Terms and Conditions

Services

The eduCheck™ service (the "Services") is an information service provided by Credentials Inc. ("Credentials"). By using these Services and for every additional request Credentials receives from you, you agree to be bound by these terms and conditions.

User of the Information

All information provided to you is based on your representation that the information will be used for the legitimate business purpose of verifying the accuracy of the college and/or university background of:

  1. employees or potential candidates for employment within your organization or
  2. employees or potential candidates for employment for organizations that you are authorized to represent or
  3. your own self or
  4. your own legal dependents as defined by the tax code of the United States Internal Revenue Service

You certify and agree that you, or the company you represent, have a legal release from the subject of your inquiry and that you will not use the information for purposes prohibited by law or for providing advice to any other entities. When any transaction initiated by you involves the use of an individual's United States Social Security number or other Personally Identifiable Information (PII), you represent that you are using said identifiers with the express written consent of the individual and (for purposes of our privacy audit activities only) will surrender proof of such written consent to Credentials Inc. upon our request. It is understood and agreed that the information is for the internal use only of your firm or the organization you are authorized to represent. You hereby agree to indemnify, defend, and hold harmless Credentials from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or related to any claims or actions brought against Credentials as a result of any unauthorized, unlawful or improper use of the information provided to you.

Confidentiality of the Information

All information provided hereunder shall be held in strict confidence and shall not be reproduced, revealed or made accessible in whole or in part, in any manner, to any other entity except to the sources of the information or as authorized or required by law.

Payment for Services

You agree to pay Credentials for the Services rendered in accordance with the amounts shown on the Schedule of Charges page that will be shown to you as part of entering the transaction. Unless you make alternative arrangements for payment with Credentials, your registration on the educheck web site and request for Services from Credentials will authorize Credentials to charge the credit card account you specified in the process of enrollment (or the credit card you provided when initiating your transaction) for any Services rendered to you. You hereby acknowledge Credentials' right to deny you future Services should you fail to pay for any prior Services that have been delivered in good faith to you by Credentials. You agree and acknowledge that all charges billed to your credit card for transactions that you (or persons authorized by you) initiate will appear on your credit card billing statement under the merchant name of “Verifications” and not educheck (our Internet web-site). If at any time, you instruct your credit card issuer to cancel legitimate transactions that we have charged to the credit card you provided, you accept responsibility for reimbursing Credentials for any charges imposed on us by our merchant services provider because of your actions. You further acknowledge that because of the policies in effect at individual institutions and the actions of a particular student or alumnus/a, we may be temporarily or indefinitely constrained from providing you with the final results or status of your verification request. Such circumstances generally arise when a particular student/alumnus

  1. has an unresolved obligation to the institution or
  2. has exercised his/her rights under the Family Educational Rights and Privacy Act of 1974 (FERPA)

and thereby prohibited the institution from releasing any of his/her records without explicit authorization. These situations ("blocks") are in fact normal transactions and will not be construed under any circumstances as non-billable transactions. When the subject of your request for Services has resolved the issue with the institution or has removed the privacy election, updated results of your verification request will be forwarded to you automatically by Credentials at no additional charge.

Representation and Warranty Certain Warranty Disclaimers

The data and information provided to you is based upon information supplied to and compiled or otherwise assembled by Credentials from institutions of higher education that Credentials represents. Credentials represents and warrants that the information provided to you is an accurate representation of information supplied to Credentials from the above referenced source to the extent that Credentials may lawfully provide the information or Services requested by you. It is understood that Credentials may be barred by law or contract from providing certain information and Services. Credentials therefore makes no representations, warranties (express, implied or statutory) or covenants with respect to the condition, quality, completeness or suitability of the information provided. In particular, Credentials disclaims any warranty of fitness for a particular purpose and any warranty of merchantability with respect to Services and the information provided hereunder. You also acknowledge that every business decision, to some degree or another, represents the assumption of risk and that Credentials, in furnishing information or providing the Services hereunder, does not and cannot underwrite or assume your risk in any manner whatsoever. You therefore agree that Credentials shall not be liable to you for any loss or injury arising out of or caused, in whole or in part, by Credentials' acts or omissions in reporting, communicating, supplying or delivering the information in the database or in providing the Services hereunder.

Limitation of Liability

Notwithstanding any other provision in these terms and conditions, if liability is imposed on Credentials, you agree that Credentials' aggregate liability for any and all losses, damages, liabilities or injuries to you arising out of any acts or omissions of Credentials in connection with anything done or furnished hereunder, regardless of the cause of the loss or injury and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount paid for the Services furnished hereunder and you covenant and agree that you will not sue Credentials for a greater amount.

Governing Law

These terms and conditions shall be governed by the laws of the State of Illinois, without regard to its principles of conflict of laws, and where applicable, by the federal laws of the United States of America.