Data for the reports provided is collected from public databases. This information is considered public record and users should not assume that the information reflected is a current, complete or an accurate history of any individual. Users should review federal, state, and local laws before using this information during the process of hiring and firing of employees. Please reference the Florida Toxicology Associates Terms and Conditions for additional restrictions regarding the usage of this data.
Florida Toxicology assumes no liability for any claims for damages arising from the use of this data beyond the actual cost of the searches performed.
Terms and Conditions
This Florida Toxicology Associates, INC. Terms and Conditions (this “Agreement”) is entered into by and between Florida Toxicology Associates, INC. and the undersigned (“User”).
WHEREAS, User desires to order Consumer Reports and Investigative Consumer Reports, as defined in the federal Fair Credit Reporting Act (the “FCRA”), from Florida Toxicology Associates, INC.; and
WHEREAS, Florida Toxicology Associates, INC. desires to sell such services and information (collectively, the “Services”) to User.
NOW, THEREFORE, for and in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, Florida Toxicology Associates, INC. and User hereby agree as follows:
1. User agrees to pay for responses returned from searches performed even if said responses include zero records or a “no records found” result.
2. User agrees that no refunds will be issued for reports ordered in cases where the user enters incorrect information and understands that Florida Toxicology Associates, INC. will not rerun a report at no charge with corrected information.
3. User agrees that no refund will be issued for reports that are purchased twice by the user, even if the duplicate reports are purchased in error.
4. User has read the descriptions of the databases searched by Florida Toxicology Associates, INC. as listed on the website at: https://floridatoxicology.com/product/background-check and understands the depth and the limitations of the contents of each database.
5. In providing the Services, Florida Toxicology Associates, INC. agrees to do the following:
(a) Comply with all laws applicable to the making of reports including the federal Fair Credit Reporting Act (“FCRA”).
(b) Follow reasonable procedures to assure the maximum possible accuracy of the information reported, subject to Paragraph 1(d) below, and reinvestigate if requested by User without further charge if the information was incorrect.
(c) Disclose, upon request from the consumer who is the subject of the report, if other than User (the “Consumer”), the information reported, reinvestigate any information disputed by the Consumer at no charge to User and take any necessary corrective action with the Consumer and User.
d) ALTHOUGH DIRECT SCREENING SHALL EXERCISE REASONABLE EFFORTS TO FURNISH TO USER ACCURATE INFORMATION, USER ACKNOWLEDGES THAT ALL DATA AND INFORMATION CONSTITUTING THE SERVICES PROVIDED AND/OR SOLD TO USER UNDER THIS AGREEMENT ARE PURCHASED “AS IS”, AND Florida Toxicology Associates, INC. AND ITS THIRD PARTY SUPPLIERS HEREBY (I) DISCLAIM ANY ASSURANCES OR GUARANTY REGARDING THE CORRECTNESS, COMPLETENESS AND, CURRENTNESS, (II) DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF THE SERVICES OR THE COMPONENTS THEREOF. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT DIRECT SCREENING OR ANY OR ALL OF ITS THIRD PARTY SUPPLIERS ARE DEEMED LIABLE IN ANY MANNER, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE, BOTH DIRECT SCREENING AND USER HEREBY AGREE THAT THE LIMITATION OF Florida Toxicology Associates, INC. OR ANY SUCH THIRD PARTY SUPPLIER’S TOTAL LIABILITY TO USER UNDER THIS AGREEMENT SHALL BE EXPRESSLY LIMITED TO THE RETURN OF THE FEES PAID BY USER TO DIRECT SCREENING FOR THE DATA PROVIDED TO WHICH A GIVEN CLAIM RELATES. NEITHER Florida Toxicology Associates, INC. NOR SUCH THIRD PARTY SUPPLIERS SHALL BE LIABLE TO USER FOR ANY OTHER DAMAGES, INCLUDING PUNITIVE DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES, OR ANY OTHER COSTS AND EXPENSES, REGARDLESS OF THE CAUSE OR WHETHER THE DAMAGES WERE FORESEEABLE.
USER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES ASSUMPTION OF A RISK AND EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK.
6. In connection with the purchase of the Services, User agrees to do the following:
(a) Comply with all laws applicable to the services provided herein including the FCRA and all other federal and state laws, regulations and statutes. User hereby acknowledges receipt of “Notice to Users of Consumer Reports” by reviewing this link http://www.ftc.gov/os/statutes/2user.htm, which is hereby incorporated herein by reference for all purposes.
(b) Keep all reports generated by Florida Toxicology Associates, INC., whether oral or written, strictly confidential and, except as required by law, reveal information from reports only to the Consumer (if other than User) or a person whose duty requires him or her to participate in the decision for the transaction for which the report was ordered.
