Terms of Service

These Terms apply to all individuals and entities using the Services, including Customers, Candidates, Site visitors, and users of affiliated platforms (collectively referred to as “Users,” “you,” or “your”).

If you are using the Services on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these Terms.

You agree that all information you provide to Ethur is accurate, current, and complete, and you will keep it updated. All information you submit is subject to our Privacy Policy.

When you request or authorize a background check through our Services, you understand that the resulting report may include information about your character, reputation, personal characteristics, mode of living, criminal history, credit history, employment and education verification, motor vehicle records, and other details obtained from various sources. You further agree to comply with all applicable laws, including the Fair Credit Reporting Act (FCRA) and equal employment opportunity laws.

To access certain features of the Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized access or use of your account. Ethur reserves the right to suspend or terminate your account at any time, with or without notice, for any reason.

If you are using the Services on behalf of someone else, you represent that you have the legal authority to bind that person to these Terms.

As between you and Ethur, all intellectual property rights related to the Site and the Services belong exclusively to Ethur. This includes (but is not limited to) patents, copyrights, trademarks (registered or unregistered), trade dress, trade secrets, design rights, know-how, moral rights, database rights, and any applications or registrations for such rights worldwide (collectively, “Intellectual Property Rights”).

These Intellectual Property Rights include the Ethur name, logos, designs, domain names, graphics, icons, scripts, images, software, data compilations, features, functionality, text, and the overall look and feel of the Site and Services. All such rights are protected by U.S. and international copyright, trademark, and other intellectual property laws.

Except as expressly provided in these Terms (or as required by applicable law), you are not granted any right, title, or interest in any of Ethur's Intellectual Property Rights. You may not reproduce, duplicate, copy, sell, resell, modify, distribute, publicly display, or otherwise exploit any portion of the Site or Services without Ethur's prior written consent.

Subject to your compliance with these Terms, Ethur grants you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to access and use the Site and Services solely for their intended purpose. This license does not transfer any ownership rights to you. Ethur remains the sole owner and licensor of all Intellectual Property Rights.

Ethur may immediately terminate this license, in its sole discretion, if you violate any provision of these Terms.

Ethur respects the intellectual property rights of others and expects our users to do the same. We reserve the right to terminate the accounts or access of users who repeatedly infringe the rights of copyright holders.

If you believe that any material on the Site infringes your copyright, you may notify our Designated Agent in accordance with the Digital Millennium Copyright Act (DMCA) by providing the following information:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work(s) you claim has been infringed;
• A description of the allegedly infringing material and its location on the Site;
• Your name, address, telephone number, and email address;
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You agree not to use the Services for any unlawful purpose or in any way that violates these Terms. Specifically, you agree that you will not:

• Use the Services to infringe the rights of others or violate any applicable law, including the Fair Credit Reporting Act;
• Attempt to gain unauthorized access to any part of the Site or Services, or interfere with or disrupt the operation of the Services;
• Copy, modify, distribute, sell, or otherwise exploit any portion of the Services without Ethur's prior written consent;
• Use any automated means (such as robots, spiders, or scrapers) to access or collect information from the Services;
• Upload or transmit any material that contains viruses, malware, or other harmful code;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity; or
• Engage in any conduct that restricts or inhibits anyone else's use or enjoyment of the Services.

Ethur reserves the right to investigate and take appropriate legal action against anyone who violates these restrictions, including suspending or terminating your access to the Services.

You represent and warrant that you will not, and will not encourage or assist any third party to, do any of the following in connection with your use of the Site or Services:

• Use or attempt to use the Services for any unauthorized purpose (for example, to run a background check on someone other than yourself or to request a report without proper authorization);
• Use the Services for the benefit of any third party without Ethur's prior written consent;
• (i) Copy, distribute, rent, lease, lend, sublicense, or transfer the Services or make them available to any third party (including your affiliates) without Ethur's express prior written permission; (ii) modify, decompile, reverse engineer, disassemble, or attempt to discover any underlying source code, ideas, algorithms, or programming interfaces; (iii) create derivative works based on the Services; (iv) remove or obscure any copyright, trademark, or other proprietary notices; or (v) use the Services to develop a competing product or service;
• Use any automated tools (such as robots, spiders, crawlers, scripts, or scrapers), meta tags, hidden text, or other means to access, scrape, index, mine, download, or collect information from the Services without Ethur's prior written authorization (except as reasonably necessary to view the Site);
• Access or use the Services for any improper, illegal, or unauthorized purpose, including any action that violates the Fair Credit Reporting Act, Civil Rights Act, Equal Employment Opportunity Act, or any other applicable law;
• Misrepresent your identity or any information about yourself;
• Take any action that (i) unreasonably burdens the infrastructure of the Services; (ii) bypasses any security or access controls; (iii) interferes with the proper working of the Services; (iv) introduces viruses, malware, or other harmful code; or (v) jeopardizes Ethur's rights in its Intellectual Property or the enforceability of those rights;
• Use the Services for any purpose not expressly permitted by these Terms;
• Frame or mirror any part of the Site;
• Violate any applicable local, state, national, or international law or regulation; or
• Attempt to indirectly engage in any of the above activities.

