GoodHire is a consumer reporting agency (“CRA”) and, among other services, GoodHire provides consumer reports and investigative consumer reports (collectively, "Screening Reports") as defined by the Fair Credit Reporting Act ("FCRA") and applicable state laws. In utilizing GoodHire’s business services, you are considered a “user” of consumer reports and/or investigative consumer reports under the FCRA and applicable state law. GoodHire will furnish User with Screening Reports for employment or other legally permissible purposes conditioned upon said User’s compliance with this Agreement and fulfillment of all of its obligations (including payment) under this Agreement.
To use the Site, you need to create an account (“Account”). To be eligible to create an Account, User must be employed by a legal business entity verifiable by GoodHire and are authorized to enter into this agreement with GoodHire. When you set up your account, you will be required to create login credentials by providing certain types of personal information (“Login Credentials”).
We reserve the right to terminate any username and password, which we reasonably determine may have been used by an unauthorized third party. For your protection and to protect the privacy of those individuals on whom you seek to obtain Screening Reports, you will be required to authenticate your identity, including by providing your Login Credentials each time you request access to Screening Reports. In addition, for extra security, when you access Your Account using your Login Credentials, you are issued a “token” that identifies you. These tokens automatically expire after a predetermined amount of time and you will be required to re-authenticate your identity using your Login Credentials once a token has expired before you may access the related Screening Reports.
ANY USE OR ACCESS TO THE WEBSITE BY ANYONE NOT EMPLOYED BY AND REPRESENT A LEGAL BUSINESS ENTITY IS STRICTLY PROHIBITED.
When you purchase a Screening Report, you agree to pay using a valid payment method as indicated during registration (“Payment Method”), which will be charged at the time of your Purchase. You agree to provide us with accurate payment information and that we may store and use your Payment Method for use in billing future authorized purchases. We may use a third-party processor to process your Purchase, in which case the terms of your Purchase, such as refunds, payments, or customer service (“Third Party Terms”), may be governed by a third party seller, such as ClickBank. You are responsible for reading and understanding such Third Party Terms prior to making a Purchase. We reserve the right to suspend use of the Site without notice if your Payment Method is declined or is identified by our payment processor or by any Fraud Protection Method as being fraudulent or if you become delinquent in any payment obligation with us.
As between GoodHire and you, all text, content and documents on the Site, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Site, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the “Content”) are owned by GoodHire and its affiliates, or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark and other intellectual property and proprietary rights laws.
As between GoodHire and you, all rights, title and interest in and to the Content will at all times remain with GoodHire and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Site, are registered and/or common law trade names, trademarks or service marks of GoodHire or the applicable Owner. GoodHire reserves all other rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under GoodHire’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.
When your business makes a Purchase, you agree to the following restrictions:
a) Provide GoodHire with relevant information to verify that you represent a legal business entity
b) You are responsible for identifying and complying with the FCRA and all applicable Laws in connection with the procurement and use of Screening Reports. You shall also review the Consumer Financial Protection Bureau (“CFPB”)’s “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA” attached as Exhibit A.
c) Agree to procure and use Screening Reports only for legally permissible purposes in order to evaluate a consumer for:
d) Base all of your evaluation and eligibility decisions and related actions on your policies and procedures and not rely on GoodHire for (nor shall GoodHire render) legal advice regarding said decisions. Any consultation, training and sample forms which may be provided by GoodHire shall be provided for informational purposes, and GoodHire shall not be deemed to be providing legal advice. GoodHire advises representatives of business entities to consult experienced counsel to ensure compliant procurement and use of Screening Reports in connection with their particular screening program.
e) Ensure that prior to the procurement of a Screening Report for employment purposes: (i) you have made a clear and conspicuous disclosure in writing to the Applicant, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes (and for California Applicants, the disclosure includes the name, address and telephone number of GoodHire, the nature and scope of the investigation requested, a summary of the provisions of Ca. Civil Code §1786.22, and otherwise complies with Ca. Civil Code §1786.16); and (ii) the Applicant has authorized in writing the your procurement of the Screening Report (and for California Applicants, you have provided the Applicant, by means of a check box, an option by which the Applicant may indicate on their written consent form that the Applicant wishes to receive a copy of any Screening Report that is prepared).
f) In using a Screening Report for employment purposes, before taking any adverse action based in whole or in part on the Screening Report, you shall provide to the Applicant to whom the Screening Report relates: (i) a copy of the Screening Report; and (ii) a description in writing of the rights of the Applicant under the FCRA, as prescribed by the Federal Trade Commission under FCRA §609(c)(3) (the “Summary of Consumer Rights”), and any other notices required by applicable law.
