Terms

Services:

Employmentskiptracing.com uses licensed and public databases plus traditional investigative practices to provide verified employment information to User. Information obtained from databases is verified with applicable human resource departments when needed to insure accurate information is provided to User. User shall accept the results as they are provided. Available employment verification information will be provided to User on a weekly basis.

Employmentskiptracing.com represents and warrants that the services performed will be provided in a professional and workmanlike manner consistent with industry standards.

User Representations:

The information that Employmentskiptracing.com provides to User may contain consumer identification information or consumer report information that may be governed by the Gramm-Leach-Bliley Act (GLB) or the Fair Credit Reporting Act (FCRA). In accordance with these laws and their implementing regulations, such information shall be used exclusively for the following purpose:

Performing collection of a consumer’s account. User intends to use the information contained in the verification provided by Employmentskiptracing.com in connection with a credit transaction involving the consumer on whom the verification is to be furnished and involving collection of an account of the consumer and for no other purpose.  User further represents and warrants to Employmentskiptracing.com that it has entered into a voluntary credit transaction with each consumer upon which it requests information from Employmentskiptracing.com.  Employmentskiptracing.com shall not request, obtain, or use the above referenced Services for any other purpose including, but not limited to, for the purpose of selling, renting or otherwise providing information obtained under this Agreement to any other party, whether alone, in conjunction with User’s own data, or  otherwise in any service which derived from the Services.

Restriction:

User shall not sell, transmit, transfer or otherwise convey for value any information provided to User by Employmentskiptracing.com.

No Assignment of Agreement:

User shall not assign its rights or interest in this Agreement without the prior written consent of the Employmentskiptracing.com.

No Waiver Clause:

No term or provision of this Agreement may be waived or modified unless in writing and agreed to by all parties hereto.  No failure or successive failures on the part of either party, or its respective successors or permitted assigns, to enforce any covenant or agreement, and no waiver of successive waivers on the part of either party, or its respective successors or permitted assigns, or any condition of this Agreement, shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the subsequent breach or breaches by the other party, its successors or permitted assigns.

Agency Relationship:

User acknowledges that Employmentskiptracing.com, acting as User’s agent, may request a consumer report from one or more consumer reporting agencies.  User represents and warrants to Employmentskiptracing.com that it has a permissible purpose under the Fair Credit Reporting Act to access the consumer report of each consumer about which User requests Services or information from Employmentskiptracing.com.

Entire Agreement:

This agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, whether oral or written, express or implied, solely with respect to the subject matter of this Agreement.  This Agreement shall not be binding on either party until signed by the Employmentskiptracing.com.

Indemnity and Defense:

Employmentskiptracing.com shall not be liable to User, or any other person claiming through the User, or to any person whom the User may have provided information obtained from Employmentskiptracing.com, for any loss or injury caused in whole or in part by acts of Employmentskiptracing.com in connection with information requested by User. Furthermore, Employmentskiptracing.com shall not be liable for the User’s unauthorized or unlawful use and/or dissemination of the information obtained from or provided by Employmentskiptracing.com. Employmentskiptracing.com’s sole representation and warranty is that the information gathered and reported by Employmentskiptracing.com shall be accurate and reliable as of the effective date reported to User. User’s sole remedy for any inaccurate information provided by Employmentskiptracing.com shall be the refund of the fee paid by User to Employmentskiptracing.com for such information. Employmentskiptracing.com’s damages shall be limited to the fee paid by User for the inaccurate information.  The provisions of this paragraph shall survive the termination or expiration of this Agreement. In no event shall Employmentskiptracing.com be liable for any consequential, incidental, indirect, special, or punitive damages incurred by or threatened against the User arising out of the performance or subject matter of this Agreement, including but not limited to loss of good will and lost profits or revenue, whether or not such loss or damage is based in contract, warranty, tort, negligence, strict liability, indemnity, or otherwise, even if the Employmentskiptracing.com has been advised of the possibility of such damages.  These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Payment Terms:

User shall be billed monthly for the proceeding month’s employment verification provided by Employmentskiptracing.com. Payment is due upon receipt of statement. Cost per verified employment is based on volume with Employmentskiptracing.com. Please contact us for a price quotation or alternative billing terms.

Employmentskiptracing.com reserves the right to change the price from time to time, but no change in the pricing table shall become effective earlier than thirty (30) days after written notice thereof shall have been given by the Employmentskiptracing.com to the User. Without limiting any of Employmentskiptracing.com’s remedies for non-payment or late payment of invoices, invoices which are not paid within sixty (60) days of the invoice date shall be subject to a late charge of one and one-half percent (1.5%) per month (18% per year) or the maximum allowed by law, whichever is less.  If collection efforts are required, User shall pay all costs of collection, including reasonable attorneys’ fees and costs.

Compliance with Laws:

User shall not use information obtained from Employmentskiptracing.com in violation of any federal, state, or local law including, but not limited to, the Fair Credit Reporting Act and the Gramm-Leach-Bliley Act and their implementing regulations.  This obligation shall survive the expiration or termination of this Agreement.  Each party hereto shall be responsible for its own compliance with all applicable federal and state legislation, regulations and judicial actions, including, but not limited to the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the Telephone Consumer Protection Act and any similar state legislation, regulation, judicial action.

Termination of Service:

Either party may terminate this Agreement at any time upon providing written notice to the other party. User is responsible for the payment of any employment verifications completed prior to Employmentskiptracing.com’s receipt and acknowledgment of any notice to terminate this Agreement.

Miscellaneous:

This Agreement and the respective rights and obligations of the parties hereunder, shall be construed under and be governed by the laws of the State of Missouri without regard to principles of conflict of laws. Any action, claim or proceeding brought by any party hereunder shall be commenced exclusively in the Circuit Court of St. Louis County, Missouri, and the parties hereto each hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts in any action, claim or proceeding brought under this Agreement.

Construction and Severability:

If any term, part or provision of this Agreement is held by a court to be invalid, illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected, and the rights, obligations and covenants of the undersigned parties shall be construed and enforced as if the Agreement did not contain the particular term, condition, part or provision held to be unlawful.  In the event that a dispute arises regarding any term, performance or enforcement of this Agreement, the substantially prevailing party shall be entitled to an award of court

Please contact Steve Singer at 1-800-421-5876 or through our contact form to obtain an operating agreement detailing these terms and conditions.