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Disclaimer

Thanks for visiting Hirelect and welcome! PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (the “Terms”) PRIOR TO REGISTERING OR PURCHASING ANY SERVICES. These Terms shall constitute a binding legal agreement entered into by and between THE CATS OUT, LLC (“Hirelect”, “we”, “us”, “our,” and all derivatives thereof) and the party who procures services from this site (“you”, “your”, “user”, “employer”, “business”, “organization”), as of the first purchase of our services from our site.

First and foremost, you agree and acknowledge that by using Hirelect’s products or services, you will acquaint yourself with and ensure compliance with, without limitation, the Fair Credit Reporting Act (“FCRA”) and all other applicable federal, state and local laws connected to the procurement and use of the services provided by Hirelect in addition to these Terms and our Privacy Policy. Additionally, you understand and agree that within these Terms the section titles are not intended to be definitive expressions of the substance contained in each respective section, and therefore each section should be read carefully.

Next: because Hirelect has no control over your company’s hiring policies, procedures or practices, we accordingly cannot and will not provide assistance in any capacity whatever to you regarding your hiring decisions. By using our services, you expressly acknowledge and agree that you will not rely on Hirelect for any hiring advice, and any advice that may be rendered by us (whether electronically, in writing, orally or otherwise) is solely provided for purposes of general education, and is not intended to be legal advice or an editorial on any hiring decision(s) whatever. Hirelect strongly recommends you obtain experienced and qualified legal counsel for navigation of the complex world of hiring. Finally, in your use of our services as provided, although every effort is made to provide exceptional service, you nevertheless acknowledge and agree that we cannot represent or warrant the validity, accuracy, currency, completion or fitness of any information provided herein, for any particular purpose whatever, and that YOU ARE USING OUR SERVICES AT YOUR OWN RISK.

PLEASE NOTE: ADDITIONAL COSTS WILL APPLY TO SCREENING APPLICANTS WHO HAVE RECORDS IN NJ, NV, NY, TX, WY and VT.

Section I – Scope and Purpose of Terms of Use

Because of the protected nature of the information that may be gathered through use of the services offered by Hirelect, use thereof in any decision that may affect the rights and opportunities of a consumer or employee triggers your legal duty to follow certain procedures and policies as described in applicable local and state law as well as the federal FCRA in addition to obeying these Terms. If there is a conflict between these Terms and such aforementioned laws, the latter shall control.

As an employer, you certify that in using the information in a report generated by this website that: 1) in addition to being a legal employee of a legal business entity, you have a permissible purpose for ordering and using the report under the FCRA (15 USC 1681(b)(f)) and any applicable local and state rules, regulations, statutes, ordinances, case law, etc., 2) you have provided the required disclosures to the applicant or employee, 3) you have obtained the requisite written authorization and consent from the applicant or employee, 4) you will not use the information in the report in violation of any Federal, state or local equal opportunity law or regulation (i.e., you will not discriminate), and 5) if any adverse action is taken based upon a report, the applicant or employee will be given a copy of that consumer report and the FCRA summary of rights (15 USC 1681(b)(b)).

By virtue of being a visitor to our site, or purchasing any goods or services, you agree and acknowledge that you are not entering into any legal or professional advisory relationship or capacity with us, and we will not be acting in any such capacity or on your behalf, whether as consultant, adviser, agent, employee, independent contractor, or attorney. If you wish to receive advice, please contact the representative of your choice.

Section II– Definitions

  • Consumer Report : The primary service offered by Hirelect which contains various information on a consumer that is defined and described by the FCRA and all other applicable federal, state and local laws connected to the procurement of such reports. You further acknowledge and agree that this definition encompasses ‘Investigative Consumer Reports,’ as defined by local, state and federal law.
  • Hirelect : An insured Consumer Reporting Agency (CRA) that offers Consumer Reports through its website to retail businesses and private individuals.
  • Consumer : Any individual who may be the subject of a Consumer Report as obtained and sold by Hirelect, its subsidiaries, affiliates, officers, agents, and employees.
  • Employer : Any individual or entity who is an employer seeking a consumer report for purposes including employment, promotion, credit worthiness, tenancy, voluntary service or any other purpose where Consumers receive additional attributed rights and protection under the FCRA.

Section III – Rights and Duties of Parties

As described within the federal FCRA, there are restrictions placed upon the use of information contained in Consumer Reports without Consumer approval of those searches and you, as an employer, understand that all necessary documentation and licensure that may be required to legally utilize the service provided by Hirelect must be obtained and maintained prior to use of this site. Should this be unclear, we recommend you go to the FTC’s website to learn more before engaging our services.

