Employment Screening Services ("ESS", "we", or "us") supports this web site (the "Site") to provide background screening (the "Services"). We hope you enjoy your visit!
Please also note that if ESS determines at any time that you have abused or violated any of the terms of this Agreement, ESS reserves the right to terminate your access to the Site and Services immediately without notice.
User Name, Password and Security: You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify ESS of any unauthorized use of your user name and Password or any other breach of security related to the Site. ESS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND THE USE OF YOUR USER NAME AND PASSWORD SHOULD YOU FAIL TO COMPLY WITH THIS AGREEMENT.
Eligibility: The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law.
In order to ensure that ESS is able to provide services that are responsive to client needs, ESS employees may need to access your accounts and records on a case by case basis to investigate complaints or other allegations or abuse. ESS shall not disclose the existence or occurrence of such an investigation unless required by law. The information you provide is the information that we will be capable of accessing.
General Disclaimer: THE SITE AND ALL SERVICES, CONTENT AND MATERIALS PROVIDED IN THE SITE, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE OF SUCH SITES, SERVICES, CONTENT AND MATERIALS IS AT YOUR OWN RISK. ESS DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED.
Limitation of Liability: IN NO EVENT WILL ESS, OR ANY OF ITS SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, MANAGERS, MEMBERS, AFFILIATES, OR OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, AFFILIATES, CONSULTANTS, ADVISORS, AGENTS OR ATTORNEYS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT THE SITE. THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THIS AGREEMENT AND ESS WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES ABSENT SUCH LIMITATIONS.
Prohibited Uses: You agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited.
Termination: ESS may terminate the Services and access to this Site at any time without notice in its sole discretion. We possess the right to refuse service at anytime. In the event of a termination, the General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws, and General Terms sections set forth in this Agreement shall survive. Users who violate this Agreement may additionally incur criminal and/or civil liability. ESS may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.
Proprietary Rights Software: You acknowledge and agree that the Services and any ESS software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the web interface or telephone access numbers that may be provided by ESS for use in accessing the Services.
Trademarks: The trademarks appearing on the Site, including those of ESS, are the property of their respective owners. ESS trademarks may not be used without the express written permission of ESS. No logo, graphic, sound, image, or animation from the Site may be copied or retransmitted unless expressly permitted by ESS. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
Copyright: All materials on the Site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. ESS’ materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without ESS’ express written permission except that you may download one copy of the Content for your personal, noncommercial use, provided that all copyright and proprietary notice are displayed on such downloaded content. All rights not expressly granted herein are reserved by ESS. If you are aware of any copyright violations on the site, please contact email@example.com.
Indemnification: You will indemnify and hold harmless ESS, and its service providers, and each of their employees, managers, members, officers, directors, shareholders, partners, affiliates, consultants, advisers, agents and attorneys (collectively, the “ESS Indemnified Persons”), and shall reimburse the ESS Indemnified Persons for, any loss, liability, claim, damage, expense (including costs of investigation and defense and reasonable attorneys’ fees and expenses) (collectively, “Damages”), arising from or in connection with: (a) your breach of any provision of this Agreement; (b) your use of the Services and/or the Site; (c) any content or information that you provide to ESS or by use of the Services and/or the Site; (d) your infringement of any intellectual property or other right of any person or entity; or (e) enforcing this indemnity.
Notice: All notices to a party shall be in writing and shall be made either via e-mail or U.S. mail. Notice shall be deemed given 24 hours after an e-mail that is not returned to the sender is sent, or 3 days after deposit in the U.S. mail, to you at the address provided by you upon registration and to ESS at the address set forth below.
Changes to Site and Services: ESS reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or Content. ESS may also impose limits on features or restrict access to parts of the Site.
Applicable Laws: Both you and ESS agree that the statutes and laws of the State of Alabama, without regard to the conflicts of laws principles, will govern all matters relating in any way to this Agreement or to your use of the Site.
General Terms: If any provision(s) of the Agreement is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ESS’ failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement will be effective only if expressly made in writing and signed by ESS.