Website Terms of Use

Introduction

Thank you for visiting, www.thePBSA.org (the "Site"), which is owned and operated by Professional Background Screening Association (PBSA) and its affiliated Councils (collectively, "PBSA"). This Web Site Use Agreement ("Agreement") is entered into by you and PBSA. This Agreement sets forth the terms and conditions under which you use the Site, and under which PBSA agrees to your use of the Site. By using the Site, you (a) represent and warrant to PBSA that you have the right, authority and capacity to agree to and abide by these terms and conditions; (b) agree to be bound by these terms and conditions and all applicable laws, rules and regulations; (c) acknowledge that your access to and use of this Site may require that you submit to PBSA certain non-public, personal information of individuals for authorized purposes; (d) authorize PBSA to utilize such non-public, personal information of such individuals that you submit to PBSA for memberships services purposes; and (e) acknowledge that PBSA's obligations with respect to its products and services shall be governed solely by the Agreements under which such products and services are provided. If you do not agree to the terms and conditions of this Agreement, you must immediately terminate your use of the Site.

Intellectual Property Rights

All content included on this Site, such as trademarks, service marks, names, titles, text, graphics, logos, images, website design, assembly and arrangement (collectively, "PBSA Content"), is owned and/or used by PBSA, and is protected by the laws of the United States and other countries. Permission is given to view, copy, download, print and distribute materials on this Site solely for personal, informational, non-commercial uses, or, if you are a PBSA member or member authorized entity, for internal business purposes provided that any copy shall include PBSA copyright and other proprietary notices. When you download copyrighted materials from the Site you do not acquire any ownership or other rights in the materials. Except as provided for herein, you may not modify, post, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any pages, data, information, software, products, or services obtained from this Site, unless you have obtained the prior written permission of PBSA or you are using a service available through this Site. All other uses, republication, or redistribution of PBSA Content, including by framing, mirroring or similar means, is prohibited without the prior written consent of PBSA. Other brand and product names are or may be trademarks of, and are used to identify products and services of, their respective owners. The absence of an identification of a third party mark or the lack of attribution of ownership of such mark on this Site should not be construed as any claim of rights by PBSA.

BY FURNISHING INFORMATION ON THIS SITE, PBSA DOES NOT GRANT ANY LICENSE TO ANY TRADEMARKS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

Policy and Procedure for Claims of Copyright Infringement

PBSA expects all subscribers and users of its systems and Web site to comply with United States Copyright Laws. Under appropriate circumstances, repeat infringers will have their access to our systems and Web site terminated. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes a copyright infringement, you may notify us by providing our copyright agent with the following information, consistent with the requirements of 17 U.S.C. § 512(c)(3):

The electronic or physical signature of the owner of the copyright and the person authorized to act on the owner's behalf.
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
Identification of the location where the original or authorized copy of the copyrighted work exists, for the example the URL on the Web site where it is posted or the name of the book or publication in which it has been published.
Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claim of copyright infringement on this site can be reached as follows: info@thepbsa.org.

User Content and Submissions

You are solely responsible for the personal information, content (including, without limitation, works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information (“User Content”) that you post on this Site. You agree that in submitting User Content or otherwise using this Site, you will not impersonate any person, or submit any materials to PBSA that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these terms and conditions.

PBSA may review and remove any User Content that, in its sole judgment, violates these terms and conditions, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of this Site. PBSA reserves the right to expel users and prevent their further access to this Site for violating the terms and conditions set forth herein or applicable laws, rules or regulations. PBSA may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for PBSA, damage PBSA’ brand or public image, or cause PBSA to lose (in whole or in part) the services of its ISPs or other suppliers.

The following is a partial list of User Content that is prohibited on this Site. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
harasses, incites harassment or advocates harassment of any group or individual;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;
displays or links to pornographic, indecent or sexually explicit material of any kind;
provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;
provides instructional information about illegal activities or other activities prohibited by these terms and conditions, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and/or
solicits passwords or personal identifying information from other users of this Site.

