Fields with ** are required.
(a) A clear and conspicuous disclosure is first made in writing to the consumer before the Consumer Report for Employment Purposes is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes;
(b) The consumer has authorized in writing the procurement of the report; and
(c) Information from the Consumer Report for Employment Purposes will not be used in violation of any applicable federal or state equal employment opportunity law or regulation.
Customer further certifies that before taking adverse action in whole or in part based on the Consumer Report for Employment Purposes, it will provide the consumer the following:
(a) A copy of the Consumer Report for Employment Purposes; and
(b) A copy of the consumer's rights in the format approved by the Federal Trade Commission, which notice shall be supplied to Customer by MAF Background Screening Customer certifies that it will request consumer reports pursuant to procedures prescribed by MAF Background Screening from time to time only for the permissible purpose certified above, and will use the reports obtained for no other purpose. Customer shall use each consumer report only for a one?time use and shall hold the report in strict confidence, and not disclose it to any third parties.
Access Security
It is a requirement that Customer take precautions to secure any method, system or device used to access consumer information, including credit reports. To that end, the following are required from Customer for security of information:
• Your account number and password must be protected in such a way that only key personnel know this sensitive information. Under no circumstances shall unauthorized persons have knowledge of your password. This information must not be posted in any manner. Your account number, user codes and passwords must be changed if there has been an actual or suspected compromise or misuse of codes or passwords. Strong password policing must be in place with frequent and mandatory password changes, approximately every 90 days. Any passwords of individual users who are no longer authorized to obtain consumer information, including credit reports, shall be disabled or deactivated.
• Any system software used by Customer whether developed by Customer or purchased from a third party vendor, must have your account number and password "hidden" or embedded so that the password is known only to supervisory personnel. Each user of your system access software must then be assigned an unique log-on password.
• Your account number and passwords shall not be discussed by telephone to any unknown caller, even if the caller claims to be an employee of MAF Background Screening.
• The ability to obtain credit information shall be restricted to key personnel.
• Any terminal devices used to obtain consumer information shall be placed in a secure location within your facility. Access of the devices shall be difficult to be achieved by unauthorized persons.
• Any device systems used to obtain consumer reports shall be turned off and locked after normal business hours, when unattended by your key personnel.
• Hard copies and electronic files of consumer credit reports shall be secured within your facility and protected against release or disclosure to unauthorized persons.
• Hard copies of consumer reports shall be shredded when no longer needed and when permitted to do so by applicable law(s) and regulations(s).
• Electronic files containing consumer report data and /or information will be completely erased or rendered unreadable when no longer needed and when destruction is permitted by applicable law(s) and regulations(s).
General Provisions Customer shall maintain copies of all written authorizations from consumers for a minimum of five (5) years from the dates of inquiries on the consumers.
THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS OR BOTH.
With just cause, such as violation of the terms of this Agreement or a legal requirement, or a material change in existing legal requirements which adversely affects this Agreement, or a delinquency in payment of charges, MAF Background Screening may, upon its election, discontinue serving the Customer and cancel this Agreement immediately. Otherwise, this Agreement shall remain in force and effect for one year, and thereafter from year to year on the same basis as set forth herein unless written notice of cancellation shall be given by either party to the other party at least 10 days prior to the end of a monthly billing period. Invoices for membership and services are due and payable upon receipt, at the prices established from time to time by MAF Background Screening, plus any applicable state and local taxes. A finance charge will be assessed at a rate of 1% per month (12% per year) on all invoiced balances unpaid for more than 60 days after invoice date. Customer shall be liable for all costs, including reasonable attorney fees, collection fees and court costs incurred by MAF Background Screening in connection with the collection of any sums owed by Customer.
Each party (the "indemnifying party") shall defend, indemnify and hold harmless the other party (the "indemnified party") against and from all actions, suits, claims, liabilities, damages, fines, impositions, losses and costs (including reasonable attorneys' fees and court costs) asserted or brought by any third party against the indemnified party as a result of or arising from the indemnifying party's breach of its duties or obligations set forth in this Agreement or its intentional misconduct or negligence.
