First InfoSource provides nationwide public record information, document retrieval and related services using its proprietary databases and information obtained from third parties.
1. SERVICES: First InfoSource and Insurance Information Services, Inc., hereinafter known as "First InfoSource", hereby grants Subscriber a restricted or limited license to First InfoSource data as identified by this agreement and any subsequent addendums. Subscriber agrees to state its appropriate uses for requested information, per the outlined permissible purposes within this agreement. Subscriber shall not use any information, obtained from First InfoSource, in violation of the Federal Drivers Privacy Protection as ( 18 USC 2721 et seq.), the Gramm-Leach Bliley Act ( 15 USC 6801 et seq.), the Federal Fair Credit Reporting Act ( 15 USC 1681 et seq.) or any similar or governing locate, State or Federal law. Subscriber agrees that Subscriber shall not reproduce, retransmit or therwise transfer First InfoSource's programs or computer applications. First InfoSource shall retain all right and interest in and to the data supplied within the application.
2. CONTRACT IN ENTIRETY: This agreement sets forth the entire understanding and agreement between First InfoSource and Subscriber. First InfoSource will furnish Subscriber, on request, consumer and business information or other data stored or accessed by First InfoSource's reporting system. Subscriber will provide First InfoSource with appropriate identifying information as to itself and all responsible parties per section 14 of this agreement. Subscriber hereby subscribes to Services for use as a factor in making its business decisions and agrees to pay to First InfoSource the applicable rates and charges set forth herein.
3. PERFORMANCE: First InfoSource will exercise its best efforts to deliver accurate, up-to-date information in response to Subscriber's requests in an expeditious and efficient manner, and will use its best efforts to regularly maintain and augment its information gathered from its suppliers and from selected public records and to make reasonable efforts to verify that its sources of information are accurate to the greatest extent possible, but obligation or liability to Subscriber for any delay or failure of First InfoSource in its performance under this agreement is limited to the terms set forth herein.
4. INDEMNIFICATION/LIMIT OF LIABILITY: Subscriber shall indemnify, defend, and hold First InfoSource harmless from and against all costs and liabilities, which may be asserted/assessed against First InfoSource based upon the improper use by Subscriber of DMV or any other information furnished to Subscriber by First InfoSource. First InfoSource, nor their third party data suppliers, shall be liable to Subscriber or any person or entity supplied First InfoSource data, for any loss or injury arising out of any act or omission by First InfoSource. Provided any liability can be imposed on First InfoSource or any of their third party data suppliers, subscriber agrees that aggregate liability for any and all losses will be no more than $10,000 and subscriber agrees not to sue for or seek damages, to include punitive damages, in excess of $10,000.
5. SUBSCRIBER USE LIMITATIONS: Subscriber certifies and agrees that it will request and use all motor vehicle information or records of any other nature received from First InfoSource solely in connection with transactions involving the consumer or business entity as to whom information is sought and will not request and use such information for purposes prohibited by law. All such information shall be maintained by Subscriber as prescribed by law and disclosed only to employees whose duties reasonably relate to the legitimate business purposes for which the information is requested and will not sell or otherwise distribute to third parties any information received hereunder, except as otherwise required by law.
6. WARRANTY: The data provided by First InfoSource, to include DMV data, civil or criminal data or any other information shall be as current, accurate and complete as may be achieved using the source data and compilation and data processing methods customarily employed First InfoSource and its suppliers in the ordinary course of business, but is not warranted as being error free. Neither First InfoSource nor its suppliers attempt to independently verify the completeness, accuracy or authenticity of the data. Accordingly, the DMV or other data is provided on an "as is" "as available" basis. Any use or reliance upon the data by Subscriber shall be at Subscriber's own risk. There are no other warranties either express or implied.
7. VIOLATIONS: Subscriber acknowledges that in addition to other remedies of First InfoSource, any non-compliance by Subscriber with the above provisions or any violation of State or Federal law shall result in First InfoSource revoking Subscriber's access to and use of driver and/or motor vehicle information or any other information.
8. TERMS: This agreement shall continue in force without any fixed date of termination; however, either First InfoSource or Subscriber may terminate the Agreement upon fifteen (15) days prior written notice to the other or by Subscriber violating rules of membership. Subscriber must include payment in full along with cancellation letter. Non-payment or breach of this Agreement may cause immediate revocation of privileges without prior notice by First InfoSource.
9. COMPLIANCE AND SECURITY: Subscriber agrees to: Hold the DMV and other data in strict confidence and require that its employees hold said data in strict confidence; Limit access to the data only to its employees whose responsibilities require such access and only to the extent necessary for its proper use in accordance with, and as authorized by, this Agreement, and its customers solely in the form of the products and services for which Subscriber is permitted to use the data hereunder;(1)Issue instructions to its employees having access to the data concerning the restrictions contained herein;(2)Institute appropriate security measures to prevent the accidental or unauthorized disclosure of said data; and(3)Audit and track all employee and End User Customer access to the DMV, criminal or civil data. The obligations of Subscriber under this Section shall survive any termination of this Agreement. First InfoSource may seek injunctive or other equitable relief against the breach or threatened breach of any of the nondisclosure obligations contained in this Section in addition to any other remedies that may be available.
