Thank you for visiting the website located at www.dateschecker.com. The Site is the property of Dates Checker that provides a service to view a summary of an individual’s background check status for online dating purposes.
Dates Checker is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA) because the services provided are not intended to determine eligibility for credit or insurance of any kind, employment of any kind, or for consumer business transactions. Dates Checker does not make any representation or warranty about individuals’ credit standing, reputation, or business qualifications.
These Terms and Conditions apply to when you: access, view, or otherwise use any page on the Site and/or submit an online application for a Dates Checker or check a date’s link via Dates Checker. By engaging in any of these actions, you acknowledge and agree that you (a) have read, understand, and agree to be bound by these Terms and Conditions; (b) consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the site or through any other interactions with Dates Checker; and (c) waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require (i) an original signature, (ii) delivery or retention of non-electronic records, or (iii) payments or the granting of credits in ways other than through electronic means. The Site and Member Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If you are under eighteen (18) years of age or do not agree to these Terms and Conditions in their entirety, do not access, view, download, or otherwise use any page on the Site other than the home page and do not submit an online application for a Dates Checker.
Dates Checker may modify these Terms and Conditions, in whole or in part, from time to time in its sole discretion, effective immediately upon posting modified Terms and Conditions to the Site.
Restrictions on Use of the Site and Information Obtained from Dates Checker
Dates Checker is a service offering confirmation of an acceptable background check on individuals. Users are prohibited from:
1. Using Dates Checkers for purposes prohibited under the FCRA;
Because Dates Checker is not a Consumer Reporting Agency, you are prohibited under the FCRA from using any information obtained from the Site, but not limited to, information obtained through Dates Checkers, as a factor in determining the Search Subject’s eligibility for:
Employment. Including, but not limited to, when evaluating a person for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers).
Tenancy. Including, but not limited to, deciding whether to lease a residential or commercial space to a person.
Educational Admission or Benefits. Including, but not limited to, assessing a person’s qualifications for an educational program or scholarship.
Personal Credit, Loans, or Insurance. Including, but not limited to, assessing the risk associated with providing credit, a loan, or insurance based on a person’s existing debt obligations.
Business Transactions Initiated by an Individual Consumer. Including, but not limited to, determining whether a person continues to meet the terms of a personal customer account.
Using information about a person obtained from Dates Checker in these ways violates both these Terms and Conditions and the law, and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, and report violators to law enforcement as appropriate.
2. Use the Site, or Content, including, but not limited to, Dates Checker Checks: (a) in violation of any applicable foreign or domestic laws, statutes, rules, regulations, or judicial decrees; (b) in a manner that does or is intended to cause emotional or physical harm to, discriminate against, or “stalk” or otherwise harass any other person; (c) to seek information about or harm minors in any way; (d) to seek information about celebrities or public figures; (e) to produce or distribute any libelous, obscene, or indecent material; or (f) to infringe upon the legal or proprietary rights of any third parties (including, but not limited to, copyright, patent, trademark, trade secret, and other intellectual property rights; publicity rights; and privacy rights);
3. Distribute, transmit in any way to any other computer, website, or other medium, or otherwise provide any Services, or other material posted to or made available by or through the Site, including, but not limited to, Content and results of Dates Checker Checks, in any way to any third party, except for your approved check url link.
4. Provide or submit any information or data to Dates Checker or conduct any Dates Checker Checks concerning people that you are not authorized to provide, submit, or conduct;
5. Directly or indirectly reproduce, create, compile, or incorporate any part of the Site including, but not limited to, any database, collection, compilation, directory, or information retrieval system, electronic or otherwise;
6. Use, copy, reproduce, record, retransmit, emulate, clone, sell, rent, lease, decompile, disassemble, reverse engineer, broadcast, distribute, publish, upload, post, publicly display, perform, digitize, compile, or translate any part of the Site, Content, Dates Checker Checks, Member Services, or other material posted to or made available by or through the Site for any commercial purpose or for any purpose that is competitive, in Dates Checker’s sole discretion, to Dates Checker;
7. Access the Site through any automated or manual process for the purpose of monitoring the Site’s performance, functionality, or availability for any commercial purpose;
8. Access, retrieve any data from, or otherwise perform any other activities on or through the Site using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers, or spiders);
9. Create any “derivative works” by altering any aspect of the Site, Content, or Services;
10. Use the Site, Content, or Services in conjunction with any other third-party content;
11. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, or to bypass, disable, or block any portion of the Site, associated software, or any Dates Checker server or computer system;
12. Take any action that, as determined in Dates Checker’s sole discretion, imposes an unreasonable or disproportionately large load on the Site infrastructure;
13. Forge any instructions coming from your computer or otherwise obfuscate the name or location of your computer or IP address in order to disguise the origin of any communication you transmit to or through the Site;
14. Publish a link to a Dates Checker web page other than Dates Checker’s home page (known as “deep-linking”;
15. Cover or otherwise obfuscate any advertisement located on Dates Checker; or
16. Simulate the appearance or function of Dates Checker on another website, such as through “framing” or “mirroring.”
We allow you to access the Site as it may be available at any given time and have no other obligations, except as expressly stated in herein. You are solely responsible for your use of the Site and any information you obtain from the Site. Dates Checker reserves the right to:
1. Monitor, review, or otherwise investigate your or others’ use of the Site, Dates Checker Checks, Services, or the associated information made available during the application process;
2. Moderate any dispute between you and any other third party;
3. Verify the identity of any person using the Site, including any person who applies for a Dates Checker, as well as the purpose(s) for which any Visitor is using the Site.