Customer has read and understands the "Customer Requirements" and "FCRA compliance" information located on the MAF Background Screening Web site, www.mafscreening.com. Customer shall take all reasonable measures to ensure that it complies with both the FCRA and MAF Background Screening privacy policies. The undersigned certifies on behalf of Customer that Customer will use the consumer reports for no other purpose other than what is stated in the "Permissible Uses" Section of this Agreement and that Customer will not sell the reports nor provide Customer access codes to any unauthorized persons. In the event of the carelessness on the part of Customer or any employee of Customer in accessing or utilizing consumer reports, Customer and/or its employees shall be held responsible for financial losses, fees, expenses, or other monetary charges that may be incurred by MAF Background Screening and Customer's access privilege may be immediately terminated. This Agreement may not be assigned, sold, or transferred by Customer to any third parties. By signing this Application as a guarantor, the person so signing shall be personally and unconditionally liable for the performance and payment of Customer's obligations under this Agreement and any Addendum or other agreement attached hereto or made a part hereof.
Certain vendors of the reports or services to be furnished to Customer pursuant to this Agreement (including, but not limited, to the credit reporting agencies) require as a condition to the furnishing of their reports or services that the Customer acknowledge and agree to the terms, conditions and requirements governing the acquisition and use of their reports or services. Those terms, conditions and requirements are set forth in specific addenda, appendices and exhibits which are made part of this Agreement. Customer hereby certifies that (i) Customer has read all addenda, appendices and exhibits which are part of this Agreement, (ii) Customer understands and accepts all of the terms, conditions and requirements contained therein and (iii) Customer agrees to abide by those terms, conditions and requirements as the same may be amended and modified by the vendors in the future.
The undersigned signator warrants and represents that he or she is a duly authorized representative of the above-named Customer with full authority to execute this Application on behalf of Customer and the undersigned also warrants that the above information is accurate and complete and the undersigned on behalf of the Customer hereby authorizes the reference(s) listed in the Application to release information to MAF Background Screening.
MAF provides information products and services to employers and prospective employers for the screening of employees and prospective employees. Pursuant to the Driver Privacy Protection Act, 18 USC 2721 et seq., (hereinafter the "DPPA"), personal information on individuals may be obtained from state motor vehicle records (including driver, vehicle, title and registration histories) and used only for those permissible uses set forth in the DPPA. The DPPA provides that such personal information may be disclosed by a state department of motor vehicles "for use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains." Applicant in its employee screening process will from time to time seek for only its use certain personal information on an employee or prospective employee from state motor vehicle records and in such instances Applicant will procure the written consent of such employee or prospective employee to the release of such information before requesting the same. In accordance with the provisions hereinafter set forth, such information will be provided by MAF to Applicant, as the end-user of the information.
THE APPLICANT AGREES TO THE FOLLOWING:
1) Applicant certifies that Applicant shall at all times comply with the DPPA and all amendments or revisions thereto. Likewise, Applicant certifies that Applicant shall at all times comply with all the provisions of Public Law 91-508 and all amendments or revisions thereto (herein referred as The Fair Credit Reporting Act or FCRA), and other applicable Federal, State and local laws, statutes, ordinances, rules and regulations including those which govern and regulate the dissemination of consumer credit information and motor vehicle records. Applicant shall request information only for Applicant's exclusive use and Applicant hereby certifies that information requests will be made only for employment purposes. Prior to requesting a motor vehicle record on an individual (hereinafter "MVR") or upon the request of MAF, Applicant shall execute any and all forms which may be required by a state or local governmental authority as a prerequisite to that authority's release of an MVR on an employee or prospective employee of the Applicant.
2) Applicant hereby certifies that each time a request for personal information on an individual (hereinafter the consumer") contained in an MVR is made of MAF for employment purposes, Applicant will comply with the DPPA and FCRA, namely: (1) the consumer has been given a clear and conspicuous written notice, in advance (in a document that consists solely of the disclosure), that a MVR may be requested for employment purposes; (2) the consumer has authorized the Applicant, in writing, to procure the MVR;
(3) the information in the MVR will not be used in violation of any applicable federal or state equal employment opportunity law or regulation; and (4) before taking adverse action, in whole or in part on the MVR and/or consumer report, Applicant will provide the consumer a copy of the MVR and a description of the consumer's rights under the FCRA.
