Monday, July 24, 2017
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Why Use MyESRcheck.com?

Employment screening is important to both job applicants and employers. Recent surveys of Human Resources professionals revealed 75 percent of businesses – 3 out of 4 – conduct criminal background checks and verifications of employment and education as part of their employment screening process. Why use ESRCheck.com? To find out ahead of time what a background report may show AND to help get your application noticed!

 

 

MyESRcheck.com Terms of Use


MyESRCheck.com provides its services to you subject to the following Terms and Conditions of Use. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE MYESRCHECK.COM WEB SITE OR ANY OF THE ASSOCIATED OR INCLUDED SERVICES (which collectively constitute the "Site"). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MYESRCHECK.COM RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT TO THE SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS, AS YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Section 1. User Conduct.

  • Specific Prohibited Uses. THE SITE MAY BE USED ONLY FOR LAWFUL PURPOSES BY INDIVIDUALS WHO MAY FORM LEGALLY BINDING CONTRACTS AND BY EMPLOYERS SEEKING EMPLOYEES. THIS SITE IS NOT INTENDED FOR USE BY MINORS. IF YOU DO NOT MEET THE FOREGOING REQUIREMENTS, YOU MAY NOT ACCESS OR USE THIS SITE OR ANY OF THE SERVICES ON OR THROUGH THE SITE. Through use of this Site you agree that you may not sell or modify the materials or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. As a condition of your use of the Site, you agree that you will not use the Site for any purpose or in any manner that is prohibited by these terms and conditions. MyESRCheck.com specifically prohibits any use of this Site, and the information contained within this Site, for any of the following:(i) Transmitting any message, information, data, text, software or images, or other materials that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous or otherwise objectionable, illegal or that may invade another's right of privacy or publicity;(ii) "Stalking" any party;(iii) Posting any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity which, by way of example, requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;(iv) Deleting or altering any material posted by any other person or community;(v) Violating any applicable local, state, national, or international law including laws governing export control; and(vi) Transmitting any message, information, data, text, software or images, or other materials that will infringe the copyright, trademark, trade secret or other intellectual property or property rights of others.(vii) Attempting to violate the security of MyESRCheck.com, including, without limitation:(a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access;(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;(c) attempting to interfere with service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing," or "crashing"; or (d) sending unsolicited e-mail, including promotions or advertising of products or services; or (e) using any robot, spider, agent or other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the MyESRCheck.com site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. (f) Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise. YOU MAY NOT SPAM OUR MEMBER COMPANIES OR CANDIDATES WHOSE RESUMES APPEAR ON THE WEB SITE.
    Violation(s) of the above-mentioned System or network security may result in civil or criminal liability. MyESRCheck.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. Further, MyESRCheck.com reserves the right, at its sole discretion, to deny service to any User while investigation of violations are in progress.
  • Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Site or any of MyESRCheck.com's systems. Violations of system or network security may result in civil or criminal liability. MyESRCheck.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
  • Violation of Terms. You understand and agree that MyESRCheck.com may, in its sole discretion, terminate your access to the Site without prior notice if MyESRCheck.com believes that any usage has violated or is inconsistent with the terms and conditions herein or with the intention behind them, or that you have violated the rights of MyESRCheck.com, another User of the Site or the law. If you believe materials have been copied in a way that constitutes copyright infringement, please send an e-mail to MyESRCheck.com's designated agent for notices of infringement at support@ESRcheck.com. MyESRCheck.com may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
  • Additional Terms. MyESRCheck.com may establish from time to time additional or updated terms and conditions, rules, and/or policies applicable to the Site or any part of the Site. All such terms and conditions, rules and policies are incorporated into these Terms and Conditions by this Verification.

Section 2. Modification or Termination of the Site.

  • MyESRCheck.com shall have the right to terminate this Site and to discontinue, suspend or modify this Site or any of the information contained in or any of the services provided via this Site, at any time, with or without notice, at its sole discretion. You agree that MyESRCheck.com shall not be liable to you or to any third party for doing so. In addition, MyESRCheck.com may, in its sole discretion, refuse to accept an application for an account and/or refuse or restrict its services to anyone at any time.

Section 3. Use of Materials.