(c) Request information for its exclusive use unless User has obtained written permission from Florida Toxicology Associates, INC. to request the information for use by other persons. If the consumer, or his or her representative, requests report information, that person may be referred to Florida Toxicology Associates, INC. for disclosure under the FCRA or other applicable laws.
(d) Hold Florida Toxicology Associates, INC. and its affiliated companies, and the directors, officers, agents, employees, and independent contractors of Florida Toxicology Associates, INC. and its affiliates harmless on account of any expense or damage resulting from the procurement, use or publication by User, or the employees or agents of User, of report information contrary to the terms of this Agreement or contrary to state/federal law or regulation.
(e) Recognizing that information in reports is secured from and processed by fallible sources (human and otherwise) and that for the fee charged Florida Toxicology Associates, INC. for the Services cannot be either an insurer or a guarantor of the accuracy of the information reported, User hereby releases Florida Toxicology Associates, INC. and its affiliated companies and the directors, officers, agents, employees, and independent contractors of Florida Toxicology Associates, INC. and its affiliated companies from liability for any negligence of third parties in connection with erroneous information received from such third parties.
(f) Without limiting the foregoing, User (if other than the Consumer) shall comply with the Vermont Fair Credit Reporting Act, 9 V.S.A. Section 2480e, by securing the written consent of the Consumer prior to ordering a consumer report on a Vermont resident.
7. User certifies that:
(a) Each request for a report (each, a “Consumer Report”) will indicate the specific permissible purpose under the FCRA involved in each transaction and such reports will be used for no other purposes.
(b) When taking any adverse action based in whole or in part on the Consumer Report, the person intending to take such adverse action shall provide to the Consumer (if other than User) written notice of the adverse action containing the information required under the FCRA and of the consumer’s right (i) to obtain a copy of the report and (ii) to dispute the accuracy or completeness of any information in the report. For additional information see http://www.ftc.gov/os/statutes/2user.htm <http://www.ftc.gov/os/statutes/2user.htm>.
(c) With respect to Consumers that are California residents, User certifies that prior to ordering an Investigative Consumer Report, as defined in the California Investigative Consumer Reporting Agencies Act, as amended, Cal. Civ. Code Section 1786 et. seq. or any successor provision (the “Cal. Code”), User will:
Notify the Consumer (if other than User) in writing that an Investigative Consumer Report regarding the Consumer’s character, general reputation, personal characteristics, and mode of living will be made. Such notification shall include the name and address of the investigative consumer reporting agency conducting the investigation, the nature and scope of the investigation requested, and a summary of the provisions of Section 1786.22 of the Cal. Code.
(a) Florida Toxicology Associates, INC. reserves the right, in its sole discretion, to terminate User’s access to any or all of services or any portion thereof at any time, without notice. Direct Screening may also terminate or suspend User’s access to Florida Toxicology Associates, INC. for inactivity.
(b) Each party hereto (and its employees) is and shall remain an independent contractor. Neither party is authorized to assume or create an obligation or responsibility, express or implied, on behalf of, or in the name of, the other party or to bind the other party in any manner.
(c) Florida Toxicology Associates, INC. shall have the right to conduct annual audits of User’s use of the Consumer Reports ordered pursuant to this Agreement. Florida Toxicology Associates, INC. will provide reasonable notice prior to conducting any audit.
(d) The obligation of either party to perform under this Agreement shall be excused during each period of delay caused by matters beyond such party’s reasonable control, including without limitation, government regulation or law, war or insurrection, civil commotion, destruction of production facilities or material by earthquake, fire, flood, storm or other natural disaster, labor disturbances, epidemic or failure of suppliers, public utilities or common carriers.
(e) This 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.
(f) The parties understand and agree that this Agreement constitutes all conditions of service and reporting and applies to all reports made by Florida Toxicology Associates, INC. to User. No changes in these conditions may be made except by mutual consent in writing by an authorized representative of User and Florida Toxicology Associates, INC..
(g) Florida Toxicology Associates, INC. shall have no obligation to maintain any content in the User’s account beyond ninety (90) days of the purchase of the service
9. If User intends to access any of Florida Toxicology Associates, INC.’s instant databases, the following conditions also apply.
(i) The Services are distributed on an “as is” basis without warranties of any kind, either express or implied, including any implied warranties of merchantability and fitness for a particular purpose. Florida Toxicology Associates, INC. does not warrant that the Services will be uninterrupted or error free. Direct Screening makes reasonable effort to provide an accurate representation of the public record databases in this website.
