By purchasing a report of any kind from OnBlass.com, Inc. you agree to the
terms,
conditions, and notices contained herein. All transactions will be in US
DOLLARS. We reserve the right to change the terms, conditions, and notices
under which this service is offered at any time and without notice. By ordering
a report you warrant that you are at least 18 years of age and have the legal
authority to enter into this agreement and use this service in accordance with
all terms and conditions set forth. You also warrant that all information
provided by you or members of your household in using this website is true and
accurate. As a condition of accepting this agreement, you warrant that you will
not use this information either intentionally or unintentionally to violate any
applicable local, state, federal or international law or regulation.
By
purchasing OnBlass.com services, you agree that: you intend to use any and all
information provided to you by OnBlass.com and its employees only for a use
which will cause no emotional or physical harm to any person. The information
you are purchasing is highly sensitive and highly regulated. Per the terms of
this agreement you the customer are required to keep a copy of all research
provided to you for a period of 6 years from the date of purchase, the consent
form attained from the subject of your search and supporting documents, and a
brief description of how you used or relied upon the information provided to
you. The client will be provided with consumer, business public record and/or
other data through OnBlass.com.com
OnBlass.com.com guarantees the client
that it will use its best means and efforts to fulfill each client's request
quickly and efficiently. OnBlass.com.com will have no obligation or liability to the client or any third party for any
delay or failure of its network due to circumstances beyond its control,
including, but not limited to computer malfunction, trunk or telephone line
failure, weather related problems, supplier performance, or Acts of God. To the
fullest extent permitted by law, the information is provided "as is",
without warranty of any kind, express or implied, including, but not limited
to, fitness for a particular purpose, title, implied warranties of
merchantability.
You
acknowledge that any information or report in compliance with the FAIR CREDIT REPORTING ACT (public
law 91-508, 15 USC section 1681, et seq. subsections 604-615) will be requested
and used by the client in full compliance with the terms and intent of that
act. The client understands that the purpose of the information purchased as
covered by the Fair Credit Reporting Act must be identified, that the
information received is for the client's use only, and that there are criminal
penalties for willful violation of this act. OnBlass.com, its affiliates, agents and
employees are not liable to any party for any consequential, direct, indirect,
or special damages for any reliance or use upon the information obtained from OnBlass.com including but not limited to,
business interruption, lost profits, loss of programs or other data, even if
OnBlass.com is expressly advised of the possibility of such damages. In addition, OnBlass.com, its affiliates, agents and
employees are not liable to any party for any special, consequential, direct,
or indirect damages for any correspondence between our customers and their
search subjects or any reunions resulting from use of our information.
Client
shall indemnify, defend and hold harmless OnBlass.com from any and all claims, damages
or liability whatever arising out of the services or data. All notices
hereunder shall be given in writing to OnBlass.com by certified mail, return receipt
requested, postage prepaid, the address of OnBlass.com
at
791 Holden Drive
,
Martinsburg
,
WV
25403
.
If any action shall be brought on account of any breach of or to enforce any of
the terms or conditions of this agreement, OnBlass.com shall be entitled to receive from
client a reasonable attorney's fee. The client shall pay reasonable attorneys
fees and all costs incurred by OnBlass.com. Client agrees that venue for any
proceeding shall be in Martinsburg
West
Virginia
or surrounding area.
OnBlass.com guarantees the client that
it will use best means and efforts to fulfill each client's request in the most
efficient and expeditious manner. The client is responsible for entering all
subject information correctly and completely in order to facilitate our ability
thoroughly complete the requested report.
Once research has commenced no refunds will be given for data entry errors on
the part of the client. Client agrees to be fully responsible for payment
once research has commenced on behalf of the client irrespective of whether the
client needs or wants the information any longer. Should client place research
into dispute we will take action to retrieve our funds, including but not
limited to placing the account for collection proceedings. Once research has been placed in
dispute for fraud our confidentiality agreement is null and void.
Should a fraud charge be made, we will notify the subject of the search,
and inform the proper authorities. Client will execute this
agreement upon payment for a search.
California Employers and Screening
for Companies
California
now requires the following notices when obtaining an employee or tenant
screening report. This report is only provided on the condition that an
employer subject to
California
law agrees to abide by these conditions. Furthermore, by requesting a screening
report, an employer certifies compliance with California Civil Code Section
1786.16. By purchasing a report you agree to abide by these terms and
conditions: 1) The report does not guarantee the accuracy or truthfulness of
the information as to the subject of the investigation, but only that it is
accurately copied from public records. Evidence of identity theft may or may
not be identified from this report. 2) The recipient of this report shall give
a copy of this report to the subject of the report. 3) Failure to provide a
copy of the report as required by law may expose you to liability as specified
in Section 1786.50. Section 1786.50 provides for fines and damages in the event
a consumer is harmed by an employer not complying with this section. Section
1786.16 refers to certain requirements already in existence, such as obtaining
releases.