  • The contents of this Web Site, such as the "look" and "feel" of the Web Site, text, graphics, images, logos, button icons, software and other "Material", are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of MyESRCheck.com or its content suppliers or customers. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of MyESRCheck.com and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. All content, graphics, audio, video, software, and other materials available via the Site, and the compilation of such materials (including by way of example, postings and collections of links to other Internet resources, and the descriptions of those resources that are contained within or made available via the Site) (collectively, the foregoing constitute the "Materials") are the property of MyESRCheck.com and/or its suppliers and licensors, and are protected by U.S. copyright and other intellectual property laws and international treaties, and may not be copied without the express permission of MyESRCheck.com. Unauthorized use of the Site or the Materials may violate copyright, trademark, and other intellectual property laws and/or proprietary rights laws, and may subject you to criminal and/or civil liability. The Site (including the Materials) is available for informational and noncommercial uses only. Re-use or re-sale of the Site (or any part thereof) for any purpose is strictly prohibited. Do not copy or adapt the HTML or other code or software that MyESRCheck.com uses to generate pages. Such materials are also covered by MyESRCheck.com's copyrights and any other intellectual property rights. THE USE OF WEBWACKER OR SIMILAR PRODUCTS TO DOWNLOAD OUR ANY OF THESE PAGES INFRINGES ON MYESRCHECK'S COPYRIGHT. DO NOT USE WEBWACKER OR SIMILAR PRODUCTS ON THIS SITE!

Section 4. Registration and Password.

  • If you register with the Site, you are responsible for maintaining the confidentiality and security of your information and all password(s). You shall be responsible for all uses of your registration and any associated account, whether or not authorized by you. You agree to immediately notify MyESRCheck.com of any unauthorized use of your registration, account or password.

Section 5. User Information.

  • When you register for the Site, you will be asked to provide MyESRCheck.com with certain information including, without limitation, a valid email address (your "Information"). You agree that you will, on an ongoing basis, ensure that your Information remains complete, current and accurate, and that you will promptly notify MyESRCheck.com of any changes to your Information. In addition to the terms and conditions that may be set forth in any privacy policy on this Site, you understand and agree that MyESRCheck.com may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The terms of our privacy policy is hereby incorporated into this Agreement by this reference and may be reviewed online at Privacy Policy, whether or not authorized by you. You agree to immediately notify MyESRCheck.com of any unauthorized use of your registration, account or password. Material used for MyESRcheck.com background check reports is stored for the life of this service.

Section 6. Disclaimers.

  • The Site and the Materials contained herein may contain inaccuracies or typographical or other errors. MyESRCheck.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or any of the Materials contained in the MyESRCheck.com database. The use of the Site is at your own risk. Changes are periodically made to the Site and may be made at any time. MyESRCheck.com does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. If your use of the web site or the material results in the need for servicing or replacing equipment or data, MyESRCheck.com is not responsible for those costs. MyESRCheck.com is not and shall not be considered an employer with respect to your use of the Site and MyESRCheck.com shall not be responsible for any employment decisions. MyESRCheck.com is merely providing a venue and a conduit for your convenience to facilitate your interactions with prospective employees and MyESRCheck.com is not an employer, agent or otherwise involved in the interaction between prospective employees and employers or the employment process between parties using this Site. Nothing contained in or available via the Site shall constitute an affiliation, sponsorship, or endorsement by MyESRCheck.com of any of the prospective employees or Users of the Site, or of the respective products and services they may buy, sell or otherwise provide. THE SITE, INCLUDING ALL ASSOCIATED SERVICES AND MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MYESRCHECK.COM, TO THE FULL EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR TITLE OR NONINFRINGEMENT. MYESRCHECK.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, INCLUDING ANY MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ASSOCIATED WITH OR INCLUDED IN THE SITE, OR THAT THE SITE (OR ANY PART THEREOF) WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, MYESRCHECK.COM DOES NOT WARRANT THAT THE SITE (OR ANY PART THEREOF) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING OR USING THE SITE (OR ANY PART THEREOF) FROM JURISDICTIONS WHERE ACCESS OR USE IS ILLEGAL IS EXPRESSLY PROHIBITED.

Section 7. Limitations of Liability.

