Terms of Service
The agreement between BCS and everyone who uses usabackground.com, opens an account, or orders a consumer report from us.
- Two parts: site terms and client certification
- FCRA obligations stated plainly
- Florida law, Miami-Dade County venue
How this page is organized
Two separate agreements live here. Which one binds you depends on what you do on this site.
Website and service terms
Applies to everyone who visits usabackground.com, opens an account, or orders from us. Covers fees, acceptable use, liability, and termination.
Client certification of use
The FCRA certification every account holder makes before we furnish a consumer report. You accept it when you open an account.
Related documents
Our Privacy Policy governs information handling. Sample disclosure and authorization forms are in the compliance library.
Website and service terms
These terms apply to every visitor and every account holder.
1. Agreement to these terms
BCS Background Screening LLC (“BCS,” “we,” “us,” “our”) operates usabackground.com and the secure ordering platform at mvp.usabackground.com, together the “Service.” These Terms of Service (the “Terms”) form a binding agreement between you and BCS. By visiting the Service, opening an account, or placing an order, you accept these Terms in full. If you do not accept them, please do not use the Service. “You” means the individual using the Service and, where you act for a company, that company as well. You confirm you have authority to bind it. Please read Section 9 carefully. It limits the amount we can be held liable for.
2. What we provide
BCS is a consumer reporting agency under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 and following (the “FCRA”). We compile and furnish consumer reports and investigative consumer reports to clients who certify a permissible purpose. We also publish sample forms, guides, and other compliance resources on this site as guidance and starting point, never as legal advice. We continuously strongly recommended to consult your own legal counsel.
We do not give legal advice
Our forms, templates, package suggestions, and account configuration support are general resources. They are not drafted for you, not tailored to your circumstances, and not a substitute for counsel. By using any of them you confirm that you have reviewed them, obtained independent legal advice on their use, and accepted sole responsibility for adopting them.
Compliance with every law that governs your use of reports remains your responsibility alone.
3. Eligibility and your account
Accounts are issued to businesses and to individuals ordering reports on themselves. You must be at least 18 years old to open one. Before we activate a business account, we verify your identity, your business, and your stated permissible purpose. We may decline any application.
Your obligations
- Give accurate, current information when you register, and keep it updated.
- Keep your account number, usernames, and passwords confidential.
- Enable Multiple Authentication Factor (MAF) on every user account. We strongly recommend it and may require it.
- Issue each authorized user a unique login. Never share credentials.
- Tell us immediately at support@usabackground.com if you suspect unauthorized access.
You are responsible for everything done under your credentials, whether or not you authorized it.
4. Orders, fees and payment
Prices for each search appear on the Service and in your account. Several searches also carry third-party costs, such as county court access fees, state repository fees, and verification charges. We pass those through including our advance processing fee, and they can change without notice because we do not set them.
| Item | How it works |
|---|---|
| When you are charged | At the time you submit an order, unless your account is set up for invoicing. |
| Payment authorization | You authorize us to charge the payment method on file for searches you or your users order, and for the third-party fees those searches incur. You may change or remove the method in your account at any time, which ends the authorization for future orders. |
| Completed work | Fees are earned when a search is performed. A result you did not expect, including a clear record, is still completed work. |
| Refunds | We refund a search we could not perform, and we correct any billing error. Contact us within 60 days of the charge. |
| Declines and past due amounts | We may suspend ordering if a payment fails or an invoice goes unpaid, and may charge interest on past due balances at the lower of 1.5% per month or the maximum the law allows. |
| Taxes | Prices exclude taxes. You are responsible for any that apply, except taxes on our income. |
| Billing disputes | Raise a dispute with us first at support@usabackground.com. We would rather fix a billing problem than have it reach your card issuer. |
You agree to pay our reasonable costs of collecting any amount you owe that is properly due, including collection agency and attorney fees.
5. Acceptable use
We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for its intended purpose. You agree not to do any of the following:
- Order a report without a permissible purpose under the FCRA, or misstate that purpose.
- Use a report for any purpose other than the one you certified.
- Resell, republish, or redistribute a report or its contents, except as the FCRA allows.
- Use the Service to harass, stalk, discriminate unlawfully, or harm anyone.
- Scrape, crawl, mine, or bulk-download any part of the Service.
- Reverse engineer, decompile, or attempt to derive source code.
- Probe, scan, or test the security of the Service, or bypass any access control.
- Upload malicious code, or interfere with the Service or anyone else’s use of it.
- Share credentials, or let an unauthorized person order through your account.
- Impersonate anyone, or misrepresent your affiliation.