3) Applicant shall not under the provisions of this service agreement purchase MVRs as a broker or reseller of such reports nor shall Applicant in any manner, sell, distribute, publish or disclose, in whole or in part, information in such reports to any person or entity other than the consumer. For a period of five (5) years, Applicant shall retain all information related to each request for an MVR on a consumer including, but not limited to, identifying information on the consumer, proof of Applicant's permissible purpose to obtain the MVR, the MVR itself, and a record of any action taken by Applicant because of the MVR. Such documentation shall be made available to MAF for inspection at such times and places as MAF may reasonably request.
4) Applicant shall hold in strict confidence all MVR information received from MAF, whether written, printed, oral or automated (same being for the exclusive use of Applicant) and not alter (i.e., change, amend or delete) the same and if the disclosure of such information to a third party on a consumer or alteration of the same results in any claims or litigation, or if the Applicant's violation of the DPPA and/or the Fair Credit Reporting Act or any similar local, state or federal law results in any claims or litigation, Applicant agrees to indemnify and hold MAF, MAF's officers, agents, employees and independent contractors harmless against any liability, damages, cost or expense including reasonable attorney's fees, resulting therefrom. MAF shall not be liable in any manner whatsoever for any loss or injury to Applicant resulting from the obtaining or furnishing of such information and shall not be deemed to have guaranteed the accuracy of such information, such information being based, however, upon reports obtained from sources considered by MAF to be reliable.
5) Applicant understands and agrees that MAF reserves the right at anytime to refuse to deliver an MVR to Applicant if, in MAF's sole discretion, it determines that the delivery of the MVR to Applicant would violate any federal, state or local statute, law, ordinance, rule or regulation. If for any reason MAF's sources of MVRs decline to furnish MVRs to MAF for Applicant's use, MAF shall no longer be obligated to furnish MVRs to Applicant and MAF and have no liability to Applicant for the actions of such sources.
6) Applicant shall pay MAF a separate charge for each MVR ordered by Applicant from MAF in accordance with the prices from time to time established by MAF.
7) Applicant certifies that it is lawfully organized and authorized to do business in each state where it conducts business.
MAF AGREES TO THE FOLLOWING:
1) Subject to the terms of this Addendum, MAF will furnish to Applicant MVRs on consumers at MAF's established rates.
IT IS FURTHER MUTUALLY AGREED THAT:
1) MAF and the Applicant shall be liable to any third party claimant for its own breach of any duties or obligations imposed under this Addendum or its own acts of negligence with regard to the performance of its duties hereunder, and each shall indemnify and hold harmless the other for and from all such third party claims arising on account of such breaches or acts of negligence, and any cost or expense, including reasonable attorney's fees, incurred by the other in connection therewith.
2) Invoices for MVR reports are due and payable upon receipt at the prices established from time to time by MAF plus any applicable state and local taxes. A finance charge will be assessed at the rate of 1% per month (12% per year) on all invoiced balances unpaid for more than 30 days after invoice date.
3) Applicant shall be liable for all costs, including reasonable attorneys fees, collection fees and court costs incurred by the Association or its wholly owned subsidiaries in connection with the collection of any sums owed by Applicant.
4) This Agreement shall remain in force and effect for one year, and thereafter from year to year on the same basis as set forth herein unless written notice of cancellation shall be given by either party at least ten days prior to the end of a monthly billing period. If Applicant is delinquent in payment of charges or is in violation of the terms of any other Agreement, MAF may, at its election, immediately discontinue providing services and cancel this agreement by written notice to Applicant.
5) This Agreement supersedes any prior agreements or addenda executed by Applicant and MAF in connection with Applicant's purchase of MVRs from MAF and the rights and duties of the parties shall hereafter be governed by the terms and conditions of this Agreement.
Select Permissable Purpose from list below:
Customer certifies that it will request consumer reports pursuant to procedures prescribed by MAF Background Screening from time to time only for the permissible purpose certified above, and will use the reports obtained for no other purpose. Customer shall use each consumer report only for a one-time use and shall hold the report in strict confidence, and not disclose it to any third parties; provided, however, that Customer may, but is not required to, disclose the report to the subject of the report only in connection with any adverse action based on the report. Moreover, unless explicitly authorized in this Agreement or in a separate agreement between MAF Background Screening and Customer for scores obtained from any credit repository, or as explicitly otherwise authorized in advance and in writing by the repository (ies) through MAF Background Screening, Customer shall not disclose to consumers or any third party, any or all such scores so provided unless required by law.
