CIC Background Report Terms of Use
You have requested to participate in the CIC’s® service (the “Service”). Your
participation in the Service is subject to your acceptance of these Terms of Use. As
used in these Terms of Use, “You” and “Your” refer to the subject Consumer
or End User as defined below.
“Consumer” means the individual who is the subject of the requested consumer
report, on behalf of himself or herself and the Consumer’s heirs, beneficiaries,
successors, and assigns.
“End User” means the individual who or the entity that is requesting a consumer
report pursuant to a permissible purpose pursuant to the Fair Credit Reporting Act
(“FCRA”). If the End User is a corporation, limited liability company, or partnership,
the individual agreeing below certifies, represents and warrants that he or she (1) is
an agent, employee, officer, director, or authorized user, who is duly authorized to
bind the entity set forth below, to the terms, conditions and certifications of this
agreement, and (2) has direct knowledge of the facts certified in these Terms of Use.
YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS OF USE, INCLUDING
THE ARBITRATION PROVISION, BEFORE ENROLLING IN THE SERVICE. As part of the
Service, a Consumer may request a “Report Service”, which includes access to a copy
of that Consumer’s housing court record and criminal information (“Background
Screening Report”) and may authorize CIC to provide the Background Screening
Report to an End User. Additional services may be included in the Service or Report
Service (each referred to herein as a “Service”) in the future, and the registration and
authentication information provided under this Agreement may be used in the
provision of any such Service. Both Consumer and End User, if any, agree to the
applicable Terms of Use set forth herein.
These Terms of Use (“Terms of Use” or “Agreement”) apply to: (a) the Service; (b)
interaction by any means between you and CIC regarding the Service; (c) your access
to and use of the Service through the Zillow Rentals platform website located
at www.zillow.com (“Service Website”); (d) your access to and use of resources, text,
pictures, graphics, logos, button items, icons, images, works of authorship and other
information and all revisions, modifications, and enhancements thereto (the
“Content”); and (e) the resolution of all claims and disputes between us through
arbitration. YOU AND CIC UNDERSTAND AND AGREE THAT THE ARBITRATION
PROVISION CONTAINED IN SECTION 25 PROVIDES THAT WE EACH AGREE TO
RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION OR SMALL
CLAIMS COURT TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR ORDER OF, USE OF, AND ACCESS TO THE SERVICE, THROUGH THE SERVICE
WEBSITE, THE CONTENT, AND THE RESOLUTION OF DISPUTES BETWEEN US ARE
SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND
REGULATIONS. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO
THE SERVICE, THROUGH THE SERVICE WEBSITE, AND/OR CONTENT CONSTITUTES
YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH HEREIN,
INCLUDING THE ARBITRATION PROVISION.
By clicking below and by ordering any Service, you agree that CIC will provide you
with the ordered Service in accordance with these Terms of Use.
TERMS OF USE
1. REGISTERING FOR THE SERVICE
Once you register for CIC’s online Service, an access record will be created for you
so that CIC can provide the Service and manage access as required by law. To
complete your registration, you must provide us with your name, a valid address
within the United States and an email address, and agree to be bound by these
Terms of Use.
Because the Service provides access to background information, you must provide a
valid Social Security number, your current address, successfully pass authentication
of your identity, provide true, accurate, complete and current information about
yourself, and any other information requested by CIC or Zillow. By registering, you
certify that you are eighteen (18) years of age or older. If any information you provide
is untrue, inaccurate or not current, or if CIC has reasonable grounds to suspect that
such information is untrue, inaccurate or not current, CIC, at its sole discretion, has
the right to suspend or terminate your order of, use of, and/or access to any Service,
and/or Content, and refuse all current or future orders of, use of, and/or access to,
any Service, and/or Content, or suspend or terminate any portion thereof. Further,
you agree that CIC will not be liable to you or any third party if CIC suspends or
terminates your order of, use of, or access to any Service, or Content, or any portion
thereof, for any reason.
You access the Service through the Service Website, which is governed by the policies
you accepted when creating your account on the Service Website. You agree to
promptly notify CIC at compliance@CICReports.com of any unauthorized access to
the Service, or any loss, theft or disclosure of your Service Website account
credentials that could affect the security of the Service. Failure to provide such
notice shall constitute a breach of this Agreement and shall constitute grounds for
immediate termination of your account and the Service.
