PINPOINT PRIVATE INVESTIGATIONS
Terms and Conditions of Use
This is a Legal Agreement
The Scope of Services We Will Provide
Pinpoint is an online provider of Fair Credit Reporting Act (“FCRA”) compliant nanny, pre-employment and tenant background checks. A background check may include criminal history, driving record, credit check, personal reference and education verification, sex offender, and Office of Foreign Assets Control (“OFAC”) searches. Pinpoint provides location services and asset checks to individuals and small businesses. Pinpoint also offers public records searches. However, these public records searches are not FCRA compliant.
Your User Account and the Information You Provide
For your protection and to protect the privacy of those individuals on whom you seek to obtain information, you will be required to authenticate your identity, including by providing your login credentials, each time you request access to your reports. You agree that if you are registering an account on behalf of an individual or an entity other than yourself, you hereby represent that you are authorized to create such an account and provide us with the required information.
You agree that any information you provide to us will be true and accurate. You agree that you will update the information if at any time it has become inaccurate. You understand that Pinpoint does not normally verify the truthfulness of the information you submit, and you agree that Pinpoint may rely on the information you provide. You agree that Pinpoint may maintain, delete, or destroy all communications or materials you provide to us according to our internal record retention and document destruction policies. You understand and agree that you are responsible for all activities using your user account. You agree that you are responsible for maintaining the confidentiality of the password you use to access your account. You agree to notify Pinpoint immediately if any unauthorized use of your password or account or any other breach of security occurs. You agree that you will exit your account at the end of each session to maintain security. You agree Pinpoint will not be liable for your failure to protect your password or account information.
Fees paid to Pinpoint for services may be paid up front or you may request to be billed at the end of the month. You may order individualized services or you may order a pre-set package from our Website. Please be advised that some searches require a court access fee which is not reflected in the price but will be assessed to you.
Once a request has been submitted and payment is processed, payment is FINAL AND NONREFUNDABLE. ANY REQUEST FOR A REFUND WILL BE SOLELY IN THE DISCRETION OF PINPOINT EXCEPT AS EXPLICITLY PROVIDED HEREIN. In the event that Pinpoint is unable to provide you with the services you requested after payment is received, you will be given the option of either requesting alternative services or receiving a complete refund if you so desire.
In the event that a payment is accidentally erroneously charged to you, you agree to inform Pinpoint as soon as reasonably possible, but in no event in less than thirty (30) days after you become aware of an erroneous charge. Pinpoint will endeavor to refund to you any erroneous payment within fourteen (14) business days after you notify us of the erroneous charge.
You agree to provide us with accurate payment information which we may store for use in billing future authorized purchases. You understand and agree that the credit card or other electronic payment information you provide to Pinpoint will be correct and accurate. You confirm that you shall not use credit cards or other payment means that are not lawfully owned by you. Your payment information will not be used by Pinpoint for any purpose other than to obtain payment for the services you request unless lawfully requested.
Use and Restrictions
When you make a purchase from Pinpoint, you agree to the following restrictions:
Some of the information provided by Pinpoint constitutes personal information that is regulated by the FCRA. The provisions of the FCRA can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm.
You are responsible for identifying and complying with the FCRA and all applicable Laws in connection with the procurement and use of any reports. You shall also review the Consumer Financial Protection Bureau (“CFPB”)’s “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA”.https://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0111-fair-credit-reporting-act.pdf
You agree to procure and use information provided by Pinpoint only for legally permissible purposes and for no other purpose. The information Pinpoint provides may not be used for any illegal purpose.
You agree not to use the data provided by Pinpoint for any unlawful purposes, including violations of state and federal employment laws or regulations, including specifically, all applicable provisions of the FCRA. You hereby certify that the information you obtain from the Website will be used by me for "permissible purposes" as defined in the FCRA.
