Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Clear Facts Solutions ("Company," "we," "us," or "our") governing your access to and use of our website, platform, and background screening services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.

Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• If using Services on behalf of an organization, have authority to bind that organization to these Terms

Description of Services

Clear Facts Solutions provides background screening and investigation services including but not limited to:

• Criminal background checks (county, state, federal, and national)
• Employment verification and history
• Education verification
• Professional license verification
• Motor vehicle records
• Drug and alcohol testing
• Credit checks (where permitted by law)
• Reference checks
• Identity verification

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

Account Registration

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, outdated, or incomplete.

FCRA Compliance Requirements

As a consumer reporting agency under the Fair Credit Reporting Act (FCRA), we provide reports only for permissible purposes. By using our Services, you certify that:

Permissible Purpose

You will only request consumer reports for permissible purposes under the FCRA, including:

• Employment purposes (with proper authorization)
• Tenant screening (with proper authorization)
• Business transactions initiated by the consumer
• Legitimate business needs in connection with a transaction
• Other purposes permitted under 15 U.S.C. § 1681b

Disclosure and Authorization

You will:

• Provide a clear and conspicuous written disclosure to the consumer before obtaining a report
• Obtain written authorization from the consumer before requesting a report
• Use separate documents for disclosure and authorization as required by FCRA
• Comply with all state and local disclosure requirements

Adverse Action Procedures

If you take adverse action based in whole or in part on information in a consumer report, you will:

• Provide a pre-adverse action notice with a copy of the report and FCRA summary of rights
• Allow a reasonable period for the consumer to dispute the information
• Provide a final adverse action notice if you proceed with the adverse action
• Follow all applicable state and local adverse action requirements

Certification

You certify that you will not use information from our reports for any purpose other than the permissible purpose stated, and you will not share reports with unauthorized parties.

User Responsibilities

When using our Services, you agree to:

• Comply with all applicable federal, state, and local laws and regulations
• Use the Services only for lawful purposes
• Provide accurate information in all requests
• Maintain appropriate records as required by law
• Not attempt to access information without proper authorization
• Not resell or redistribute our reports without authorization
• Not use the Services to discriminate unlawfully
• Implement appropriate data security measures

Fees and Payment

Pricing

Fees for our Services are based on the types of searches requested, volume, and any applicable court fees or third-party charges. We will provide pricing information before Services are rendered.

Payment Terms

• Payment is due upon invoice unless other arrangements are made in writing
• We accept major credit cards and ACH payments
• Late payments may be subject to interest charges and service suspension
• You are responsible for all applicable taxes

Refunds

Due to the nature of our Services, fees are generally non-refundable once a search has been initiated. We may provide refunds or credits at our discretion for documented service failures.

Accuracy and Disputes

We strive to provide accurate information in all reports. However:

• Information is obtained from third-party sources and public records
• We cannot guarantee the accuracy, completeness, or timeliness of all information
• Consumers have the right to dispute inaccurate information under the FCRA
• We will reinvestigate disputed information within 30 days as required by law

If you believe information in a report is inaccurate, please contact us to initiate a dispute investigation.

Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and the compilation thereof, are owned by Clear Facts Solutions or our licensors and are protected by intellectual property laws.

You may not:

• Copy, modify, or distribute our content without authorization
• Use our trademarks without written permission
• Reverse engineer or attempt to extract source code from our software
• Remove any proprietary notices from our materials

Confidentiality

You agree to maintain the confidentiality of all information obtained through our Services and to:

• Limit access to reports to those with a need to know
• Implement appropriate security measures to protect report data
• Dispose of reports securely when no longer needed
• Not disclose confidential information to unauthorized parties

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
• WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow limitation of certain warranties or damages, so some limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Clear Facts Solutions, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any claim by a consumer related to your use of our reports

Termination

We may suspend or terminate your access to our Services at any time for any reason, including:

• Violation of these Terms
• Violation of applicable laws
• Suspected fraudulent or illegal activity
• Non-payment of fees
• Upon your request

Upon termination, your right to use our Services will immediately cease. Provisions that by their nature should survive termination shall survive.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Broward County, Florida.

Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class, consolidated, or representative action.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after any changes constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Clear Facts Solutions regarding your use of our Services.

Contact Us

If you have questions about these Terms of Service, please contact us: