Owens OnLine®

Credit Reports and Background Checks in over 250 Countries and Territories

Trust, But Verify®

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Owens OnLine, Inc.

10012 N. Dale Mabry Highway Phone:+1 813.877.2008
Suite B-101 Toll Free (US):  1 800.745.4656
Tampa, Florida 33618 Fax:+1 813.877.1826
USA Email:email@owens.com
  Web:www.owens.com

Owens Europe GmbH

(Munich Sales Office)
Landshuter Allee 8-10
D-80637 Munich
Germany  
(HQ and Production Office)
Medipark 1
D-83088 Kiefersfelden
Germany  

Owens Asia, Inc.

Philexcel Business Center 3
MA Roxas Highway, Clark Freeport Zone
Pampanga 2023  
Philippines  
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Terms and Conditions

PLEASE READ VERY CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE OR ITS PRODUCTS, SERVICES AND INFORMATION. IF YOU DO NOT WISH TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.


Owens OnLine®

Revised — November 02, 2012

TERMS AND CONDITIONS

Owens OnLine, Inc., on behalf of itself, its officers and employees ("OOL"), operates a website that provides a variety of information products, which include business and personal credit reports, AML/CFT/KYC reports, background investigations and employment screening services, internationally and within the United States (the "Service").

User ("Client") wishes to obtain information on people and/or businesses through the Service.

Now, therefore, OOL and Client agree as follows:

OOL Obligations

The Service will provide Client with information furnished to OOL by third party agents/sources, in-country agents/sources or a combination thereof.

Client Obligations

Client will comply with the terms set forth in this agreement.

Client will pay for the Services as set forth in the Payments and Pricing section of this agreement.

Prior to requesting Services, Client will carefully review each product's respective "About" link and order form (which may vary by country). Client understands that this information may not always apply to its specific request when a response or result is obtained.

Prior to requesting Services, Client and/or their end user will inform the subject in writing that either a consumer report or an investigative consumer report will be acquired and will obtain the subject's authorization in writing for said report.

Prior to requesting Services, Client and/or their end user will provide the subject a written summary of his/her rights (including the right for additional disclosures regarding the nature and scope of the investigation) in accordance with his/her country's respective data protection laws (e.g. FCRA for the USA, etc.) and relevant international data privacy protection laws.

Prior to requesting Services, Client and/or their end user will inform the subject that his/her personal data may be used to enable OOL and/or Client to perform said Services and that his/her personal information may be transferred to other countries.

Client will only use the information that is being requested for the purpose indicated in the order and will not use it for any other purpose without the prior consent of OOL. The Services are not provided or intended to be used for investigations or due diligence investigations of individuals without Client having in its possession (and warranting that it has in its possession) a release signed by the subject agreeing to research being done to support the order(s) placed by Client.

Client will comply with all Federal, State, Local and International laws and regulations applicable to the use of Services, including, but not limited to, FCRA disclosure and authorization requirements, adverse action provisions and international data transfer directives.

Client will utilize document disposal and/or destruction methods that render all data unintelligible and Client understands that OOL will do the same in accordance with the Federal Trade Commission.

Payments and Pricing

Client is responsible for each order that is placed on its account.

Client shall be charged for all Services at the rates set forth at the time each order is placed. However, OOL reserves the right to deny continuation of any order if unanticipated or unreasonable price fluctuations occur (e.g. agent pricing, currency fluctuations, etc.) and reserves the right to cancel any order (with an appropriate refund) if a commensurate source is not obtainable.

Pricing is subject to change without notice.

OOL will make its best efforts to keep prices as stable as possible through the course of a calendar year for the convenience of its clientele. However, agents' price increases, civil strife, large currency fluctuations, etc. may have a negative effect on pricing on a particular product. Conversely, agents' price decreases, improved repository efficiencies, large currency fluctuations, new sources, etc. may have a positive effect on pricing. OOL considers all these factors when making price adjustments.

Client will be responsible for charges resulting from Client's errors in inputting data, entering duplicate orders, and cancelling orders once processing has commenced.

Client understands that database retrieved reports are non-cancellable. Cancellations on freshly prepared reports must be received in writing within two (2) hours of receipt of the original order and must be approved by OOL.