As a part of any purchase of services, we will provide a copy of the federally mandated form titled “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA”, a copy of which is acknowledged as having been received. Moreover, additional forms may be provided to you as a convenience to you as part of our services, but under absolutely no circumstances shall the onus of complying with applicable local, state or federal law, or penalties for your non-compliance therewith, be switched to Hirelect.

  • You agree to:
    • Conform to all duties that are prescribed herein and elsewhere by law when using a Consumer Report provided by Hirelect. (If using our services in states such as California, Maine, Massachusetts, New York, Oklahoma, Washington state, and others, you must be follow certain additional rules in addition to the following small sampling of requirements):
      • Obtaining Consent from Consumer :You must obtain a specific authorization from the Consumer stating that the consumer is aware of the background screening that will take place. This specific authorization must be a separate page from any other application documents and must be CLEAR AND CONSPICUOUS. As indicated above, state and local law may have additional provisions or rules (see, CA Civil Code §1786.16).
      • Using Correct Pre-Adverse Action Letter : You will notify the Consumer as soon as is reasonable if a Consumer Report contains information that makes them ineligible for employment with your organization, and immediately provide the Consumer with the correct documentation at such a time as is mandated by the FCRA, local and state law (e.g., CA Civil Code § 1786.22) , including a physical copy of the ‘A Summary of Your Rights Under the FCRA’ document, and a ‘Pre-Adverse Action Letter’, explaining that the Consumer Report that contained the information that made the Consumer ineligible was provided by Hirelect, with the address and contact information of Hirelect provided.
      • Following Adverse Action Procedure : If the Consumer disputes the findings of the Consumer Report, you will send a new ‘Summary of Your Rights Under the FCRA’ document to the Consumer, as well as a ‘Final Adverse Action Letter’ explaining that the Consumer Report that contained the information that made the Consumer ineligible was provided by Hirelect, with the address and contact information of Hirelect provided.
    • Maintain and Remit Records :You will keep all ‘hard copies’ of original Consumer Reports and documents used in compliance with the FCRA, state, and local laws. At a minimum, a secured filing cabinet will be used to store such documents as mentioned above for a term of 5 years after the report is obtained by Hirelect. Furthermore, on request of Hirelect, you will remit clear and legible copies of all said documents used in compliance with the FCRA guidelines for tenancy, employment etc. Further, you agree that while using the services we provide you will maintain an appropriate infrastructure as to provide reasonable safeguards against unauthorized access and/or misuse of the Consumer Reports provided to you by Hirelect. Finally, you expressly agree that should your account with Hirelect be willingly or knowingly shared, you shall only share access with bona fide organization employees, agents, and representatives who strictly understand, acknowledge and agree to comply with all appropriate laws, the Privacy Policy and these Terms.
    • Not Defame : You will not add any comments, statements or otherwise alter the neutral Consumer Report provided by Hirelect that may degrade, slander, or otherwise cause mental grievance to the Consumer.

All content on this side is proprietary and confidential. No content may be used, sold, transferred, assigned, in whole or in part, without our prior written consent. Such content is protected by all applicable common-law and registered copyright protection. Any violation of this provision will allow us to bring an action for damages and/or injunctive relief without the necessity of posting a bond.

Section IV – Hold Harmless

Employers agree to indemnify and hold Hirelect, its subsidiaries, affiliates, officers, agents, employees and all applicable third parties (e.g. all relevant marketing partner(s), licensors, and licensees) harmless from any claim or losses, including costs, expenses and attorney’s fees, made by any third party arising directly or indirectly out of any improper or unauthorized use of the Consumer Report provided by Hirelect, its subsidiaries, affiliates, officers, agents, and employees, or violation of any rights of Consumer or any third parties to the maximum extent allowable by law. Hirelect will promptly notify you of any claim. In the event the service is not used in an appropriate manner, Hirelect reserves the right to seek all appropriate remedies at law or equity. Nothing in these Terms is a relinquishment or waiver of Hirelect’s rights and remedies.

Moreover, by using this site, you agree and acknowledge that Hirelect prohibits access of this site from physical locations outside the continental United States of America. ALL SERVICES REPRESENTED ON THIS SITE ARE HEREBY AND EXPRESSLY LIMITED TO THE CONTINENTAL UNITED STATES OF AMERICA, AND MAY NOT BE USED IN ANY STATES, TERRITORIES, COUNTRIES, OR EXTRINSIC THERETO.

