Terms and Conditions

End user agrees and certifies to:

1. Use the services of and the reports received from Xact Check in strict compliance with all provisions of the Fair Credit Reporting Act (FCRA), Public Law 91-506, Driver's Privacy Protection Act, Public Law 106-69, Americans with Disabilities Act (ADA), and all other applicable federal and state laws and regulations including federal and state equal opportunity laws and regulations.

2. Review the Fair Credit Reporting Act and comply with all legal obligations as outlined in said Act.

3. Use the information provided by Xact Check for the End User's exclusive use only, except to disclose said information to the subject of the report, and for employment purposes only, and only in accordance with applicable law.

4. User is the "End User" of the information provided Xact Check and will not further sell said information to any third party.

5. Make clear and conspicuous disclosure to the applicant or employee, in writing and in a separate document, that a consumer report may be obtained for employment purposes.

6. Make a clear and accurate disclosure to applicant or employee if an investigative consumer report (reference check) will be obtained, including a statement informing the subject of the report that additional information is available if requested.

7. Obtain the proper written authorization from the applicant or employee for any consumer report prior to requesting a report. Provide a copy of the signed authorization to the consumer.

8. Provide proper notice to the applicant or employee, a copy of the report obtained, and a Summary of Rights, as required by the FCRA, if an adverse decision regarding employment is going to be made due to the information obtained from Xact Check.

9. Ensure that reports will be requested only by User's designated representatives and forbid employees from obtaining reports on themselves, associates or any other person except in the exercise of their official duties.

10. Assume responsibility for the final verification of the applicant's identity.

11. Recognize that once Xact Check has delivered your login information to the main contact person listed on this agreement, that the security and dissemination of the unique client login information is the responsibility of the person signing this agreement.

12. Be aware that, if an account remains inactive for 12 consecutive months, it may be closed and a new User Agreement may be required to reopen the account.

Term and Termination

1. The term of this agreement shall begin on the Effective Date and will continue for a period of (one) 1 year from the Effective Date unless earlier terminated, renewed or extended in accordance with the terms of this Agreement. This Agreement will renew automatically for successive (one) 1 year periods unless either party gives written notice to the other party of its intent not to renew no less than (thirty) 30 days prior written notice, subject to a (thirty) 30 day right to cure.

2. Either party may terminate this Agreement without cause by providing (ninety) 90 days prior written notice, or terminate with cause, as defined as a material breech of the Agreement, with (thirty) 30 days' prior written notice, subject to a (thirty) 30 day right to cure.