Access Security It is a requirement that Customer take precautions to secure any method, system or device used to access consumer information, including credit reports. To that end, the following are required from Customer for security of information:
1. This is Addendum A to the MAF Background Screening Application for Services and is made a part of said Agreement. By accepting and signing below, Customer hereby agrees to comply with all terms and conditions of the MAF Background Screening Application for Services, Addendum A and all Exhibits and Appendices which are explicitly made a part hereof
2. MAF Background Screening may from time to time diminish or increase the charges to Customer upon thirty days' written notice mailed or delivered to Customer at its business address and in such event Customer agrees to pay to revised charges unless Customer shall terminate this Addendum as hereinafter provided.
3. Customer hereby agrees, represents and warrants that it intends to use services for the purposes of tenant screening and/or employment background screening and in using the services of MAF Background Screening, Customer will in all respects comply with the provisions of 15 U.S.C. §?1681 et seq. ("FCRA") and that services will be requested only for the Customer's exclusive use.
4. Customer certifies that it will request consumer reports pursuant to procedures prescribed by MAF Background Screening from time to time and only for the permissible purpose certified above, and will use the reports obtained for no other purpose. Customer shall use each consumer report only for a one-time use and shall hold the report in strict confidence, and not to disclose it to any third parties; provided, however that Customer may, where allowed or required by law, disclose the report to the subject of the report only in connection with an adverse action based on the report. Moreover, for scores obtained from Trans Union, Equifax Information Services, or Experian Information Solutions, Customer shall not disclose to consumers or any third party, any or all such scores provided under this Addendum, except as required by law. Customer agrees that consumer credit reports on employees will not be requested. The employment consumer report is to be accessed when pulling reports on employees. Customer will maintain copies of all written authorizations for a minimum of five (5) years from the date of inquiry and provide MAF Background Screening copies of such upon request Customer further agrees, as requested, promptly to furnish by telephone or in writing to MAF Background Screening all required information covering transactions by the Customer and its consumers, and to indemnify MAF Background Screening, Trans Union, Equifax Information Services, Experian Information Solutions, and each of the other Customers and the officers and employees of each, jointly and severally, from any loss, damage, attorney's fees and costs arising from any claim or suit based on alleged violation of any provision of this Addendum.
5. This Addendum shall continue in force without any fixed date of termination, subject to cancellation by either party upon thirty (30) days prior written notice mailed or delivered to the office of the other party; further subject to the right of MAF Background Screening at any time and without prior notice, to terminate this Addendum in event of any federal or state law or decision which affects the economic operation of MAF Background Screening or any violation by Customer of any provision of this Addendum or the FCRA, and further subject to the right of Customer at any time and without prior written notice, to terminate this Addendum in event of increase in charges to the Customer, as provided herein.
6. No information furnished to Customer is guaranteed nor is MAF Background Screening in any way responsible for such information. MAF Background Screening shall not be responsible or liable for any loss caused by neglect or act of any of its servants, agents, attorneys, clerks or employees in procuring, collecting and communicating any information furnished by or to Customer. No promise, statement, representation or Addendum made by any employee or other representative of MAF Background Screening and not expressed in this Addendum shall bind it contractually or otherwise to Customer.
7. Customer agrees to fully support and implement policies that protect the confidential nature of information furnished by and through MAF Background Screening and insure respect for consumers' rights to privacy. Customer will take precautions to restrict the ability to obtain credit information to key personnel; safeguard access to credit software; safeguard access to websites where credit information can be obtained; protect Customer identification and passwords; and will properly destroy hard copies and electronic files of consumer credit information when no longer needed, or as required by law.
8. Customer hereby agrees to comply with all policies and procedures instituted by MAF Background Screening and required by MAF Background Screening' consumer reporting vendors. MAF Background Screening will give Customer as much notice as possible prior to the effective date of any such new policies required in the future, but does not guarantee that reasonable notice will be possible. Customer may terminate this Addendum at any time after notification of a change in policy in the event Customer deems such compliance as not within its best interest.
