NCC General Terms & Conditions

Revised: December 1, 2016

Thank you for visiting the General Terms & Conditions ("Terms") page of National Cred-A-Chek, Inc. ("NCC" or "we"). These Terms govern all of the services provided by NCC ("Services"), including the NCC website at https://www.nationalcredachek.com, https://www.nccreports.com, and any other NCC website (collectively, the "Website"), as well as other services. By accessing and/or using the Website or the Services, you agree to these Terms without limitation or qualification, as well as such additional or amended terms and conditions as provided below.

Addenda and Other Additional Terms

From time to time, you and NCC may execute a written addendum to the Terms (an “Addendum”) adding to or modifying these Terms. Any properly executed Addenda will be binding on you and NCC and will become a part of these Terms. In the event there is a conflict between an Addendum and the Terms, the Addendum will control to the extent of the conflict.

Additionally, some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read prior to your use of that Service. By using such Services, you agree to the applicable Additional Terms.

Restricted Use

The data on and provided through the Website and the Services is confidential, and is only available to clients of NCC ("Clients" or “you”), except as otherwise noted. NCC restricts the full use of the Website and the Services to authorized individuals employed by Clients who have received approval by NCC, giving them a user name and password under which they may log in ("Users" or “you”). By logging on and entering the NCC informational network, Users certify that they are the person assigned to use the user name and password under which they log in, that they have been approved by NCC as a User, and that they agree to be bound by these Terms.

Customer Use

Customers of Clients and other individuals directly accessing the Website and Services (“Customers” or “you”) may request information about themselves, submit applications on behalf of themselves or, to the extent available, create an account on behalf of themselves through the Website and Services. Customers may only request information, complete applications, and create accounts on behalf of themselves. Customers agree that they have read and understand the Summary of Rights under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681-1681y, available at https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf.

Users’ and Clients’ Responsibilities for Report Requests

FCRA Regulated Reports

Before accessing certain information offered by and through the NCC Website and Services, Clients and Users must first obtain a written and signed application and/or authorization from every Customer whose information is to be accessed to (i) obtain consumer reports; (ii) contact financial institutions; and (iii) check a consumer credit and bank history, as well as any other necessary information in order to evaluate a credit application (“Customer Authorization”). Users and Clients must not obtain a report on a Customer for any purpose other than relating to the extension of credit or check-cashing privileges. Users and Clients must obtain written and signed Customer Authorization for each Customer inquiry in compliance with applicable law and regulation.

Client and each of its Users represent and warrant each of the following:

Client and each of its Users shall not:

Client and each of its Users understand that at any time, NCC may request, in its sole discretion, the original customer application and/or signed and dated Customer Authorization from Client or User.

Other Reports

Before accessing certain information offered by and through the NCC Website and Services, Clients and Users must certify that the information to be accessed is to be used for its own internal business uses and for no other purpose and shall not be sold, rented or otherwise provided by User or Client to any third party, other than as necessary to comply with User or Client’s reporting obligations. Without limiting the foregoing, in no event may Client or User use the information to (i) evaluate applications for accounts intended to be used primarily for personal, family or household purposes; (ii) to identify the risk of consumer accounts; (iii) locate former or delinquent holders of accounts intended to used primarily for the personal, family or household purpose; or (iv) prevent fraud with respect to accounts intended to be used primarily for personal, family or household purposes.

Client and each of its Users represent and warrant each of the following:

Client and each of its Users shall not:

Client and each of its Users understand that at any time, NCC may monitor usage, in its sole discretion to ensure that Client and its Users remain in compliance with the obligations stated above.

Information Submitted to NCC

You represent and warrant that all information you, or anyone using your account, provides to NCC through the Website or Services will be accurate, truthful, and current. In the event you become aware that any information you have provided to NCC is incorrect or has changed, you must immediately notify NCC and provide NCC with correct or updated information.

If you are a furnisher of information under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681-1681y, you represent and warrant that you and your organization are aware of and fully comply with your responsibilities as a furnisher of financial information under FCRA. A link to the notice to furnishers under FCRA is available at https://www.consumer.ftc.gov/articles/pdf-0092-notice-to-furnishers.pdf.

Notice of Adverse Action

You agree that if you deny a potential Customer credit, do not cash a check or take any other adverse action, solely based on a FCRA regulated NCC report provided, then you are legally obligated to issue the Customer an Adverse Action Notice and disclose our company name (NCC) and toll free number (1-800-421-2168) so that Customers can contact NCC regarding the information included on the report and request a free copy of NCC's report and to take any other action required by law or regulation.