g) After providing the Applicant with the pre-adverse action disclosure described in the above paragraph, and after you have given the Applicant reasonable time to dispute the information contained in their Screening Report, you will, if intending to take adverse action, send the Applicant a follow-up notification that the Company is taking adverse action (e.g., denying employment or promotion) based in whole or in part on the information contained in the Screening Report.
h) Maintain records as required by law and maintain reasonable and appropriate physical, technical and administrative measures to protect against unauthorized access to and /or misuse of Screening Reports.
i) Agree to provide access to view Screening Reports on the Site only to Company employees, agents, and representatives who agree to comply with Company’s obligations under the law and this Agreement.
j) Secure hard copies and electronic files of Screening Reports within your facility so that only authorized personnel can access them.
k) Shred or otherwise permanently destroy all hard copy Screening Reports when no longer needed and when applicable regulation(s) permit destruction, to prevent the unauthorized access to and/or use of applicant/employee data and/or any other personally identifiable information of applicants/employees.
l) Erase and overwrite or scramble electronic files containing Screening Reports and Applicant information when no longer needed and when applicable regulation(s) permit destruction, to prevent the unauthorized access to and/or use of applicant/employee data and/or any other personally identifiable information of applicants/employees.
m) You shall use the Screening Reports solely as an end user. You are prohibited from copying, retransmitting, modifying, disseminating, reselling, broadcasting, circulating, or otherwise distributing, in whole or in part, any Screening Reports furnished by GoodHire.
n) If you reside in, or are seeking work in any of the following states, please review these additional notices:
California: You have the right to view your file that a Consumer Reporting Agency holds. By providing proper identification and duplication cost, you may obtain a copy of this information in person at the Consumer Reporting Agency’s regular business hours and after providing reasonable notice for your request. Additionally, you can make the same request via mail or over request a summary of the file over the phone. The Consumer Reporting Agency can assist you in understanding your file, including coded information. You are allowed to have one additional person accompany you so long as they provide proper identification.
Maine: You have the right to ask and know whether a company ordered a background check on you. You can request the name, address, and telephone number of the nearest Consumer Reporting Agency office. Your request will be processed and sent to you in 5 business days.
Massachusetts: You have the right to obtain a copy of any of your consumer reports that your company has ordered on you by contacting the Consumer Reporting Agency for a free copy.
New York: By submitting a written request, you can learn whether a company has run a background check on you. You are allowed to inspect and order a copy of the report by directly contacting the Consumer Reporting Agency. If you have been convicted of one or more criminal offenses, you can request the company to provide a written statement declaring the reasons for the refusal of hire. This statement must be provided to you within 30 days of your request.
Washington State: After submitting a written request and waiting a reasonable amount of time after receiving the disclosure, you have the right to receive a complete and accurate disclosure of the nature and scope of any “investigative” consumer reports requested by an agency. The Washington Fair Credit Reporting Act requires Consumer Reporting Agencies to provide you a summary of your rights and remedies upon request. Any information requested by a company that deals with credit worthiness, credit standing or capacity is justified in order for employers to evaluate whether you present a risk for theft or dishonest behavior for the job you are being considered for.
By using the Site, you agree and acknowledge that it is hosted in the United States. You are specifically prohibited from attempting to access the Site from a physical location outside of the United States. By using the Site, you consent to the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and (c) the exclusive jurisdiction of the courts of the United States and the State of California
DISCLAIMER OF WARRANTIES. Screening Reports and other information in the GoodHire databases have been compiled from public records and other proprietary sources for the specific purposes of providing background information and therefore such information is obtained by GoodHire, and reported to Company, "AS IS". Neither GoodHire nor any of its suppliers represents or warrants that the information from such records is complete or accurate; however, GoodHire represents and warrants that it will accurately report the information as provided by such sources. GoodHire HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY DATA, INFORMATION OR SCREENING REPORT, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY IMPLIED INDEMNITIES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN GOODHIRE HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOODHIRE, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, GOODHIRE DOES NOT MAKE ANY WARRANTIES THAT THE SCREENING REPORTS, THE SITE, OR ANY FEATURES OR FUNCTIONALITY OF THE SITE, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE SITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, COMPLETE, ACCURATE, OR RELIABLE. GOODHIRE RESERVES THE RIGHT TO CHANGE ANY PART OF THE SITE AT ANYTIME WITHOUT NOTICE.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER GOODHIRE, ITS AFFILIATES, ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, NOR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF ANY DATA, INFORMATION OR SCREENING REPORTS WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY SCREENING REPORT OR OTHER INFORMATION AVAILABLE ON THE SITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF GOODHIRE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST GOODHIRE, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF GOODHIRE AND ITS AFFILIATES SHALL NOT EXCEED THE LESSER OF THE COST OF THE SCREENING REPORT ORDERED OR ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
You hereby agree to defend, indemnify and hold harmless GoodHire, its owners, parents, subsidiaries, and/or affiliates, and its and their respective officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) based upon any material breach of this Agreement by Company, including but not limited to: (a) illegal or wrongful use or obtaining of any Screening Report (b) Company's gross negligence or intentional wrongdoing in connection with the use or obtaining of the Screening Report (c) Company's failure to comply with its obligations under the FCRA or other applicable state or local laws.
