Last Updated: 1/6/2017

Thank you for choosing PreCheck. These Terms and Conditions of Use (Terms of Use) contain important information regarding both yours and PreCheck’s legal rights, obligations, and remedies and cover your uses and access to the products, services, software, platform and Website. The Terms of Use also contain authorizations and consent to the collection, use, storage and disclosure by PreCheck of your information including without limitation personally identifiable information (PII), background check reports and results, immunization records, drug test results, immunization records and professional licenses or certifications.

By using or accessing PreCheck’s services and network, you certify that you have read and understand and agree to be bound by these Terms of Use, even if you are not a registered user or account holder.

The PreCheck website (the Website) is owned, operated, and administered by PreCheck. PreCheck reserves the right to change or modify these Terms of Use at any time and such modifications are effective upon publication. If the Terms of Use are modified, the changes will be posted. Upon notice of the changes and continued use of the Website, you agree to be bound by the new Terms of Use. If you do not agree to these or any future Terms of Use, do not use the Website, or discontinue use of the Website. These Terms of Use shall survive the termination of your account and use of the Website. You are required to read, accept and agree to these Terms of Use. 

ELIGIBILITY

Use of the Website is void where prohibited. PreCheck does not offer services to children under the age of 13, and this web site is not directed to children under the age of 13. Any registration by, use of or access to the Website by anyone under 13 years of age is prohibited and in violation of these Terms of Use. By accessing and using the Website, you represent that you are at least 13 years of age or older.

Users who are under the age of 18, who are not otherwise emancipated, may not create an account without the consent of their parent or legal guardian. The parent or guardian can provide written authorization by contacting us at compliance@precheck.com and requesting access in writing. By using this Website, you are representing and warranting that you are 18 years of age or older and are competent to enter into binding contracts including these Terms of Use. You further agree to abide by all Terms of Use of the Website.

ELECTRONIC SIGNATURE AND ELECTRONIC RECORDS

You hereby acknowledge, accept, and agree that each time you use or access the Website or products or services offered by the Website you are signing, agreeing to or accepting these Terms of Use by digital signature, electronic signature, click and accept or other means which constitutes your valid and enforceable “electronic signature” as defined by the Uniform Electronic Transactions Act (UETA) and any other applicable state or federal law. You hereby agree to use electronic means to receive and sign these Terms of Use. If you desire a paper copy, you may print a copy from the Website.  

ACCOUNT REGISTRATION

To create an account on the Website, you must have a valid e-mail address and unique password. Additional information may be collected in connection with your account registration including but not limited to: legal name, date of birth, address, phone number, e-mail address or social security number. You agree to provide accurate and complete information as requested and to keep all information current. Failure to provide the required information may result in termination or suspension of your account with or without notice to you. You acknowledge and agree that Website may collect, use and store your username, password, email address and any other information including PII that you provide for the purposes set out in these Terms of Use or in our Privacy Notice which can be found at www.precheck.com/privacy-notice. You agree that the Website may also collect and use non-personally identifiable information such as IP addresses, profile information, aggregate data, and browser types to better manage the Website, track Website use, advertise products and services and improve the Website.

CONTENT OWNERSHIP

You acknowledge and agree that you are solely responsible for all content in your account including but not limited to the photos, profiles, messages, notes, information, transcripts, documents, background reports, immunization records, drug screen results and any other content you upload, enter, display, publish, transmit or share on or through the Website. You shall not upload, enter, display, publish, transmit or share on or through the Website content that is subject to copyright or trademark protection or any other proprietary information without proper consent.

You acknowledge and agree that any party you designate may have access to, receive or review content or data designated or permitted by you. You can upload, enter, display, publish or transmit your content or data to any party including a non-user of this Website. You retain all ownership rights to your information. 

PreCheck has no control over and does not endorse user provided content. User provided content does not reflect the policies or opinions of PreCheck. No representations or warranties, express or implied are made in connection with any content provided by you as to the validity, accuracy, or reliability or any other material or information you upload, publish, enter, share transmit, display or disclose. You understand and agree that PreCheck may review and delete, without notice to you, content that PreCheck deems a violation of this agreement,that is illegal, offensive or that might violate any rights or the safety of others. PreCheck reserves the right to disclose, in its sole discretion, any content provided by you that is authorized or required by law or regulation, or is court ordered.

