Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

Welcome to Freebackgroundcheck.org, a public records search service provided by FreeBackgroundCheck.org (“we”, “us”). By indicating your acceptance of the following terms of service agreement (“Terms”), you agree to be bound by and comply with its terms. Accordingly, you should review these Terms thoroughly. If you do not agree to comply with the terms of these Terms, you should not indicate your acceptance of it, and should not use Freebackgroundcheck.org. You cannot purchase Freebackgroundcheck.org services until you have indicated your acceptance of these Terms.

We may revise and update these Terms from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information. Otherwise, you may view the most recent Terms on the Freebackgroundcheck.org website.

Registration

You must be 18 years of age or older to use Freebackgroundcheck.org and purchase any Freebackgroundcheck.org services. Any offers of sale are only intended for individuals who are 18 years of age or older. By using Freebackgroundcheck.org or purchasing Freebackgroundcheck.org services, you affirm that you are 18 years of age or older.

You agree to provide accurate, current, and complete information during the registration process (“Registration Information”). You are solely responsible for maintaining the security of your Registration Information, and for any and all use of your account.

You agree to indemnify, defend, and hold us harmless for damages or losses incurred by you or another party due to any access to or use of your account, or any information contained therein, by a third party, whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized disclosure of your account information or order numbers by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.

Billing Policies; Cancellation

Billing Policies

Payment of fees for purchases of Freebackgroundcheck.org services must be made with current and valid payment method information (“Payment Information”). If your Payment Information is insufficient, or not accurate, current, and complete, and you do not notify us promptly when such information changes, we may refuse your use of Freebackgroundcheck.org and, where applicable, suspend or terminate your subscription.

Fees will be billed to the payment method provided as part of your Payment Information. For subscriptions, fees will be billed on a recurring monthly basis. For single report and one-time billing package purchases, fees will be billed on a one-time basis.

You agree and understand that, except as may otherwise be indicated, you will be billed whether or not any report you purchase yields any results, and whether or not the results contain incorrect information or no information at all.

Trial Periods

We may offer you access to either free or paid trial uses of Freebackgroundcheck.org services. If you choose a paid trial, the trial fee will be immediately billed to the payment method provided as part of your Payment Information. Your subscription will begin following the expiration of the free or paid trial period, and fees for your subscription will be billed to the payment method provided as part of your Payment Information on a recurring monthly basis.

Cancellation

You may cancel your Freebackgroundcheck.org account and subscription at any time. To cancel your trial subscription before incurring your first recurring charge, or to cancel your full paid subscription, use the “Cancel” option on the Account Details page of your account. You may also cancel your account by contacting us at (800) 759-1827, 7 days a week between 8:00 AM and Midnight EST, or via email at support@freebackgroundcheck.org. Please note that subscription fees are billed monthly in advance; we will not refund the unused portion of your monthly subscription.

License and Conditions of Use

Conditioned on your compliance with these Terms and fulfillment of any applicable payment obligations, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use Freebackgroundcheck.org. We reserve all rights of ownership in and to Freebackgroundcheck.org not expressly granted to you.

You may not use Freebackgroundcheck.org or any information or data you may receive through use of Freebackgroundcheck.org (“Data”) in any manner that violates any applicable law or regulation, or in any manner inconsistent with these Terms. Specifically, you agree that you shall not use Data to engage in stalking or harassing of any individual, requesting information under false pretenses, or identify theft. You further agree that you shall not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify Freebackgroundcheck.org in any manner or form, (iii) copy, distribute, or create derivative works based on the FreeBackgroundCheck.org Content (as defined below), (iv) exploit the FreeBackgroundCheck.org Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey Freebackgroundcheck.org or any elements thereof.

Your violation of any terms of these Terms may result in automatic termination of the licenses granted hereunder and your right to use Freebackgroundcheck.org. We reserve the right at any time to modify or discontinue, temporarily or permanently, Freebackgroundcheck.org (or any part thereof) with or without notice. We will not be liable to you or to any third party for such termination or modification.

Available Searches

The searches available to you are determined by the trial period or subscription level you choose. They may include Background Report, Arrest/Warrant Search, Criminal Records Search, Sex Offender Search, People Search by Name, People Search by Address, Reverse Phone Lookup, Reverse Email Lookup, Reverse IP Search, Birth Records Search, Marriage/Divorce Records Search, Death Records Search, Inmate Search, Relative Search, Neighborhood Check, Property Records Lookup, Asset Search, and Business Name Search. Please note that the available searches may change without notice.

You agree and understand that the availability of a search does not necessarily mean the resulting report will yield correct or relevant results, or any results at all.