This defense and indemnification obligation will survive these Terms and your use of the Site.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GoodHire without restriction.
If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in these Terms. Continued use of the Website constitutes your agreement to these Terms as in effect.
GoodHire’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
GoodHire may cancel, suspend or block your use of the Site and terminate your Account without notice if there has been a suspected violation of these Terms. GoodHire is not responsible or liable for any information that is made unavailable to you as a result of termination of your Account. YOU AGREE THAT GOODHIRE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCOUNT. Any limitations on liability or other provisions of these Terms that favor GoodHire will survive the expiration or termination of these Terms for any reason.
Your affirmative act of using the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with GoodHire electronically. You also agree that GoodHire may send any privacy or other notices, in electronic form to the e-mail address that you provided during registration, or by posting on the Website. The delivery of any Notice is effective when sent by GoodHire, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Last Updated June 28, 2016
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE GOODHIRE.
1.1 Eligibility for Use
You represent and warrant that you are at least 18 years of age, of legal competence to enter into this agreement, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to deny, in our sole discretion, any access or use of the Services without notice for any or no reason.
1.2 Accounts and Logins
You represent and warrant that all information you provide in connection with the creation of an account with GoodHire (“Account”) is accurate and true. You agree that, if any information changes, you will update your Account to maintain accurate information.
When you create an Account, you must also create a Login and Password. You agree that you will not distribute your Login or Password to any other person, and you understand that you cannot authorize any other person to use your Account. You agree that you will not transfer, sub-license, sell, or assign your rights in your Account to any other person.
1.3 Passwords and Unauthorized Use
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. GoodHire cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
If you believe that a third party has gained access to your Account, you agree to notify us promptly by sending an email to email@example.com. Failure to do so may result in your account being suspended without prior notice.
1.5 Payment Policy
When you purchase a consumer report, you agree to pay using a valid payment method as indicated during registration (“Payment Method”), which will be charged at the time of your Purchase. You agree to provide us with accurate payment information and that we may store and use your Payment Method for use in billing future authorized purchases. We may use a third-party processor to process your Purchase, in which case the terms of your Purchase, such as refunds, payments, or customer service (“Third Party Terms”), may be governed by a third party seller. You are responsible for reading and understanding such Third Party Terms prior to making a Purchase. We reserve the right to suspend use of the Site without notice if your Payment Method is declined or is identified by our payment processor or by any Fraud Protection Method as being fraudulent or if you become delinquent in any payment obligation with us.
1.6 Communications from GoodHire
Once you create an Account or otherwise provide your email address to us, you may, from time to time, receive email communications from us about your account, as well as occasional marketing emails. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided within the email. Please allow up to 10 days for your marketing communication preferences to fully take effect within our systems.
1.7 California Consumer Disclosures
Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254. The Services are provided by GoodHire, LLC., P.O. Box 391403, Omaha, NE 68139.
2.1 Limited License
Subject to these Terms, we grant you a limited, revocable, nontransferable, nonexclusive license to access and use our Services. You agree that you will not copy, display, distribute, or resell any part of the Content or Services, in any medium, without GoodHire’s prior written consent. To the extent any component of the Content or Services may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms.
2.2 Restrictions on Access
You may not access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by GoodHire (and only pursuant to these Terms), without our express prior written consent.
2.3 No Scraping or Unauthorized Access
You may not do any of the following while accessing or using the Services:
You agree to adhere to the following:
4.1 FCRA Written Instructions
You acknowledge that you are providing us with “written instructions” authorizing us to obtain your consumer report pursuant to the Fair Credit Reporting Act (“FCRA”). You further acknowledge that if you utilize GoodHire’s report sharing feature to provide your consumer report with a third party, you are providing additional “written instructions” to GoodHire to furnish your report to that party.
