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TERMS AND CONDITIONS


These Terms and Conditions (“Terms and Conditions” or “User Agreement”) govern your (hereinafter “User”) use of this website, www.SmartStartEmploymentScreeningInc.com or www.SSESI.com (hereinafter “the website”) and all dealings with SmartStart Employment Screening Inc. and its affiliated companies, third party service providers, general partners, directors, officers, agents, employees and independent contractors (collectively hereinafter “SmartStart”). This Agreement is effective upon acceptance in registration for new registering users. User must read, agree with and accept all of the terms and conditions contained in this User Agreement. SmartStart may amend this Agreement at any time by posting the amended terms of the website and notice of such amendments to User. User agrees to be bound by any such amended terms.


1. Registration
When registering as a customer of SmartStart, User agrees to provide true, accurate and current information about User. User will not use any alias, pseudonym, assumed name, or any name other than User’s own when registering for services. Use of any alias, pseudonym, assumed name, or any name other than User’s own shall not affect any rights or abilities of SmartStart to bring any action or lawsuit of any kind against User under User true name or any such names utilized by User. By registering, User certifies that User is 18 years of age or older. If any information provided by User is untrue, inaccurate or not current, or if SmartStart has any reason to suspect that the information is untrue, inaccurate or not current, SmartStart may, at its sole discretion, suspend and/or terminate User’s use of this website. User also agrees that SmartStart will not be liable to User or any third party if SmartStart suspends or terminates User’s ability to access the website.


2. Services, PaymentRefunds
User has read the description of the services provided through the website. SmartStart reserves the right to change prices, add or delete services, and change characteristics of each service at any time, from time to time, and without notice. If User would like to be invoiced, User’s registration will be reviewed by SmartStart. User also agrees and acknowledges that User’s invoice MAY be e-mailed to the email address listed under “Bill To:” each month. User agrees to pay for responses returned from queries of “Searches” even if said responses include zero records.
If User has established SmartStart credit, User will be required to pay the balance within 30 days of receipt of the invoice. A 1.5% carrying charge will be added each 30 days thereafter, and services may be terminated at the option of SmartStart for balances over 30 days. If payment is not received within 45 days of invoice, User’s account may be closed pending full payment. If full payment is not received before the next statement is generated, a $10 late charge will be added to each following invoice and collection procedures may be started. Checks returned due to insufficient funds will incur a $25.00 service charge.

SmartStart agrees to honor the price of its services and indicated in any active quote without any increases to the base price of provided quote during the term of its agreement.

User understands and agrees that if User is receiving a discount for term or volume commitment and would like to cancel such plan or services, User may be responsible for repayment of discounts, and User must give SmartStart notice by emailing a cancellation notice to service@ssesi.com or sending a request regular mail to the following:

SmartStart Employment Screening Inc.
29399 US 19 N – Suite 280
Clearwater, FL 33761

A 30 day written notice must be provided to the account manager to terminate this or any other agreement with SmartStart.                   

Once services have been rendered or initiated there will be NO REFUNDS.

3. User Obligations
By registering, User agrees that any and all information and services requested or obtained through SmartStart will not be used to cause any harm, emotional, physical or otherwise, to any other person. Accordingly, the information and services User requests and obtains may not be used to harass, stalk, or otherwise infringe on another’s privacy. Information and services requested and obtained may not be used to promote illegal activities. Information and services may only be requested by and about persons over 18 years of age. User will not seek information about public figures.

User certifies that all services and information requested or obtained from SmartStart will comply with all applicable local, state, federal or international laws, including all applicable provisions of the Fair Credit Reporting Act, the Drivers Privacy Protection Act, and the American with Disabilities Act.

Nothing contained herein should be construed as legal advice. SmartStart cannot offer legal advice on how to use the information obtained through the website and SmartStart is not responsible for any action taken by User based on this information. Users should consult an attorney in User’s area for further information.

4. Conditions of Use
The information obtained from this website must be used in compliance with the Fair Credit Reporting Act and any other applicable laws. User agrees that User will abide by the federal Fair Credit Reporting Act and any additional requirements that may be imposed by User’s state laws. An overview of the Fair Credit Reporting Act is available at http://www.ftc.gov/os/statutes/2user.htm, and User agrees to review this information and maintain compliance.