You understand and agree that all information, data, content and other personal information that you provide to PreCheck is stored in and is accessible from locations within the United States of America and may be subject to production or disclosure as required by the appropriate United States authorities and applicable United States laws. 

You understand that you are solely liable for any loses, expenses, liabilities or damages of any kind incurred as a result of uploading, publishing, entering, transmitting, sharing or displaying any information or data whatsoever, including any parties you designate to have access to, receive or review your information or data. In consideration for use of this Website you agree for and on behalf of your heirs, successors and assigns, legal representatives, to hereby forever release and discharge PreCheck its affiliates, subsidiaries, and their respective shareholders, directors, officers, members, managers, employees, representatives, contractors, and agents and their respective heirs, successors and assigns from any and all liabilities, claims, damages, actions and losses in any way related to or connected with any error, omission, disclosure, transmission, loss, display or sharing of your information or data including without limitation, the sharing of your folders in your account or specific items contained within folders in your account, the designation by you for review, receive or have access to your information or data or the direct transmission, disclosure, sharing or publishing of your information or data.

Limited License to Access Website

PreCheck grants you a limited, non-transferable, revocable license to access and make personal use of the Website subject to your acceptance of and compliance with these Terms of Use. You shall not modify the Website or any products, services or content of the Website in any way. You shall not copy, reproduce, duplicate, sell or resell the Website or any portion thereof. The limited license does not include any resale or commercial use of the Website or its products, services or other content. Derivative use of this Website, it’s products, services, or other content, or any use of robots, or other data mining, gathering or extraction tools is also prohibited. As a registered PreCheck user, you are licensed to keep, for your own personal records, electronic or physical copies of any reports purchased by you. Any rights not expressly granted in these Terms of Use are reserved by PreCheck.

Use of Information and Data

PreCheck does not disclose, sell or otherwise transfer your information or data except as is explained in these Terms of Use, PreCheck’s Privacy Notice, or as required or permitted by applicable law. PreCheck may share, disclose, transmit, or provide access to your information or data as follows: as provided in these Terms of Use or our Privacy Notice; pursuant to your consent, authorization, or designation (for example when you designate educational organizations, business organizations, or other persons, entities or organizations to have access to or copies of your background report, immunization records, drug test results, data, content or verifications contained within your account; to educational institutions or departments, institutions, programs, clinical sites, or healthcare facilities or partners affiliated with or a part of such educational institutions such as hospitals or clinical sites at which you are admitted, enrolled, employed, receiving training or attending, serving as an intern, volunteering or in a similar position or applying for or being considered for the same; when a service provided on this Website requires interaction with a third party or is provided by a third party such as an application service provider; to PreCheck’s agents, employees, contractors or vendors as necessary to perform or provide the products and services requested such as background reports; as required by law, subpoena or court order of any court or government agency having jurisdiction over the company; or in the instance that the company is purchased, in which case the purchaser would have access to and use of your information and data in accordance with these Terms of Use.

Fair Credit Reporting Act (FCRA) Notice and Consent

PreCheck is a consumer reporting agency under the FCRA. The information, content and data in your account, whether provided by you or obtained by PreCheck, may qualify as a consumer report as defined and governed by the FCRA. You may request PreCheck to perform a background check, drug test, immunization screen, or licensing screen by either purchasing a product directly or entering a package code that may contain a request to perform one of these services. An educational institution may request that PreCheck perform a background check, drug test, immunization or licensing screen for you. You represent and warrant that you are providing true and accurate information and data about yourself only and that you have not falsified your identity or provided another person’s name or personal information for the purpose of obtaining a background check or screen on anyone other than yourself and that all information provided is complete, valid, true and accurate.

You may obtain a free copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.”  Click to review a summary of your consumer rights (including file disclosure rights) under the Fair Credit Reporting Act.