We may investigate suspected misuse and cooperate with law enforcement.
6. Intellectual property
The Service, its software, text, graphics, report layouts, and compilations belong to BCS or our licensors. They are protected by copyright, trademark, and other laws. “USAbackground.com,” “BCS Background Screening,” and our logos are our marks. Do not use them without written permission. You keep ownership of the data you submit. You grant us the rights we need to process it and deliver the Service. If you send us feedback or suggestions, we may use them freely and without obligation to you.
7. Sources, accuracy and turnaround
We follow reasonable procedures to assure maximum possible accuracy, as the FCRA requires.
Even so, our reports draw on courts, government agencies, and other third-party sources that we do not control. Those sources vary in how current, complete, and available their records are. Some restrict what they release. Consequently, we cannot guarantee that any report is complete, and we do not guarantee turnaround times. Estimated turnaround is an estimate, not a commitment. Court closures, backlogs, and clerk policies all affect it. We also make no representation about what a report means for any hiring, tenancy, or credit decision. That judgment is yours.
Nothing in this section limits the rights the FCRA gives consumers, including the right to dispute information in a report. See our Privacy Policy for how to start a dispute.
8. Disclaimer of warranties
THE SERVICE AND ALL REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT THE LAW ALLOWS, BCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY RECORD SEARCH WILL LOCATE EVERY RECORD THAT EXISTS.
SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
9. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, BCS AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, OR LOST DATA, EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS.
THIS LIMIT APPLIES REGARDLESS OF THE THEORY OF LIABILITY, AND IT SURVIVES ANY FAILURE OF AN ESSENTIAL PURPOSE OF A REMEDY.
What this section does not limit
This section does not limit liability for our own gross negligence, willful misconduct, or fraud. It does not limit or waive any right a consumer has under the FCRA. It does not apply where the law forbids the limitation. The parties agree that these limits reflect a reasonable allocation of risk and are part of the basis on which prices are set.
10. Indemnification
You agree to defend, indemnify, and hold BCS harmless from any claim, loss, liability, penalty, or expense, including reasonable attorney fees, that arises from:
- Your use of the Service or of any report we furnish.
- Any failure by you or your users to meet FCRA, state, or local requirements.
- Ordering a report without a permissible purpose, or using one for an uncertified purpose.
- Any decision you make based on a report.
- Your breach of these Terms or of the certification in Part 2.
- Any unauthorized access that results from your handling of credentials.
We will notify you of any claim and let you control the defense, provided you use competent counsel and settle nothing that imposes an obligation on us without our written consent.
11. Term, suspension and termination
These Terms apply for as long as you use the Service or hold an account. You may close your account at any time by contacting us. Amounts already incurred remain payable. We may suspend or close an account immediately, with or without notice, if we reasonably believe that:
- You lack a permissible purpose, or have used a report improperly.
- Your account has been compromised or is being used by an unauthorized person.
- You have breached these Terms or the certification in Part 2.
- Payment has failed or an invoice is materially past due.
- Continuing to furnish reports would expose us or a consumer to legal risk.
We may also stop offering the Service, or any part of it, on reasonable notice.
Sections 6 through 10, 12, 13, 14, and 20 survive termination. After closure we retain records for as long as the FCRA, state law, and our Privacy Policy require.
12. Confidentiality
Each party may learn non-public information about the other through this relationship.
Both agree to protect it with at least reasonable care and to use it only for this agreement. Consumer report information carries the stricter duties set out in Part 2 and in the FCRA, which control if they conflict with this section. Neither party is bound as to information that is public, already known, independently developed, or lawfully received from someone else. Either party may disclose what a court or agency lawfully requires, after giving notice where notice is permitted.
13. Governing law and disputes
Florida law governs these Terms and any dispute arising from them, without regard to conflict of law rules. You and BCS agree that the state and federal courts serving Miami-Dade County, Florida have exclusive jurisdiction, and both parties consent to venue there.
Talk to us first
Before filing anything, send a written description of the dispute to support@usabackground.com
Both parties agree to try in good faith to resolve it within 30 days.
Attorney fees
In any action arising out of these Terms, the prevailing party may recover its reasonable attorney fees and costs from the other party. Separately, you remain responsible for our reasonable costs of collecting amounts properly owed, as stated in Section 4.
Time limit
Any claim arising out of these Terms must be brought within one year after it accrues, except where the law sets a period that cannot be shortened. Claims under the FCRA follow the FCRA’s own limitation periods.