Due to the customized nature of OOL's business, Client agrees that payments made by charge/credit/debit card can be debited at the time the Client's order is placed and not necessarily when delivery is made.

Non-payments, charge/credit/debit card charge-backs and/or refunds are not available and not acceptable for reasons including, but not limited to, report content, possible lateness, etc.

Reports over one day late will be charged at the next slower delivery time if one is offered.

Client Understanding

Client agrees and understands that information is derived from best source data OOL has found and/or has chosen to make available for each product. This may be information obtained from OOL's staff, third party agents/sources or in-country agents/sources or a combination thereof.

Client agrees and understands that product content may vary greatly due to numerous variables, some of which may be outside OOL's control (e.g. subject's unique history, available data, applicable laws, local search customs, source repository policies, organization's lack of cooperation, etc.).

Client agrees and understands that there are fees for services provided by OOL. Furthermore, there may be out of pocket costs that must be advanced by OOL, including, but not limited to, court fees, international vendor fees, etc.

Client agrees and understands that published delivery times vary by product and country and are an estimate based on the experience of previous orders – they are not a guarantee. If a product lists a delivery time range, the order is considered to be late on the day after the last date in the range, not the first date. Orders are subject to delays depending upon source(s) involved and other factors such as holidays, etc.

Client agrees and understands that status updates and ETAs may not be practical or observed in other countries and, if obtained, may lack the level of specificity commonly expected. OOL will track and follow orders and make its best efforts to obtain detailed status updates on Client reports where possible.

Client agrees and understands that OOL extends its best efforts in developing the best agent network in the world. However, OOL is not responsible for the internal management of its agents, its agent's employees and/or its agent's data sources.

Client agrees and understands that OOL will not knowingly obtain information in an illegal manner. Client understands that third party agents may follow laws and/or customs of their respective country, which may differ to that of the Client's respective country. OOL complies with the U.S. Foreign Corrupt Practices Act (FCPA) and the U.S. Fair Credit Reporting Act (FCRA) in acquisition and reporting of information.

Client agrees and understands that OOL will not render any opinions regarding report content (with the exception of business credit report opinions/scores where available) and Client will base its decisions on its own guidelines, policies and procedures. Any consultation and sample forms, which may be provided by OOL shall be provided for informational purposes only and OOL shall not be deemed to be providing legal advice. OOL advises that Client consult experienced counsel to ensure compliant procurement and use of OOL reports in connection with its particular credit, due diligence or screening program.

Data Security

Client is responsible for the creation, confidentiality and security of its password.

Client shall be responsible for all uses of its account, whether or not authorized by Client.

Client agrees to immediately notify OOL of any unauthorized use of Client's account or password.

Term of Agreement

This agreement shall be in full force and effect during such periods of time that OOL is providing Services for Client. Client agrees that if it is found to be in violation of any specifications of this agreement, OOL has the right to terminate Client's access to Services.

Modifications to Agreement

OOL reserves the right to modify these Terms and Conditions at any time and such modifications shall be effective immediately upon posting of the modified agreement to the website. Client agrees that they are entirely responsible for reviewing these changes when accessing this website or its products, Services and information, and understand that OOL Terms and Conditions may be updated from time-to-time with the last revision date being clearly shown at the top of the agreement. Continued use of any of OOL's Services after changes are made constitutes acceptance of this agreement as modified by the published changes.

Rights to Service

The Service is proprietary to OOL and all rights to the Service are proprietary to and reserved by OOL.

Warranty and Warranty Disclaimers

Client recognizes that information is obtained and managed by fallible sources. The information supplied to OOL by its vendors is "as is" and cannot be guaranteed to be error free. In requesting any Services, Client accepts that information/content cannot be guaranteed as accurate in that OOL, its agents or associates have no practical opportunity to audit or confirm all source data.

OOL uses commercially reasonable efforts to comply with all applicable laws, regulations, rules and standards of all governing jurisdictions and performs Services generally (but not necessarily in each and every instance) in a workmanlike manner according to industry standards. OOL requires its vendors to adhere to in-country laws and regulations.

Client also understands that processing of court record searches vary based on local laws, regulations and Client. The information provided by agents to OOL may be reflective of country variances. The quality of information gathered in one country cannot be used as a measurement for information gathered in another country; record keeping practices vary by country.