You understand and agree that all information, data and content provided to PreCheck may be verified by PreCheck or its authorized representatives. You hereby agree to and consent to the collection of such information by PreCheck. You further agree to provide all individuals, entities, organizations, educational institutions or organizations, law enforcement, or other persons or entities listed or referred to or any information, content, data, or documentation about yourself to PreCheck as necessary or requested for purposes of verifying the information, data or content provided by you.

You agree and consent to PreCheck or its affiliates obtaining, collecting, compiling and preparing a consumer report and/ or investigative consumer report which will include your personal information, including but not limited to: identity verification, educational history, work history and any references, driving record, social security number verification, license verification, immunization history, credit history and criminal convictions or arrest records. You understand that information that is not provided by you is obtained by and through fallible human sources and records.

You hereby agree, consent, approve, authorize and instruct PreCheck, its employees, representatives, affiliates, and or/ contractors: 1) to perform a review of your background, obtain a drug screen, or review immunization or licensing records, etc. by collecting, obtaining, and preparing a consumer report or investigative consumer report on you. The use and collection of any or all of your information, data and content for purposes of performing such a background, drug screen, immunization or license review is upon your request or your designee’s request. 2) that the review, use, disclosure, transmission or sharing of your background check report, drug screen results, licensure history, immunization history, etc. and any other information, data or content to or by any entity, person, or organization is designated or authorized by you.

You for and on behalf of yourself, your heirs, successors, assigns and legal representatives hereby release and forever discharge PreCheck and its employees, affiliates, directors, etc. from any and all liability, claims, damages, actions, or losses in any way relating to or connected with the performance of a background check, drug screen, or the compiling, making available, disclosure, transmission, or use of the background reports, drug screens, etc., or any other information, content or data including any errors or omissions in or omitted from such results of the background report, drug screen, investigations, etc. You for and behalf of yourself, your heirs, successors, assigns and legal representatives hereby forever release and discharge PreCheck and all individuals, organizations, entities, law enforcement, and all others from any and all liability, claims, damages, actions or losses in any way related to or connected with the transmission, disclosure, use or verification of any of your information, data, content or documentation.

Family Educational Rights and Privacy Act Notice and Consent

The Family Educations Rights and Privacy Act (FERPA) provides certain rights to students concerning the privacy of and access to the student’s education related records. Some of the records, data or information on your account may be education records as defined by the FERA and may be subject to protection from unauthorized disclosure under that act. You understand and agree that any Educational Institution, clinical program or healthcare facility authorized by you will automatically have access to your information and the content in your account including without limitation: drug test results, immunization records, background reports, license and other certification or training verifications, and other information that may be required by the Educational Institution, clinical program, or healthcare facility for purposes of consideration or review for admission, acceptance, placement or retention at the Educational Institution, clinical program or healthcare facility. You further understand and agree that any other person, entity, educational institution, clinical program or organization designated by you on your account shall have access to your information, data and content designated by you in your account. You also understand and agree that Educational Institutions, clinical programs, or healthcare facilities even if not directly designated by you in your account, shall have access to the information, data and content including without limitation: drug test results, immunization records, background reports, license and other certification or training verifications, and other information that may be required contained within your account when such information, data or content is required by such Educational Institution, clinical program or healthcare facility for purposes of their consideration or review of your admission, acceptance, placement or retention.

You understand and agree that PreCheck, and its employees, contractors, vendors, representatives and agents shall have access to your information, content, data, drug test results, immunization records, background reports, license and other certification or training verifications, and other information that may be required for purposes of providing the products and services requested, purchased or ordered by you or your Educational Institution, clinical program or healthcare facility including and without limitation for purposes of performing Certified Record Review with respect to immunization records or an extensive review process for background reports and drug test results you consent to and authorize such access and use.

