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1. The Company agrees to:
a. maintain a database of information obtained from its members and other sources.
b. furnish such information ("Consumer Report") and services as requested by The Member for stated fees and as permitted by law.
c. provide such other services from time to time as may be deemed by The Company to be beneficial to The Member.
2. The Member is a business and agrees to use Consumer Reports only in connection with its legitimate business and for a permissible purpose authorized by the Federal Fair Credit Reporting Act, (15 U.S.C. 1681 et seq) including, without limitation, all amendments thereto (“FCRA”). The Member certifies that his/her business has a need for consumer credit information in connection with the evaluation of Individuals for employment, promotion, reassignment or retention as an employee and for the purposes of extending credit or reviewing the extension of credit.
3. Member certifies that it will not request a Consumer Report for Employment Purposes unless:
a. a clear and conspicuous disclosure is first made in writing to the consumer by the Member before the report is obtained, in a document that consists solely of the disclosure that a consumer report may be obtained for employment purposes;
b. the consumer has authorized in writing the procurement of the report; and
c. information from the Consumer Report for Employment Purposes will not be used in violation of any applicable federal or state equal employment opportunity law or regulation.
4. The Member certifies that before taking adverse action in whole or in part based on the Consumer Report for Employment Purposes, it will provide the Consumer with:
A. A copy of the Consumer Report for Employment Purposes and
B. A copy of the Consumer’s rights, in the format approved by the Federal Trade Commission
5. The Member agrees to request Consumer Reports only for The Member's exclusive and one time use, and to hold the contents of a Consumer Report in strict confidence and to not disclose the contents of a Consumer Report to any other person. The Member further agrees that he/she will not access Consumer Credit Data on themselves, family, relatives or friends and will not obtain consumer credit data for any other Individual or Company. The Member hereby acknowledges that hard copies of consumer reports are to be shredded or destroyed, rendered unreadable when no longer required.
6. The Member agrees that he/she will use the Score only for Member’s exclusive use and will not use the Score for model development or model calibration and shall not reverse engineer the Score. All Scores provided will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced revealed or made accessible, in whole or in part, to any Person except (i) to those employees of The Member with a need to know and in the course of their employment; (ii) to those third party processing agents of The Member who have executed an agreement that limits the use of the Scores by the third party to the use permitted to The Member and contains the prohibitions set forth herein regarding model development, model calibration and reverse engineering; (iii) when accompanied by the corresponding reason codes, to the consumer who is the subject of the Score; or (iv) as required by law.
7. To refer any consumer seeking to question or challenge the content of a Consumer Report relating to him or her to The Company.
8. The Member certifies that he/she is not a bail bond company, credit repair company (including credit counseling and credit clinics), investigative company ( including private investigators and detective agencies), attorney or paralegal firm, news agency or journalist, law enforcement personnel, dating service, asset location service, has never been involved in credit fraud or other unethical business practices, is not listed on any credit reporting agency notification, and that the business operation for which this application is being made is a legitimate business with a legitimate requirement for Consumer Reports.
9. The Member hereby acknowledges that The Company cannot guarantee the accuracy of any Consumer Report and accepts all information “AS IS”. Member acknowledges and agrees that The Company obtains its data from third-party sources, which may or may not be completely thorough and accurate, and the member shall not rely on The Company for the accuracy or completeness of information supplied through the The Company’s Services.
10. In no way shall The Company, its Directors or Employees be liable in any manner whatsoever for any loss or injury to The Member resulting from the obtaining or furnishing of a Consumer Report. The Member agrees to save and hold The Company, its Directors and Employees harmless and indemnify them from any claims, losses, damages, or costs arising from the publication or disclosure of any Report from The Company to The Member.
11. The Member agrees that it shall obtain written Authorization from the Applicant before requesting a Consumer Report from The Company. If requested by the consumer, The Member will provide the Consumer with the name, address and telephone number of The Company.
12. The Member agrees that he/she will take every precaution to protect the end-user information (user name * password) and acknowledges liability and responsibility for same.
13. All terms, conditions, warranties or transactions under this agreement are subject to the Fair Credit Reporting Act and any provision of this agreement not in compliance therewith shall be deemed to be amended so as to comply.
14. The Member understands and agrees that in order to ensure compliance with the Graham-Leach Bliley Act (15 U.S.C. 6801 et seq.), and the Driver’s Privacy Protection Act ( 19 U.S.C. 2721 et seq.), other similar state or federal laws, regulations or rules, regulatory agency requirements, the terms and conditions of the Agreement and The Company’s obligations under its contracts with its data providers, The Company may conduct periodic reviews of The Member’s use of The Company’s Services and may, upon reasonable notice audit The Member’s records, processes and procedures related to The Member’s use, storage and disposal of The Company’s Services and information received therefrom. The Member agrees to cooperate fully with any and all audits. Violations discovered in any review and/or audit by The Company will be subject to immediate action including, but not limited to, suspension or termination of the use of The Company’s Services, legal action, and/or referral to federal or state regulatory agencies.
15. This agreement shall continue in effect from year to year unless terminated by breach or cancelled by either party.
16. With just cause, such as violation of the terms of the Member's contract or a legal requirement, or a material change in existing legal requirements that adversely affects the Member's Agreement, the Company may, upon its election, discontinue serving the Member and cancel the agreement immediately.
17. THE MEMBER CONSENTS TO THE OBTAINING OF ANY INFORMATION THE COMPANY MAY DEEM NECESSARY, INCLUDING CONSUMER REPORTS, FOR THE PURPOSE OF EVALUATING THIS APPLICATION AND AS PERMITTED BY THE FAIR CREDIT REPORTING ACT AT ANY TIME IN CONNECTION WITH MEMBERSHIP HEREBY APPLIED.
TVS Addendum to Agreement
1. The Member hereby certifies that he/she is a Business Owner and has a permissible purpose for obtaining consumer reports, as defined by Section 604 of the Federal Fair Credit Reporting Act (15 USC 1681b) as amended by the Consumer Credit Reporting Reform Act of 1996, hereinafter called "FCRA". The Member certifies their permissible purpose as in connection with employment, extending credit and/or reviewing the extension of credit.
2. The Member will maintain copies of all written authorizations for a minimum of five (5) years from the date of inquiry.
3. THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
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