The Instant Record Check website (the “Site”) is an online information service provided by Instant Record Check and/or its agents (“Instant Record Check”), in order to conduct Criminal Record Check Queries (“Service”), subject to your compliance with the terms and conditions set forth below (“Terms and Conditions”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
2. Ownership and Intellectual Property Rights.
(a) Nothing in these Terms and Conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, the Contents, IN ANY MANNER. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the Contents. You agree that you shall have no recourse against Instant Record Check for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Instant Record Check.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Instant Record Check, Instant Record Check does not operate, control or endorse any information, products or services on the Internet in any way. Except for Instant Record Check-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Instant Record Check. You also understand that Instant Record Check cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
4. Disclaimers and Limitation of Liability.
You Assume Total Responsibility And Risk For Your Use Of The Site And The Internet. Instant Record Check Provides The Site And Related Information “As Is”.
4.1. Disclaimer of Warranties and/or Representations: Instant Record Check DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND Instant Record Check SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. Instant Record Check DOES NOT WARRANT THAT THE SERVICE AND/OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE AND/OR THE SITE WILL BE CORRECTED.
4.2. Limitation of Liability: IN NO EVENT WILL Instant Record Check BE LIABLE FOR:
(I) ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SALARY, LOSS OF REPUTATION, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Instant Record Check OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR THE SITE OR ITS CONTENTS OR INFORMATION DOWNLOADED THROUGH THE SITE.
Because Some Jurisdictions Do Not Allow The Exclusion Or Limitation of Liability for Consequential or Incidental Damages, The Above Limitation May Not Apply to You. In Such Jurisdictions, Instant Record Check liability Is Limited to the Greatest Extent Permitted by Law.
4.3. Hyperlinks and Third-Party Sites: Instant Record Check makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Instant Record Check web site, please understand that it is independent from Instant Record Check, and that Instant Record Check has no control over the content on that web site. In addition, a link to a Instant Record Check web site does not mean that Instant Record Check endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Instant Record Check, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service and/or the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service and/or the Site.
6. Third-Party Rights.
The provisions of 3 (Use of the Site), 4 (Disclaimers and Limitation of Liability) and 5 (Indemnification) are for the benefit of Instant Record Check, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service and/or the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term & Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of 2 (Ownership and Intellectual Property Rights), 3 (Use of the Site), 4 (Disclaimers and Limitation of Liability), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.
(a) No changes to these terms are valid or have any effect unless agreed by Instant Record Check in writing. Instant Record Check reserves the right to vary these Terms and Conditions from time to time. Instant Record Check‘s new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by Instant Record Check IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS AND CONDITIONS FROM TIME TO TIME TO VERIFY SUCH VARIATIONS.
(c) If any part of these Terms and Conditions is unenforceable (including any provision in which Instant Record Check excludes or limits its liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
(d) Instant Record Check’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
(e) Instant Record Check may assign its rights and duties under this Agreement to any party at any time without notice to you.
(f) Instant Record Check shall have no liability to you for any breach of these Terms and Conditions caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
(g) This Agreement shall be construed and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. You agree that any legal action or proceeding between Instant Record Check and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or British Columbia court of competent jurisdiction sitting in Canada.
(h) Any cause of action or claim you may have with respect to the Service and/or the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
(i) Any rights not expressly granted herein are reserved by Instant Record Check