» Service
Agreement for E-MaximumCriminalSearch
1. In order to access any of Washington
Research Associates' database information or receive
any of its background-check or people-locate reports,
I (the user) agree to the following terms and conditions.
A). I intend to use the information for lawful purposes
only.
B). I am 18 years of age or older.
C). I intend to comply with all state and federal laws
governing the use of personal information and reports,
including, if applicable, the Fair Credit Reporting Act
[ http://www.ftc.gov/os/statutes/fcrajan2002.pdf ].
D). I understand that
E-MaximumCriminalSearch is
based entirely on public records. It contains no private
or restricted information.
It is not intended for employment, or for other purposes
authorized under the
FCRA.
E). I recognize that E-MaximumCriminalSearch contains only the information specified at
www.e-maximumcriminalsearch.com
If WRA fails to provide this information without reasonable
cause I may require a refund; however, I must allow WRA
an opportunity to correct any such problem before requiring
a refund.
2. Disclaimer of Warranties. The information being sold
hereunder is supplied "as is" and Washington Research
Associates (WRA) makes no representations or warranties,
express or implied, as to the information provided
pursuant to this agreement, and WRA expressly disclaims
warranties of merchantability and warranties of suitability
or fitness for a particular purpose, as applicable.
3. Limitation of Liability. We recognize the importance
of furnishing accurate Information to you and we will
make all reasonable efforts to provide timely and accurate
Information through strict policies, procedures and audits
of our employees and independent contractors. You understand
and agree that any Information furnished pursuant to
this Agreement has been created, maintained and reported
by various federal, state and county agencies and other
third parties which are not under our control. Responsibility
for the accuracy of the Information rests solely with
said agencies and other third parties which create, maintain
and report said Information. We will not be liable to
you for damages, and you hereby release us from any liability
for damages arising under any theory of legal liability
to the fullest extent that you may legally agree to release
us from liability for such damages, provided, however,
that you do not release us from any liability arising
solely from our willful misconduct or gross negligence
(unless attributed or imputed to us by reason of any
act or omission of yours whether as an agent of ours
or otherwise). In the event we are liable to you for
any matter arising under or relating to this agreement,
whether arising in contract, equity, tort or otherwise
(including, without limitation, any claim for negligence),
the amount of damages recoverable against us for all
such matters will not exceed, in the aggregate, the amount
paid to us by you for the information, and recovery of
the amount is your sole and exclusive remedy hereunder.
4. Indemnity. You agree, whether or not this Agreement
has expired or been terminated, to indemnify, defend
and save and keep harmless us and our employees, agents
and representatives, from and against any and all liabilities,
obligations, losses, damages, penalties, fines, punitive
damages, amounts in settlement, claims, actions, proceedings,
suits, judgments, costs, interest, expenses and disbursements
of any kind and nature whatsoever arising under any theory
of legal liability (including attorneys' fees and costs)
that may be imposed on, incurred by or asserted against
us, and our employees, agents or representatives, in
any way relating to, resulting from, based upon, or arising
out of the services performed and Information provided
pursuant to this Agreement.
5. Limitation of Actions. No claim may be asserted by
either party hereto against the other party with respect
to any event, act or omission that occurred more than
two (2) years prior to such claim being asserted.
6. Entire Agreement
of the Parties. This Agreement and
the related documents hereto or expressly contemplated
hereby contain the entire understanding of the parties
relating to the subject matter contained herein and supersede
all prior written or oral and all contemporaneous oral
agreements and understanding relating to the subject
matter hereof. This Agreement cannot be modified or amended
except in writing duly executed by both parties.
7. Independent Contractor. The relationship created
by this Agreement is intended to be solely one of independent
contracting parties and not of partnership, principal
and agent or similar obligation. We shall, at all times,
be regarded as an independent contractor and shall at
no time act as agent or employee for you. We may use
any employees or subcontractors as we deem necessary
to perform the services required of us by this Agreement.
You may not control, direct or supervise our employees
or subcontractors in the performance of said services.
Each of the parties to this Agreement has relied upon
its own investigation and judgment in determining to
become a party to this Agreement and has not relied upon
any representation or promise of the other party that
is not reflected in this Agreement.
8. Binding Effect. This Agreement shall be binding upon
and inure to the benefit of us and its successors and
assigns and you and your successors and assigns.
9. Sever ability. The invalidity, illegality or unenforceability
of any provision of this Agreement shall not affect the
validity, legality or enforceability of any other provision
of this Agreement, which shall remain in full force and
effect.
10. Governing Law,
Venue and Jurisdiction. This Agreement
shall be controlled by, construed and enforced in accordance
with the laws of the State of Florida. Any claim or
cause of action shall be brought by either party in the
state courts of Florida and in the county of
Hillsboro
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