Upon your request for the Service, and periodically thereafter, you will be asked
to authenticate your identity in a manner which includes but is not limited to
consumer report information, identifying information (e.g., name, address, social
security number) that you provide and your responses to questions related to your
consumer report information.
2. REPORT SERVICE
The Report Service allows you to establish connections with third parties and
authorize or request that they authorize the sharing of the Background Screening
Report. This Service will enable you as a Consumer to: (a) view your Background
Screening Report ordered by you as a Consumer, and (b) authorize your
Background Screening Report to be viewed by End Users; or if you are an End User,
will enable you as an End User to view the Background Screening Report about a
Consumer for which you have been authorized as an End User, for a limited time.
When instructed by Consumer, Consumer is authorizing CIC to provide Consumer’s
Background Screening Report to End Users with whom Consumer has successfully
connected, for up to thirty days from the date of the Consumer’s most recent order
for Background Screening Report (“Request Time”). Each End User may access the
Consumer’s Background Screening Report and subsequently view a copy of the
Consumer’s Background Screening Report during the remaining Request Time
associated with the applicable order for Background Screening Report unless the
Consumer terminates (deletes, cancels, removes or declines) an End User’s
connection, access request or view capability. When an End User accesses the
Consumer’s Background Screening Report, a copy of the Consumer’s Background
Screening Report will be posted to the End User’s and Consumer’s
accounts. Consumer acknowledges and agrees that CIC is not responsible for
any actions or decisions made by any End Users or third parties with whom the
Consumer has agreed to share Consumer’s Background Screening Report.
If you are an End User, you may provide Zillow with the email addresses of
consumers with whom you wish to connect. Zillow will send a connect request to the
email address provided by you that will include your name, email address and any
text you provide. Your name and email address will be available to all Consumers
with whom you have or had a successful connection. You authorize Zillow to share
your name and email address as described herein and required by the Report
Service. You agree to refrain from using any unlawful, libelous, abusive, obscene,
discriminatory or otherwise objectionable comments. You acknowledge and agree
that CIC and Zillow are not responsible for your or any third party’s comments in user
generated messages that are transmitted by the Report Service.
3. REVIEW AND RECEIPT OF NOTICE TO USERS
If you are an End User, by executing this Agreement, you acknowledge that you have
read, understand and received the Notice to Users of Consumer Reports. The Notice
to Users of Consumer Reports is located at https://www.cicreports.com/FCRA-Notice-to-Users-of-Consumer-Reports.
4. FCRA CERTIFICATIONS
If you are the Consumer, you understand and certify that you are providing “written
instructions” to CIC in accordance with the Fair Credit Reporting Act, 15 U.S.C. §1681
et seq., as amended (“FCRA”) to access and use your consumer report for: (a)
authenticating your identity; (b) providing you with a copy of your Background
Screening Report; and (c) providing End Users with a copy of your Background
Screening Report, upon your request or approval, and for the duration of your use
of the Service.
By requesting a copy of Consumer’s Background Screening Report, you acknowledge
receipt of and certify that you have reviewed and fully understand the following
statutory notices:
Summary of Your Rights Under the Fair Credit Reporting Act (16 C.F.R. Part 601)
located at https://files.consumerfinance.gov/f/documents/bcfp_consumer-rights-summary_2018-09.pdf
Remedying the Effects of Identity Theft located at https://www.ecfr.gov/current/title-12/chapter-X/part-1022/appendix-Appendix%20I%20to%20Part%201022
When requesting a Background Screening Report as an End User, End User
represents and warrants that it has a permissible purpose and is requesting and
using the Background Screening Report strictly in accordance with the FCRA and all
applicable laws and regulations. End User agrees to and shall individually certify End
User’s permissible purpose for access to a Background Screening Report on a
consumer when requested by CIC. End User acknowledges that End User’s use of the
Background Screening Report will be limited to only Renting/Leasing a Property and
no other purpose, and End User will not request or use the Background Screening
Report for any other purpose.
NEITHER END USER NOR CONSUMER IS AUTHORIZED TO REQUEST OR RECEIVE
CONSUMER INFORMATION FOR ANY USE NOT OTHERWISE IDENTIFIED HEREIN,
INCLUDING BUT NOT LIMITED TO CREDIT REPAIR, MARKETING AND EMPLOYMENT.