You hereby agree, approve, consent to, authorize and instruct the disclosure, transmission, review and sharing by PreCheck of your drug test results, immunization records, background reports, license and other certification or training verifications, and other information, content or data to: (1) any person, organization, Educational Institution, clinical program, healthcare facility including their officials, faculty, administrators, employees or contracts, for purposes of consideration, evaluation or review of you for admission, enrollment, employment, internship, training or instruction, including without limitation any clinical rotation or placement or (2) PreCheck including without limitation its employees, representatives, contractors, or agents for the purposes of performing or providing the products and services requested, purchased or ordered by you or your designated Educational Institution, clinical program or healthcare facility. You understand acknowledge and agree that this written consent to disclose certain of your information, data and content contained in your account constitutes a valid and legally effective electronic signature and electronic record and constitutes a valid and legally effective written consent form as required by FERPA to disclose your information, data and content.

You, on behalf of yourself, your heirs, successors, assigns, and legal representatives hereby release and forever discharge PreCheck from any and all claims, liabilities, damages, actions or losses in any way connected with the compiling, disclosure, transmission, making available or use of the information, drug test results, immunization records, background reports, license and other certification or training verifications, data or content contained within your account including any errors or omissions contained or omitted from such tests, reports or investigations.

Business Organization Release

You understand and agree that any business organization or person designated by you shall automatically have access to your information, data and content including without limitation drug test results, immunization records, background reports, license and other certification or training verifications, and other information contained within your account and designated by you. You hereby agree, approve, authorize and consent to the disclosure, transmission, review and sharing by PreCheck of your information including  drug test results, immunization records, background reports, license and other certification or training verifications, and other information that may be required as designated by you to or by (1) any business organization, person or entity designated or authorized by you or (2) PreCheck including without limitation employees, representatives, contractors, vendors or agents for purposes of performing or providing the products or services requested, purchased or ordered by you.

You, on behalf of yourself, your heirs, successors, assigns, and legal representatives hereby release and forever discharge PreCheck from any and all claims, liabilities, damages, actions or losses in any way connected with the compiling, disclosure, transmission, making available or use of the information, drug test results, immunization records, background reports, license and other certification or training verifications, data or content contained within your account including any errors or omissions contained or omitted from such tests, reports or investigations. As the user of a consumer report, you agree to comply with any and all applicable laws, rules, regulations and orders including without limitation, the Fair Credit Reporting Act.

Record Keeping Release

You acknowledge and agree that PreCheck shall not be responsible for and shall have no liability for the recording keeping practices of third parties such as, but not limited to, the Department of Motor Vehicles or similar regulatory authority, municipal, county, state, and federal courts, state repositories, state and regional prisons, local police stations, federal bankruptcy courts, federal civil courts, state medical boards, federal licensing boards or exclusion lists, drug testing facilities, other professional licensing organizations, or other local state or federal organizations. You, on behalf of yourself, your heirs, successors, assigns, and legal representatives hereby release and forever discharge PreCheck from any and all claims, liabilities, damages, actions or losses in any way connected with the compiling, disclosure, transmission, making available or use of the information, drug test results, immunization records, background reports, license and other certification or training verifications, data or content contained within your account including any errors or omissions contained or omitted from any information obtained from third parties.

Passwords

All accounts are password protected. When you create your account, you shall choose a unique username and password. You shall not disclose your username or password to any third party or permit any third party the use your username or password. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities associated with that username and password. You shall notify PreCheck immediately if you have any suspicion that an unauthorized party is accessing your account. PreCheck will never ask you for your password in an unsolicited e-mail, phone call or text. You can change your password at any time. You are solely liable for all activity, authorized or not, that occurs on your account.

Ownership of Intellectual Property

PreCheck owns and retains all proprietary and any other intellectual property rights in, to or associated with the PreCheck website. The Website contains certain protected materials such as trademarks, copyrights, and other propriety information of PreCheck and its licensors. You shall not copy, modify, publish, transmit, distribute, perform, display or sell any materials or information contained on or within the Website without the express written consent of PreCheck. All trademarks, service marks, and logos used on the Website are the sole property of PreCheck and/or its licensors. All Website content created by PreCheck, is licensors, contractors, vendors, or suppliers such as text, logos, graphics, images, java script code, HTML code, and other software is the property of PreCheck or its licensors, contractors, vendors or suppliers. You have no right or license to use any trademarks, service marks, logos, or any other proprietary information contained on the Website.