Gramm - Leach - Bliley Act (GLB)
Sec. 6801.
Protection of nonpublic personal information
(a) Privacy obligation policy
It is the policy of the Congress that each financial institution has an
affirmative and continuing obligation to respect the privacy of its customers
and to protect the security and confidentiality of those customers' nonpublic
personal information.
(b) Financial institutions safeguards
In furtherance of the policy in subsection (a) of this section, each agency or
authority described in section 6805(a) of this title shall establish
appropriate standards for the financial institutions subject to their
jurisdiction relating to administrative, technical, and physical safeguards -
(1) to insure the security and confidentiality of customer records and
information;
(2) to protect against any anticipated threats or hazards to the security or
integrity of such records; and
(3) to protect against unauthorized access to or use of such records or
information which could result in substantial harm or inconvenience to any
customer.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6803, 6805 of this title.
Sec. 6802. Obligations with respect to disclosures of personal information
Notice requirements
Except as
otherwise provided in this subchapter, a financial institution may not,
directly or through any affiliate, disclose to a nonaffiliated third party any
nonpublic personal information, unless such financial institution provides or
has provided to the consumer a notice that complies with section 6803 of this
title.
(b) Opt
out
(1) In general
A
financial institution may not disclose nonpublic personal information to a
nonaffiliated third party unless -
(A) such
financial institution clearly and conspicuously discloses to the consumer, in
writing or in electronic form or other form permitted by the regulations
prescribed under section 6804 of this title, that such information may be
disclosed to such third party;
(B) The
consumer is given the opportunity, before the time that such information is
initially disclosed, to direct that such information not be disclosed to such
third party; and
(C) the consumer is given an explanation of how the consumer can exercise that
nondisclosure option.
(2) Exception
This
subsection shall not prevent a financial institution from providing nonpublic
personal information to a nonaffiliated third party to perform services for or
functions on behalf of the financial institution, including marketing of the
financial institution's own products or services, or financial products or
services offered pursuant to joint agreements between two or more financial
institutions that comply with the requirements imposed by the regulations
prescribed under section 6804 of this title, if the financial institution fully
discloses the providing of such information and enters into a contractual
agreement with the third party that requires the third party to maintain the
confidentiality of such information.
(c) Limits on reuse of information
Except as
otherwise provided in this subchapter, a nonaffiliated third party that
receives from a financial institution nonpublic personal information under this
section shall not, directly or through an affiliate of such receiving third
party, disclose such information to any other person that is a nonaffiliated
third party of both the financial institution and such receiving third party,
unless such disclosure would be lawful if made directly to such other person by
the financial institution.
(d) Limitations on the sharing of
account number information for marketing purposes
A financial institution
shall not disclose, other than to a consumer reporting agency, an account
number or similar form of access number or access code for a credit card account,
deposit account, or transaction account of a consumer to any nonaffiliated
third party for use in telemarketing, direct mail marketing, or other marketing
through electronic mail to the consumer.
(e) General exceptions
Subsections
(a) and (b) of this section shall not prohibit the disclosure of nonpublic
personal information -
as
necessary to effect, administer, or enforce a transaction requested or
authorized by the consumer, or in connection with -
(A) servicing or processing a financial product or service requested or
authorized by the consumer;
(B) maintaining or servicing the consumer's account with the financial
institution, or with another entity as part of a private label credit card
program or other extension of credit on behalf of such entity; or
(C) a proposed or actual securitization, secondary market sale (including sales
of servicing rights), or similar transaction related to a transaction of the
consumer;
(2) with
the consent or at the direction of the consumer;
(3)(A) to
protect the confidentiality or security of the financial institution's records
pertaining to the consumer, the service or product, or the transaction therein;
(B) to protect against or prevent actual or potential fraud, unauthorized
transactions, claims, or other liability; (C) for required institutional risk
control, or for resolving customer disputes or inquiries; (D) to persons
holding a legal or beneficial interest relating to the consumer; or (E) to
persons acting in a fiduciary or representative capacity on behalf of the
consumer;
(4) to
provide information to insurance rate advisory organizations, guaranty funds or
agencies, applicable rating agencies of the financial institution, persons
assessing the institution's compliance with industry standards, and the
institution's attorneys, accountants, and auditors;
(5) to
the extent specifically permitted or required under other provisions of law and
in accordance with the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401
et seq.), to law enforcement agencies (including a Federal functional
regulator, the Secretary of the Treasury with respect to subchapter II of
chapter 53 of title 31, and chapter 2 of title I of Public Law 91-508 (12
U.S.C. 1951-1959), a State insurance authority, or the Federal Trade Commission),
self-regulatory organizations, or for an investigation on a matter related to
public safety;
(6)(A) to
a consumer reporting agency in accordance with the Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.), or (B) from a consumer report reported by a consumer
reporting agency;
(7) in
connection with a proposed or actual sale, merger, transfer, or exchange of all
or a portion of a business or operating unit if the disclosure of nonpublic
personal information concerns solely consumers of such business or unit; or
(8) to
comply with Federal, State, or local laws, rules, and other applicable legal
requirements; to comply with a properly authorized civil, criminal, or
regulatory investigation or subpoena or summons by Federal, State, or local
authorities; or to respond to judicial process or government regulatory
authorities having jurisdiction over the financial institution for examination,
compliance, or other purposes as authorized by law.