End User certifies that the use and related permissible purpose that End User
designates is accurate. End User certifies that for each written instruction of a
Consumer who is the subject of the Background Screening Report, such written
instruction will expressly authorize End User to obtain the Background Screening
Report and will contain at a minimum the Consumer’s name, address, and
signature. End User agrees to a limited one-time use of each Consumer’s
Background Screening Report solely for the permissible purpose for which it was
provided.
End User acknowledges and agrees that CIC, in its sole discretion, may require that
End User confirms to have a permissible purpose to access the Services, and
requests that End User complete an additional verification process to continue
accessing the Services. End User understands that End User’s access to the Service
may be suspended until such time as the End User’s review is complete and
approved by CIC.
END USER ACKNOWLEDGES THAT THE FCRA PROVIDES THAT ANY PERSON WHO
KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A
CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER
TITLE 18 OR IMPRISONED NOT MORE THAN TWO YEARS OR BOTH.
5. FCRA DISPUTES OF BACKGROUND INFORMATION
Accurate adverse information on Consumer’s background report cannot be changed.
If Consumer believes that the Consumer’s CIC Background Screening Report contains
inaccurate, incomplete, or information that is the result of fraud or human trafficking
(“Disputed Information”), it is Consumer’s responsibility to contact CIC’s Consumer
Relations Department to dispute such information. Consumer may at any time
request a consumer file disclosure at no charge by contacting CIC’s Consumer
Relations Department at CICReports.com/consumer-disputes or calling 888-316-
4242 for assistance.
If Consumer believes that the Consumer’s CIC Background Screening Report
contains Disputed Information, Consumer agrees not to share or disclose
Consumer’s Background Screening Report with anyone, except CIC.
6. The Fair Housing Act and other fair housing laws
The FHA prohibits discrimination on the basis of race, religion, color, national origin,
sex, handicap (or disability), or familial status in the sale or rental of housing in the
United States. A copy of the FHA is available at https://www.justice.gov/crt/fair-housing-act-1.
End Users (including their staffs and management agents) should be familiar with the FHA generally and undertake affirmative steps to avoid violations
of the FHA. The FHA prohibits both intentional discrimination and discrimination
resulting from application of facially neutral policies that have a disparate impact
on the protected classes listed above.
The United States Department of Housing and Urban Development (“HUD”) oversees
implementation of the FHA. HUD’s Office of General Counsel has issued guidance
(the “OGC Guidance”) that use of criminal screening information may have a
disparate impact on minorities and other protected classes in violation of the FHA.
The OGC Guidance is available at https://www.hud.gov/sites/documents/hud_ogcguidappfhastandcr.pdf. End User represents and warrants that End User is familiar with the above OGC Guidance and
will not utilize Background Screening Reports in a discriminatory manner.
7. CRIMINAL RECORD PROVISIONS
If you access criminal record information through CIC it must meet the
requirements as defined in the following statutes: Freedom of Information Act, 5
USC 552; Crime Control Act, Public Law 93-579, 5 USC 522(a), Title 6, Fair Credit
Reporting Act, Public Law 91-508; and all other state and federal laws governing the
use of criminal record information.
8. POINT OF SALE CERTIFICATION
In compliance with Section 1785.14(a) of the California Civil Code, End User certifies
to CIC that End User is NOT a retail seller, as defined in Section 1802.3 of the
California Civil Code, and does NOT issue credit to consumers who appear in person
on the basis of applications for credit submitted in person.
9. CONFIDENTIALITY
End User acknowledges that a Background Screening Report and/or data provided
by or received by End User includes Consumer’s non-public personal information, and
requires that the End User treat such information responsibly, take reasonable steps
to maintain appropriate confidentiality, and to prevent unlawful dissemination or
misuse. End User agrees that the Service and Background Screening Report shall
only be used as expressly authorized in this Agreement. End User agrees that
under no circumstances will End User sell or otherwise disclose any Background
Screening Report, or information contained in or derived from it, to any third party
unless otherwise required by law.