4.2 Your Rights Under The FCRA
You acknowledge receipt of the document titled A Summary of Your Rights Under The FCRA. You further acknowledge that you have the right to dispute the contents of the consumer report we compile for you, and can do so by submitting a Consumer Dispute Form to firstname.lastname@example.org
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable (directly or indirectly) for the availability of such websites or resources; the content, advertising, products, or services on or available from such websites or resources; or any damage, loss, claim, or complaint caused by, arising from, or in connection with your use of or reliance on any such content, advertising, products, or services available on or through any such website or resource.
Links to such websites or resources do not imply any endorsement by GoodHire of such websites or resources or the content, advertising, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
All right, title, interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of GoodHire and its licensors. GoodHire is the exclusive owner of trademark rights in the GOODHIRE mark. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the GoodHire name or any of the GoodHire trademarks, logos, domain names, and other distinctive brand features, in whole or in part, except as expressly authorized by GoodHire. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the Content displayed or used on GoodHire, framing Content from GoodHire, or creating any unauthorized derivative work.
We use third-party trademarks on GoodHire to identify the owners of these marks. Use of any third-party trademark is intended only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and GoodHire.
Any feedback, comments, or suggestions you may provide regarding GoodHire or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
We respect the intellectual property rights of others and expect users of the Services to do the same. We respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: DMCA Designated Agent
555 Twin Dolphin Drive, Suite 200
Redwood City, CA 94065
If you believe that your Content has been infringed in any way by GoodHire, please provide a detailed description of the alleged infringement via email to email@example.com for further investigation. Our receiving, investigation, or responding to your claim of alleged infringement shall not constitute our agreement or verification of your claim(s) nor any admission of liability therefor. We make no commitment, covenant, promise, warranty, representation, or guarantee that we will receive, review, investigate, or respond to your claim within any particular period of time.
8.1 Disclaimer of Warranty
YOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING ON RELIANCE ON INFORMATION FROM GOODHIRE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING COMPUTER VIRUSES) EVEN IF THE COMPANY HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, THE COMPANY PROVIDES GOODHIRE, THE SERVICES, THE CONTENT, AND THE INFORMATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
NO INFORMATION OR ADVICE PROVIDED ON GOODHIRE, BY THE COMPANY, OR BY THE COMPANY’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
GOODHIRE’S SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. GOODHIRE WILL MAINTAIN AND FOLLOW REASONABLE PROCEDURES TO ASSURE THE MAXIMUM POSSIBLE ACCURACY OF THE INFORMATION CONTAINED IN EACH CONSUMER REPORT, AND GOODHIRE WILL RE-VERIFY ANY DISPUTED CONSUMER REPORT WHEN YOU MAKE A REQUEST IN ACCORDANCE WITH APPLICABLE LAWS. YOU ACKNOWLEDGE, HOWEVER, THAT GOODHIRE CANNOT BE AN INSURER OF, AND CANNOT GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF, THE INFORMATION PROVIDED BECAUSE SUCH INFORMATION IS SUBJECT TO HUMAN ERROR AND OBTAINED FROM PUBLIC RECORDS AND OTHER THIRD PARTY SOURCES THAT ARE NOT UNDER THE CONTROL OF GOODHIRE AND MAY NOT ALWAYS BE ACCURATE, VALID OR COMPLETE.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold GoodHire, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms or your use of the Services.
We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify GoodHire. You shall not settle any dispute subject to your indemnification under these Terms without written consent from GoodHire.
9.1 Controlling Law and Jurisdiction
These Terms will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. You and GoodHire irrevocably agree to submit to the personal jurisdiction of, and to bring any claim, action, or proceeding in, the federal court in the Northern District of California or in state court in Santa Clara County, California.
9.2 Waiver, Severability, and Assignment
GoodHire's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. GoodHire may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
9.3 Changes to the Service
We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Services, the Content, and any part thereof without notice to you. GoodHire shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.
9.4 Term and Termination
These Terms will remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. We can suspend or terminate your access to or use of the Services, in whole or in part, at any time, immediately and without notice. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 4, 6, 8, and 9.
Nothing in this section shall affect GoodHire’s right to change, limit, or stop the provision of the Services without prior notice, as provided above in section 9.3.
The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.
9.6 Modifications to Terms
From time to time, and in our sole discretion, we may revise these Terms. If the revision, in our sole discretion, is material we will notify you via an email sent to the email address associated with your account, or by means of a notice posted on GoodHire. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
For contractual purposes, you consent to receive communications from us electronically, and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
9.8 Entire Agreement
Last Updated: June 28, 2016