10. MVR INFORMATION: MVR'S are to include driver and/or vehicle ownership information. In order to access driver and/orvehicle owner information, the subscriber agrees to be DPPA compliant and has reviewed and signed this agreement. If subscriber purchasesmotor vehicle records ("MVR's") from First InfoSource, Subscriber agrees to the following: a. As requested by First InfoSource, Subscriber shall complete any State forms that First InfoSource is legally orcontractually bound to obtain from Subscriber before serving Subscriber with State MVR's. b. Access to Driver and/or Motor Vehicle Data: The Driver's Privacy Protection Act ("DPPA") as well as State law restrict the use of driver and/or motor vehicle data to certain "permissible uses". Subscribers who access driver and motor vehicle data shall require its employees to acknowledge compliance with these laws and only permit them to access driver and/or motor vehicle information for the specific DPPA permissible purposes which have been approved by First InfoSource. c. Subscriber shall employ commercially reasonable procedures to track and audit employee access to and use of the DMV data and investigate any allegations of misuse of the data in full cooperation with First InfoSource. Subscriber understands and agrees that in order to insure compliance with all Federal and State laws First InfoSource may need or be required to conduct periodic reviews or audits.
11. CRIMINAL CONVICTION HISTORY: The purpose for a Criminal Conviction History search must meet the following requirements: Freedom of Information Act 5USC552; Crime Control Act, Title 28, Privacy Act, Public Law 93-579 5USC522(a), Title 6 Fair Credit Reporting Act, Public Law 91-508; and all other State or Federal laws that may pertain to the investigation undertaken.
12. CHARGES AND PAYMENT REQUIREMENTS: Access to Services are offered only to companies and individuals upon completion of Application for Services, signing of this Agreement and verification by First InfoSource of all information supplied. For all responses to requests for information, Subscriber agrees to pay First InfoSource the applicable charges then prevailing for the various services rendered to Subscriber. Prevailing charges will be specified in First InfoSource's published Price Lists and/or individual price quotes. First InfoSource reserves the right to change its fees and prices in the pricing schedule at any time in the term by giving Subscriber advance written notice. Payment by Subscriber shall be due within thirty (30) days from date of invoice.
13. PAST DUE ACCOUNTS: At the option of First InfoSource, payments not received thirty (30) after the date of the invoice will cause Subscriber's account to be placed on HOLD, with no additional requests being processed until the balance due is paid in full. Past due balances will be charged 1.5% per month service charge. Accounts that become 60 days or older will incur a $10.00 service charge for rebilling or will be billed directly to Subscriber's credit card. Subscriber and/or authorized parties further agree to pay any and all costs of collection on unpaid balances, including but not limited to reasonable attorney fees, court costs, and expenditures related thereto.
14. DEFINITION OF RESPONSIBLE PARTY: "Responsible Party" shall be defined as those persons who have access to the client account issued by First InfoSource to facilitate inquiries into information systems and databases provided by First InfoSource, including passwords necessary for computer access should such access be granted to Subscriber by First InfoSource. "Responsible Party" also includes the persons whose names and/or signatures appear upon said Agreement and New Account Application (attached), including owner, partner, president, vice president, secretary, treasurer, qualified manager, licensees, or other authorized agents of said Subscriber entity. In the event of unauthorized access into the information systems and databases provided by First InfoSource, Subscriber and its responsible parties shall bear full responsibility for any unauthorized or unwarranted inquiries, including payment for said inquiries.
15. SUBSCRIBER agrees that any information obtained from the First InfoSource system will not be used for credit granting or any other purpose defined under the Fair Credit Reporting Act unless specifically permitted by said Act under 15 USC 1681 et seq. If any type of adverse action is to be taken against the subject of the report, as a result of using the data contained in the report, the information must be compliant with all Federal and State laws and verified.
16. CUSTOMER INFORMATION: Subscriber shall notify First InfoSource of any changes that may affect this application and/or agreement. This includes any changes of responsible party, any change in business or permissible purpose. Subscriber hereby agrees and understands that this agreement and any usernames or passwords are non transferable.
17. RELATIONSHIP OF PARTIES: Subscriber agrees and warrants that at no time will they represent themselves as an agent or representative of First InfoSource.
18. SIGNING OF THIS AGREEMENT, in section 20, and completion of the New Account Application, in its entirety, shall indicate that all statements and information as provided by Subscriber are, to the best of Subscriber's knowledge, true and correct. Subscriber further agrees that the intended use of all information, as provided under this contract through First InfoSource, will be utilized within the legal purposes as set forth in the Agreement, as First InfoSource assumes no liability, directly or indirectly, for the misuse of said information by Subscriber. Prior to signing the agreement, the pertinent DPPA permitted purpose must be selected in section 19A. A brief statement detailing your industry class and specific use of said data must be detailed in section 19B.