14. General provisions
| Provision | What it means |
|---|---|
| Entire agreement | These Terms, the Part 2 certification, and any signed service agreement are the whole agreement between us. A signed service agreement controls where it conflicts. |
| Severability | If a provision is unenforceable, it is narrowed only as far as needed and the rest stays in force. |
| No waiver | Not enforcing a right once does not waive it later. |
| Assignment | You may not assign these Terms without our written consent. We may assign them to a successor in a merger or sale of the business. |
| Notices | We may notify you by email or in your account. Send notices to us at 1172 South Dixie Hwy #257, Coral Gables, FL 33146, or support@usabackground.com. |
| Force majeure | Neither party is liable for delays caused by events beyond reasonable control, including court closures, outages, and natural disasters. |
| Relationship | We are independent contractors. Nothing here creates a partnership, joint venture, or employment relationship. |
| No third-party rights | These Terms create no rights for anyone other than you and BCS, except that the FCRA gives consumers rights independent of this agreement. |
| Headings | Headings are for convenience and do not affect interpretation. |
15. Changes to these terms
We may update these Terms as our services, technology, or the law changes. When we do, we revise the “Last updated” date at the top of this page. If a change materially affects your rights or obligations, we will email account holders at least 15 days before it takes effect. Your continued use after the effective date means you accept the change. If you do not accept it, contact us to close your account before that date.
Client certification of use for consumer reports
Every BCS account holder makes the certification below before we furnish a consumer report. It is required by the Fair Credit Reporting Act, Public Law 91-508, 15 U.S.C. § 1681 and following.
Certify a purpose
State a permissible purpose before every order, and use the report only for that purpose.
Disclose and get consent
Give a standalone written disclosure and obtain written authorization before ordering.
Pre-adverse notice
Send the report and the Summary of Rights, then allow time to respond, before you decide.
Adverse action notice
After the decision, send the notice with all four required elements.
16. Permissible purpose
A consumer report is any report used to determine a person’s eligibility for a purpose the FCRA recognizes. That includes employment screening, promotion, reassignment, and periodic rechecks, volunteer screening, tenant screening, and use in connection with credit, a financial transaction, or insurance underwriting.
You certify that you have a permissible purpose for every report you order, and that you will state it accurately. You further certify that you will use each report only for the purpose you certified, and for no other. We furnish every report in reliance on that certification. We may ask you to re-certify, and we may audit your use of reports on reasonable notice. You agree to cooperate.
17. Before you order an employment report
You certify that you will not request a consumer report for employment purposes unless all of the following are true.
- Standalone disclosure. You have given the consumer a clear and conspicuous written disclosure, in a document that consists solely of that disclosure, stating that a consumer report may be obtained for employment purposes.
- Written authorization. The consumer has authorized the report in writing.
- Investigative reports. If you request an investigative consumer report, which involves personal interviews about character or reputation, you have disclosed that in writing not later than three days after the date the report was first requested.
- Nature and scope. You will respond in writing to any request from the consumer for the nature and scope of the investigation, not later than five days after you receive the request or after the report was first requested, whichever is later.
- Summary of Rights. You have a current copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” in the form approved by the regulator, ready to provide. We supply an initial copy.
- Lawful use. Your use of the report complies with all federal, state, and local law that applies to you, including any restriction on the use of criminal history.
18. Before you take adverse action
Adverse action means denying employment, tenancy, credit, or another benefit, in whole or in part, because of a consumer report. The FCRA requires two separate notices, sent at two different times. This is the first.
Pre-adverse action, before you decide
You certify that before taking adverse action based in whole or in part on a report, you will give the consumer:
- A copy of the consumer report you relied on.
- A copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.”
You will then allow a reasonable period for the consumer to review the report and respond before you make the decision final.
19. After you take adverse action
Once the decision is final, you certify that you will give the consumer a second notice. It may be written, oral, or electronic, and it must contain all four of the following.
| Required element | What to include |
|---|---|
| 1. Our contact details | BCS Background Screening LLC, 1172 South Dixie Hwy #257, Coral Gables, FL 33146, (800) 661-0278. |
| 2. Who made the decision | A statement that BCS did not make the decision to take the unfavorable action and cannot give the reasons for it. This element is frequently omitted, and omitting it is a violation. |
| 3. Free file copy | Notice of the consumer’s right to obtain a free copy of the report from BCS by asking within 60 days of the adverse action. |
| 4. Right to dispute | Notice of the consumer’s right to dispute with BCS the accuracy or completeness of any information we furnished. |
You acknowledge that this entire procedure must be repeated before any future report on the same individual is requested.
20. Handling and disposal of reports
You will hold the contents of every consumer report in strict confidence. You will disclose a report only to those within your organization who need it for the certified purpose, and to the consumer.