9. Customer agrees that MAF Background Screening and MAF Background Screening' consumer reporting vendors shall have the right to audit records of Customer that are relevant to the provision of services set forth in this Addendum and all its attachments. Customer further agrees that it will respond within a requested time frame for information requested by MAF Background Screening' consumer reporting vendors regarding information provided by such vendor. Customer understands that such vendor may suspend or terminate access to the vendor's information in the event Customer does not cooperate with any such an investigation.
10. (a). During the term of this Addendum, Customer agrees to comply with all federal, state and local statutes, regulations and rules applicable to it, including, without limitation the FCRA, with any changes enacted to FCRA during the term of this Addendum, the Gramm Leach Bliley Act and its implementing regulations, any state or local laws governing the disclosure of consumer credit information, and any regulations or limitations promulgated by MAF Background Screening' consumer reporting vendors. Without limiting the foregoing, MAF Background Screening may from time to time notify Customer of new additional, updated or new requirements relating to such laws, compliance with which will be a condition of MAF Background Screening' continued provision of the credit information to Customer, and Customer shall utilize training materials to train and educate its employees in proper security procedures consistent with industry standards. In addition, such new requirements might require price increases. Customer agrees to comply with any such new requirements no later than thirty (30) days after it actually receives notice from MAF Background Screening and such requirements shall be incorporated into this Addendum by this reference. Customer understands and agrees that MAF Background Screening may require evidence, including a certification that Customer understands and will comply with applicable laws. (b). Customer will implement strict security procedures designed to ensure that Customer's employees use the services and information in accordance with this Addendum and for no purposes other than as permitted by this Addendum. Customer will treat and hold the services and the credit information in strict confidence and will restrict access to the services and the credit information to Customer's employees and customers who agree to act in accordance with the terms of this Addendum and applicable law. Customer will not forward or share information from MAF Background Screening' consumer reporting vendors with any third party. Customer will inform Customer's employees and customers to whom any credit information is disclosed of the provisions of this Addendum. Customer agrees to indemnify MAF Background Screening and its consumer reporting vendors for any claims or losses incurred by MAF Background Screening or its consumer reporting vendors as a result of the misuse of the services or the credit information by Customer or Customer's affiliates, employees, agents, subcontractors or customers in violation of this Addendum.
11. Customer shall notify MAF Background Screening of any breach of the security of consumer reporting data if the personal information of consumers was, or is reasonably believed to have been, acquired by an unauthorized person within 24 hours following discovery thereof.
12. Customer agrees that MAF Background Screening may verify, through audit or otherwise, that Customer is in fact the end Customer of the credit information with no intention to resell or otherwise provide or transfer the credit information in whole or in part to any other person or entity. MAF Background Screening may utilize a third party vendor to perform an on-site inspection of Customer's business, and Customer agrees to allow access to such third party.
13. Customer agrees to notify MAF Background Screening of any change of ownership or control fifteen days prior to any such change. MAF Background Screening will require the new ownership to re-apply for the services provided for herein and will require a new physical inspection in the event the office location is changed.
14. Customer hereby authorizes MAF Background Screening to provide copies of any information regarding Customer to MAF Background Screening' consumer reporting vendors.
15. Customer agrees that MAF Background Screening may monitor Customer on an ongoing basis to determine Customer's compliance with applicable law and the provisions of this Addendum. In the event MAF Background Screening determines that Customer is not in compliance with applicable law or this Addendum, Customers' services may be immediately discontinued under this Addendum. Customer shall remain responsible for the payment for any services provided to Customer by MAF Background Screening prior to any such discontinuance.
16. MAF Background Screening will provide, and Customer will utilize, training and training materials to Customer in order for Customer to comply with the federal Fair Credit Reporting Act and with the policies and procedures required by MAF Background Screening' consumer reporting vendors.
17. 15 U.S.C. ?1681 et seq. also requires certain other responsibilities of Customers of consumer reports from consumer reporting agencies. Those responsibilities are attached (and made a part hereof) as Exhibit A to this Addendum. Customer acknowledges that it is not one of the businesses listed in Exhibit B attached hereto.