Although reasonable effort is made by OOL and its agents to ensure accuracy, OOL does not act as the final guarantor of the information accuracy or completeness.

Client understands OOL does not provide legal advice in the provision of its Services herein and Client acknowledges it is not obtaining from OOL nor relying on OOL for legal advice of any kind.

Client acknowledges and agrees that, except as expressly provided in this section, OOL makes no representation or warranty whatsoever, either express or implied (including, but not limited to, implied warranties of merchantability or fitness for particular purpose and implied warranties arising from the course of dealing or a course of performance) with respect to the accuracy, validity, completeness, uninterrupted availability, or suitability for Client's needs, of any information and/or consumer reports or other Services provided under this agreement, and OOL hereby expressly disclaims all such representations and warranties.

The representations, warranties, covenants and agreements contained in this agreement are for the sole benefit of the parties hereto and their heirs, executors, administrators, legal representatives, successors and assigns, and they shall not be construed as conferring any rights on any other persons.

Client agrees and understands that satisfaction of its obligations under this agreement and all applicable laws is the sole responsibility of Client, and that such obligations of Client are in no way conditioned or contingent upon the performance of OOL or any business or consumer reporting agency, end user, consumer or other third party.

Limitation of Liability

Client releases OOL and its agents, contractors, officials, representatives, or assigned agencies, including officers, employees, or related personnel both individually and collectively, from any and all liability for damages of whatever kind, which may, at any time, result to Client, Client's company, Client's heirs, family, or associates because of placement, processing, work performed, delivery and/or fulfillment of Services.

Client further agrees that the information will not be used as evidence or as a basis for any legal action. Client will not hold OOL responsible for potential or actual losses that may occur from any business decision made subsequent to the receipt of this report. This information is for Client's exclusive use. Client accepts that the content and amount of information may vary with each report depending on the situation OOL or OOL's agents may encounter and what information is available.

Errors and Auditing

If OOL discovers any errors/omissions in research, OOL shall send a supplement report updating and correcting such. OOL's agent identities are proprietary and not available for audit. However, if Client has a concern, it will be aggressively addressed.

Report Results

Results may vary widely by country, state/province, locale or repository/source according to differing laws, regulations, customs and internal policies, which may be inconsistent.

Searches are based on the exact search name provided. Other provided identifiers are also used when available.

Though name variations may be common in a particular country and some repositories and agents may search for name variations, no consistency or guarantee that variations will be searched is available without the commitment of an additional order for each name requested.

Many courts and some police agencies do not issue documents verifying a non-record. If such a document is available and is required by Client, additional charges may apply.

Searches are per jurisdiction unless otherwise indicated.

Force Majeure

OOL is not responsible for any events or circumstances beyond its control, including, but not limited to, wars, riots, embargoes, strikes or Acts of God, which prevent OOL from meeting its obligations.

Governing Law and Dispute Resolution

This agreement of Client's use of Services shall be governed solely by the laws of the State of Florida, USA and construed in accordance with the laws of the State of Florida, without effect to conflict of law principles.

In the event of any dispute between the parties, if the parties are unable to resolve the dispute after holding good faith and confidential discussions, then the dispute shall be submitted to binding arbitration conducted in Tampa, Hillsborough County, Florida, USA under the American Arbitration Association.

Notwithstanding the foregoing, each party shall be entitled to seek immediate injunctive relief to protect its confidential information.

Assignment

Client shall neither transfer nor assign this agreement, in whole or in part, without OOL's prior written consent, which shall not unreasonably be withheld.

Miscellaneous

If any provision of this agreement is held to be invalid or unenforceable under applicable law in any jurisdiction, the validity or enforceability of the remaining provisions thereof shall be unaffected as to such jurisdiction and such holding shall not affect the validity or enforceability of such provision in any other jurisdiction.

To the extent that any provision of this agreement is held to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited.

Notices

Any notice that is required or permitted hereunder shall be deemed given to OOL only if delivered personally or by registered or certified mail, return receipt requested and postage prepaid, or by nationally recognized overnight delivery services, addressed as follows: Owens OnLine, Inc., 10012 N. Dale Mabry Highway, Suite B-101, Tampa, Florida 33618 USA.