You will not resell, republish, or redistribute a report except as the FCRA allows.
When a report is no longer needed, and when applicable rules permit destruction, you will dispose of it properly.
- Shred, burn, or pulverize paper copies so they cannot be read or reconstructed.
- Erase or destroy electronic files so they cannot be recovered.
These duties survive the closing of your account.
21. About national and multi-state criminal databases
Several states that report to criminal database repositories now restrict the display of dates of birth, for privacy reasons.
As a result, the criminal information returned from a database search may be limited, and identity matching on data alone becomes harder.
We therefore recommend that you supply additional identifiers, such as address history or physical description, to improve matching accuracy.
Where dates of birth are redacted, we cannot guarantee completeness, and records tied to common name combinations may be missed.
Please review every result carefully and contact us with any question about identity verification.
Always verify a database hit at the source
Consistent with FCRA guidance, any derogatory record found at the nationwide database level should be confirmed by a real-time county court or state agency search.
A case can be down-pleaded, sealed, or expunged after the database record was created, so only the court holds the current disposition.
22. Access security requirements
The FCRA regulates consumer reporting agencies, and it also governs the users of the information.
By logging into the BCS platform, you acknowledge your familiarity with the Fair Credit Reporting Act.
We suggest that you and your staff become familiar with these sections in particular.
| FCRA section | Subject |
|---|---|
| § 604 | Permissible purposes of consumer reports |
| § 606 | Disclosure of investigative consumer reports |
| § 610 | Conditions of disclosure to consumers |
| § 615 | Requirements on users of consumer reports |
| § 616 | Civil liability for willful noncompliance |
| § 617 | Civil liability for negligent noncompliance |
| § 619 | Obtaining information under false pretenses |
| § 620 | Unauthorized disclosures by officers or employees |
Each of these has direct consequences for anyone who obtains reports on consumers.
Reports may be issued only for a permissible purpose, and you must identify a report ordered for employment purposes at the time you order it.
State laws may impose further limits on your use of reports, and you remain solely responsible for meeting them.
BCS endorses the letter and the spirit of the FCRA. We believe it preserves a fair balance between the rights of consumers and the legitimate needs of commerce.
Security measures you agree to maintain
As a reseller, we are obligated to implement policies that protect the confidentiality of consumer databases. Accordingly, every client must take the following precautions.
- Keep your account number and passwords known only to key personnel, and never post them anywhere in your facility.
- If you use access software, whether built in-house or purchased, embed or hide the account number so that only supervisory personnel know it, and assign every user a unique login.
- Never discuss account numbers or passwords by telephone with an unknown caller, even one who claims to be an employee.
- Limit the ability to obtain consumer information to a small number of key personnel.
- Place any device used to obtain consumer information in a secure location that is difficult for unauthorized people to reach.
- Turn off and lock those devices outside business hours and whenever key personnel are not present.
- Shred or otherwise destroy paper copies of reports when they are no longer needed and destruction is permitted.
- Erase or render unreadable electronic files containing report data when they are no longer needed and destruction is permitted.
- Notify us immediately if you suspect that credentials or report data have been compromised.
23. Penalties for misuse
Failure to comply with FCRA requirements can bring federal and state enforcement actions as well as private lawsuits, under sections 616, 617, and 621.
“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, United States Code, imprisoned for not more than 2 years, or both.”
Fair Credit Reporting Act § 619, 15 U.S.C. § 1681q
Officers and employees of a consumer reporting agency who make unauthorized disclosures face the same exposure under section 620.
24. Electronic signature and certification
By submitting this form electronically, I certify and agree as follows.
By electronically submitting my name, payment information, and company information, I bind and legally obligate myself to the same extent as I would by signing my name on a printed version of this form.
I certify that I have read, understand, and accept these Terms of Service and the certification above.
I certify that the information I have provided is accurate and that I am authorized to bind the company named in the application.
I authorize BCS Background Screening LLC to charge the payment method I provide for searches ordered through my account and for the third-party fees those searches incur, until I change or remove that payment method.
Any facsimile or electronic submission of this agreement is deemed the original agreement between the parties, and carries every legal right and remedy available under Florida law.
You and BCS each consent to do business electronically, and agree that electronic records and signatures satisfy any requirement that an agreement be in writing.
25. How to contact us
Questions about these terms, your account, or a report we furnished? Reach us any of these ways.
1172 South Dixie Hwy #257
Coral Gables, FL 33146
Notices under Section 14
These Terms describe the agreement between you and BCS Background Screening LLC. They do not limit any right the Fair Credit Reporting Act gives to consumers.