Fees

You acknowledge that PreCheck has the right to charge for access to the Website and for the various products and services offered or provided through the Website. PreCheck may change such fees from time to time in its discretion. The fees charged to user for products and services offered through the Website may be established through a contractual relationship either between you and PreCheck directly and through this site’s Terms of Use, or may be established through a contractual relationship between PreCheck and your Educational Institution, clinical program or healthcare facility and may be based on services requested by you or your Educations Institution, clinical program or healthcare facility.

If PreCheck terminates your account because of any breach of these Terms of Use, you shall not be entitled to a refund of any kind. You are responsible for the information, content and data uploaded, published, shared, disclosed, entered or displayed on the Website and compliance with these Terms of Use. All fees paid are non-refundable even in the event that your information or data is removed from the Website.

Right to Delete/ Terminate Account

PreCheck, in its sole discretion, may delete your account, data, or content with or without notice or liability to you. PreCheck reserves the right to permanently block any user who violates these Terms of Use. Even after an account is deleted, PreCheck may retain your information for archival purposes so long as there is a reasonable business or legal purpose. Retained information allows PreCheck to restore or recover your account in the event of equipment or system failure or to comply with legal requirements.

User Conduct

Users of the Website shall not:

  1. Upload, publish, display or otherwise disseminate information that a) infringes on any patent, trademark, copyright, trade secret, copyright, rights of privacy or publicity or other propriety right of any party or that infringes on any intellectual property right or applicable law; b) is solicited or unauthorized and contains advertising or promotional materials, would be classified as junk mail, spam, chain letters, or a pyramid scheme or any other form of such solicitations; c) is unlawful, deceptive, abusive, threatening, obscene, vulgar, violent, harmful, hateful, harassing, libelous, defamatory, bigoted, prejudicial, racially or ethnically discriminatory, hate speech, inciting unlawful action or otherwise objectionable; d) contains objects or symbols of hate or invades the privacy of a third party; e) contains nudity or pornography, including without any limitation, child pornography; f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, or interfere with the access of any other Website user, host or network including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Website; or g) includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any information or content that is unrelated to necessary content.
  2. Interfere with other users of the Website.
  3. Solicit or disseminate personal information about other Website users without their express written consent.
  4. Impersonate or misrepresent your affiliation with any person or entity, create a false identity for use of the Website, or otherwise commit fraud.
  5. Collect information from or about other Website users, by any means for any purpose including but not limited to sending unsolicited email or unauthorized framing or linking to the website.
  6. Link to the Website on any other website without the prior written consent of the company.
  7. Send unsolicited email or advertisements to PreCheck’s email addresses or the email address of its officers, directors, shareholders, employees or contractors, or to other Website user’s email addresses.
  8. Re-sell the Website or any of the products or services offered, advertised or sold through the Website in whole or in part.
  9. Modify, adapt, translate, or reverse engineer any portion of the Website, or use any robot, spider, site search/ retrieval application or any other devise to retrieve or index any portion of the Website.
  10. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure protecting the Website.
  11. Attempt to scan, probe or test the vulnerability of PreCheck’s system or network or breach any security or authentication measures.
  12. Falsify any TCP/IP packet header or any part of any header information in any content or in any way use the Website to send altered, deceptive, or false source-identifying information.
  13. Use any meta tags or other hidden text or metadata utilizing PreCheck’s name, trademarks, URL or product names without PreChek’s express written consent.
  14. Remove or alter in any manner any copyright, trademark, or other proprietary use notices contained in or on the Website.
  15. Violate any applicable law, regulation or ordinance.
  16. Use the Website in any manner not allowed under these Terms of Use.

Indemnity

You agree to defend, indemnify, and hold PreCheck harmless from and against any and all loss, damage, claim, judgment, demand liability or expense (including attorney fees and expenses or costs), in any way related to, arising out of, or connected with:

  1. Your use of the Website
  2. Information provided by you to the Website
  3. Providing false, inaccurate, misleading or fraudulent information or data to PreCheck
  4. Your connection to the Website
  5. Your violation or breach of any third party right, including without limitation, any intellectual property right, defamation, breach of confidence or privacy right
  6. Any claim that your information or content caused damage to a third party
  7. Violation or breach of these Terms of Use

Your indemnification and defense obligations shall survive the termination of your account and the termination of your use of the Website. You are solely responsible for your actions when using or accessing the Website including but, not limited to costs incurred for internet access.