FCRA Notice

FreeBackgroundCheck.org is not a “consumer reporting agency” as defined under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., as amended, and the Data or other information in our databases has not been collected in whole or in part for the purpose of furnishing “consumer reports,” as defined by the FCRA. The Data or other information provided on Freebackgroundcheck.org has been obtained by us as a result of being publicly available to us for our possession, use and dissemination. You are EXPRESSLY PROHIBITED from using Freebackgroundcheck.org or any Data to determine an individual’s suitability for: (1) Employment, promotion, reassignment or retention; (2) Insurance; (3) Personal credit; (4) Education, scholarships or fellowships; (5) Housing or other accommodations; or (6) Any benefits, privileges or services provided by any business establishment. You agree and acknowledge that your use of Data for any such purpose may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless FreeBackgroundCheck.org and its parents, subsidiaries, officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third party claims, demands, expenses (including reasonable attorneys’ fees) or liabilities of whatever nature of kind, due to or arising out your use of Freebackgroundcheck.org or Data in violation of the FCRA.

DPPA Notice

Prior to conducting a motor vehicle records search and/or accessing the results of any motor vehicle records search, you will be required to select the purpose of your use of such records from the list of purposes permitted under the Driver’s Privacy Protection Act of 1994 (“DPPA”), 18 U.S. Code § 2721 et seq., as amended. You understand, agree, acknowledge, and affirm under the penalty of perjury under 28 U.S.C. 1746 that you may only request, obtain, and use motor vehicle records made available through Freebackgroundcheck.org for a permitted purpose. You understand, agree, and acknowledge that your use of motor vehicle records for any purpose other than a DPPA permitted purpose listed above may subject you to criminal fines for non-compliance and to civil liability in the form of a private right of action, including actual and punitive damages, as well as attorneys’ fees. You agree to indemnify, defend, and hold harmless FreeBackgroundCheck.org and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third party claims, demands, expenses or liabilities of whatever nature of kind, due to or arising out your violation of the DPPA.

Copyrights and Trademarks

Except with respect to images that are in the public domain or otherwise publicly available, Freebackgroundcheck.org and its content, including but not limited to any and all text, graphics, images, photographs, and computer code (collectively “FreeBackgroundCheck.org Content”) is owned by FreeBackgroundCheck.org and/or its related companies or licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. FreeBackgroundCheck.org and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the FreeBackgroundCheck.org Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You may not use the FreeBackgroundCheck.org Content in any way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the FreeBackgroundCheck.org Content. You may not to alter or delete any proprietary notices from FreeBackgroundCheck.org Content downloaded or printed from Freebackgroundcheck.org.

Freebackgroundcheck.org and the Freebackgroundcheck.org logo are trademarks of FreeBackgroundCheck.org and/or its related companies, and any use of such marks without prior express written permission is hereby strictly prohibited.

Representations And Warranties

You represent and warrant that (i) all Registration Information provided by you is correct and current, and (ii) your use of Freebackgroundcheck.org and Data will comply with all applicable laws, including but not limited to the FCRA and DPPA, and will not violate the rights, including intellectual property rights, of any third party.

Disclaimers

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, FREEBACKGROUNDCHECK.ORG PROVIDES ALL SERVICES AND INFORMATION “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FREEBACKGROUNDCHECK.ORG MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, FREEBACKGROUNDCHECK.ORG DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.

FREEBACKGROUNDCHECK.ORG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, FREEBACKGROUNDCHECK.ORG. YOUR USE OF FREEBACKGROUNDCHECK.ORG IS SOLELY AT YOUR OWN RISK.

The information presented on Freebackgroundcheck.org is sourced from records made freely and publicly available by state and local offices, agencies, or departments. FreeBackgroundCheck.org does not warrant or guarantee that the information presented is current or accurate, and you therefore should not use Freebackgroundcheck.org to verify any individual’s arrest, booking, or criminal records. For the most recent information regarding any record presented on Freebackgroundcheck.org, contact the relevant state or local office, agency, or department. ALL INDIVIDUALS APPEARING ON Freebackgroundcheck.org ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.

FreeBackgroundCheck.org is not affiliated with the United States Government or any federal or state government agency

Limitation of Liability

FREEBACKGROUNDCHECK.ORG IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR FREEBACKGROUNDCHECK.ORG, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH FREEBACKGROUNDCHECK.ORG OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF FREEBACKGROUNDCHECK.ORG OR DATA, OR FROM THE CONDUCT OF ANY USERS OF FREEBACKGROUNDCHECK.ORG OR DATA, WHETHER ONLINE OR OFFLINE.

FREEBACKGROUNDCHECK.ORG, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY DATA OR OTHER INFORMATION MADE AVAILABLE VIA FREEBACKGROUNDCHECK.ORG. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.

OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF FREEBACKGROUNDCHECK.ORG WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.

Indemnification

You agree to indemnify, defend, and hold harmless FreeBackgroundCheck.org and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third party claims, demands, expenses (including reasonable attorneys’ fees) or liabilities of whatever nature of kind, due to or arising out of your use of Freebackgroundcheck.org, the Data, your violation of these Terms, or your violation of any rights of another.