We appreciate hearing from our users and welcome your comments regarding our services and this Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submissions"), the Submissions shall be the property of PBSA. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. PBSA shall own exclusively all now known or later discovered rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Registered Users

Certain services offered on this Site require the eligible user to register, i.e. member only services. If you are eligible for these services and wish to register, you must complete the registration process by providing PBSA with current, complete and accurate information as prompted by the applicable registration form. You must choose a unique password and select the email you want used as your user name. You are entirely responsible for maintaining the confidentiality of your password and registration information. In consideration of your use of the services, you agree to: (a) provide true, accurate, current and complete information as prompted by the applicable registration form, and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information which is untrue, inaccurate, not current or incomplete, or if PBSA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or if you are otherwise in violation of the terms of this Agreement, PBSA has the right to suspend or terminate your current and any future use of the services, or any portion thereof.

Your right to use the Site, or any part of it, is not transferrable. Any password or right given to you to obtain information or documents is not transferrable. You are entirely responsible for any and all activities which occur under your registration. You agree to notify PBSA immediately of any unauthorized use of your registration or any other breach of security.

PBSA respects the intellectual property rights of others, and requires users of the Site to do the same. If appropriate, PBSA reserves the right to terminate the registration of any user of an interactive feature of the Site who is responsible for copyright infringement.

Warranty Disclaimer

PBSA USES REASONABLE EFFORTS TO INCLUDE ACCURATE, COMPLETE AND CURRENT INFORMATION ON THIS SITE, HOWEVER, PBSA DOES NOT WARRANT THAT THE CONTENT HEREIN IS ACCURATE, COMPLETE, CURRENT OR FREE OF TECHNICAL OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED SOLELY ON AN “AS-IS” BASIS. PBSA MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ACCESS TO, AND USE OF, THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. PBSA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENTS OF ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT OR DATA IN CONNECTION WITH YOUR USE OF THIS SITE, AND PBSA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

PBSA MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THIS SITE. IN ADDITION, A LINK TO A NON-PBSA WEBSITE DOES NOT MEAN THAT PBSA ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF SUCH WEBSITE. IT IS YOUR RESPONSIBILITY TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE IS FREE OF ITEMS SUCH AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.

Limitation of Liability

UNDER NO EVENT SHALL PBSA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PBSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless PBSA, and its officers, directors, employees, agents and representatives, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, arising out of or resulting from (a) any User Content and/or Submissions that you submit to the Site; (b) your use of the Site or PBSAContent; or (iii) your breach of the terms and conditions set forth herein. PBSA will promptly provide notice to you of any such claim, suit, or proceeding.

No Unlawful of Prohibited Use

You agree that you will not use this Site for any purpose that is unlawful or prohibited by the terms set forth herein. You may not use the PBSA Content in a manner that suggests any association with or endorsement of any product or service, or which violates any property, privacy or other rights.

Privacy Policy

PBSA’s Website Privacy Policy, as it may be changed from time to time, is a part of this Agreement.

General

PBSA makes no claims that the Site or the PBSA Content may be lawfully viewed or accessed outside of the United States. Access to the Site or the PBSA Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These terms and conditions are governed by the internal substantive laws of the State of North Carolina, without regard to its conflict of laws principles. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the federal or state courts located in the State of North Carolina and you irrevocably agree to submit to the jurisdiction of such courts. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term set forth herein shall be deemed a further or continuing waiver of such term or any other term. In addition, PBSA’ failure to enforce any term set forth herein shall not be deemed as a waiver of such term or otherwise affect PBSA’ ability to enforce such term at any point in the future.

Terms of Use Revisions

PBSA reserves the right to make changes and updates to any information contained within this Site without prior notice. PBSA may also make improvements and/or changes in the products and services described in this information at any time without notice.