10. COMPLIANCE WITH LAWS
End User agrees to and shall comply with all federal, state and local laws, rules,
regulations and decisions applicable to your provision to CIC of data and your use
of the Background Screening Report and Service provided under this Agreement,
including all relevant federal, state and municipal statutes and regulations where
the rental property is located. CIC, in its sole discretion, may not include certain
housing court and/or criminal records from the Background Screening Report to
comply with the applicable federal, state, or local laws, regulations or ordinances,
and in accordance with CIC’s policies and procedures.
11. FEES
No fees are charged by CIC to the Consumer or End User for use of the Service.
Any fees for using the Service, if applicable, will be collected through the Service
Website, not by CIC.
12. MODIFICATION OR TERMINATION OF SERVICE
CIC may, in its sole discretion, modify or discontinue any Service or Content, or any
portion thereof, with or without notice. You agree that CIC will not be liable to you or
any third party for any modification or discontinuance of any Service or Content.
13. UPDATED TERMS OF USE
This Agreement may be updated from time to time. You agree to review the
current updates to these Terms of Use, as applicable. Each time you order,
access or use any Service, and/or Content, you signify your acceptance and
agreement, without limitation or qualification, to be bound by the then current
Agreement.
14. TERMINATION OF AGREEMENT
This Agreement may be terminated without cause by CIC at any time upon notice by
email to you. The email address for notice will be the then current email address in
your account profile.
15. NOTICE OF PROSECUTION
Access to and use of any secure areas of the Service, including those accessed
through the Service Website, is restricted to authorized users only. Unauthorized
individuals attempting to access these areas of the Service may be subject to
prosecution.
16. SECURITY MEASURES AND AUTHENTICATION
Because CIC uses security measures designed to protect your privacy and to
safeguard your information, CIC may not always be able to successfully provide a
Service to you. For example, when the system is unable to verify your identity, CIC
may be unable to fulfill your order.
By executing this Agreement, you acknowledge you have reviewed the Access
Security Requirements at https://www.cicreports.com/Access-Security-Requirements
and will take all reasonable measures to comply.
17. PERSONAL INFORMATION
CIC may use your personal information in connection with the Service and as allowed
by CIC’s Privacy Policy. CIC’s Privacy Policy is available
at www.cicreports.com/privacy-policy. You may also request a copy of CIC’s Privacy
Policy by contacting us at compliance@CICReports.com.
18. REVIEW AND RECEIPT OF PRIVACY NOTICE
By executing this Agreement, you acknowledge you have reviewed CIC’s Privacy
Policy and agree to its terms.
19. ON-LINE REQUIREMENTS
By agreeing to these Terms of Use, you are agreeing to CIC’s Consent to
Electronic Signature and Disclosures (available
at https://www.cicreports.com/electronic-consent-policy/). You are agreeing
that you have an email address. You are agreeing to receive all notifications via
email at the email address on file with Zillow®. To ensure receipt of all
notifications, you are obligated to update the email address on file when your
email address changes. By accepting these Terms of Use, you are further agreeing that you:
● HAVE READ AND UNDERSTAND CIC’S ESIGN POLICIES DESCRIBED IN THIS CONSENT;
● CONSENT TO USING ELECTRONIC SIGNATURES;
● AGREE TO HAVING ALL COMMUNICATIONS PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM;
● MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS; AND
● MAY WITHDRAW YOUR CONSENT AT ANY TIME.
20. CALIFORNIA INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT (ICRAA)
In addition to compliance with Section 4 (FCRA Certifications), End User, in its
request for and use of the Service constituting an Investigative Consumer Report
under ICRAA, will comply with all obligations under ICRAA and the California
Investigative Consumer Reporting Agencies Act Policy (“ICRAA”). ICRAA regulates
the use of “investigative consumer reports” (as defined by ICRAA CA Civ Code
1786) for rental property decisions where the consumer is located in California or
the rental property is located in California (as further defined by ICRAA) or the
rental decision is made in California. End User’s continued use of these reports
constitutes End User’s explicit agreement to comply with ICRAA, as well as End
User’s compliance with legal obligations under the Agreement.
End User certifies to CIC that End User has or will make, in accordance with ICRAA,
all applicable disclosures required in the ICRAA and in California Civil Code
§1786.16, subdivision (a) and End User shall comply with subdivision (b). For ease,
the requirements of subdivision (b), as in effect as of the Revised date above, are
set forth below. As used in this section, Investigative Consumer Report means an
Investigative Consumer Report as defined under ICRAA.
