iReviewNow Terms and Conditions
Welcome to www.iReviewNow.com (“Site”). By using the Site and the software available through this Site you agree to the following Terms and Conditions:
1. I agree that, subject to these Terms and Conditions, iReviewNow, LLC (“iReviewNow”) hereby grants me a non-exclusive, non-transferable license for me in order to use the software provided through the Site: (i) to access and use the Site; (ii) to access and use content generated through or available on the Site; and (iii) communicate with Und Users or Providers through the Site. All rights not explicitly granted in this license grant are reserved by iReviewNow. I agree that I will not use the Site in any manner inconsistent with these Terms. In addition, I agree not to:
2. I agree that iReviewNow and its licensors own all right, title and interest to the Site, all technology included therein and all derivatives thereof and intellectual property rights related thereto. iReviewNow shall also have sole ownership of all IP addresses and internet addresses provided by iReviewNow to access the Site, all passwords used to access or use the Site and all modifications, ideas, concepts or recommendations provided by User to iReviewNow. This Agreement does not convey or transfer any ownership rights in any service, technology, the Site or any content included therein. The iReviewNow name, logo, and trade names are trademarks of iReviewNow and no right is granted to use them except as granted herein.
3. I agree and understand that iReviewNow is a software provider, not an employer or Consumer Reporting Agency as defined by the Fair Credit Reporting Act (“FCRA”). I understand that the consumer reporting agency (“Provider”) who prepared my report and the organization requesting my report (“End User”) are identified in my report or in my authorization agreeing to a background check.
4. I agree to review the complete background or consumer report about me for accuracy and completeness by exclusively using the Site as provided by iReviewNow. I agree to go to the Site to view my report. I further agree to use the Site to answer questions, and dispute any misleading, inaccurate or incomplete information within five business days from the first text, email message, or notice that my report is completed (hereafter “Agreed Time”).
5. The End User, Provider, and iReviewNow are instructed to not mail any information or copies of reports to me as I will use the Site to receive and review my background report.
6. I authorize all notices, letters, reports, consumer rights, and other communications to be transmitted to me on the Site. I certify that I am providing an active email address. I certify that, if I have provided a cell phone number, it is active and able to receive text messages. I agree that iReviewNow may send text messages to any cell phone number which I have provided. I understand that if I fail to review or dispute any information in my report within the Agreed Time, the report may be published to the End User, background screening provider, and/or iReviewNow.
7. I understand that iReviewNow does not make any employment decisions for the User or Provider. I hereby release and forever hold harmless iReviewNow, the Provider, and the User for providing me my report through the Site. I agree to go to the Site to register for automated notification of my report or to view the report when notified.
8. I agree that I am responsible for the security my account containing my the report on the Site. I am responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and am fully responsible for all activities that occur under my password(s). If I choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, I will treat such information as confidential, and I must not disclose it to any other person or entity. I also acknowledge that my account is personal to me and agree not to provide any other person with access to this Site or portions of it using my user name, password or other security information. I also agree to ensure that you exit from my account at the end of each session. I will use particular caution when accessing my account from a public or shared computer so that others are not able to view or record my password or other personal information. I agree to notify iReviewNow immediately of any unauthorized use of my password(s).
9. The information I have entered to view my report is my personal information and is accurate.
10. I acknowledge it is a crime to use another person’s information for any reasons, including, but not limited to gain access to another person’s consumer or background report.
11. I agree to review the background or consumer report and answer all questions truthfully in iReviewNow to ensure the accuracy and completeness of my report.
12. I agree that all notices, such as pre-adverse action and post-adverse action letters, and my rights as defined by the FCRA and similar laws may be transmitted to me through the Site or email.
13. I understand and agree that my report, answers, and all previous information provided by me will be retained by the Site for 7 years.
14. I further agree that I may terminate this agreement in writing to iReviewNow by contacting iReviewNow, LLC – 2001 Drayton Drive, Tallahassee, FL 32311. I understand that if I terminate this agreement all previous information provided by me or about me will continue to be reported to the authorized end user, but will include a statement, “Subject opted out of using iReviewNow.”
15. I understand that I am not waiving any rights provided to me by the Fair Credit Reporting Act, state, local, or other federal laws by agreeing to use iReviewNow.
16. I agree to submit color copies of sufficient quality of official government identifications upon request to verify my identity.
17. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SOFTWARE PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. YOUR USE OF THE WEBSITE AND ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. IREVIEWNOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IREVIEWNOW MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B)THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. IREVIEWNOW SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. We cannot guarantee or warrant that such files available for downloading will be free of viruses or other destructive code. I agree that I am responsible for implementing sufficient procedures and checkpoints to satisfy my particular requirements for anti-virus protection and accuracy of data input and output. IREVIEWNOW RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
18. IN NO EVENT SHALL IREVIEWNOW, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. I agree to defend, indemnify and hold harmless iReviewNow, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, judgments, awards, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with my access to, or use of, the Site, information obtained from the Site, and violations of these Terms and Conditions.
20. SEVERABILITY. If one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The invalid or unenforceable part or provisions shall be replaced with a provision that accomplishes, to the extent possible, the original business purpose of such part or provisions in a valid enforceable manner.
21. I agree that Sections 1, 2, 3, 9, 13, 17, 18, 19, and 22 of these Terms and Conditions shall survive the expiration, cancellation and termination of these Terms and Conditions for any reason.
22. All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Florida. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Tallahassee, Florida. You and iReviewNow. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
23. I understand and agree that these Terms and Conditions constitute the entire agreement between me and iReviewNow and they supersede all prior or contemporaneous communications and proposals; whether electronic, oral, or written; between the me and iReviewNow.
24. I affirm that I have read and understand these Terms and Conditions, been fully advised, have had ample opportunity to seek and obtain legal advice, and voluntarily agree to use the Site.