By using this website, User agrees that any information obtained from SmartStart is for a “permissible purpose” as defined in the Fair Credit Reporting Act. Permissible purposes, by example, include use in accordance with written instruction from the consumer to whom the reports relates and use by a person in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer. Other permissible purposes are defined in 15 USCS § 1681b.

The term "employment purposes" means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. User certifies that information and services may be requested from SmartStart for employment purposes only after:

  1. A clear and accurate written disclosure has been provided to the consumer which provides that a consumer report may be obtained for employment purposes;
  2. The consumer authorizes in writing that such information be obtained for that purpose;
  3. User agrees that all information obtained from this website will not be used in violation of any applicable Federal and State equal employment opportunity law or regulation; and
  4. If any adverse action, such as any business, credit, and employment actions affecting a consumer that may be considered to have a negative impact, is to be taken based on the information obtained, a copy of such information and a summary of the consumer’s rights will be provided to the consumer.

If User requests an Investigative Consumer Report (a report containing information about a consumer’s character, general reputation, personal characteristic or mode of living obtained through personal interviews), User agrees to:

  1. Provide a clear and accurate written disclosure to the consumer that an investigative consume report may be made;
  2. Inform the consumer of his or her right to request additional disclosures of the nature and scope of the investigation and the summary of consumer rights requested by Section 609 of the FCRA;
  3. Upon the written request of a consumer made within a reasonable period of time after the disclosure required above, make a complete disclosure of the nature and scope of the investigation requested (which must be delivered to the consumer no later than five days after the date on which the request was received); and
  4. If any adverse action, such as any business, credit, and employment actions affecting a consumer that may be considered to have a negative impact, is to be taken based on the information obtained, a copy of such information and a summary of the consumer’s rights will be provided to the consumer.


All information, including information obtained regarding a persons motor vehicle record will be used for a “permissible purpose” as defined in the Fair Credit Reporting Act. In addition, User will at all times comply with the Driver Privacy Protection Act, 123 USC 2721. Before requesting information regarding a motor vehicle record, User agrees to obtain a clear and legible copy of a signed written consent to release information on the driver. This release must be received bySmartStart before information related to a person motor vehicle record may be released. Access to this information is limited further by state law and may not be available in all instances.

Further, the Fair Credit Reporting Act prohibits SmartStart from providing consume reports that contain medical information for employment purposes, or in connection with credit or insurance transactions, without the specific prior consent of the consumer who is the subject of the report. In the case of medical information being sought for employment purposes, the consumer must explicitly consent to the release of the medical information in addition to authorizing the obtaining of a consumer report generally. In these instances, User agrees to obtain the proper authorization from the consumer before requesting services from SmartStart. In addition, User at all times agrees to comply with the Americans with Disabilities Act with regard to any medical information or workers compensation records.

If SmartStart has a reasonable belief that information obtained through the website will not be used for a “permissible purpose”, SmartStart will not issue such information and may terminate any dealings with the User requesting such information. SmartStart will not be liable to User or any third party if SmartStart terminates User’s use of the website.

Many states including California, Colorado, Georgia, Maine, Maryland, Massachusetts, New Jersey, Vermont and others may have stricter requirements than those required under the federal Fair Credit Reporting Act. If User lives in any state which has an applicable state Fair Credit Reporting Act, User agrees to abide by the terms of User’s state laws.

Any person that violates any of the provisions of the Fair Credit Reporting Act may be liable for a civil penalty of not more than $2,500 per violation under Section 621(a)(2)(a) of the Act. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution.

SmartStart and User will at all times comply with the Fair Credit Reporting Act.

5. Comments
User will have an opportunity to post reviews, comments, and/or submit suggestions, ideas, questions or other information regarding businesses and entities who advertise on the website. The feedback will be displayed and made available for both the business and other visitors to the website. User agrees that all comments posted will be factual in nature and will not be posted for any inappropriate purpose or reason. User also agrees that the content of such posting is not illegal, obscene, threatening, defamatory, invasive or privacy, infringing of intellectual property rights, or otherwise injurious to third parties. Any content posted may not involve the transmission of “junk mail”, “spam” or unsolicited mass mailing, nor may posted content contain links to third-party websites.