End User shall:
(a) provide the consumer a means by which the consumer may indicate on a
written form, by means of a box to check, that the consumer wishes to receive a
copy of any Investigative Consumer Report that is prepared. If the consumer
wishes to receive a copy of the Investigative Consumer Report, End User shall
send a copy of the Investigative Consumer Report to the consumer within three
business days of the date that the Investigative Consumer Report is provided to
End User by CIC. The notice to request the Investigative Consumer Report may be
contained on either the disclosure form, as required by subdivision (a), or a
separate consent form. The copy of the Investigative Consumer Report shall
contain the name, address, and telephone number of CIC as the issuer of the
Investigative Consumer Report and how to contact CIC with respect to
Investigative Consumer Reports;
(b) comply with California Civil Code §1786.40, if End User takes adverse action
against the consumer for which the Investigative Consumer Report relates.
Specifically, End User acknowledges and agrees to provide to consumers for
whom an Investigative Consumer Report is provided, and in the adverse action
cases, to include the contact information below for CIC as provided by CIC to End
User;
(c) limit its provision of the CIC contact information to a Consumer for whom End
User has received an Investigative Consumer Report; and the contact information
for CIC is below:
Contemporary Information Corp.
3700 Crestwood Pkwy, Suite 300
Duluth, GA 30096
Toll Free number - (888) 316-4242
Toll Free fax - (888) 797-2254
https://www.cicreports.com/consumer-assistance/
21. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
CIC is not acting as a credit repair organization when providing Consumer with
the Service, and is not offering to sell, provide or perform any service to Consumer
for the express or implied purpose of either improving Consumer’s credit record,
credit history or credit rating or providing advice or assistance to Consumer with
regard to improving Consumer’s credit record, credit history or credit rating.
Consumer acknowledges and agrees that Consumer is not seeking to purchase,
use, or access any of the Service, Service Website, and Content in order to do so.
22. NO WARRANTY BY CIC
REPORT SUBJECT ACKNOWLEDGES THAT THE INFORMATION PROVIDED TO
CONSUMER THROUGH THE REPORT SERVICE, AND THE CONSUMER’S
BACKGROUND SCREENING REPORT, MAY CHANGE OVER TIME AS CONSUMER’S
REPORT CHANGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THE SERVICE, SERVICE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. ALL
SERVICE, SERVICE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS
AVAILABLE” BASIS. CIC, ITS SUPPLIERS, AND ITS DATA PROVIDERS EXPRESSLY
DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICE,
SERVICE WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM CIC
DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL
ADVICE. CIC MAKES NO WARRANTY THAT (I) THE SERVICE AND CONTENT ARE
ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR CONTENT WILL BE
RELIABLE.
23. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT CIC WILL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO,
USE OF, OR INABILITY TO USE ANY SERVICE, THE SERVICE WEBSITE OR CONTENT,
EVEN IF CIC HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME
JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE
EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS;
FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY
SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF,
NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CIC, THEN YOU
AGREE THAT CIC’S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR
INJURIES FROM CIC’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE
LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE MONETARY AMOUNT, IF
ANY, PAID BY THE APPLICABLE REPORT SUBJECT.
24. ENTIRE AGREEMENT
These Terms of Use, the Privacy Policy, and other policies CIC may post to the
Service Website constitute the entire Agreement between CIC and Consumer or
End User in connection with Consumer’s and End User’s use of the Service,
through the Service Website, and the Content, and supersede any prior versions
of the Terms of Use, if applicable. The Terms of Use are effective until terminated
by CIC. In the event of termination, the Intellectual Property, Disclaimers, and
Limitations of Liability provisions set forth in these Terms of Use will survive, in
addition to any other provisions of this Agreement that would normally survive
termination for any reason. In the event of a conflict between any other notice,
policy, disclaimer or other term contained in the Service Website or otherwise,
these Terms of Use will control. As set forth in Section 32 herein, if any provision
is deemed to be unlawful or unenforceable, it will not affect the validity and
enforceability of the remaining provisions. The foregoing does not apply to
Section 33(f) of this Agreement; if Section 33(f), or any portion thereof, is found to
be unenforceable, the arbitration clause (but only the arbitration clause) shall be
null and void. The section headings are for convenience only and do not have any
force or effect.