18. Customer understands and agrees that basic consumer credit information delivered to Customer by MAF Background Screening is obtained from Trans Union, Equifax Information Services, or Experian Information Solutions, each of which impose different conditions on the acquisition, use and disposal of such information. Customer agrees to abide by the terms and conditions of the attached Appendices A, B and C containing such conditions, which are explicitly made a part hereof. 19. Customer agrees that it will properly dispose of all consumer information. "Consumer Information", as used herein, shall mean any record (or compilation thereof) about an individual, whether in paper, electronic, or other form, that is a consumer report or is derived from a consumer report. Customer shall comply with all applicable state laws regarding consumer credit or consumer identity protection.
20. Customer shall pay all attorney fees, court costs, ADR fees and collection costs incurred by MAF Background Screening for collecting any delinquent account hereunder, whether or not litigation is instituted. In the event of any litigation or other action involving this Addendum, the prevailing party shall be paid reasonable attorney fees and court costs for trial, appeal, and/or bankruptcy or similar proceeding. In addition, any other recovery to which the prevailing party is entitled shall be paid. If client fails to pay as agreed MAF Background Screening has permission to send a draft for payment to Customer's bank. Customer agrees to pay for all additional services that may be requested through MAF Background Screening.
21. Each party to this Addendum is an independent contractor, and nothing contained in this Addendum may be construed as creating a joint venture, partnership, licensor-licensee, principal-agent or mutual agency relationship between or among the parties. No party, by virtue of this Addendum, has any right or power to create any obligation, express or implied, on behalf of any other party. No party, or employee of any party, will be deemed to be an employee of another party by virtue of this Addendum.
22. Customer and MAF Background Screening acknowledge and intend that this Addendum was entered into for the respective benefit of each of them and their respective successors and assigns, and, in consideration of their reporting information to MAF Background Screening, the third party benefit to Trans Union LLC, Equifax Information Services LLC and Experian Information Solutions Inc. Nothing in this Addendum will be construed as giving any other person, firm, corporation or other entity, other than the parties to this Addendum and their respective successors and permitted assigns and Trans Union LLC, Equifax Information Services LLC and Experian Information Solutions Inc., any right, remedy or claim under or in respect of this Addendum or any of its provisions.
23. Due to the special and unique purposes of this Addendum, neither this Addendum nor any rights or obligations in it are assignable by Customer without the prior written consent of MAF Background Screening. Consent will not be unreasonably withheld. Any dissolution, merger, consolidation or other reorganization of Customer, the sale or other transfer of all or substantially all of the assets or properties of Customer, or the sale or other transfer of a controlling percentage of the corporate stock of Customer, constitutes an assignment of this Addendum for all purposes of this paragraph. The term "controlling percentage," for the purpose of this paragraph, means the ownership of stock possessing, and of the right to exercise, at least fifty percent (50%) of the total combined voting power of any class or all classes of stock of such a party, issued, outstanding and entitled to vote for the election of directors, whether that ownership is direct or indirect.
24. Notwithstanding any provision to the contrary, no party to this Addendum will be liable to the other party for any delay or interruption in performance of any obligation resulting from governmental emergency orders, judicial or governmental action, emergency regulations, sabotage, riots, vandalism, labor strikes, or disputes, acts of God, fires, electrical failure, major computer hardware or software failures, equipment delivery delays, acts of third parties, or any other cause, if the delay or interruption in performance is beyond its reasonable control.
25. In the event any provision of this Addendum is held invalid or unenforceable by any court of competent jurisdiction, that holding will not invalidate or render unenforceable any other provision of this Addendum. 26. Failure of any party to enforce any of its respective rights or remedies hereunder with respect to any specific act or failure to act of any party will not constitute a waiver of the rights of that party to enforce those rights and remedies with respect to any other or subsequent act or failure to act.
27. This Addendum, including the Appendices and Exhibits hereto, which are expressly incorporated into it, constitutes the entire Addendum between the parties. No changes in this Addendum may be made except in writing signed by both parties.