The proprietary rights to all Content, including, without limitation, the Dates Checkers, and any rights in the design, selection, arrangement, compilation, and coordination of such Content, are owned by or licensed to Dates Checker and are protected under applicable laws (including, but not limited to, copyright, trademark, and other intellectual property laws). Except as expressly provided in these Terms and Conditions or with Dates Checker’s express written consent, you are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, or trademarks of Dates Checker or with respect to any of the Content. The “Dates Checker” name and logo are trademarks of Dates Checker. All custom graphics, icons and service names are trademarks of Dates Checker. All other trademarks are the property of their respective owners.
Dates Checker reserves any and all rights not explicitly granted in these Terms and Conditions. By using the Site, you do not acquire any ownership rights to the Site, Services, Content, or any other information obtained from the Site.
Your Grant of License
Requirements and Conditions
By submitting a complete and accurate online application for a Dates Checker (the “Application”), agreeing to these Terms and Conditions, and receiving approval from Dates Checker, applicants can, for a fee, obtain a Dates Checker check url if approved.
The following provisions apply to you only to the extent that you submit an Application and, if your Application is granted:
1. You must be at least eighteen (18) years of age. Dates Checker will evaluate your Application and notify you of your Application’s acceptance or rejection (and notice of why upon request, if rejected). If at any time any of the information you supply as part of your Application changes, you must immediately inform Dates Checker of these changes. Dates Checker may reject your Application and/or terminate your Dates Checker at any time and for any reason, in Dates Checker’s sole discretion. If you elect to submit an Application, you acknowledge that you have independently evaluated the desirability of obtaining the Services and that you have not relied on any representation or warranty about the Services other than those set forth in these Terms and Conditions.
2.Term and Termination
Dates Checker reserves the right, in its sole discretion, to restrict, suspend, or terminate your Dates Checker, with or without cause. You may, in your sole discretion, terminate your Dates Checker upon forty-eight (48) business hours’ prior written notice to Dates Checker.
Obligations that, by their nature, would survive any termination or expiration of the Account shall survive any termination or expiration of the Account.
4. Fees and Billing
If you wish to apply for a Dates Checker check or otherwise purchase any service through the Site, you will be presented with the applicable fees and billing arrangement prior to your purchase. In addition to those fees, you shall be responsible for paying any and all applicable sales or use tax due to any and all taxing authorities arising from, or in connection with, your use of the Services. By submitting payment, you represent that you are 18 years of age or older and have the legal right to use the payment means you submit. You also understand and acknowledge that Dates Checker uses a third-party payment processor to process credit card payments on our behalf, and when you supply payment information in connection with a purchase you agree that Dates Checker is not responsible for the security of such information when it is in the control of the third-party payment processor.
You agree to indemnify and hold Dates Checker, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Dates Checker individual, arising from or related to: (a) your use of the Site or any Content you obtain through the Site, including, but not limited to, information obtained through Dates Checker and other information about Search Subjects; (b) your failure to comply with these Terms and Conditions including, but not limited to, your violation of any laws or any rights of another individual or entity; or (c) any claim that Dates Checker is obligated to pay any taxes in connection with your use of the Site, Member Services, or otherwise. The provisions of this paragraph are for the benefit of Dates Checker, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys, and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on his, her, or its own behalf.
Disclaimer of Warranties
The site, and its content, are provided as-is and as-available. All warranties express and implied are disclaimed to the fullest extent of the law including but not limited to intellectual property, non-infringement, fitness for a particular purpose and merchantability. Please do not rely on the site for purposes not intended or described herein. Dates Checker and its affiliates make no representation or warranty that the site or its contents will achieve any purpose for which you intend to use it; does not infringe the rights of third parties; will be timely, secure and error-free, including but not limited to network failures or system updates, interruptions related to internet service providers, malicious attacks or server problems; will be free of errors/defects/viruses or other damaged content; will be 100% accurate, complete and up-to-date.
The site and its contents may contain limitations, bugs or problems. Dates Checker and its agents will not be liable for the availability of the underlying internet connection used to access the site or servers it uses. No information provided by Dates Checker shall create any warranty not expressly stated herein. Your use of the site is at your sole discretion.
