SECURESEARCH
a brand of Rock, Paper, Scissors, Inc.
TERMS AND CONDITIONS OF SERVICE
This Terms and Conditions of Service Agreement ("Agreement") is entered into between Rock, Paper, Scissors, Inc., a Florida corporation doing business as SecureSearch ("SecureSearch," "we," "us," or "our"), and the entity opening an account with SecureSearch ("Customer," "you," or "your"). SecureSearch is a consumer reporting agency ("CRA") as that term is defined under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"). Customer desires to procure Consumer Reports and, where applicable, Investigative Consumer Reports (together, "Background Reports" or "Reports") from SecureSearch for employment, volunteer, or other permissible purposes.
BY CHECKING THE ACCEPTANCE BOX BELOW OR SUBMITTING A REQUEST FOR A BACKGROUND REPORT, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE INDEMNIFICATION AND LIMITATION OF LIABILITY PROVISIONS BELOW.
1. Definitions
- "Adverse Action" means a denial of employment or volunteer position, termination, reassignment, denial of promotion, or any other unfavorable action affecting a Consumer, undertaken in whole or in part because of information in a Background Report.
- "Consumer" means the individual who is the subject of a Background Report.
- "Consumer Report" and "Investigative Consumer Report" have the meanings given in 15 U.S.C. § 1681a(d) and (e), respectively.
- "Permissible Purpose" means a purpose enumerated in 15 U.S.C. § 1681b for which a Consumer Report may lawfully be procured, including employment and volunteer-placement screening.
- "State Mini-FCRA" means any state or local law imposing requirements on background screening in addition to, or more protective than, the federal FCRA.
2. Customer Obligations — Confidentiality and Permissible Use
- Confidentiality. Customer shall keep all Background Reports, whether oral or written, strictly confidential, limiting access to personnel with a legitimate need to know for employment, placement, or volunteer-recruitment purposes. No Background Report may be resold without SecureSearch's prior written consent and a separate reseller agreement.
- Permissible Purpose Certification. Customer certifies, for each Report requested, that it has a Permissible Purpose, will use the Report only for the purpose certified, will not use it in violation of equal employment opportunity or anti-discrimination law, and understands the FCRA imposes criminal penalties — including fines and imprisonment of up to two years — on anyone who knowingly and willfully obtains a consumer report under false pretenses.
- Consumer Referral. Where disclosure by Customer is not independently required, a Consumer requesting Report information may be referred to SecureSearch for FCRA-compliant disclosure.
- Non-Delegation of Compliance. SecureSearch's provision of forms, samples, or general compliance information does not relieve Customer of its own independent FCRA and state-law obligations, which cannot be delegated to SecureSearch.
3. Customer Indemnification of SecureSearch
Because SecureSearch relies on Customer's certifications above before furnishing Background Reports, Customer agrees to defend, indemnify, and hold harmless SecureSearch, Rock, Paper, Scissors, Inc., their affiliates (including Sandbox Sharing, LLC d/b/a Safeguard from Abuse®), and each of their respective officers, directors, employees, agents, and independent contractors from any claims, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of: Customer's breach of any certification or obligation in this Agreement; Customer's violation of the FCRA, any State Mini-FCRA, or other applicable law; Customer's failure to provide any required disclosure or adverse action notice; unauthorized or unlawful use of a Background Report or Account ID by Customer's personnel; and any discrimination, negligent hiring, or related employment claim arising from Customer's use of a Background Report. This indemnification obligation survives termination of this Agreement.
4. Limitation of SecureSearch's Liability
SecureSearch follows reasonable procedures to assure maximum possible accuracy of reported information but is not an insurer or guarantor of information furnished by third-party sources outside its control. Except for Customer's indemnification obligations above, damages arising from SecureSearch's gross negligence or willful misconduct, or where prohibited by law, SecureSearch's aggregate liability to Customer will not exceed the total fees paid by Customer during the six (6) months preceding the event giving rise to the claim. Neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages.
5. SecureSearch Obligations
SecureSearch will comply with all applicable laws governing Background Reports; follow reasonable procedures to assure maximum possible accuracy and reinvestigate disputed information at no charge; disclose report contents to Consumers upon request consistent with 15 U.S.C. § 1681g (subject to the CFPB's published disclosure fee ceiling); avoid knowingly reporting expunged or sealed records; and take necessary corrective action following a substantiated dispute.
6. Disclosure, Authorization, and Adverse Action
Before procuring a Background Report, Customer must provide the Consumer a standalone written disclosure and obtain written authorization. California disclosures must include additional ICRAA-required content. Customer is solely responsible for complying with state and local laws governing disclosure, authorization, timing, and use of background check information, including ban-the-box, fair-chance, and credit-check-restriction laws.