28. 15 U.S.C. ?1681 ET SEQ. PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
29. This Addendum shall be governed by and construed under the laws of the State of __________________. (Select Below)
30. The person signing below on behalf of Customer certifies that he/she has direct knowledge of the facts herein and certifies that they have read, understand and will comply with all requirements as set forth in the MAF Background Screening Application for Services, Addendum A and all Exhibits and Appendices which are explicitly made a part hereof
Click here for Letter of Intent Sample Fair Credit Reporting Act
CLASSIC CREDIT RISK SCORE SERVICES (Required Terms for Addendum to Subscriber Agreement for Consumer Reports between Reseller and its Customer)
1. Based on an agreement with Trans Union LLC ("Trans Union") and Fair Isaac Corporation ("Fair Isaac") ("Reseller Agreement"), CRA has access to a unique and proprietary statistical credit scoring service jointly offered by Trans Union and Fair Isaac which evaluates certain information in the credit reports of individual consumers from Trans Union's data base ("Classic") and provides a score which rank orders consumers with respect to the relative likelihood that United States consumers will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring (the "Classic Score").
2. Customer, from time to time, may desire to obtain Classic Scores from Trans Union via an on-line mode in connection with consumer credit reports.
3. Customer has previously represented and now, again represents that it is a (Type of Business - Complete Below) _and has a permissible purpose for obtaining consumer reports, as defined by Section 604 of the Federal Fair Credit Reporting Act (15 USC 1681b) including, without limitation, all amendments thereto ("FCRA").
4. Customer certifies that it will request Classic Scores pursuant to procedures prescribed by CRA from time to time only for the permissible purpose certified above, and will use the Classic Scores obtained for no other purpose.
5. Customer will maintain copies of all written authorizations for a minimum of three (3) years from the date of inquiry.
6. Customer agrees that it shall use each Classic Score only for a one-time use and only in accordance with its permissible purpose under the FCRA.
7. With just cause, such as delinquency or violation of the terms of this contract or a legal requirement, CRA may, upon its election, discontinue serving the Customer and cancel this Agreement, in whole or in part (e.g., the services provided under this Addendum only) immediately.
8. Customer recognizes that factors other than the Classic Score may be considered in making a credit decision. Such other factors include, but are not limited to, the credit report, the individual account history, and economic factors.
9. Trans Union and Fair Isaac shall be deemed third party beneficiaries under this Addendum.
10. Up to five score reason codes, or if applicable, exclusion reasons, are provided to Customer with Classic Scores. These score reason codes are designed to indicate the reasons why the individual did not have a higher Classic Score, and may be disclosed to consumers as the reasons for taking adverse action, as required by the Equal Credit Opportunity Act ("ECOA") and its implementing Regulation ("Reg. B"). However, the Classic Score itself is proprietary to Fair Isaac, may not be used as the reason for adverse action under Reg. B and, accordingly, shall not be disclosed to credit applicants or any other third party, except: (1) to credit applicants in connection with approval/disapproval decisions in the context of bona fide credit extension transactions when accompanied with its corresponding score reason codes; or (2) as clearly required by law. Customer will not publicly disseminate any results of the validations or other reports derived from the Classic Scores without Fair Isaac and Trans Union's prior written consent
11. In the event Customer intends to provide Classic Scores to any agent, Customer may do so provided, however, that Customer first enters into a written agreement with such agent that is consistent with Customer's obligations under this Agreement. Moreover, such agreement between Customer and such agent shall contain the following obligations and acknowledgments of the agent: (1) Such agent shall utilize the Classic Scores for the sole benefit of Customer and shall not utilize the Classic Scores for any other purpose including for such agent's own purposes or benefit; (2) That the Classic Score is proprietary to Fair Isaac and, accordingly, shall not be disclosed to the credit applicant or any third party without Trans Union and Fair Isaac's prior written consent except (a) to credit applicants in connection with approval/disapproval decisions in the context of bona fide credit extension transactions when accompanied with its corresponding score reason codes; or (b) as clearly required by law; (3) Such Agent shall not use the Classic Scores for model development, model validation, model benchmarking, reverse engineering, or model calibration; (4) Such agent shall not resell the Classic Scores; and (5) Such agent shall not use the Classic Scores to create or maintain a database for itself or otherwise.
12. Customer acknowledges that the Classic Scores provided under this Agreement which utilize an individual's consumer credit information will result in an inquiry being added to the consumer's credit file.
13. Customer shall be responsible for compliance with all applicable federal or state legislation, regulations and judicial actions, as now or as may become effective including, but not limited to, the FCRA, the ECOA, and Reg. B, to which it is subject.
