Terms of Service
Revised April 26th, 2023
Please read the following terms carefully before using any aspect of the TrueConfirm service. Your registration of a user account, logging in to the platform, or utilization of any TrueConfirm website or service constitutes your agreement to these terms and conditions of use. If you do not agree to these terms and conditions of use, you may not use the TrueConfirm service or website.
Acceptable Use Policy
When using the TrueConfirm service, platform, or site, you agree to:
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Not interrupt, deface, "reverse engineer," or modify our content or operations.
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Not attempt to probe, scan, or test the vulnerability of any system or network, breach any security or authentication measures, or use the TrueConfirm website in any way that could damage, disable, overburden, or impair it, or interfere with any other party's use of it.
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Not intentionally interfere with or damage the operation of the TrueConfirm website or any user's use of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
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Not remove, circumvent, disable, damage, or otherwise interfere with any security-related features, copy protection mechanisms, or access control mechanisms of the TrueConfirm website.
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Not attempt to gain unauthorized access to the TrueConfirm website, or any part of it, other accounts, computer systems, or networks connected to the TrueConfirm website, or any part of it, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the TrueConfirm website.
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Not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the TrueConfirm website.
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Not modify the TrueConfirm website or use modified versions of it for the purpose of obtaining unauthorized access to the TrueConfirm website.
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Not attempt to access or search the TrueConfirm website with any engine, software, tool, agent, device, or mechanism other than the search agents provided by TrueConfirm.
In summary, by using the TrueConfirm service, platform, or site, you agree to behave responsibly and respect the security, functionality, and intellectual property rights of the TrueConfirm website and its users.
User Account Terms and Conditions
When you create and use an account to access our services, you agree to provide accurate, current, and complete information about yourself as prompted during the registration process. It is prohibited to impersonate any person or entity, or to misrepresent your identity or affiliation with any person or entity, including the use of another person's username, password, or other account information. Additionally, you may not use another person's name, likeness, voice, image, or photograph. You must be at least 13 years old to use the Services.
If you fail to comply with these terms and conditions of use, or any special terms related to a particular service, we reserve the right to suspend or terminate your account and your ability to use our website, service, or any portion thereof at any time, for any reason whatsoever.
Confidentiality
You may be provided access to personal and confidential information from our platform regarding TrueConfirm, our employer clients, and their employees (consumers). You may use confidential Information only as needed to use the services as permitted under these terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that TrueConfirm, its clients or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to TrueConfirm and use reasonable efforts to limit the scope of disclosure.
Fair Credit Reporting Act (FCRA) Responsibilities
When utilizing the service to perform employment and income verifications, you understand that information from TrueConfirm may only be requested and utilized when evaluating a Consumer for credit, employment, promotion, reassignment, or retention as an employee. You may provide reports to end users only, who will not in any way distribute reports to any other third party. You will use the information on a one-time basis.
You certify that under FCRA section 607(a) you have a permissible purpose to obtain information from TrueConfirm or have taken steps to verify the identity and permissible purpose of the end user of the information. You specifically affirm that in accordance with the FCRA that you have entered into the following required certifications with the end user:
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The end user guarantees it will not sell, or in any way distribute reports to third parties.
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You made a clear and conspicuous disclosure to the employee or applicant ("consumer") in a separate document that a consumer report or investigative report may be requested before the report is obtained.
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You obtained written permission from the consumer authorizing procurement of the consumer report or investigative consumer report before any reports are ordered, and maintain such permission on file for a minimum of six years from the date of inquiry.
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That when an investigative consumer report is sought, the end user will disclose that an investigative consumer report including information as to the consumer's character, general reputation, personal characteristics and mode of living has been requested. This disclosure will be in writing and made not later than three days after the date on which the report was first requested. The disclosure will also include a statement informing the consumer of his or her right to request additional disclosures and will include a copy of the summary of rights of the consumer.
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When a consumer makes a written request for additional disclosure of information about the investigative consumer report he or she may be the subject of within a reasonable time after receiving the initial disclosure, make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure will be made in writing, mailed to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is later.
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Prior to taking any adverse employment action cause to be sent to the consumer a copy of the report which would serve as the basis for adverse employment action along with a copy of a document prepared by the Consumer Financial Protection Bureau (CFPB) called "Summary of Consumer Rights Under the FCRA.".
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You will not use information from any consumer report or investigative consumer report in violation of any applicable federal or state equal employment opportunity law or regulation and will only be used for employment purposes and credit checking purposes.
Vermont Fair Credit Reporting Certification
The user acknowledges that it subscribes to receive various information from TrueConfirm in accordance with the Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999), as amended (the “VFCRA”) and the Federal Fair Credit Reporting Act, 15, U.S.C. 1681 et. Seq., as amended (the “FCRA”) and its other state law counterparts. In connection with continued use of TrueConfirm information services in relation to Vermont consumers, user hereby certify as follows:
User certifies that it will comply with applicable provisions under Vermont law. In particular, user certifies that it will order information services relating to Vermont residents, that are credit reports as defined by the VFCRA, only after user has received prior consumer consent in accordance with VFCRA § 2480e and applicable Vermont Rules. User further certifies that the attached copy of § 2480e of the Vermont Fair Credit Reporting Statute was received from TrueConfirm.
Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999)
§ 2480e. Consumer consent
(a) A person shall not obtain the credit report of a consumer unless:
(1) the report is obtained in response to the order of a court having jurisdiction to issue such an order; or
(2) the person has secured the consent of the consumer, and the report is used for the purpose consented to by the consumer.
(b) Credit reporting agencies shall adopt reasonable procedures to assure maximum possible compliance with subsection (a) of this section.
(c) Nothing in this section shall be construed to affect:
(1) the ability of a person who has secured the consent of the consumer pursuant to subdivision (a)(2) of this section to include in his or her request to the consumer permission to also obtain credit reports, in connection with the same transaction or extension of credit, for the purpose of reviewing the account, increasing the credit line on the account, for the purpose of taking collection action on the account, or for other legitimate purposes associated with the account; and
(2) the use of credit information for the purpose of prescreening, as defined and permitted from time to time by the Consumer Financial Protection Bureau.
VERMONT RULES *** CURRENT THROUGH JUNE 1999 ***
AGENCY 06. OFFICE OF THE ATTORNEY GENERAL
SUB-AGENCY 031. CONSUMER PROTECTION DIVISION
CHAPTER 012. Consumer Fraud--Fair Credit Reporting
RULE CF 112 FAIR CREDIT REPORTING
CVR 06-031-012, CF 112.03 (1999)
CF 112.03 CONSUMER CONSENT
(a) A person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing if the consumer has made a written application or written request for credit, insurance, employment, housing or governmental benefit. If the consumer has applied for or requested credit, insurance, employment, housing or governmental benefit in a manner other than in writing, then the person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing or in the same manner in which the consumer made the application or request. The terms of this rule apply whether the consumer or the person required to obtain consumer consent initiates the transaction.
(b) Consumer consent required pursuant to 9 V.S.A. §§ 2480e and 2480g shall be deemed to have been obtained in writing if, after a clear and adequate written disclosure of the circumstances under which a credit report or credit reports may be obtained and the purposes for which the credit report or credit reports may be obtained, the consumer indicates his or her consent by providing his or her signature.
(c) The fact that a clear and adequate written consent form is signed by the consumer after the consumer's credit report has been obtained pursuant to some other form of consent shall not affect the validity of the earlier consent.
Payments
You represent and warrant that if you are purchasing something from us that any payment or credit card information you supply is true and complete, charges incurred by you will be honored by your credit card company, and that you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Availability
The availability of the service is not guaranteed. We make every effort to ensure that the platform functions as intended and remain available to our customers, but due to the nature of Internet communication, interruptions or errors may occur. We cannot guarantee uninterrupted or error-free operation of the service. We will make all reasonable efforts to maintain service operation. Should you encounter any system error or other issues with the service, please notify us, and we will make reasonable efforts to correct the problem. We do not offer any monetary compensation for system errors.
Warranties
This site, platform, and any services provided under these terms of use are provided "as is" and "as available" without warranty of any kind, to the maximum extent permitted by law. TrueConfirm does not make any warranties, whether express, implied, or statutory, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty, guarantee, or representation regarding the use, or the results of the use of the site, platform, or any services. TrueConfirm does not warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information, products, or services on this platform.
Limitation of Liability
TrueConfirm will not be liable to any party for any damages of any kind, including but not limited to direct, indirect, special, or consequential damages, arising out of the use or inability to use this service, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs, or other data, whether in contract, negligence, or other tortious action.
Indemnification
You agree to indemnify and hold TrueConfirm, its affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all claims, damages, expenses, losses, and liabilities, including reasonable attorneys' fees and court costs, arising from your use of this platform or any information contained on this Site.
Intellectual Property
TrueConfirm and its affiliated products and services, trademarks, and service marks are registered by True Employer Solutions LLC. Collectively or individually, we retain ownership of all intellectual property rights in the Services and this Site or have rights through our licensors, including without limitation any information, names, titles, materials, text, graphics, images, logos, designs, site design, and the selection, assembly, and arrangement of the Site ("Content"). No part of TrueConfirm's site, content, or output may be reproduced, modified, or distributed in any form or manner without the prior written permission of True Employer Solutions LLC. Mention of other products and company names on the site does not constitute endorsement or ownership by True Employer Solutions LLC, and such products and company names may be the trademarks of their respective owners.
External Content and Links
This Site may include links, content, or other references to third-party Internet sites that are not owned or operated by TrueConfirm. You acknowledge and agree that you are solely responsible for reviewing and understanding the terms and conditions of any third-party Internet site and services that you access through such links. TrueConfirm provides links to such websites for your convenience only and does not endorse, adopt, or assume any responsibility for the content, accuracy, or use of such websites. You access such websites at your own risk.
Governing Law and Jurisdiction
These Terms of Service and your use of this site shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding arising under these Terms of Service or related to your use of the site shall be brought exclusively in the state or federal courts located in Denver, Colorado, and you hereby consent to personal jurisdiction and venue in such courts.
Amendments
TrueConfirm reserves the right to change any part of the terms and conditions of our service, as well as the products or services offered through it, at any time. Such changes will take effect immediately upon posting on this site. It is your responsibility to periodically review this page and remain informed of any such changes. Your continued use of the platform will constitute your acceptance of the posted Terms of Service.
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