Customer Agreement and Terms of Use

 

1. In this agreement, the words "you" or "your" mean each person who has an account or other relationship which is accessible through the Fulcrum DOC Software System and any person authorized to access such Fulcrum DOC Software System services.

 

2. Definitions:

"Fulcrum DOC" shall mean the software system which is accessed through the Fulcrum DOC (Daily Offense Check) website. (www.fulcrumdoc.com, doc.fulcrumcorp.com, or certain other web addresses).

 

"AOC" shall mean the North Carolina Administrative Office of the Courts.

 

"Subject" shall mean any person you enter into Fulcrum DOC.

 

"Possible Match" shall mean a criminal offense in the AOC database which the Fulcrum DOC system determines may have been committed by a given Subject.

 

"False Positive" shall mean a Possible Match which was not, in fact, committed by the Subject in question.

 

3. When you use Fulcrum DOC or you permit any other person or other entity to use Fulcrum DOC, you agree to the terms and conditions which are set out in this agreement.

 

4. You acknowledge that Fulcrum DOC is an advisory system only. You specifically acknowledge that Possible Matches are not guaranteed to be correct. Your subjects may commit offenses that are not detected by the Fulcrum DOC system. In addition, the Fulcrum DOC system may notify you of Possible Matches that were in fact not committed by any of your subjects.

 

5. The algorithm used for determining Possible Matches is proprietary to Fulcrum Software Corporation. You agree that under no circumstances will Fulcrum Software Corporation be under any obligation to reveal any details about the algorithms or programming logic that are used to determine "Possible Matches".

 

6. You acknowledge that the results obtained through Fulcrum DOC are not guaranteed to be correct. While the information furnished is from reliable sources, its accuracy is not guaranteed.

 

7. You acknowledge that use of available data may be subject to FCRA and other applicable law.

 

8. You acknowledge that the official custodian of all official court records for each county in North Carolina is the Clerk of Superior Court of that county. The N.C. Administrative Office of the Courts (AOC) is not the official custodian of any case record, and provides only copies of data entered by the Clerks. Data extracts provided through this service may not reflect pending or post-disposition activity on a case. AOC does not warrant the accuracy of the data. To verify a record's accuracy, contact the Clerk of the county of record.

 

9. You indemnify and hold harmless Fulcrum Software Corporation against any and all claims of identity theft or loss of data which are in any way related to your use of Fulcrum DOC. You further indemnify Fulcrum Software Corporation against any claims of defamation of character or related claims arising from the occurrence of False Positives.

 

10. You acknowledge that you alone are responsible for the acquisition and maintenance of the data you enter into the Fulcrum DOC system. You assert that you have obtained the data regarding your Subjects in a lawful manner. You further assert that all your Subjects have given you permission to conduct criminal background checks using their personally identifiable information.

 

11. You acknowledge that Fulcrum DOC will attempt to send notifications of Potential Matches through email. You acknowledge that there are many circumstances that may delay these notifications or prevent them altogether. You hold Fulcrum Software Corporation harmless in any circumstance that may prevent emails from reaching you or anyone associated with your organization.

 

12. You assert that you will not allow any individuals or organizations that develop software or provide any type of background check services to use or have access to any of the screens in Fulcrum DOC. You further assert that you will not allow any individuals or organizations that develop software or provide any type of background check services to see any of the emails which are sent by Fulcrum DOC. You further assert that you will not allow any individuals or organizations that develop software or provide any type of background check services to see any printouts of screens, emails, or attachment which were created or presented by Fulcrum DOC. You acknowledge that violation of this provision will constitute irreparable harm to Fulcrum Software Corporation.

 

13. You acknowledge that information about Possible Matches will only be available for 30 days from the time at which the Possible Match in question was initially identified by Fulcrum DOC.

 

 

WARRANTY

14. Limited Warranty and Disclaimer of Liability

 

a. Results Not Warranted. Fulcrum Software Corporation has no control over the conditions under which you use Fulcrum DOC and does not and can not warrant the results obtained by such use.

 

b. Limitations on Warranty. Fulcrum Software Corporation does not warrant that the functions contained in the Fulcrum DOC will meet your requirements or that the operation of Fulcrum DOC will be uninterrupted or error free.

c. Exclusion of Implied Warranties. ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED.

 

d. Limitations on Data. FULCRUM SOFTWARE CORPORATION PROVIDES NO WARRANTIES THAT THE DATA OBTAINED THROUGH FULCRUM DOC IS CORRECT OR COMPLETE.

 

e. Hold Harmless. You agree to indemnify and hold Fulcrum Software Corporation and its officers and employees harmless from all loss, risk of loss, and damages in the event of any claim, demand, suit, or judgment by a third party related to your use of Fulcrum DOC.

 

15. General

 

a. Complete Agreement; Amendment. You acknowledge that you have read this Agreement, and agree to be bound by its terms, and further agree that this Agreement is the complete and exclusive statement of the agreement between you and Fulcrum Software Corporation which supersedes and merges all prior proposals, understandings, and all other agreements, oral and written, between the you and Fulcrum Software Corporation relating to this Agreement.

 

b. Governing Laws. This Agreement and performance under this Agreement shall be governed by the laws of the State of North Carolina.

 

c. Severability. If any provision of this Agreement is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible.

 

d. Assignment. You may not assign or sublicense, without the prior written consent of Fulcrum Software Corporation, your rights, duties, or obligations under this Agreement to any person or entity, in whole or in part.