Base any decisions and related actions on your policies and procedures and not rely on Pinpoint for (nor shall Pinpoint render) legal advice regarding said decisions. Any consultation and information which may be provided by Pinpoint shall be provided for informational purposes, and Pinpoint shall not be deemed to be providing legal advice. Pinpoint advises you consult experienced counsel to ensure compliant procurement and use of information provided by Pinpoint.
Maintain records as required by law and maintain reasonable and appropriate physical, technical and administrative measures to protect against unauthorized access to and /or misuse of the information.
You shall use the information solely as an end user. You are prohibited from copying, retransmitting, modifying, disseminating, reselling, broadcasting, circulating, or otherwise distributing, in whole or in part, any information furnished by Pinpoint.
For reports used in employment screening, you certify that you have obtained written permission from the applicant to obtain any report. You agree to provide Pinpoint with the mailing address and e-mail address of the report subject upon request. This address will be used by Pinpoint for legal reasons only. Upon failure to provide a mailing address and e-mail address, Pinpoint reserves the right to withhold the report without a refund.
You agree not to attempt to gain unauthorized access to Pinpoint, its network, computers, or other user accounts. Unauthorized access includes but shall not be limited to using another individual’s login credentials to access his or her account or other information. You may not access our networks, computers, or the information provided in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment of the services provided by Pinpoint.
Pinpoint Makes No Warranties
DISCLAIMER OF WARRANTIES. You agree that your access to and use of Pinpoint and the information we provide is entirely at your own risk. Any information provided by Pinpoint is provided “AS IS.” Neither Pinpoint nor any of its suppliers represents or warrants that the information from such records is complete or accurate; however, Pinpoint represents and warrants that it will accurately report the information as provided by such sources. You agree to waive any express or implied warranties, including, but not limited to, the following: i) the information provided on or made available through Pinpoint or any items you purchase through the Website or as a result of contact with the Website will be of merchantable quality or fit for a particular purpose or both; ii) the Website or information provided on the Website will be accurate, complete, current, reliable, timely or suitable for any particular purpose; iii) that operation of the Website will be error-free; iv) that defects or errors in the Website will be corrected; v) that the Website will be free from viruses, malware, or other harmful components; and vi) that communications to or from Pinpoint will be secure.
PINPOINT HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY DATA, INFORMATION OR REPORT, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY IMPLIED INDEMNITIES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN PINPOINT HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINPOINT, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, PINPOINT DOES NOT MAKE ANY WARRANTIES THAT THE INFORMATION, THE WEBSITE, OR ANY FEATURES OR FUNCTIONALITY OF THE WEBSITE, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, COMPLETE, ACCURATE, OR RELIABLE. PINPOINT RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.
You Agree to Protect Our Private Information
You agree that any information provided by Pinpoint is the proprietary property of Pinpoint. It is protected by copyright, trade secret and other laws, and it may only be used or accessed as specifically provided by this Agreement. You agree that you are granted a revocable, non-exclusive and non-transferable license to use Pinpoint and the information Pinpoint provides for personal or commercial purposes, subject to the terms and qualifications of Agreements by Pinpoint.
Pinpoint retains all intellectual property rights and interests pertaining to the Website, information provided by Pinpoint, and any content, products, documentation, software, or other materials on the Website, along with any copyright, trademark, service mark, or other intellectual property or proprietary right. Pinpoint’s retention of these rights does not include any rights in your personal information.
You agree you will not transfer any right in any of Pinpoint’s intellectual property, create derivative works based on such property, or otherwise commercial exploit the property in whole or in part. You agree that any violation of Pinpoint’s intellectual property rights may make you subject to liability to Pinpoint and to potential criminal liability.
YOU AGREE TO LIMIT PINPOINT’S LIABILITY
Your use of the Website is at your own risk. Neither Pinpoint, its affiliates, any of its respective officers, directors, nor any third-party involved in the creation, production, or delivery of any data, information or reports will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third-parties arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any report or other information available on the Website, however causes, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if Pinpoint was advised of the possibility of such damages.
