Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by the Terms of Use. If you do not agree with any of the Terms of Use below, do not access or otherwise use this Site. American DataBank reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification. The Terms of Use apply to all users of this Site.


Legal Restrictions on Use of Information

You agree to provide true, accurate and current information about your company and yourself as prompted by the registration and customer service agreement forms on this Site. If any information you provide is untrue, inaccurate or not current, or if American DataBank has reasonable grounds to suspect that such information is untrue, inaccurate or not current, American DataBank, in its sole discretion, has the right to reject, suspend or terminate your application and refuse all current or future access to the Site and use of the services or suspend or terminate any portion thereof. Further, you agree that American DataBank will not be liable to you or any third party if American DataBank suspends or terminates your access to the Site or services for any reason. Information obtained from this Site is governed by federal and state privacy laws, government regulations and American DataBank's information usage policies. By using this Site, you agree to limit your use of information obtained from the Site to the purposes for which you obtained it. Furthermore, you agree that you will not use information obtained from the Site to make any decisions regarding to physically harm, harass, intimidate, defraud, or represent yourself as another individual. Violation of these terms will result in your immediate termination without prior notice. The Personal Information made available through this Site is governed by the federal Fair Credit Reporting Act ("FCRA") (15 U.S.C. §1681 et seq.), enforcement of which is administered by the Federal Trade Commission ("FTC"). This Site only discloses Personal Information that relates to the individual requested the information, authorized employer or his/her legal representative. Obtaining or attempting to obtain Personal Information about another individual without Disclosure and Release Form violates the FCRA and will result in immediate termination and a referral for investigation to the FTC.


Disclaimer of Warranties and Limitation of Liability

Information and products or services offered on this Site are provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

In no event will American DataBank warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information, products, or services on this Site.

YOU UNDERSTAND AND AGREE THAT AMERICAN DATABANK AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES EVEN IF AMERICAN DATABANK OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICES, CONTENT OR SOFTWARE, ANY USE OR RELIANCE ON ANY LINKED WEB SITE OR ANY OTHER MATTER RELATED TO THE SERVICES OR CONTENT. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON AMERICAN DATABANK, THEN YOU AGREE THAT AMERICAN DATABANK'S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM AMERICAN DATABANK'S ACTS OR OMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO AMERICAN DATABANK UNDER THIS AGREEMENT FOR THE SERVICES DURING THE YEAR PRECEDING THE ALLEGED BREACH BY AMERICAN DATABANK OF THIS AGREEMENT.

• Governing Law

  These terms and conditions are governed by the laws of Colorado without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction and venue of the courts in Denver County, Colorado. This agreement constitutes the entire agreement between American DataBank and your company, and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect

Responsibility for Passwords/User ID Protection and Use:

To obtain the services offered on the Site, American DataBank will provide password and User ID upon completing the registration process. You agree to maintain the confidentiality of your password and User ID and are fully responsible for all transactions using your password or User ID. You agree that under no circumstances will you provide your password or User ID to a third party. You agree to immediately notify American DataBank of any unauthorized use of your password or your User ID or any other breach of security, and to exit from your account at the end of each session. American DataBank cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.



Where do we get our information?

Every local, state, and federal government agency compiles records that are available under various open record laws. With a few common exceptions to protect personal privacy, any citizen can access any of these records if they know where to look. American DataBank simply compiles many of these records into searchable databases to provide information needed to verify a person's identity and credentials or a business's capabilities. All of the information we provide is in full accordance with state and federal privacy laws and our own industry-setting privacy protection policies.




Our Turnaround Guarantee Policy
(for pre-employment screening only):

If we do not return the domestic criminal report within 96 hours excluding Weekend and Holidays and uncontrollable causes*, the search you requested will be FREE of CHARGE. Knock on wood, fortunately, we have not used this policy yet. *Such as War, Riot, Flood, Hurricane, Tornado, Terrorism, Court Strike and Earthquake.



Disclaimer
 
Our customers shall be harmless from and against any and all liabilities and costs, which may be assessed against American DataBank.

About Sources

American DataBank distributes public-record and non-public information obtained directly from government entities or from reputable third parties who have compiled such information from governmental entities. Since all of the information that American DataBank provides comes from public records, we are not in a position to correct alleged inaccuracies in the data.

Our commitment to furnish users with reasonably accurate reproduction of information in public record information systems does not permit alteration of the substantive content of public record information products or services. However, when contacted by an individual concerning an alleged inaccuracy about that individual, American DataBank will inform the party who provided the information.