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Terms of Service

Effective Date: January 1, 2026
Last Updated: January 1, 2026
First Issued: December 10, 2024

Welcome

Welcome to Bchex ("we," "us," or "our"), a service of Background Investigation Bureau, LLC ("BIB"). We're glad you're here. These Terms of Service ("Terms") govern your access to and use of our website, platform, and background screening services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations, including the Fair Credit Reporting Act ("FCRA"). If you don't agree to these Terms, please don't use our Services.

Our registered office is located at 9713 Northcross Center Court, Suite 201, Huntersville, NC 28078.

1. Key Definitions

To keep things clear, here's what we mean when we use certain terms:

  • "Consumer Report" means a background check or other communication bearing on an individual's character, reputation, personal characteristics, or mode of living, used for employment or other permissible purposes under the FCRA.
  • "Consumer" means the individual who is the subject of a Consumer Report.
  • "End User" or "You" means the business, organization, or individual accessing our Services to obtain Consumer Reports.
  • "Permissible Purpose" means a lawful reason to obtain a Consumer Report as defined by the FCRA (15 U.S.C. § 1681b).
  • "Adverse Action" means any decision to deny employment, promotion, or other benefit based in whole or in part on information in a Consumer Report.
  • "Secure Portal" means the password-protected online interface provided as part of the Services for entering Consumer information, initiating reports, and securely accessing results.

2. FCRA Compliance

Bchex operates as a Consumer Reporting Agency ("CRA") under the Fair Credit Reporting Act. We've designed our platform to help you stay compliant.

2.1 What We Handle

Our platform manages key FCRA requirements on your behalf, including:

  • Disclosures & Authorizations: We provide compliant disclosure forms and collect written authorization from Consumers through our secure platform before any report is generated.
  • Summary of Rights: We deliver the required "Summary of Your Rights Under the Fair Credit Reporting Act" to Consumers as part of our process.
  • Adverse Action Notifications: When you indicate an intent to take adverse action, our platform facilitates the required pre-adverse and final adverse action notices to Consumers.
  • Consumer Disputes: We handle the reinvestigation process when Consumers dispute information in their reports.

2.2 Your Certification

By using our Services, you certify that:

  1. You will only request Consumer Reports for a Permissible Purpose, typically, evaluating a Consumer for employment, promotion, reassignment, or retention.
  2. You will not use the information in violation of any federal or state equal employment opportunity law or regulation.
  3. You will use our platform's adverse action workflow when taking any adverse employment action based in whole or in part on a Consumer Report.
  4. You are responsible for compliance with any state or local laws that impose additional requirements beyond federal FCRA obligations (such as "ban-the-box" laws or extended waiting periods).

3. Prohibited Uses

We want our Services used for good, never for harm. You agree that you will NOT use our Services or any Consumer Reports for:

  • Any purpose not authorized by the FCRA or other applicable law.
  • Personal, non-business reasons (including checking on neighbors, romantic interests, family members, or yourself).
  • Stalking, harassment, intimidation, or any form of abuse.
  • Discriminating against any individual based on race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic.
  • Any purpose that violates the rights of Consumers or any third party.
  • Reselling, sharing, or redistributing Consumer Reports or any information contained therein without our express written consent.
  • Making any employment decision based solely on the existence of a criminal record without proper individualized assessment.

Violation of these prohibitions may result in immediate termination of your account, legal action, and reporting to appropriate authorities.

4. Data Accuracy & Consumer Disputes

We strive to provide accurate and up-to-date information. However, Consumer Reports are compiled from various third-party sources, including courts, government agencies, and other data providers. While we follow reasonable procedures to ensure accuracy, we cannot guarantee that every piece of information is error-free.

Consumers have the right to dispute any information in their Consumer Report. We handle the dispute and reinvestigation process as required by the FCRA (typically within 30 days). If a Consumer contacts you directly regarding a dispute, please direct them to us at disputes@bib.com or by mail at 9713 Northcross Center Court, Suite 201, Huntersville, NC 28078.

