Terms of Service

1. Introduction and Acceptance of Terms

Welcome to PreSearch, Inc. (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, services, content, and applications (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Eligibility and Registration

By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you use our Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3. Service Description

PreSearch, Inc. provides background screening services and related information to businesses and individuals. Our Services may include, but are not limited to, employment background checks, tenant screening, criminal background searches, verification services, and other related services.

4. User Responsibilities

When using our Services, you agree to:

• Provide accurate and complete information
• Use the Services only for lawful purposes
• Obtain proper authorization before requesting background information on any individual
• Comply with all applicable laws, including the Fair Credit Reporting Act (FCRA), Equal Employment Opportunity Commission (EEOC) guidelines, and other relevant regulations
• Maintain confidentiality of any access credentials provided to you
• Notify us immediately of any unauthorized use of your account
• Use information obtained through our Services in compliance with applicable laws and regulations

5. Permitted Use and Restrictions

You may use our Services only as expressly permitted in these Terms and in compliance with all applicable laws and regulations. You may not:

• Resell or redistribute our Services or information without our express written consent
• Use our Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any portion of our systems
• Use our Services in any way that could damage, disable, or impair our systems or interfere with other users
• Copy, adapt, modify, prepare derivative works from, distribute, license, sell, transfer, publicly display or perform, transmit, stream, broadcast, or otherwise exploit the Services or content, except as expressly permitted
• Use any robot, spider, crawler, scraper, or other automated means not provided by us to access the Services or extract data
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass measures employed to prevent or limit access

6. Payment Terms

• Fees for our Services are as specified in your service agreement or on our website
• Payment is due upon ordering services unless other arrangements have been made in writing
• We reserve the right to modify our pricing with appropriate notice
• All fees are non-refundable except as required by law or as explicitly set forth in these Terms
• You are responsible for all applicable taxes in addition to the fees
• Unpaid accounts may be subject to suspension of services, late fees, and collection proceedings

7. Intellectual Property Rights

All content, features, and functionality on our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by PreSearch, Inc., our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any rights to use our trademarks, logos, domain names, or other distinctive brand features without our prior written consent.

8. Confidentiality and Data Use

• We take reasonable measures to protect confidential information
• You agree that we may use anonymized, aggregated data derived from our Services for research, product improvement, and general business purposes
• We will handle all personal information in accordance with our Privacy Notice
• You shall maintain the confidentiality of any non-public information disclosed to you through our Services

9. Disclaimer of Warranties

To the maximum extent permitted by law, our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or timeliness of the Services or that the Services will be error-free or operate without interruption.

10. Limitation of Liability

To the maximum extent permitted by law, in no event shall PreSearch, Inc., its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Services. Under no circumstances will our aggregate liability for all claims relating to the Services exceed the greater of $100 USD or the amount paid by you to PreSearch, Inc. for the Services in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless PreSearch, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your violation of any applicable laws, rules, or regulations.

12. Term and Termination

• These Terms remain in effect while you use our Services
• We may terminate or suspend your access to our Services at any time, without prior notice or liability, for any reason, including without limitation if you breach these Terms
• Upon termination, all provisions of these Terms which should survive termination shall remain in effect

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website. Your continued use of our Services after such changes constitutes your acceptance of the revised Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Ashland County, Wisconsin for the resolution of any disputes arising from these Terms or your use of the Services.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

16. Dispute Resolution

Any dispute arising from or relating to these Terms or our Services shall be resolved through binding arbitration conducted in Ashland, Wisconsin, except where prohibited by law. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award shall be in writing, shall provide an explanation for all conclusions of law and fact, and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.

17. Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, pandemic, epidemic, civil or military authority, acts of terrorism, riots, or natural disasters.

18. Entire Agreement and Assignment

These Terms constitute the entire agreement between you and PreSearch, Inc. regarding our Services and supersede any prior agreements. You may not assign these Terms without our prior written approval. We may assign these Terms without restriction.

19. Contact Information

If you have any questions about these Terms, please contact us at: PreSearch, Inc., 310 Stuntz Ave STE 201, Ashland, WI 54806. Email: support@psbi.com. Phone: (800) 574-0394.