25. DATA AND INTELLECTUAL PROPERTY OWNERSHIP
Consumer and End User each acknowledge that CIC has expended substantial
time, effort and funds to create and deliver the Service and compile its various
databases. All data in CIC’s databases and any other intellectual property that are
part of the Service are and will continue to be CIC’s exclusive property. Nothing
contained in this Agreement shall be deemed to convey to Consumer, End User,
or to any other party any ownership interest in or to intellectual property or data
provided in connection with the Service.
CIC does not use Artificial Intelligence (AI) in the collection or hygiene of criminal
or housing court records.
26. TRADEMARKS
Consumer and End User acknowledge and agree that the name CIC and CIC Logo,
and other terms, phrases, graphics, logos, and icons are common law or
registered trademarks, service marks, and/or trade dress of CIC (collectively
“Marks”). Consumer and End User agree not to use any such Content or Marks for
any purpose without CIC’s prior written authorization. CIC’s Marks may not be
used in connection with any product or service that is not CIC’s, in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits CIC. All other trademarks, names, or logos not owned by
CIC that appear on this Service Website are the property of their respective
owners.
27. WAIVER
No failure on the part of either party to enforce any covenant, agreement, or
condition of this Agreement shall operate as a discharge of such covenant,
agreement, or condition, or render the same invalid, or impair the right of either
party to enforce the same in the event of any subsequent breach by the other
party.
28. AUDIT
CIC will have the right to audit your use of the Service to assure compliance with
the terms of this Agreement. You will be responsible for assuring full cooperation
with CIC in connection with such audits and will provide CIC access to such
properties and records as CIC may reasonably require for such purpose.
29. ASSIGNMENT
You acknowledge and agree that CIC may assign or transfer its rights and
obligations under this Agreement to any third party. Any assignment or transfer
shall not entitle you to any change in terms or refunds. End User and Consumer
may not assign or transfer their rights and obligations under this Agreement
without CIC’s written permission, which may be denied in CIC’s sole discretion.
30. GOVERNING LAW
The interpretation and enforcement of the arbitration provision contained in
Section 25 of this Agreement is governed by the Federal Arbitration Act. This
Agreement shall otherwise be governed by, construed and enforced in
accordance with the laws of the State of Georgia without giving effect to any
principles of conflicts of law.
31. SEVERABILITY
This Agreement shall be deemed to be severable and, if any provision is
determined to be void or unenforceable, then that provision will be deemed
severed and the remainder of the Agreement will remain in effect. The foregoing
does not apply to Section 33(f) of this Agreement; if Section 33(f), or any portion
thereof, is found to be unenforceable, the arbitration clause (but only the
arbitration clause) shall be null and void.
32. FORCE MAJEURE
CIC shall not be liable by reason of any failure or delay in the performance of its
obligations hereunder due to any reason beyond its reasonable control.
33. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
SUMMARY:
MOST CONSUMER AND END USER CONCERNS CAN BE RESOLVED QUICKLY AND
TO THE CONSUMER’S OR END USER’S SATISFACTION BY CONTACTING CIC’S
CUSTOMER SERVICE DEPARTMENT AT COMPLIANCE@CICREPORTS.COM
REGARDING THE SERVICE, SERVICE WEBSITE OR CONTENT. IN THE UNLIKELY
EVENT THAT CIC’S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A
COMPLAINT CONSUMER OR END USER MAY HAVE TO CONSUMER’S OR END
USER’S SATISFACTION (OR IF CIC HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT
HAS WITH CONSUMER OR END USER AFTER ATTEMPTING TO DO SO
INFORMALLY), THE PARTIES EACH AGREE TO RESOLVE THOSE DISPUTES
THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL
JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS
MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL
ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED
DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY
COURTS. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN
INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT
PERMITTED. CIC WILL PAY THE CONSUMER’S COSTS OF ARBITRATION, NO
MATTER WHO WINS, SO LONG AS THE CLAIM IS NOT FRIVOLOUS.