5. Account Responsibilities

When you create an account with us, you agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain the security and confidentiality of your login credentials.
  • Immediately notify us of any unauthorized access or security breach.
  • Accept responsibility for all activity that occurs under your account.
  • Ensure that anyone who accesses our Services using your account complies with these Terms.

When you utilize the Secure Portal:

  • Access to the Secure Portal requires multi-factor authentication (MFA) where enabled. You agree not to share login credentials, take screenshots of Consumer Reports, or export data in unsecured formats. All sessions will auto-timeout after 15 minutes of inactivity, and we will maintain audit logs of access for compliance purposes. Unauthorized sharing may result in immediate account suspension.

6. Fees & Payment

Fees for our Services are set forth in a separate written agreement. All fees are non-refundable once a search has been initiated, except where prohibited by law or as otherwise stated in writing. We reserve the right to modify our fees at any time, with notice provided via our website or email.

7. Intellectual Property

All content, trademarks, logos, software, and materials on our website and platform are owned by or licensed to Bchex and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on our content without our express written permission.

Your use of our Services grants you a limited, non-exclusive, non-transferable license to access and use our platform solely for its intended purpose. This license does not include the right to resell our Services or any data obtained through them.

8. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

  • Our Services will be uninterrupted, error-free, or completely secure.
  • Consumer Reports will be 100% accurate or complete (information depends on third-party sources).
  • Our Services will meet your specific requirements.

You acknowledge that employment and background screening decisions involve judgment and that we do not make hiring decisions for you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Bchex, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to:

(a) Your use of or inability to use our Services.

(b) Any inaccuracies, errors, or omissions in Consumer Reports (except as required by the FCRA).

(c) Any unauthorized access to or use of our servers or any personal information stored therein.

(d) Any decisions you make based on information obtained through our Services.

OUR TOTAL LIABILITY for any claims arising under these Terms shall not exceed the greater of (i) the amount you paid us in the twelve (12) months preceding the claim, or (ii) one hundred dollars ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless Bchex and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use or misuse of our Services or any Consumer Reports.
  • Your violation of these Terms, the FCRA, or any other applicable law.
  • Your failure to use our platform's compliance tools as intended (including adverse action workflows).
  • Any claims brought by Consumers or third parties as a result of your actions or omissions.
  • Your violation of any third-party rights, including privacy or employment rights.

11. Termination

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Reasons for termination may include (but are not limited to):

  • Violation of these Terms or any applicable law.
  • Suspected fraudulent, abusive, or illegal activity.
  • Failure to pay applicable fees.
  • Request by law enforcement or government agencies.

Upon termination, your right to use our Services immediately ceases. Sections 3, 8, 9, 10, 12, and 13 shall survive any termination of these Terms.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or our Services shall be resolved exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and you consent to the personal jurisdiction of such courts.

Notwithstanding the foregoing, for FCRA-related disputes, you agree to submit to binding arbitration under the American Arbitration Association (AAA) rules in Mecklenburg County in Charlotte, North Carolina, unless otherwise required by law.

13. Modifications to These Terms

We may update these Terms from time to time. When we do, we'll post the revised Terms on our website and update the "Last Updated" date at the top. For material changes, we may also notify you via email or through our platform. Your continued use of our Services after changes become effective constitutes your acceptance of the revised Terms.

14. Privacy

Your privacy matters to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using our Services, you consent to our collection and use of information as described in our Privacy Policy.

15. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy and any separate written agreements, constitute the entire agreement between you and Bchex regarding the Services.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  • Third-Party Links: Our Services may contain links to third-party websites. We are not responsible for the content, privacy practices, or availability of those sites.
  • Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

16. Contact Us

Have questions about these Terms? We're here to help.

https://www.bib.com/customer

Bchex

9713 Northcross Center Court, Suite 201 Huntersville, NC 28078

Thank you for choosing Bchex. We're committed to helping you hire safely and confidently.