If Customer intends to take Adverse Action based on a Report, Customer must: (1) provide a pre-adverse action notice with a copy of the Report and the FTC/CFPB Summary of Rights; (2) allow a reasonable waiting period (at least five business days, or longer if required by state law) before finalizing the decision; and (3) if proceeding, provide a final adverse action notice as required under 15 U.S.C. § 1681m.
For Investigative Consumer Reports, Customer must provide the additional written disclosure required under 15 U.S.C. § 1681d within three days of the report being requested, and respond to any timely request for additional disclosure within five days.
Criminal history may not be used as an automatic disqualifier and must be considered consistent with applicable fair-chance and equal-employment law. SecureSearch does not make hiring or adjudication decisions on Customer's behalf.
7. Artificial Intelligence and Automated Processing
SecureSearch does not use artificial intelligence or automated tools to make or substantively influence hiring or adjudication decisions on Customer's behalf. If Customer independently uses any AI or algorithmic tool to score or filter applicants using Report-derived information, Customer is solely responsible for compliance with applicable law, and such use is subject to Customer's indemnification obligations above.
8. Data Security
Customer must implement reasonable safeguards to protect Account ID's, passwords, and any individually identifiable information obtained in connection with this Agreement, and must designate a security administrator. SecureSearch may suspend Customer's access for up to ten business days pending investigation of suspected misuse. Customer must notify SecureSearch without undue delay (and no later than 72 hours after discovery) of any actual or suspected unauthorized access to SecureSearch data, and is solely responsible for compliance with applicable breach-notification laws for information in its possession.
9. Motor Vehicle Records (MVRs)
If Customer orders MVRs, Customer agrees to comply with the federal Driver's Privacy Protection Act and applicable state statutes, not to retain or combine MVR data with other databases (except in a Consumer's personnel file), to complete any state-required forms, and to comply with state-specific restrictions and retention requirements (including heightened requirements currently applicable in Alaska, New Hampshire, Pennsylvania, Virginia, Washington, and West Virginia, which are subject to change). Customer acknowledges receipt of the "Notice to Users of Consumer Reports."
10. Fees, Billing, and Charges
Pricing depends on the level of due diligence selected; there is no recurring account fee. Fees exclude out-of-pocket costs such as registry, court, transcript, and verification fees, plus applicable taxes. A $2.00 manual-processing fee applies to facsimile or mail requests. Invoices are due upon receipt and past due after fifteen days, after which a $25.00 late fee and 1% monthly compounding interest apply. Invoice discrepancies must be reported within ten business days. Continuous Monitoring is billed monthly at $2.00 per enrolled name, with ten days' written notice required to add or remove names before the next billing cycle. SecureSearch may revise fees if regulatory changes or a greater than 10% increase in average disbursement costs occurs. Applicant-pay accounts carry higher service costs and Customer responsibility for dispute-related fees. Customers electing an "instant" search without internal compliance review assume responsibility for additional due diligence before any Adverse Action; no unverified record will be used as the basis for Adverse Action.
11. Vermont Consumers
Customer shall comply with the Vermont Fair Credit Reporting Act, 9 V.S.A. § 2480e, including securing written consent before ordering a report on a Vermont resident.
12. Credit Reports
Access to credit reports requires separate certification of business need and a physical site visit of Customer's premises (currently $85.00, subject to change).
13. Sample Forms
Any sample documents SecureSearch provides are for informational purposes only, do not constitute legal advice, and may not be used "as is" without Customer's own legal counsel review.
14. Audits
SecureSearch may conduct periodic audits of Customer's compliance with this Agreement and applicable law, with reasonable advance notice except where shorter notice is required by a third-party vendor or to investigate suspected misuse. Violations discovered may result in immediate termination.
15. Term and Termination
This Agreement is effective upon acceptance, continues at-will, and may be terminated by either party at any time with written notice. Confidentiality, indemnification, limitation of liability, security event notification, and governing law/dispute resolution provisions survive termination.
16–22. General Provisions
Each party is an independent contractor. SecureSearch may identify Customer as a client in marketing materials without disclosing confidential information. This Agreement is governed by Florida law and applicable federal law; disputes will first be addressed through good-faith mediation in Leon County, Florida, with either party able to seek injunctive relief to prevent unauthorized disclosure or misuse of information. Performance obligations are excused for force majeure events. Neither party may assign this Agreement without the other's written consent, except SecureSearch may assign in connection with a merger, acquisition, or asset sale. Failure to enforce any provision is not a waiver. Customer agrees SecureSearch may communicate by fax and email. This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings.
23. Customer Certification
By accepting this Agreement, the undersigned certifies they have direct knowledge of the facts stated herein and are authorized to execute this Agreement on behalf of the Customer.