Termination

We reserve the right to terminate or restrict your account and/or access to Freebackgroundcheck.org for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of these Terms. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of Freebackgroundcheck.org. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.

Arbitration

Any dispute concerning FreeBackgroundCheck.org, any Freebackgroundcheck.org services, Data, or these Terms will be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys’ fees, in addition to any other relief the party may obtain.

General Conditions

These Terms constitute the entire agreement between you and us, and governs your use of Freebackgroundcheck.org, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in these Terms will not constitute a waiver of that provision or any other provision of these Terms.

Contact Us

If you have any questions or concerns about these Terms or wish to contact us for any other reason, please click here to contact us.

Privacy Policy

This Privacy Policy is intended to inform you about the types of information gathered by FreeBackgroundCheck.org (“we” or “us”) when you use the Freebackgroundcheck.org public records search service, how we use and safeguard that information, and the degree to which you may control the maintenance and sharing of your information.

We may update this Privacy Policy from time to time. If you are a registered user of Freebackgroundcheck.org, we will attempt to inform you of any material changes by email. Otherwise, you may always view the most recent Privacy Policy on Freebackgroundcheck.org. Your continued use of Freebackgroundcheck.org constitutes your agreement with the existing and updated policies.

Information Collection

When you use Freebackgroundcheck.org, we will not collect any personally identifiable information about you unless you choose to provide such information to us.

If you choose to purchase Freebackgroundcheck.org services, we will ask you to provide certain personally identifiable information such as your name and email address, as well as credit card or other payment information and a billing address. We use this information as required to provide you with the Freebackgroundcheck.org services you have requested.

All personal financial information required to complete your purchase will be securely collected for purposes of processing payments and completing transactions. In some cases we may securely provide this personal financial information to a third party vendor who provides us with payment processing services.

For your convenience, we collect and store your Freebackgroundcheck.org search history. We collect this solely to make it available to you in the Search History page of your Member’s Area and to send you promotional offers regarding search results and additional suggested searches. We do not share your search history with any third parties, except in the circumstances described in the Disclosure provision below.

For sites that offer motor vehicle record searches, we retain records of your search for five years as required by the Driver's Privacy Protection Act of 1994 (DPPA).

Analytics

We may automatically and through third-party tracking services (e.g., Google Analytics) gather certain non-personally identifiable information about your use of our websites and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamps, and related data. We use this information, which does not identify individual users, solely to improve the quality of our products and services. Out of respect for your privacy, we do not link this automatically-collected data to personally identifiable information.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use both session ID cookies and tracking cookies. We use session cookies to make it easier for you to use Freebackgroundcheck.org. A session ID cookie expires when you close your browser. We use tracking cookies to better understand how you use Freebackgroundcheck.org, and to enhance your user experience. A tracking cookie remains on your hard drive for an extended period of time. You are free to decline cookies, but by doing so, you may not be able to take full advantage of all of our offerings. We do not link the information we store in cookies to any personally identifiable information you submit while using Freebackgroundcheck.org.

California Do Not Track Notice

FreeBackgroundCheck.org does not track its users over time and across third party websites, and therefore does not respond to Do Not Track signals sent by your browser or mobile application. FreeBackgroundCheck.org does not authorize the collection by third parties of personally identifiable information from Freebackgroundcheck.org users.

Information Use and Disclosure

Notifications & Opt-Out

If you choose to purchase Freebackgroundcheck.org services, we will send you a welcome email including information about your purchase and account. You may also choose to receive periodic emails notifying you about new or upcoming FreeBackgroundCheck.org products or services, information about changing or updating your registration or payment information, changes to our Terms of Service and Privacy Policy, and promotional materials and offers from our company as well as from our subsidiaries, marketing partners, advertisers and other third parties. Out of respect for your privacy, if you no longer wish to receive these emails, you may opt-out of receiving them as instructed in each email. Be advised, however, that you may not opt-out of receiving emails from us related to technical support or customer services requests, or changes to the Freebackgroundcheck.org Terms of Service or Privacy Policy.

As a courtesy, we also provide you with a method of removing certain information about you from Freebackgroundcheck.org search results. Please click here to view our Data Removal Policy.

Disclosure

We understand how highly our users value the privacy and security of their personally identifiable information. We will disclose information collected from and about you to the following entities for the following purposes: (1) to our related companies, service providers and suppliers, to enable them to fulfill a product or service request or to perform a business, professional or technical support function for us; (2) as necessary if we believe that there has been a violation of our Terms of Service or of our rights or the rights of any third party; and (3) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.

If you choose to receive communications from our marketing partners, advertisers, or other third parties, we may sell, rent or lease your personal information to those parties. You may always opt-out of receiving communications from these parties as explained elsewhere in this policy.