Arbitration Agreement:
(a) CIC, End User and Consumer each agree to arbitrate all disputes and claims
against CIC arising out of this Agreement to the maximum extent permitted by
law, except any disputes or claims which under governing law are not subject to
arbitration. This agreement to arbitrate is intended to be broadly interpreted and
to make all disputes and claims between the parties relating to the Service,
Content, and/or your use of the Service Website subject to arbitration to the
fullest extent permitted by law. This agreement to arbitrate includes, but is not
limited to: claims arising out of or relating to any aspect of the relationship
between CIC, End User, and/or Consumer, arising out of the Service, Service
Website, or Content, whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory, including, but not limited to, claims
relating to advertising, claims that are currently the subject of purported class
action litigation in which End User and/or Consumer (as applicable) is not a
member of a certified class, and claims that may arise after the termination of
this Agreement.
For purposes of this arbitration provision, references to “CIC,” “Consumer,” and
“End User” shall include each party’s respective parent entities, subsidiaries,
affiliates, agents, employees, predecessors in interest, successors and assigns, as
well as all authorized or unauthorized users or beneficiaries of Service, Content
and /or Service Website or information under this or prior Agreements between
us relating to the Service, Content and/or Service Website.
Notwithstanding the foregoing, a party may bring an individual action in small
claims court. Consumer and End User agree that, by entering into this Agreement,
Consumer, End User, and CIC are each waiving the respective party’s right to a
trial by jury or to participate in a class action to the maximum extent permitted
by law. This Agreement evidences a transaction in interstate commerce, and thus
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. This arbitration provision shall survive termination of this Agreement.
More information about arbitration is available from www.adr.org.
(b) A party who intends to seek arbitration must first send to the other, by certified
mail, a written Notice of Dispute (“Notice”). The Notice to CIC should be addressed
to: Attn: Compliance, CIC, 3700 Crestwood Parkway NW, Suite 300, Duluth,
Georgia 30096 (“Notice Address”). The Notice must (a) describe the nature and
basis of the claim or dispute; and (b) set forth the specific relief you seek from CIC
(“Demand”). If CIC and the respective party do not reach an agreement to resolve
the claim within 30 days after the Notice is received, the party or CIC may
commence an arbitration proceeding. During the arbitration, the amount of any
settlement offer made by CIC or you shall not be disclosed to the arbitrator until
after the arbitrator determines the amount, if any, to which you or CIC is entitled.
(c) After CIC receives notice at the Notice Address that a Consumer has
commenced arbitration, CIC will promptly reimburse Consumer for payment of
the filing fee. (The filing fee currently is $200 for claims under $10,000, but is
subject to change by the arbitration provider. If Consumer is unable to pay this
fee, CIC will pay it directly upon receiving a written request at the Notice Address.)
The arbitration will be governed by the Commercial Dispute Resolution
Procedures and the Supplementary Procedures for Consumer Related Disputes
(collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as
modified by this Agreement, and will be administered by the AAA. If the AAA is
unavailable or refuses to arbitrate the parties’ dispute for any reason, the
arbitration shall be administered and conducted by a widely-recognized
arbitration organization that is mutually agreeable to the parties, but neither
party shall unreasonably withhold their consent. If the parties cannot agree to a
mutually agreeable arbitration organization, one shall be appointed pursuant to
Section 5 of the Federal Arbitration Act. The applicable forum’s rules shall govern
the parties’ dispute. The AAA Rules are available online at www.adr.org, by calling
the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules
may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability
of this arbitration provision as well as the Agreement’s other terms of
use, and the arbitrator shall have exclusive authority to resolve any such
dispute relating to the scope and enforceability of this arbitration provision or any
other term of this Agreement including, but not limited to any claim that all or any
part of this arbitration provision or Agreement is void or voidable. However, if
putative class or representative claims are initially brought by either party in a
court of law, and a motion to compel arbitration is brought by any party, then the
court shall have the power to decide whether this agreement permits class or
representative proceedings. The arbitrator shall be bound by the terms of this
Agreement and shall follow the applicable law. In this regard, the arbitrator shall
not have the power to commit errors of law or legal reasoning, and any award
rendered by the arbitrator that employs an error of law or legal reasoning may
be vacated or corrected by a court of competent jurisdiction for any such error.