(Pub. L. 106-102, title V, Sec. 502, Nov. 12, 1999, 113 Stat. 1437.)
Fair Credit Reporting Act (FCRA)
The FCRA statement can be viewed below:
FCRA
section number (§§ 604. Permissible purposes of consumer reports [15 U.S.C. §
1681b])
(a) In general. Subject to subsection (c), any consumer reporting agency may
furnish a consumer report under the following circumstances and no other:
(1) In
response to the order of a court having jurisdiction to issue such an order, or
a subpoena issued in connection with proceedings before a Federal grand jury.
(2) In accordance
with the written instructions of the consumer to whom it relates.
(3) To a
person which it has reason to believe
(A) intends to use the information in connection with a credit transaction
involving the consumer on whom the information is to be furnished and involving
the extension of credit to, or review or collection of an account of, the
consumer; or
(B)
intends to use the information for employment purposes; or
(C)
intends to use the information in connection with the underwriting of insurance
involving the consumer; or
(D)
intends to use the information in connection with a determination of the
consumer's eligibility for a license or other benefit granted by a governmental
instrumentality required by law to consider an applicant's financial
responsibility or status; or
(E)
intends to use the information, as a potential investor or service provider, or
current insurer, in connection with a valuation of, or an assessment of the
credit or prepayment risks associated with, an existing credit obligation; or
(F)
otherwise has a legitimate business need for the information
(i) in
connection with a business transaction that is initiated by the consumer; or
(ii) to review an account to determine whether the consumer continues to meet
the terms of the account.
(4) In
response to a request by the head of a State or local child support enforcement
agency (or a State or local government official authorized by the head of such
an agency), if the person making the request certifies to the consumer reporting
agency that
(A) the
consumer report is needed for the purpose of establishing an individual's
capacity to make child support payments or determining the appropriate level of
such payments;
(B) the
paternity of the consumer for the child to which the obligation relates has
been established or acknowledged by the consumer in accordance with State laws
under which the obligation arises (if required by those laws);
(C) the
person has provided at least 10 days' prior notice to the consumer whose report
is requested, by certified or registered mail to the last known address of the
consumer, that the report will be requested; and
(D) the
consumer report will be kept confidential, will be used solely for a purpose
described in subparagraph (A), and will not be used in connection with any
other civil, administrative, or criminal proceeding, or for any other purpose.
(5) To an
agency administering a State plan under Section 454 of the Social Security Act
(42 U.S.C. § 654) for use to set an initial or modified child support award.
The FCRA
can be viewed in its entirety at http://www.ftc.gov/os/statutes/fcra.htm
Please be
advised: The Fair Credit Reporting Act restricts the use of information
contained throughout this site for making consumer credit decisions, insurance
underwriting, employment screening, or tenant screening. Furthermore, local and
state laws may restrict use of criminal record data for other purposes.
Information within this site shall not be used for any FCRA purpose and/or
otherwise in violation of any and all applicable law(s). In addition,
information contained herein is derived solely from public records, which may
not be 100 percent accurate, up-to-date, and/or complete. Users should not
assume that this data provides a complete or accurate history of any person’s
criminal and/or public filing history. Users should consult state and federal
laws before using this information in making decisions on hiring or firing employees. OnBlass.com assumes no liability for any
claims for damages arising from the use of this data beyond the actual cost of
the searches performed.
