Disclaimer

The user agrees that all reports submitted and received will be subject to the following conditions. All reports will be kept strictly confidential, no information from reports will be revealed to any other person, except a person whose duty requires him to pass on the transaction in relation to which the report was ordered. No information will be requested for the use of any other person. Requests for report information from the person reported on, or his representative, will be referred to Reality Check. for disclosure as provided under the Fair Credit Reporting Act, the American with Disabilities Act or other applicable laws. The user certifies that these reports will be ordered only when intended to be used for employment purposes, or in connection with a legitimate business or association's need in connection with transactions involving the consumer or public. The user also agrees to comply with any applicable state requirements concerning access to or use of motor vehicle records, credit reports, criminal records or any other related reports governed by the individual states. In this regard, the user will cooperate with Reality Check. in monitoring the use of such reports. The user agrees to hold Reality Check., its officers, employees and any company Reality Check. uses to obtain reports, harmless from and against any expense or damages resulting from the publishing of report information contrary to these conditions. The undersigned, understands that all information provided by Reality Check. is only current as of the date provided and is made available on an "as is" basis. The user, understands that Reality Check. cannot be responsible for the record keeping practices of third parties such as, but not limited to; the department of motor vehicles, county, state and federal courts, state repositories, state and regional prisons, local police stations, federal bankruptcy courts, federal civil courts, state medical boards and other professional licensing organizations, and other local, state and federal organizations. The user recognizes that information is secured by and through fallible human sources. The user agrees to release Reality Check., its officers and employees from liability for any errors and/or omissions contained in reports prepared by third parties and from any loss or expense suffered by the user directly or indirectly from Reality Check. reports. The undersigned agrees that this letter constitutes all conditions of service and of reporting, present and future, applies to all reports made by Reality Check. and is binding in all 50 states. The user agrees to pay a monthly service fee of $4.95 and to pay all bills for service according to the rate schedule in effect at the time such services are rendered, within thirty days from the date of invoice and a one and one half percent (1 1/2 %) per month late charge for payments made past that date. In the event of non-payment after 90 days, the user agrees to pay the balance of all bills immediately. Furthermore, the user agrees to pay for all attorney's fees, litigation costs, court costs and/or collection fees associated with the collection of delinquent accounts. No changes in these conditions may be made except by consent in writing of an officer of Reality Check.

Administrative Office of the Court Warranties

Warranties

EXCEPT AS SET FORTH HEREIN, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY THE AOC WITH RESPECT TO THE AOC'S CRIMINAL AND CIVIL DATA EXTRACTS.

THE AOC PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE DATA EXTRACTS ARE ACCURATE, CORRECT, OR COMPLETE.

THE AOC PROVIDES NO OTHER WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SERVICE.

Limitation of Liability and Hold Harmless

THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OR ACTION, FOR ANY DAMAGES ARISING FROM CAUSES BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE OF THE AOC.

THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OR ACTION, FOR ANY DAMAGES ARISING FROM INCORRECT OR INCOMPLETE DATA EXTRACTS FROM THIS SERVICE. IT IS EXPRESSLY UNDERSTOOD BY THE PARTIES THAT IT IS THE COMPANY'S RESPONSIBILITY TO VERIFY INFORMATION OR DATA OBTAINED THROUGH THE AOC'S CRIMINAL OR CIVIL DATA EXTRACTS WITH OFFICIAL INFORMATION RESPOSING AT THE COURT OF RECORD.

THE AOC SHALL NOT BE LIABLE FOR ANY DAMAND OR CLAIM, FOR ANY DAMAGES ARISING FROM DENIAL OF ACCESS OR INABILITY TO ACCESS DATA EXTRACTS FROM THE AOC SYSTEM WHICH DENIAL OF ACCESS OR INABILITY TO ACCESS IS A RESULT OF THE AOC OPERATING ITS SYSTEM IN DISASTER RECOVERY MODE.

THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF FORM OF ACTION, FOR ANY DAMAGES BASED UPON ALTERATION OR MODIFICATION MADE BY THE COMPANY OF ANY DATA SUPPLIED HEREUNDER UNLESS THE AOC MADE, DIRECTED, OR REQUIRED SUCH MODIFICATION OR ALTERATION.

THE AOC SHALL NOT BE LIABLE TO THE COMPANY OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING REVENUE, PROFITS, TIME, GOODWILL, CLAIMS OF INVASION OF PRIVACY, OR ANY OTHER INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE WHCH MAY ARISE FROM THE USE OF THE AOC CRIMINAL AND CIVIL DATA EXTRACTS.

THE COMPANY HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD THE COURT OFFICIALS, THE AOC, ITS EMPLOYEES, AND THE STATE OF NORTH CAROLINA HARMLESS FROM ALL LOSS, RISK OF LOSS, AND DAMAGES (INCLUDING EXPENSES, COSTS, AND ATTORNEY FEES) SUSTAINED OR INCURRED BECAUSE OF OR BY REASON OF ANY CLAIMS, DEMANDS, SUITS, ACTIONS, JUDGEMENTS, OR EXECUTIONS FOR DAMAGES OF ANY AND EVERY KIND AND BY WHOMEVER AND WHENEVER MADE OR OBTAINED, ALLEGEDLY CAUSED BY, ARISING OUT OF, OR RELATING IN ANY MANNER TO ANY USE MADE BY THE COMPANY OR ANY PERSON WHO OBTAINS DATA FROM THE COMPANY OF THE AOC'S CRIMINAL AND CIVIL DATA EXTRACTS WHEN SUCH CLAIM, DEMAND, SUIT, ACTION OR JUDGMENT IS BASED UPON COMPANY'S INTENTIONAL OR NEGLIGENT FAILURE TO PERFORM.

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