Updated: March 15, 2018
Welcome to the Prescient Comply (formerly SpotLit) Portal (The Portal). This agreement explains the contractual agreement between you (user, you, your) and Prescient Comply (“Prescient”) regarding your use of The Portal. In order to access any of the data within The Portal, users must agree to all of the following terms and conditions. You should print a copy of this Agreement for your records. Please note, however, that Prescient may update and amend this Agreement from time to time as Prescient deems necessary, in its sole discretion, and without prior written notice to you.
- I agree to pay for responses returned from my due diligence request that are deemed completed even if said responses include no records found and/or no derogatory information found.
- I acknowledge that the price of each search is based on pre-agreed costs on one (1) individual or one (1) corporate entity search only.
- Materials and data furnished through The Portal may include raw information that is presented œas is and appear on The Portal and in The Portal’s reports without express or implied warranties of any kind, including, but not limited to, warranties of title or non-infringement, implied warranties of merchant ability, or fitness for a particular purpose. Prescient makes no warranty as to the quality, accuracy, completeness, timeliness and validity of any materials on The Portal or in reports provided by The Portal.
- I understand that all information re-sold by Prescient is compiled from public records and open sources obtained from international, state, and local data sources, and may not be 100% complete or accurate. I understand that it is my responsibility to assess the accuracy of the information before making any decisions based on the information.
- I understand that vendor databases used for Prescient Comply due diligence requests subject to this Agreement may be limited in depth and/or limitations of the contents of each database.
- Some of the information reported by The Portal or obtainable from database records reported by The Portal, including all criminal records, constitutes personal information that is regulated by the Fair Credit Reporting Act (FCRA). The provisions of the FCRA can be found at https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act. The Portal complies with applicable provisions of the FCRA, including:
- Section 607(d), which requires that we provide clients with a prescribed notice of their duties as users of consumer reports under the FCRA. Those duties are set forth at http://www.ecfr.gov/cgi-bin/text-idx?SID=ffc1fd6c0de8b44a9087fa195cc4ad7a&node=pt16.1.698&rgn=div5#ap16.1.698_13.h and are hereby being provided to you;
- Section 609, which imposes the requirement that CRAs disclose all the information in their files on a consumer to the consumer upon request; and
- Section 604, which limits the purposes for which information may be provided. We rely upon certifications provided by our clients that the information is sought to be used for (or to be provided for) employment purposes; screening purposes; purposes related to a business transaction initiated by the consumer; other permissible purposes as defined by the FCRA (Section 604 outlines all of the permissible purposes in detail); and no other purpose.
- For reports used in employment screening, I agree to provide Prescient with the mailing address of the report subject upon request. This address will be used by Prescient only for purposes of providing the service. Upon my failure to provide a mailing address, Prescient reserves the right to withhold the report without a refund.
- I agree not to use the data provided by The Portal for any unlawful purposes, including violations of state or federal employment laws or regulations, including specifically, all applicable provisions of the FCRA. I hereby certify that the information I obtain from The Portal will be used by me for œpermissible purposes as defined in the FCRA. I further acknowledge and agree that it is my obligation to understand the requirements of the FCRA as they apply to my requests for information through The Portal.
- These terms and conditions are governed by and shall be construed in accordance with the laws of the State of Delaware, without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction of and venue of the courts in Delaware for all legal actions related to The Portal, data resold by The Portal, or this Agreement. This Agreement constitutes the entire Agreement between Prescient, and you, and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force.
- I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PRESCIENT, AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEYS FEES AND EXPENSES INCURRED BY PRESCIENT IN DEFENDING ANY CLAIM FOR DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES I PERFORMED ON THE PORTAL.
- I UNDERSTAND AND AGREE THAT MY USE OF THE PORTAL AND/OR DATA RESOLD BY THE PORTAL IS ENTIRELY AT MY SOLE RISK. I UNDERSTAND AND AGREE THAT PRESCIENT WILL NOT BE RESPONSIBLE TO ME OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES INCURRED IN CONNECTION WITH MY USE OF THE PORTAL OR DATA RESOLD BY THE PORTAL, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF PRESCIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
- I make each of the above statements and certifications with respect to me personally, as well on behalf of my employer, for whom I am authorized to make such statements and certifications.
- I have received (by virtue of clicking the hyperlink set forth in 5.1 above) the prescribed notice of my duty as a user of a consumer report under the FCRA.