Our Legal Statement
Although C U CLEAR takes steps to ensure all of its procedures are in compliance with all state and federal rules, C U CLEAR does not provide any legal services or opinions. C U CLEAR recommends that the client consult its legal counsel regarding specific legal responsibilities. Furthermore, employers understand that there are legal requirements imposed by the federal Fair Credit Reporting Act and, in some instances, state consumer reporting laws, regarding taking adverse action against a consumer. C U CLEAR recommends that the client consult with its legal counsel to develop a legally compliant adverse action policy. In addition, C U CLEAR recommends that the client consult with its legal counsel to develop an employment screening program specific to its needs to ensure that the client’s policies and procedures related to the use of information provided by C U CLEAR are in compliance with applicable state and federal laws.
Limitation of Liability
In no event will C U CLEAR be liable to any party for any direct, indirect, special, or other consequential damages arising out of any use of this website, or any other hyper-linked website, including, without limitation, any lost profits, business interruption, loss of programs or data on the client’s equipment, or otherwise, even if we expressly advised of the possibility or likelihood of such damages.
Trademarks
The C U CLEAR logo and all other trademarks, service marks, trade names, logos, domain names, URLs, and icons (“Marks”) appearing on this website, registered or not, are the property of C U CLEAR and/or their respective owners. Nothing on this website grants anyone any right or license to use any of the Marks on this site without the express written permission of C U CLEAR or third party owners of the Marks. Unauthorized use may violate trademark and other laws.
Restricted Use
C U CLEAR provides personal information that may be governed by certain federal rules and regulations. C U CLEAR grants a restricted use of services solely for internal business purposes. The client represents and warrants that all information used or furnished by C U CLEAR services shall be for legitimate purposes only.
GLBA Data
Some of the information provided by C U CLEAR is “nonpublic personal information,” as defined in the Gramm-Leach-Bliley Act, 15 U.S.C. 1601 et seq. and related state laws (the “GLBA”), and is regulated by the GLBA (“GLBA Data”). The client shall not obtain and/or use GLBA Data through C U CLEAR in any manner that would violate the GLBA, or any similar state or local laws, regulations, and rules. The client also acknowledges and agrees that it may be required to certify its permissible use of GLBA Data at the time it requests information in connection with certain services provided by C U CLEAR. In addition, the client further agrees it will certify, in writing, its permissible uses of GLBA Data and recertify upon request by C U CLEAR. Our client certifies with respect to GLBA Data received through C U CLEAR that it complies with the Interagency Standards for Safeguarding Information issued pursuant to the GLBA.
DPPA Data
Some of the information provided by C U CLEAR is “personal information,” as defined in the Drivers Privacy Protection Act, 18 U.S.C. 2721, et seq. and related state laws (the “DPPA”), and is regulated by the DPPA (“DPPA Data”). The client shall not obtain and/or use DPPA Data provided by C U CLEAR in any manner that would violate the DPPA. The client acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain services provided by C U CLEAR. In addition, the client agrees it will certify, in writing, its permissible uses of DPPA Data and recertify upon request by C U CLEAR.
National Change of Address Database
C U CLEAR receives some of its information from licensees of the United States Postal Services’ NCOALINK database (“NCOA Database”). The information contained in the NCOA Database is regulated by the Privacy Act of 1974 and may only be used to provide a mailing list correction service for lists that will be used for preparation of mailings. If the client receives all or a portion of the NCOA Database through C U CLEAR, they hereby certify to C U CLEAR that it will not use such information for any other purpose.
Social Security and Driver’s License Numbers
In certain circumstances, C U CLEAR may have access to social security numbers or driver’s license numbers (collectively “SSNs”). If a client is authorized by C U CLEAR to receive SSNs, and obtains SSNs through C U CLEAR, it certifies that it will not use the SSNs for any purpose other than as expressly authorized by C U CLEAR. The client also agrees that it will not permit SSNs obtained through C U CLEAR to be used by an employee or contractor that is not an authorized user with an authorized use. In addition, the client agrees it will certify, in writing, its uses for SSNs and recertify upon request by C U CLEAR and may not, to the extent permitted by the terms of this Agreement, transfer SSNs via email or ftp without C U CLEAR’s prior written consent.
FCRA Services
The following restricted license is conditionally granted for C U CLEAR, governed by the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. (“FCRA”). These products constitute consumer reports as defined by the FCRA (“Consumer Report”). A C U CLEAR client certifies that when using the Consumer Report, it will comply with all applicable provisions of the FCRA and all other applicable federal, state and local legislation, regulations and rules. Without limiting the generality of the foregoing, it further certifies that (a) it will comply with all applicable provisions of the California Credit Reporting Agencies Act and any related regulations; and (b) it will comply with all Vermont statutes and regulations on fair credit reporting, including but not limited to, obtaining the consent of Vermont residents prior to obtaining any information on Vermont residents through these Consumer Reports. In addition, it also certifies it has a permissible purpose under the FCRA for obtaining a Consumer Report.
Choice of Law
This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by Virginia law, excluding any laws that direct the application of another jurisdiction’s laws.
Attorney Fees Provision
In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