Section V – Scope of Search and Fees

Before engaging Hirelect’s services, be sure to familiarize yourself with the respective scope of such services. Do not purchase a search unless you are clear about what is being searched. For your convenience, the particular scope of each service as offered by Hirelect is detailed elsewhere in this site (usually near the particular search with which it is concerned). For instance: under a “Known Alias Search” alias results uncovered by databases will not be automatically searched at the state courthouse level, but will only be presented in the report.

Moreover, please do not purchase a search unless you are clear on what, if any, additional ancillary costs are associated therewith. Such fees are multitudinously arrayed on this site. Be advised that many of Hirelect’s services have such fees; for example, when you engage Hirelect to obtain records from a state or federal courthouse, additional fees will arise for which you are responsible for reviewing prior to purchase.

In all cases, both of the aforesaid remain solely your responsibility, and Hirelect, its subsidiaries, affiliates, officers, agents, employees and all applicable third parties (e.g. all relevant marketing partner(s), licensors, and licensees) hereby expressly disclaim responsibility for any failure by you to observe your responsibility to understand the fee schedule. You will be billed for incidental fees regardless of your failure to note such fees.

Section VI – Payment

To use Hirelect’s services, you must first establish an account with us by registering your business with us to comply with, among other laws, the FCRA (and, by so doing, you expressly indicate that you are in fact legally authorized to enter this agreement with us). Fees are charged for use of the services provided by us are posted clearly on the ‘Products and Pricing’ page, and by purchasing the service, you agree to pay, in full, using a valid credit card, Paypal or other legitimate payment method and affirm your authorization to use said payment method. Hirelect reserves the right to stay or suspend your service due to any delinquent accounts receivable without notice. If you have any questions about the fee schedule and/or incidental fees charged as ‘pass-through’ fees, it is your sole responsibility to consult Hirelect’s fee schedules and address these concerns prior to purchase. YOU ARE RESPONSIBLE FOR ALL PURCHASES MADE ON YOUR ACCOUNT. If unauthorized use is suspected, you must take appropriate steps to notify Hirelect immediately.

Hirelect does not issue refunds. However, as prescribed by the FCRA, Hirelect will use reasonable efforts to provide accurate, complete and up-to-date information. HOWEVER, BY USING THIS SERVICE, YOU ACCEPT THAT THE CONSUMER REPORTS PROVIDED BY HIRELECT ARE PROVIDED “AS-IS”, AND THAT YOU UNDERSTAND THAT YOU ARE PAYING HIRELECT TO CONDUCT A SEARCH ON YOUR BEHALF, NOT TO RETURN ANY PARTICULAR RESULT. Unless Hirelect provides otherwise in writing, all aforementioned ‘pass-through’ fees and charges for the Consumer Report are non-refundable. Any issues, questions or concerns about a particular purchase must be raised within 15 days of purchase, and customer explicitly agrees to waive all issues, questions and concerns after such time.

Section VII – Force Majeure

Hirelect shall be excused from delay in performance of any obligations hereunder when such delay is the result of or attributable to acts of God, governmental authority, manufacturer’s delays, or any other cause beyond their reasonable control. By using our services you understand and agree that the reality of public record retrieval is that we cannot foresee with any certainty whether or not a given courthouse will or will not be open at any given day due to strikes, inclement weather closures or other incidents. Although we will do our best to keep you apprised of any issues we know of which we expect to delay our services, nevertheless, we do not makes any representation(s) as to the timeliness or availability of any services in any specific jurisdictions. Hirelect only states that we will take all reasonable and appropriate action to fulfill an order as promptly as the circumstances will allow.

Section VIII – Disputes

In the event of any dispute arising out of this agreement, venue will be in Greenville, South Carolina and the governing law will be the law of the South Carolina. By using Hirelect, Employer submits to the jurisdiction of the South Carolina judicial system unless the right of removal to federal court is exercised by either party.

The prevailing party in any action or proceeding to enforce the terms of this agreement, or for any breach thereof, shall be entitled to reasonable attorney’s fees and court costs.

This agreement sets forth the full and complete understanding between you and our company and supersedes all prior written or verbal understandings, representations, or agreements.

If any provision of this agreement is deemed unenforceable by a court of law, the remaining provisions shall remain in full force and effect.