Limitation of Liability
You expressly understand and agree that Dates Checker and its agents, affiliates, and third party service providers and their respective members, agents, shareholders, suppliers and other partners shall not be liable to you or any third party for any direct or indirect damages (including punitive, incidental, special, consequential or exemplary) that include but are not limited to loss of profits, use of data or other intangible losses, goodwill, or otherwise. This includes actions stemming from inability to use the site, use of site content or services, cost of services, unauthorized access to or alteration of data, and/or any other dispute relating ot the site and its contents and services. This limitation applies to all statutory and common law causes of action including breach of contract, breach of warranty, negligence, strict liability, and all other tortious claims. You hereby release Date Checker and its affiliates, agents and third party service providers and their respective agents, partners, employees, shareholders, and so forth from any and all liabilities, obligations and claims in excess of the limitations stated herein.
Third Party Websites and Advertisers
The Site may contain links to other websites on the Internet that are owned and operated by third parties. Dates Checker does not control the information, products, or services available on or through these third party websites. The inclusion on the Site of a third-party link does not imply endorsement by Dates Checker of the applicable website or any association with the website’s operators. Because Dates Checker has no control over such websites, you agree that Dates Checker is not responsible or liable for the availability or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which shall be subject to those websites’ policies and terms. If you click on any third-party advertisements on the Site, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and the applicable advertiser or other third party, and you agree that Dates Checker shall not be responsible or liable, directly or indirectly, for any loss or damage you suffer through your dealings with or based on your reliance on any material made available by such advertisers.
Arbitration and Dispute Resolution
These Terms and Conditions shall be treated as though they were executed and performed in King County, WA and shall be governed by and construed in accordance with the laws of the State of Washington (without regard to conflict of law principles).
At Dates Checker, we expect that our customer service team will be able to resolve most complaints you may have regarding our provision or your use of the site. If you have such a complaint, you can contact our customer service team as described in the “How to Contact Us” section below. In the unlikely event that your complaint remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. You and Dates Checker agree to the following resolution process for all disputes and claims that you or Dates Checker have arising from our provision or your use of the Services or site.
In an attempt to find the quickest and most efficient resolution of any Service Claim, you and Dates Checker agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Claim and (2) a proposed resolution. If we would like to subsequently discuss your Service Claim with you, we will contact you using the e-mail address or mailing address you provide in your letter to us. If Dates Checker wants to raise a Service Claim, we will send our Claim Notice to you at the e-mail address that we have on file for you. If we do not have an e-mail address for you on file, Dates Checker will send our Service Claim to you through a means that complies with the service of process rules of the State of Washington.
If you and Dates Checker to not reach a mutually agreeable resolution within 30 days of receipt of the service claim, you agree that the claim must be resolved through binding arbitration before the American Arbitration Association using its consumer arbitration rules. Nothing herein shall be construed to preclude any party from seeking injunctive or equitable relief to protect its rights pending an outcome in arbitration. To help resolve issues promptly, you agree to begin any proceedings within one year after a claim arises, otherwise the claim is waived. You also agree to arbitrate in individual capacity only, not as a member or representative of a class. You expressly waive the right to file a class action or seek relief on a class basis. Any disagreements regarding the forum for arbitration will be settled by the arbitrator.
After the 30-day period, you may initiate the arbitration using the AAA’s Consumer Rules.
Full Agreement and Conditions
To the extent that any information or material that appears on or is posted to the Site, or otherwise is made available by Dates Checker, contains any representation, term, or condition that is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence unless the new representation, term, or condition is contained in a signed writing by a duly appointed officer of Dates Checker.
Other than for payment obligations, neither party will be liable for, or be considered to be in breach of, these Terms and Conditions on account of either party’s delay or failure to perform as required under these Terms and Conditions as a result of any causes or conditions that (a) are beyond the party’s reasonable control (including, but not limited to, acts of God, including storms and other natural occurrences; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or other labor difficulties; and (b) the party is unable to overcome through the exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.
If any provision of these Terms and Conditions is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
Dates Checker’s failure to enforce a breach of or insist upon strict adherence to any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of Dates Checker’s right to enforce breaches of or insist upon strict adherence to such provision or any other provision of these Terms and Conditions. Any waiver of a provision of these Terms and Conditions must be contained in a signed writing by a duly appointed officer of Dates Checker.
Prohibited Actions/ Disclaimer
Dates Checker reserves the right to restrict, suspend, or terminate your Dates Checker if we determine, in our sole and absolute discretion, that you have violated these Terms and Conditions.
These Terms and Conditions will be binding on, inure to the benefit of and be enforceable by Dates Checker’s successors and assigns. You are not permitted to transfer, assign, or delegate any rights or obligations pursuant to these Terms and Conditions unless contained in a signed writing by a duly appointed officer of Dates Checker, and we reserve the right to immediately terminate your Dates Checker application or approved check if you attempt to do so.
Nothing in these Terms and Conditions creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Dates Checker and you or any other party. You have no authority to make or accept any offers or representations on behalf of Dates Checker.
Dates Checker may provide legal and other notices to you, in Dates Checker’s sole discretion, by posting such notices or links to such notices on the Site. If you wish to provide a legal notice to Dates Checker please contact us for a mailing address.
How to Contact Us
Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We seek to review and reply promptly to each communication sent to us.