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Terms of Use
Last Updated: 10/14/2024
Welcome to Bchex (the “Site”). By accessing or using the Site, you (“User”) agree to comply with and be bound by these Terms of Use (“Terms”). Please read these Terms carefully. If you do not agree to these Terms, please do not use the Site.
1. Acceptance of Terms
By accessing or using the Site, you accept and agree to be bound by these Terms and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. These Terms apply to all visitors, users, and others who access or use the Site.
By accessing or using the Site, you accept and agree to be bound by these Terms and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. These Terms apply to all visitors, users, and others who access or use the Site.
2. Changes to Terms
Bchex reserves the right to modify, alter, or update these Terms at any time. We will notify Users of any material changes to these Terms by posting a notice on the Site. Your continued use of the Site after any such modifications constitutes your acceptance of the revised Terms.
Bchex reserves the right to modify, alter, or update these Terms at any time. We will notify Users of any material changes to these Terms by posting a notice on the Site. Your continued use of the Site after any such modifications constitutes your acceptance of the revised Terms.
3. Use of the Site
(a) Eligibility & Authorized Access: Certain portions of the Site are available only to Users whose companies are active subscribers to Bchex services (“Subscribers”). By accessing such Subscriber-only areas, you represent and warrant that you have the authority to access such areas on behalf of your company and agree to adhere to any applicable terms and conditions set forth in your company’s service agreement with Bchex.
(b) Account Registration: You may be required to create an account to access certain areas of the Site. You are responsible for maintaining the confidentiality of your account information and password. You agree not to share your password and to limit access to your account to authorized users within your organization.
(c) Prohibited Activities: You agree not to:
(a) Eligibility & Authorized Access: Certain portions of the Site are available only to Users whose companies are active subscribers to Bchex services (“Subscribers”). By accessing such Subscriber-only areas, you represent and warrant that you have the authority to access such areas on behalf of your company and agree to adhere to any applicable terms and conditions set forth in your company’s service agreement with Bchex.
(b) Account Registration: You may be required to create an account to access certain areas of the Site. You are responsible for maintaining the confidentiality of your account information and password. You agree not to share your password and to limit access to your account to authorized users within your organization.
(c) Prohibited Activities: You agree not to:
- Use the Site for any unlawful purpose or in violation of any local, state, national, or international law;
- Post or transmit any material that is harmful, obscene, defamatory, offensive, or otherwise objectionable;
- Access or attempt to access the accounts of other users or computer systems through unauthorized means;
- Disrupt or interfere with the security of the Site or its services, servers, or networks.
4. Site Content & Disclaimer
(a) Informational Purposes Only: The materials and content provided on the Site are for informational purposes only. The Site and its content are not intended to be, and should not be construed as, legal advice. Users are encouraged to seek independent legal counsel regarding any legal, regulatory, or compliance matters specific to their industry or jurisdiction.
(b) No Warranty or Endorsement: Bchex makes no representations or warranties as to the accuracy or completeness of any information available through the Site or as part of our background screening services.
(a) Informational Purposes Only: The materials and content provided on the Site are for informational purposes only. The Site and its content are not intended to be, and should not be construed as, legal advice. Users are encouraged to seek independent legal counsel regarding any legal, regulatory, or compliance matters specific to their industry or jurisdiction.
(b) No Warranty or Endorsement: Bchex makes no representations or warranties as to the accuracy or completeness of any information available through the Site or as part of our background screening services.
5. Security & User Responsibilities
You are responsible for protecting the security of your account and any access credentials (e.g., usernames, passwords). You agree to:
You are responsible for protecting the security of your account and any access credentials (e.g., usernames, passwords). You agree to:
- Not share your password with any unauthorized users;
- Not leave your account open or unattended in public places;
- Use caution when accessing the Site from shared or public computers and take proper precautions to protect your information;
- Not print sensitive content from the Site to printers not under your control.
Bchex may provide additional security protocols to enhance protection, and Users are expected to comply with these protocols.
6. Permissible Use Policy
Permissible Purpose: Users agree to use the Site and any data obtained through Bchex’s background screening services strictly in compliance with all applicable laws, including the Fair Credit Reporting Act (FCRA), any state equivalent, and other relevant data protection laws. Background screenings should only be conducted for permissible purposes (e.g., employment, tenancy) and not for discriminatory, illegal, or unauthorized use.
Compliance with User Agreements: Access to background screening services and data is subject to separate agreements between Bchex and your company (the “User Agreement”). You agree to comply with all terms, conditions, and restrictions of your User Agreement and to access or use such data only as authorized.
Permissible Purpose: Users agree to use the Site and any data obtained through Bchex’s background screening services strictly in compliance with all applicable laws, including the Fair Credit Reporting Act (FCRA), any state equivalent, and other relevant data protection laws. Background screenings should only be conducted for permissible purposes (e.g., employment, tenancy) and not for discriminatory, illegal, or unauthorized use.