(ii) Florida Toxicology Associates, INC. does not warrant the correctness of the results of the Services. User utilizes the results of the service at User’s own risk. Under no circumstances shall Florida Toxicology Associates, INC. be responsible for any errors or omissions in the database and/or reports ordered via our on-line service. Florida Toxicology Associates, INC. shall not be responsible for any consequential damages arising out of use of the Services.
(iii) This Agreement entitles User access to the service for reference purposes only. Should User (or any third party receiving such information from or through User) need to be absolutely sure that the information is correct, User (or third party receiving such information from or through User) should order a certified record from the governmental agency that supplies the data.
(iv) At no time shall User portray that it is the representative or authorized agent of Florida Toxicology Associates, INC. or any third party. User acknowledges and agrees that it shall acquire no right, title or interest under applicable copyright and related laws in the databases and materials contained therein, or otherwise found in this website.
10. User agrees to use the Services for legitimate commercial purposes. User is aware accesses may be logged. Florida Toxicology Associates, INC. reserves the right, in its sole discretion, to deny access to any user of the Services. User understands that it is liable for all payments charged to my account by User or anyone using User’s “username” and “password” to access any area of the Services.
11. Florida Toxicology Associates, INC. reserves the right to change prices, add or delete services, nd change characteristics of each service at any time, from time to time, and without notice.
12. User agrees to protect, indemnify, defend and hold harmless Florida Toxicology Associates, INC. and all third party suppliers from and against any and all claims, suits, or actions of every name, kind and description arising from or in any way related to use of information by User (or any third party receiving such information from or through user) furnished by or through Florida Toxicology Associates, INC..
13. Provisions related to the disclaimer or warranties, use of information and data, payment for service, terms, and indemnification shall survive any termination of this agreement.
14. User agrees and acknowledges that the information contained herein and in the Services is derived solely from public records, which may not be 100 percent accurate or complete.
15. User agrees they have reviewed the Fair Credit Reporting Act Overview as posted at: http://www.ftc.gov/os/statutes/2user.htm
This document is intended as a general overview of the requirements of the FCRA. Although the FCRA applies to many different situations, this document is limited to requirements of the FCRA with respect to employment. The FCRA, 15 U.S.C. 1681-1681u, regulates both “consumer reports” and “investigative consumer reports” in the employment context. Recent amendments to this law took effect on September 30, 1997; these amendments create new obligations for employers and prospective employers who obtain and use these types of reports. While it is legal to utilize these types of reports in the employment context, it is important that employers comply with all relevant provisions of the Act, as well as any applicable state laws. User has reviewed and will maintain compliance within the parameters set forth by the FCRA.
16. User (whether or not the Consumer) has received (as a printed attachment or by virtue of visiting the hyperlink set forth in paragraph 14) the prescribed notice of User’s duty as a user of a consumer report under the FCRA.
17. In cases where User (or its agent or employer) provides a third party with information obtained by User from Florida Toxicology Associates, INC., User will provide all such third parties with the prescribed notice of their duties as a user of a Consumer Report under the FCRA
18. In cases where User (or its agent or employer) re-sells or utilizes internally any of the information User obtained from Florida Toxicology Associates, INC., User agrees and acknowledges and understands that Florida Toxicology Associates, INC. reserves the right to conduct an audit of User’s searches to determine that you are meeting the conditions of the FCRA as described in paragraph 15. Florida Toxicology Associates, INC. reserves the right to ask in its audit to require User to furnish the following information.
(a) the identity of the end-user of the report (or information); and
(b) each permissible purpose under section 604 of the FCRA for which the report is furnished to the end-user of the report (or information).
19. User consents to the courts of Essex County, Massachusetts for handling any legal dispute between you and Florida Toxicology Associates, INC.. You agree not to sue Direct Screening and its affiliated companies, and the directors, officers, agents, employees, and independent contractors of Florida Toxicology Associates, INC. and its affiliates in any other courts. This means that you consent to the exclusive jurisdiction of and venue in the state courts and if federal jurisdiction applies, federal courts of Essex County, Massachusetts and you waive any assertion that Essex County, Massachusetts is an inconvenient forum for the resolution of any dispute between you and us.
20. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force.
21. IF USER DOES NOT COMPLY TO THE PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT, Florida Toxicology Associates, INC. WILL IMMEDIATELY TERMINATE ACCESS TO THE SERVICE.
22. BY CLICKING THE “I ACKNOWLEDGE THAT I HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS” BUTTON, USER IS CERTIFYING THAT USER HAS READ ALL OF THE TERMS AND CONDITIONS IN ITS ENTIRETY AND ALSO UNDERSTANDS THAT USER IS RESPONSIBLE FOR PAYMENT OF THE SELECTED SEARCHES AND REPORTS AND CONSIDER THIS ACCEPTANCE AS A BINDING AGREEMENT WITH Florida Toxicology Associates, INC.