  • Users recognizes that information is obtained and managed by fallible sources, and that for the fees charged, MyESRCheck.com cannot guarantee or insure the accuracy or the depths of the information provided or insure the suitability, fitness or identity of any applicant. MyESRCheck.com is primarily a screening service that will make best efforts to provide the maximum level of accuracy possible under the circumstances. Although reasonable effort is made to ensure accuracy, MyESRCheck.com does not act as the final guarantor of the information accuracy or completeness. MyESRCheck.com does not guarantee, represent or warrant that its services will prevent any loss, that its service may not be circumvented or that its services will in all cases provide the protection or information for which the services were intended. Furthermore, users of this site releases MyESRCheck.com. and its affiliates, officers, agents, employees, contractors, information providers and credit agencies from any liability and claims, losses, injury or damage whatsoever arising out of any report or service, or arising from any inaccuracy and/or incompleteness of the information reported, or related in any way to any applicant or hiring decision stemming from employer's use of MyESRCheck.com. Any damages are limited as set-forth below. Further, MyESRCheck.com not render any opinions as to whether a person should be hired. Furthermore, employers and users of the site retains the final responsibility for the final verification of the applicant's identity and decision concerning fitness for employment. Although MyESRCheck.com takes steps to ensure all of its procedures are in compliance with all state and federal rules, MyESRCheck.com does not provide any legal services or opinions. UNLESS OTHERWISE AGREED UPON BY BOTH PARTIES IN WRITING, IN NO EVENT SHALL MYESRCHECK.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE SITE (OR ANY PART THEREOF INCLUDING ANY ASSOCIATED SERVICES OR MATERIALS), (ii) ANY DELAY OR INABILITY TO USE THE SITE (OR ANY PART THEREOF), OR FOR ANY MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND/OR LINKS ASSOCIATED WITH OR INCLUDED IN THE SITE, (iii) THE INTERNET GENERALLY OR ON NY OTHER BASIS (REGARDLESS OF WHETHER ANY OF THE FOREGOING IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF MYESRCHECK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MYESRCHECK.COM'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED WITH A MAXIMUM DAMAGE AMOUNT BEING ONE-THOUSAND DOLLARS ($1,000.00).THE FOREGOING LIMITATIONS APPLY TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING BUT NOT LIMITED TO, THOSE RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SITE, (ii) ANY TRANSACTIONS VIA THE SITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED VIA THE SITE, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR (v) ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE.

Section 8. Links to Other Sites.

  • The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by MyESRCheck.com of the contents on such third-party web sites. MyESRCheck.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk. MyESRCheck.com is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of or relating to any use, reference to, or reliance on such information.

Section 9. Indemnity.

  • You agree to defend, indemnify, and hold harmless MyESRCheck.com, it's officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Site (or any part thereof) or your violation of the terms and conditions herein. MyESRCheck.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 10. Dispute Resolution.

  • Any controversy or claim arising out of or relating to this Agreement or its breach, or otherwise relating to the Site (with the exception of injunctive relief or any other type of relief sought by MyESRCheck.com for any violation of MyESRCheck.com's licensors and suppliers' proprietary rights), shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be San Francisco, CA, U.S.A.

Section 11. Miscellaneous.

  • You agree that no joint venture, partnership, franchisor-franchisee, employer-employee, or agency relationship exists or is created between you and MyESRCheck.com (or any of MyESRCheck.com members or subscribers) as a result of this agreement or your use of this Site. MyESRCheck.com's performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish MyESRCheck.com's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MyESRCheck.com with respect to such use. These terms represent a binding agreement between MyESRCheck.com and you, and our respective successors and assigns. A printed version of the terms and conditions set forth herein and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These terms shall be governed by the laws of the State of California and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and subject to the dispute resolution procedures set forth in Section 10, above, venue for any action or dispute in the state and federal courts located in San Francisco, CA., U.S.A. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, MyESRCheck.com will be entitled to equitable relief upon a breach of them by you. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. All rights not expressly granted herein are hereby reserved by MyESRCheck.com.

Section 12. Acceptance of Terms.

  • ANY USER, ANY INDIVIDUAL, EMPLOYER OR ENTITY OF ANY KIND OR NATURE WHATSOEVER WHO IS REGISTERING FOR ANY SERVICE, INCLUDING BUT LIMITED TO ENTERING AS AN APPLICANT OR EMPLOYER, AGREES TO BE BOUND BY THE MYESRCHECK.COM TERMS OF SERVICE. IF SUCH INDIVIDUAL OR GROUP DOES NOT AGREE TO THESE TERMS OF SERVICE, IT CANNOT REGISTER TO BECOME A USER. MyESRCheck.com reserves the right, at our discretion, to change, modify, add, or remove portions of any of the Terms periodically for changes. When using the Site, after we post changes to the Terms, User accepts the changed Terms.

 

 

 

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