Compliance with User Agreements: Access to background screening services and data is subject to separate agreements between Bchex and your company (the “User Agreement”). You agree to comply with all terms, conditions, and restrictions of your User Agreement and to access or use such data only as authorized.
7. User-Generated Content
(a) Responsibility for Content: If you post or upload content on the Site, you are solely responsible for that content. By posting or uploading content, you grant Bchex a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, distribute, and display such content in connection with the Site.
(b) Prohibited Content: You agree not to post or transmit any content that:
(a) Responsibility for Content: If you post or upload content on the Site, you are solely responsible for that content. By posting or uploading content, you grant Bchex a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, distribute, and display such content in connection with the Site.
(b) Prohibited Content: You agree not to post or transmit any content that:
- Is false, misleading, or promotes illegal activities;
- Violates any third party’s intellectual property rights, privacy, or publicity rights;
- Contains software viruses, worms, or other harmful components.
8. Cookies & Data Collection
(a) Use of Cookies: The Site uses cookies, web beacons, and other tracking technologies (“Cookies”) to enhance User experience, understand how the Site is used, and for advertising and analytics purposes. A cookie is a small data file stored on your device that helps us improve our Site and your experience.
(b) Types of Cookies We Use:
(a) Use of Cookies: The Site uses cookies, web beacons, and other tracking technologies (“Cookies”) to enhance User experience, understand how the Site is used, and for advertising and analytics purposes. A cookie is a small data file stored on your device that helps us improve our Site and your experience.
(b) Types of Cookies We Use:
- Essential Cookies: Necessary for the operation of the Site.
- Performance and Functionality Cookies: Enhance user experience by remembering preferences.
- Analytics and Customization Cookies: Collect information on how Users interact with the Site.
- Advertising Cookies: Show relevant ads and measure their effectiveness.
(c) Data Collected: The Site automatically collects information such as IP address, browser type, operating system, device information, browsing activity, and location data.
(d) Managing Cookies: You can manage or disable cookies through your browser settings. Some features of the Site may not function properly if Cookies are disabled.
Please refer to our privacy policy for more information.
9. Privacy Policy
Your use of the Site is also governed by our privacy policy, which outlines how we collect, use, and protect your personal information. Please review it carefully.
Your use of the Site is also governed by our privacy policy, which outlines how we collect, use, and protect your personal information. Please review it carefully.
10. Links to Third-Party Sites
The Site may contain links to third-party websites or services not owned or controlled by Bchex. We do not endorse or assume any responsibility for third-party sites, content, or practices. Accessing these sites is at your own risk.
The Site may contain links to third-party websites or services not owned or controlled by Bchex. We do not endorse or assume any responsibility for third-party sites, content, or practices. Accessing these sites is at your own risk.
11. Disclaimer of Warranties
The Site is provided on an "AS-IS" and "AS AVAILABLE" basis. Bchex makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the accuracy or completeness of the content, or that the Site will be uninterrupted, error-free, or secure.
The Site is provided on an "AS-IS" and "AS AVAILABLE" basis. Bchex makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the accuracy or completeness of the content, or that the Site will be uninterrupted, error-free, or secure.
12. Limitation of Liability
To the fullest extent permitted by law, Bchex shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use or inability to use the Site, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, Bchex shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use or inability to use the Site, even if we have been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify, defend, and hold harmless Bchex and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including attorney’s fees, arising out of or in any way connected with your use of the Site or violation of these Terms.
You agree to indemnify, defend, and hold harmless Bchex and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including attorney’s fees, arising out of or in any way connected with your use of the Site or violation of these Terms.
14. Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its rules. The arbitration will be conducted online, and any decision rendered by the arbitrator(s) shall be final and binding. You agree to waive any right to a jury trial and to participate in a class action.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its rules. The arbitration will be conducted online, and any decision rendered by the arbitrator(s) shall be final and binding. You agree to waive any right to a jury trial and to participate in a class action.
15. Governing Law & Jurisdiction
These Terms and any disputes arising out of or relating to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located within Mecklenberg, North Carolina.
These Terms and any disputes arising out of or relating to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located within Mecklenberg, North Carolina.
16. Miscellaneous
(a) Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Bchex and supersede all prior or contemporaneous understandings or agreements except any customer subscriptions agreements.
(b) Waiver & Severability: The failure of Bchex to enforce any right or provision of these Terms will not be considered a waiver. If any provision is held to be invalid, the remaining provisions will remain in effect.
(a) Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Bchex and supersede all prior or contemporaneous understandings or agreements except any customer subscriptions agreements.
(b) Waiver & Severability: The failure of Bchex to enforce any right or provision of these Terms will not be considered a waiver. If any provision is held to be invalid, the remaining provisions will remain in effect.