14. The information including, without limitation, the consumer credit data, used in providing Classic Scores under this Agreement were obtained from sources considered to be reliable. However, due to the possibilities of errors inherent in the procurement and compilation of data involving a large number of individuals, neither the accuracy nor completeness of such information is guaranteed. Moreover, in no event shall Trans Union, Fair Isaac, nor their officers, employees, affiliated companies or bureaus, independent contractors or agents be liable to Customer for any claim, injury or damage suffered directly or indirectly by Customer as a result of the inaccuracy or incompleteness of such information used in providing Classic Scores under this Agreement and/or as a result of Customer's use of Classic Scores and/or any other information or serviced provided under this Agreement.
15.1 Fair Isaac, the developer of Classic, warrants that the scoring algorithms as delivered to Trans Union and used in the computation of the Classic Score ("Models") are empirically derived from Trans Union's credit data and are a demonstrably and statistically sound method of rank-ordering candidate records with respect to the relative likelihood that United States consumers will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring when applied to the population for which they were developed, and that no scoring algorithm used by Classic uses a "prohibited basis" as that term is defined in the Equal Credit Opportunity Act (ECOA) and Regulation B promulgated thereunder. Classic provides a statistical evaluation of certain information in Trans Union's files on a particular individual, and the Classic Score indicates the relative likelihood that the consumer will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring relative to other individuals in Trans Union's database. The score may appear on a credit report for convenience only, but is not a part of the credit report nor does it add to the information in the report on which it is based.
15.2 THE WARRANTIES SET FORTH IN SECTION 15.1 ARE THE SOLE WARRANTIES MADE UNDER THIS ADDENDUM CONCERNING THE CLASSIC SCORES AND ANY OTHER DOCUMENTATION OR OTHER DELIVERABLES AND SERVICES PROVIDED UNDER THIS AGREEMENT; AND NEITHER FAIR ISAAC NOR TRANS UNION MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS AND SERVICES TO BE PROVIDED UNDER THIS AGREEMENT OTHER THAN AS SET FORTH IN THIS ADDENDUM. THE WARRANTIES AND REMEDIES SET FORTH IN SECTION 15.1 ARE IN LIEU OF ALL OTHERS, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT MIGHT BE IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE). THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
16. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES INCURRED BY THE OTHER PARTIES AND ARISING OUT OF THE PERFORMANCE 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 A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
17. THE FOREGOING NOTWITHSTANDING, WITH RESPECT TO CUSTOMER, IN NO EVENT SHALL THE AFORESTATED LIMITATIONS OF LIABILITY, SET FORTH ABOVE IN SECTION 16, APPLY TO DAMAGES INCURRED BY TRANS UNION AND/OR FAIR ISAAC AS A RESULT OF: (A) GOVERNMENTAL, REGULATORY OR JUDICIAL ACTION(S) PERTAINING TO VIOLATIONS OF THE FCRA AND/OR OTHER LAWS, REGULATIONS AND/OR JUDICIAL ACTIONS TO THE EXTENT SUCH DAMAGES RESULT FROM CUSTOMER'S BREACH, DIRECTLY OR THROUGH CUSTOMER'S AGENT(S), OF ITS OBLIGATIONS UNDER THIS AGREEMENT.
18. ADDITIONALLY, NEITHER TRANS UNION NOR FAIR ISAAC SHALL BE LIABLE FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS ADDENDUM BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. IN NO EVENT SHALL TRANS UNION'S AND FAIR ISAAC'S AGGREGATE TOTAL LIABILITY, IF ANY, UNDER THIS AGREEMENT, EXCEED THE AGGREGATE AMOUNT PAID, UNDER THIS ADDENDUM, BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH CLAIM, OR TEN THOUSAND DOLLARS ($10,000.00), WHICHEVER AMOUNT IS LESS.
19. This Addendum may be terminated automatically and without notice: (1) in the event of a breach of the provisions of this Addendum by Customer; (2) in the event the agreement(s) related to Classic between Trans Union, Fair Isaac and CRA are terminated or expire; (3) in the event the requirements of any law, regulation or judicial action are not met, (4) as a result of changes in laws, regulations or regulatory or judicial action, that the requirements of any law, regulation or judicial action will not be met; and/or (5) the use of the Classic Service is the subject of litigation or threatened litigation.
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