Acceptable Use of the Website and Services

You are responsible for your use of the Website and Services, and for any use of the Website or Services made using your account. NCC prohibits certain kinds of conduct that may be harmful to other Users, Clients, Customers or to NCC. When you use the Website or Services, you may not and agree that you will not:

NCC will have the right, in its sole discretion, to investigate and prosecute violations of any of the above to the fullest extent of the law. NCC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that NCC has no obligation to monitor your access to or use of the Website or Services, but has the right to do so for the purpose of operating the Website or Services, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. NCC reserves the right, at any time and without prior notice, to remove or disable access to any content that NCC, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services.

Confidential Information

"Confidential Information" means any and all information disclosed to you by NCC, either directly or indirectly, in writing or orally, other than information that you can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by NCC, (ii) becomes publicly known and made generally available without violation of a confidentiality obligation after disclosure to you by NCC other than through your action or inaction, or (iii) is in your possession, without confidentiality restrictions, prior to the time of disclosure by NCC, as shown by your files and records. You will not at any time: (i) sell, license, and/or transfer any Confidential Information, (ii) disclose or otherwise make available to any person or entity any Confidential Information, and/or (iii) access, use, reproduce or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you and in accordance with these Terms. You will take all measures to protect the secrecy of and to avoid disclosure and/or unauthorized use of the Confidential Information. You agree that you shall safeguard all Confidential Information with the same degree of care you take to protect your own Confidential Information of a similar nature, and at a minimum, no less than a reasonable degree of care.

No Rendering of Advice

The information contained within and provided through the Website and Services is provided for informational purposes only and is not intended to substitute for obtaining accounting, tax or financial advice from a professional accountant, banker or any financial advisor.

Intellectual Property

NCC owns or licenses all right, title and interest in and to (a) the Website and Services, including software, text, visual, audio, and other content available on the Website and Services ("Content"); and (b) NCC's trademarks, logos, and brand elements ("Marks"). The Website, Services, Content, and Marks are protected under U.S. and international laws.

Privacy

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share information and data with others. Please review our Privacy Policy for more details about how we collect, use, and disclose information. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

Intended for Users 18 and Over

You must be at least 18 years old to use the Website or Services.

Links

Our Website and Services may contain links to other websites or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

Third Party Content and Interactions

The Website and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of NCC, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Website and Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that NCC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users, Clients, and/or Customers, or between Users, Clients or Customers and any third party, you understand and agree that NCC is under no obligation to become involved. In the event that you have a dispute with any other User, Client or Customer, you hereby release NCC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website and Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Changes to the Website or Services

NCC enhances and updates the Website and Services often. We may change or discontinue the Website or any Services, with or without notice to you.

Termination

NCC reserves the right not to provide the Website or Services to anyone. We also reserve the right to terminate your right to access the Website or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Website and Services automatically terminates.

Disclaimer and Limitations on Our Liability

YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NCC AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

IN PARTICULAR, NCC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICES), OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE WEBSITE OR SERVICES. NCC AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR OUT-OF-DATE CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICES.

NCC AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE WEBSITE OR SERVICES OR ANY LINKED WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NCC OR THROUGH THE WEBSITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NCC’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID AND PAYABLE BY YOU TO NCC DURING THE 12 MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NCC NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE WEBSITE OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent NCC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of NCC's liability will be the minimum permitted under such law.

Indemnification

You agree to indemnify and defend NCC and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information that you or anyone using your account submit, post, or transmit through the Website or Services; (b) the use of the Website or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account; (e) the breach of any representation, warranty, covenant or obligation under these Terms; or (f) the violation of any law or regulation by you or anyone using your account. NCC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with NCC in such defense.

Arbitration Agreement & Waiver of Certain Rights

You and NCC agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and NCC hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and NCC relating to these Terms or the Offerings (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, NCC will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or NCC from seeking action by federal, state, or local government agencies. You and NCC also have the right to bring qualifying claims in small claims court. In addition, you and NCC retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor NCC may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or NCC’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with NCC.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NCC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Enforcement of Provisions

Under no circumstances will NCC be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. These Terms are governed and interpreted pursuant to the laws of the State of California, United States of America, without reference to its provisions concerning conflicts of law. Any and all dispute(s) concerning the validity or interpretation of these Terms, or performance hereunder, shall be brought exclusively in a court of competent jurisdiction located in the County of San Diego , State of California, which shall constitute the exclusive venue for any such dispute(s). If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. NCC may revise these Terms at any time by updating this posting. The failure of NCC to enforce any right or provision of these Terms will not prevent NCC from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

NCC may terminate these Terms at any time, without notice and for any reason. You agree that if any part of these Terms are found to be unenforceable, the remainder of these Terms will remain in full force and effect.

If you have any questions concerning these terms, you may contact our Legal Department:

National Cred-A-Chek, Inc.
Attn: Legal Department
2240 Sunset Boulevard
San Diego, CA 92103
USA

Phone: 619-296-0900
Fax: 619-296-9115
Email: info@nccreports.com

Changes to these Terms

From time to time, NCC may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Website. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Website or Services, you agree to the revised Terms.