Disclaimer of Representations and Liability

Use of the Website is at your sole risk. The information, software, products and services made available through Website may include inaccuracies or typographical errors. The Website is provided on an “As Is” and “As Available” basis, except as otherwise prohibited by applicable law. PreCheck expressly disclaims any representation or warranty of any kind including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property. PreCheck does not guarantee any specific results from use of the Website. No advice or information, written or oral, obtained from PreCheck, or from or through the use of the Website shall create any representation or warranty. PreCheck does not assume or have any liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alternation of your communications, drug test results, immunization records, background reports, license and other certification or training verifications, or any other information, data or content.  PreCheck is not liable for any problems or technical malfunction caused by any of the equipment or programming associated with or utilized by the Website.

To the fullest extent permitted by law, in no event will PreCheck, its employees, affiliates, contractors, vendors or suppliers be liable for any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use or misuse of information, data, business or profits regardless of legal theory, whether or not PreCheck has been warned of the potential of such damages and even if a remedy fails of its essential purpose.

PreCheck’s aggregate liability for all claims relating to its services or Website shall in no event exceed the grater of $1,000.00 or the amount paid by you to PreCheck for the 12 months preceding the services in question. If no fees are paid to PreCheck for any product or services injunctive relief shall be the sole remedy, unless prohibited by law, and there shall be no damages of any kind regardless of the cause of the action.

Links

The Website contains links to other websites. Access to other websites is at your own risk. PreCheck is not responsible or liable for any other website’s privacy policy, terms of use, content, products, services and or operations.

Advertiser Relationships

You are free to participate in the promotions of and purchase the products and services of advertisers on the Website, if any. Any such participation, including the delivery of and the payment for products and services, and any other terms, conditions, warranties or representations associated with such participation are solely between you and the advertiser. PreCheck shall have no liability or responsibility for any such participation or transaction.

Non-Commercial Use

The Website is for personal use only and may not be used in connection with any commercial endeavors except for those specifically endorsed by PreCheck.

Use of Cookies

Cookies are files with a small amount of data that may include an anonymous unique identifier.  Cookies are sent to your browser from our website and stored on your computer’s hard drive. Like many websites, we use “cookies” to collect information.

When you visit our Website, a "cookie" set on your computer, allows our web servers to recognize you whenever you visit.  PreCheck uses “cookies” for authenticating, tracking, and maintaining specific information about users, such as preferences within the website, identifying the web page from which you entered our site, determining which web pages within the site were visited, and the length of time spent on each page.

The session information collected from “cookies” is used to analyze user activity on our site.  Ultimately, we study the information that we obtain in order to enhance the website and provide better service when visitors return to our site.

 

PreCheck does not provide the information obtained from “cookies” to outside parties. No personal information is stored in “cookies.” You can instruct your browser to refuse all “cookies” or to indicate when a “cookie” is being sent. However, if you do not accept “cookies,” you may not be able to use some portions of our Site.

Email Choice/ Opt Out

You may choose not to receive PreCheck newsletters, advertising or marketing e-mails by choosing the appropriate op-out option in the PreCheck e-mail or contacting us at info@precheck.com.

Choice of Laws

Notwithstanding the principles of conflicts of law, the internal laws of the State of Texas shall govern and control the validity, interpretation, performance and enforcement of these Terms of Use.

Severability

If any of the terms, provisions, or conditions contained in these Terms of Use shall be deemed invalid, void or unenforceable, that specific term, provision or condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms, provisions or conditions.

International Users

PreCheck may collect, process, and maintain your information in the United States where privacy laws may be different from your home country. If you are accessing or using the Website from outside the United States, you content to the transfer of your information to the United States for processing and agree that it will be maintained in a manner consistent with applicable law and the PreCheck Privacy Notice, and these Terms of Use.