If you become dissatisfied in any way with the Website, your sole and exclusive remedy is to stop your use of the Website. You hereby waive any and all claims against Pinpoint, and its affiliates, agents, representatives, and licensors arising out of your use of the Website.
Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Pinpoint and its affiliates shall not exceed the lesser of the cost of the information requested or one thousand dollars ($1,000.00). This limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
You Agree that Pinpoint is Not Liable for Actions of Third Parties
Pinpoint, its owners, officers, directors, employees, and agents expressly disclaim any and all liability for the acts, omissions, and conduct of any third-party professional, user, advertiser, or sponsor of the Website. Pinpoint, its owners, officers, directors, employees, and agents and their respective successors and assigns under no circumstances shall be liable for any injury, loss, damage, or expense arising in any manner whatsoever from the acts omissions, or conduct of a third-party professional, any access use, reliance upon or inability to use any materials, content, goods, or services located at or made available at any website linked to or from the Website, regardless of the cause and whether arising in contract, tort, or otherwise, even if Pinpoint, its owners, officers, directors, employees, or agents knew or should have known of the possibility of such damages.
You Agree to Indemnify Pinpoint
You agree to indemnify, defend and hold harmless Pinpoint and its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, damages, obligations, losses, demands, liabilities, costs, or expenses whatsoever, including, but not to be limited to, legal fees and disbursements resulting directly or indirectly from:
i) your breach of the terms and conditions of this Agreement;
ii) your use or reliance upon the Website or any information provided by Pinpoint, including but not limited to your communication of such information; or
iii) your use of any website linked to the Website.
This defense and indemnification obligation will survive these Terms and your use of the Website.
We may modify this Agreement
You agree that we may modify these Terms and Conditions at any time without notice. While Pinpoint will endeavor to inform customers when a change to these terms occurs, you are responsible to read these Terms and Conditions and update yourself on any changes. Any revised Agreement will be effective and binding upon customers immediately upon posting on the Website.
We may terminate your right to use Pinpoint
Pinpoint may, in its sole discretion, cancel or terminate your right to use the Website or any part of the Website at any time without notice. In the event of termination, you are no longer authorized to access the Website or that part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to information downloaded from the Website and the disclaimers and limitations set forth in this Agreement shall survive termination of this Agreement. Pinpoint shall not be liable to anyone for such termination.
Governing Law and Jurisdiction
The Website is operated from its offices located in South Dakota, United States. You agree that all matters relating to your use of the Website and Pinpoint services shall be governed by the laws of the State of South Dakota, United States, and the Federal laws of the United States applicable therein, without regard to principles of conflict of law. You agree and hereby submit to the exclusive jurisdiction of the courts located in Minnehaha County, SD, United States with respect to all matters relating to your use of the Website, this Agreement, and any dispute that may arise therefrom.
We may provide you notice by e-mail to the e-mail address that you provide to us when you register or submit at question at the Website. You agree that you will inform us if you change your e-mail address to which we may provide you with notice. You may provide notice to us at firstname.lastname@example.org. We may provide notice of changes to this Agreement by posting a new Agreement under the Terms & Conditions section of the Pinpoint Website.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to abide by and comply with these terms.
Pinpoint may transfer or assign this Agreement at any time to anyone, including a parent, subsidiary, affiliated company, or as part of a merger with or a sale to a third-party. You agree that you may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
Any waiver of any provision of this Agreement by Pinpoint shall not constitute a waiver of any other provision of this Agreement or consent to any other breach of this Agreement or a waiver of the protection of any other applicable law.
Should any provision of this agreement be determined invalid or unenforceable, such a determination shall not affect the validity or enforceability of any other provision contained in this Agreement, and any invalid or unenforceable provision shall be deemed severable from rest of this Agreement.
This is the entire agreement between you and Pinpoint regarding your access to and use of Pinpoint.com and information provided by Pinpoint. This Agreement may not be modified except in writing.
This policy was last updated on March 8th, 2016.