User is solely responsible for the information that User posts on the website. SmartStart will not be responsible in any way for content which is posted on the website as SmartStart does not endorse nor does SmartStart have any control over such content. Such content does not necessarily reflect the opinions or policies of SmartStart. SmartStart is not responsible for any incorrect or inaccurate content posted on the website. User agrees to comply with all applicable laws when leaving feedback.

User is solely responsible for any disputes with any other members, third parties, businesses, visitors, etc. regardless of whether such disputes arise due to interactions through the website or otherwise.

6. Warranties
Recognizing that information obtained through the website is secured from and processed by fallible sources (human and otherwise) and that although SmartStart shall exercise reasonable efforts to furnish to User accurate information, User acknowledges that all data and information provided and/or sold to User under this agreement are purchased “as is”. Therefore, SmartStart hereby disclaims any assurance or guaranty regarding the correctness, completeness, or currentness of any information. SmartStart does not make any warranties of any kind, whether expressed or implied, for its services. SmartStart also disclaims any warranty of merchantability or fitness for a particular purpose. SmartStart will not be responsible for any damage or harm User suffers from use of this website. SmartStart cannot guarantee the accuracy of any information obtained.

The security of transmissions over the Internet cannot be guaranteed. SmartStart is not responsible for User’s access to the Internet, interception or interruption of communications through the Internet, or change to or losses of data.

7. Limitation of Liability
In no event shall SmartStart be liable to User or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from User use of the website. Notwithstanding anything to the contrary contained herein, SmartStart’s liability to User for any cause whatsoever, whether based on contract, warranty, negligence or otherwise, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by User to SmartStart for the services provided.

8. Indemnification
Both parties agrees to indemnify and hold each other harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of each parties use of the website in violation of this User Agreement and/or arising from a breach of this User Agreement and/or any content that User posts on the website or through such services requested by User, causes SmartStart to be liable to another.

9. Applicable Law
By visiting the website, User agrees that the laws of the state of Florida, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between User and SmartStart. Venue shall be in Pinellas County, Florida. User agrees to personal jurisdiction and venue in such state and county.

10. Miscellaneous
SmartStart is not owned, operated, or affiliated with any government agency. SmartStart specifically disclaims and all connection with any state bureau, division, Department of Motor Vehicles, or any state or federal government agency.

SmartStart is not a licensed private investigator, and does not engage in any activities for which a license is required.

User agrees to use the information obtained through the website for User’s exclusive use unless User has obtained written permission from SmartStart to the contrary. User will not reproduce, duplicate, copy, sell, resell or exploit for any purpose, any information obtained through the website. In cases where User provides a third party with information obtained through this website, User will also provide all such third parties with the prescribed notice of their duties as a user of a consumer report under the Fair Credit Reporting Act. This notice is available at http://www.ftc.gov/os/statutes/2user.htm.

SmartStart shall have the right to conduct annual audits of User’s services ordered pursuant to this Agreement. SmartStart will provide reasonable notice prior to conducting any audit. Within 5 days following SmartStart’s notice, User shall make available to SmartStart any such records SmartStart requires under any audit requirements. SmartStart shall have the right to review such records for compliance with all applicable laws and regulations relating to the services provided.

This User Agreement constitutes the entire agreement between User and SmartStart. This User Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that neither party shall assign or otherwise transfer this Agreement or any interest herein without the prior written consent of the other party, which consent shall not be unreasonably withheld.

Provisions related to the disclaimer or warranties, use of information and data, payment for services, terms, and indemnification shall survive any termination of this User Agreement.

BY ACCEPTING THIS USER AGREEMENT, USER CERTIFIES THAT USER HAS READ THIS AGREEMENT AND AGREES TO ALL OF THE PROVISIONS CONTAINED ABOVE. IN ADDITION, USER UNDERSTANDS THAT USER IS RESPONSIBLE FOR PAYMENT OF THE PRICING PLAN(S) SELECTED. THIS IS A BINDING AGREEMENT WITH SmartStart.

 

 

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