Should you forget your account login information, you may request that we send it to the email address associated with your account. To prevent unauthorized disclosure of and access to your account and search history, you should take steps to keep your email address and account information secure.

Business Transitions

In the event FreeBackgroundCheck.org goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, any personally identifiable information we have on record will likely be among the assets transferred. The transferred personally identifiable information will remain subject to the provisions of this Privacy Policy or any subsequent updated versions.

Links To Third Party Sites

Freebackgroundcheck.org may contains links to third party websites. These sites may have their own terms of service and privacy policies which do not apply to FreeBackgroundCheck.org or Freebackgroundcheck.org.

Information Security

We employ encryption and other security measures to protect the loss, misuse, and alteration of the information under our control. We take commercially reasonable steps to protect this information by using secure-socket-layer (“SSL”) to protect the transmission of such information. However, please be advised that while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent unauthorized access from occurring. Please take steps to maintain the security of your account information.

Contact Us

If you have any questions or concerns about this Privacy Policy or any FreeBackgroundCheck.org product or service, please click here to contact us.

Effective Date: March 29, 2017

OPT-OUT POLICY; DATA REMOVAL REQUESTS

We understand that you may not want your information to appear on this website, so we offer a simple process for you to request that we remove that information. Before you submit your request, you should first understand where your information comes from and how you can correct errors and/or remove it from its source.

Removing Your Information From Its Source

We obtain public records from official public records custodians or repositories such as state and local offices, agencies, courts, and departments. These custodians make records available upon request to the general public. If you want to correct or remove your official public record, or make your official public record unavailable for public access, you will need to contact the relevant state or local office, agency, court, or department to make your request. The process by which you may request for your official public record to be corrected, removed, or made non-public may vary, so please check with the relevant state or local office, agency, court, or department for details.

Removing Your Information From Our Search Results

As a courtesy, you may opt-out of having your information appear in search results on this website. When you submit your written request to our Data Management Department as explained below, we will remove your identifying information such as your name, address, and phone number from our databases. Remember, this process does not remove your information from available public records, it only removes it from this website.

It is vital that we can confirm your identity so we may locate and remove the correct information from our databases. For us to do this, we require that all data removal request forms are accompanied by official proof of identity, such as a state issued ID or a driver's license. This will ensure that we have fully matched the information you would like removed with the information stored on our databases. Please be sure to obscure or redact your photo and ID/driver's license number prior to sending us the copy of one of these documents.

We understand that you may have some security concerns when sending us your information. We wish to reassure you that we abide by very stringent security protocols. All information you provide through the data removal request process is ONLY used for the purposes of removing data from our databases. The information you submit to us is not stored, shared, sold, or used for any marketing purposes. It is used strictly to facilitate your data removal request.

Please print and complete the Data Removal Request form available at opt_out_form.pdf

Be sure to include any of the following reasons for your request:

  1. You are a state, local or federal law enforcement officer or public official and your position exposes you to a threat of death or serious bodily harm.
  2. You are a victim of identity theft.
  3. You are at risk of physical harm.
  4. You have evidence the record is incorrect or expunged.

To help us locate the information you wish to be removed/withheld, you may provide us with the location of the data in question in a form of website/URL link.

Please fax or mail your Data Removal Request along with your proof of ID and copies of any applicable court orders to:

Fax: (617) 507-0410 (This fax number is for data opt-out requests ONLY. The Opt Out Compliance Department does not manage any customer related issues)

Opt Out Compliance Dept.
PO Box 130369
Boston, MA 02113

Please allow upwards of 30 days for us to fully process your Data Removal Request.

Please note: We currently do not process Data Removal Requests by email or over the phone. We may not be able to process incomplete requests which are missing proof of identification and/or vital information such as name, address and date of birth.

What Happens Next

Once we have processed your Data Removal Request, the information you have provided will no longer appear in our databases. Although most information is usually removed or blocked permanently, we do not guarantee the information will not be available again in the future in some other form, as we are not in direct control of the information distributed and obtained from official public records/government or third party sources. It is for this reason that we recommend you contact the custodian of the original record to request that it be removed or corrected.

In addition, we have no control over any information displayed by other online public records vendors, and your Data Removal Request will not remove information from third party websites or search engines.

Finally, be aware that even after we have removed a record in response to your request, that record may continue to appear in search engine search results until the search engines (Google, Bing) re-index our site. We have no control over how quickly that re-indexing takes place. You may wish to request that those search engines remove the outdated results.

Google: https://www.google.com/webmasters/tools/removals
Bing: https://www.bing.com/webmaster/help/bing-content-removal-tool-cb6c294d

FCRA Notice

We are not a "consumer reporting agency" as defined by the FCRA, as we do not provide any data for use in credit, insurance, or employment screening. We explicitly prohibit the use of our service and the data it supplies for such purposes.