Unless CIC and Consumer or End User (as applicable) agree otherwise, any
arbitration hearings will take place in the county (or parish) of the party’s billing
address. If a claim is for $10,000 or less, the parties agree that the parties may
choose whether the final arbitration hearing will be conducted solely on the basis
of documents submitted to the arbitrator, through a remote hearing, or by an in-person
hearing as established by the AAA Rules. If a party’s claim exceeds $10,000,
the right to a hearing will be determined by the AAA Rules. Except as otherwise
provided for herein, for Consumer-related arbitrations, CIC will pay all AAA filing,
administration and arbitrator fees for any arbitration initiated in accordance with
the notice requirements above.
If the arbitrator finds that either the substance of the Consumer’s or End User’s
claim or the relief sought in the Demand is frivolous or brought for an improper
purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all such fees will be governed by the AAA
Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and
reimbursement of fees and expenses at any time during the proceeding or in the
final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the
dispute will be governed by the AAA Rules.
(f) THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both the party and CIC agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of
a representative or class proceeding. The arbitrator may award injunctive relief
only in favor of the individual party seeking relief and only to the extent necessary
to provide relief warranted by that party’s individual claim. If this specific
subparagraph (f) is found to be unenforceable in its entirety, then the entirety of
this arbitration provision shall be null and void. However, if only a portion of this
subparagraph (f) is found to be unenforceable, then the unenforceable portion of
the provision shall be stricken, and the remainder of subparagraph (f) enforced.
Any claims not subject to individual arbitration under applicable law shall be
stayed in a court of competent jurisdiction pending completion of the individual
arbitration.
(g) Notwithstanding any provision in this Agreement to the contrary, the parties
agree that if CIC makes any change to this arbitration provision (other than a
change to the Notice Address) during your membership in the Service, or
subsequent to your purchase of the Service, you may reject any such change and
require CIC to adhere to the language in this provision as written at the time of
your enrollment or purchase if a dispute between us arises regarding such Service
by providing Notice to CIC at the Notice Address above prior to initiating your
dispute.
BY CLICKING THE “Read and accept CIC Terms of Use” BUTTON,
CONSUMER OR END USER (AS APPLICABLE THROUGHOUT THIS PARAGRAPH)
ACKNOWLEDGE THAT CONSUMER OR END USER HAS READ AND AGREED TO THE
TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION
CONTAINED IN SECTION 33 ENTITLED “DISPUTE RESOLUTION BY BINDING
ARBITRATION,” AND CONSENT TO THIS BINDING ELECTRONIC TRANSACTION.
CONSUMER AND END USER FURTHER AGREE THAT CONSUMER’S OR END USER’S
AUTHORIZED REPRESENTATIVE’S ELECTRONIC SIGNATURE IS EFFECTIVE AND
CONSUMER AND END USER WILL NOT CONTEST THE LEGALLY BINDING NATURE,
VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING THE
ARBITRATION PROVISION CONTAINED IN SECTION 33, BASED ON THE FACT THAT
THE TERMS WERE ACCEPTED ELECTRONICALLY. CONSUMER AND END USER
FURTHER ACKNOWLEDGE AND AGREE THAT CONSUMER AND END USER MAY
RECEIVE RELATED NOTICES AND OTHER SERVICES ELECTRONICALLY
THROUGHOUT CONSUMER’S OR END USER’S ENTIRE COURSE OF PARTICIPATION
IN THE SERVICE.
This Agreement and any related transactions entered into electronically will be
deemed to be “in writing” and to have been “signed” by Consumer or End User
(as applicable) with the same effect as a manual signature (and any electronic
record of such Agreement entered into online will be deemed to be “in writing.”)
The individual agreeing to these Terms of Use acknowledges that he or
she has a printer or other device to print or save this Agreement. After clicking
“Read and accept CIC Terms of Use”, Consumer or End User may contact
CIC at compliance@CICReports.com to obtain a paper copy of this Agreement or
any other electronic record provided as part of the Service. The provision of
certain records in paper form may be subject to additional fees. In addition, the
individual agreeing to these Terms of Use may withdraw the individual’s
consent to conduct transactions electronically by contacting CIC
at compliance@CICReports.com, though doing so will act as a notice of
termination of this Agreement. Consumer and End User are required to maintain
current contact information with CIC at all times Consumer or End User is utilizing
the Service Website.
Updated 10-13-2025