Except as otherwise stated in the Arbitration and Class Action Waiver section below, Ethur reserves the right to modify or update these Terms at any time in its sole discretion. We will post the revised Terms on the Site, and the changes will become effective immediately upon posting. The “Effective Date” at the top of this page will be updated accordingly.

By continuing to access or use the Services after the revised Terms are posted, you agree to be bound by the updated version. Ethur may also provide additional notice of material changes as required by applicable law. We encourage you to review the Terms periodically to stay informed of any updates.

The Services may allow you to request a copy of your own background check report. By making such a request, you authorize Ethur and its service providers to use the information you submit for the purpose of conducting background checks and generating reports on your behalf. You acknowledge that Ethur has no obligation to monitor or edit the information you provide and that you are solely responsible for its accuracy and completeness.

In the course of providing background check services, Ethur may collect data such as DMV records, criminal records, and other publicly available information. Such data will be handled in accordance with our Privacy Policy.

By requesting a copy of your background check, you acknowledge that you have received and reviewed the following statutory notices:

• Summary of Your Rights Under the Fair Credit Reporting Act
• Remedying the Effects of Identity Theft
• Notice to Users of Consumer Reports

Nothing in these Terms limits your rights under the FCRA to (a) access certain information in your file by contacting Ethur, or (b) request an investigation of information you believe is inaccurate or incomplete, as provided under 15 U.S.C. §§ 1681c-1, 1681g, and 1681i.

You may be required to pay certain fees (“Fees”) when using the Services, such as fees for ordering background reports. You agree to pay all applicable Fees at the rates in effect at the time of your order. All Fees are non-refundable once the Services have been initiated. Charges will appear on your statement as “Ethur Technologies Inc.” or similar.

Payment processing is handled by our third-party processor and is subject to their terms. Questions regarding Service delivery, timing, or delays should be directed to our support team.

Each party represents and warrants that it has the full power and authority to enter into these Terms and that these Terms constitute a valid and binding obligation.

DISCLAIMER. YOU ACKNOWLEDGE THAT THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ETHUR OBTAINS INFORMATION FOR ITS REPORTS FROM THIRD-PARTY SOURCES ON AN “AS IS” BASIS. ETHUR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ETHUR DOES NOT WARRANT THAT THE SERVICES OR REPORTS WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. ETHUR AND ITS SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL SUCH WARRANTIES.

You agree to defend, indemnify, and hold harmless Ethur, its affiliates, partners, licensors, directors, officers, employees, and agents (the “Indemnified Parties”) from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site or Services in violation of any law or regulation; (b) your breach of any representation, warranty, or obligation under these Terms; (c) any content or information you submit; or (d) any willful or malicious conduct on your part.

You also agree to indemnify the Indemnified Parties for any losses resulting from your use of automated tools (such as robots, spiders, or scrapers) or any action that imposes an unreasonable burden on Ethur's infrastructure.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETHUR AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY FOR ANY: (A) INTERRUPTION OF SERVICES; (B) DELAYS OR INTERRUPTIONS IN ACCESS TO THE SITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (D) LOSS OR DAMAGES ARISING FROM DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS RELATED TO YOUR USE OF THE SITE OR SERVICES; (F) INACCURACIES, ERRORS, OR OMISSIONS IN CONTENT; OR (G) EVENTS BEYOND ETHUR'S REASONABLE CONTROL.

FURTHER, ETHUR WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY KIND (INCLUDING LOSS OF REVENUE OR PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR YOUR USE OF THE SERVICES, EVEN IF ETHUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ETHUR'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO ETHUR DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitation of liability described above shall apply fully to residents of New Jersey. If any portion of this section is held invalid under New Jersey law, the invalidity of that portion shall not affect the validity of the remaining portions.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for consequential or incidental damages, so the above limitations may not apply to you.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW DISPUTES BETWEEN YOU AND ETHUR ARE RESOLVED. THIS SECTION REQUIRES YOU AND ETHUR TO RESOLVE MOST DISPUTES THROUGH BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

The Services may contain links to third-party websites or resources that are not owned or controlled by Ethur. These links are provided for your convenience only and do not imply any endorsement or responsibility by Ethur for the content, products, services, or practices of those third parties.

If you access any third-party website or resource through the Services, you do so at your own risk. These Terms and our Privacy Policy do not apply to your use of such external sites. Any transactions or dealings you have with third parties are solely between you and that third party. Ethur is not responsible or liable for the availability, accuracy, or content of any third-party websites or resources.

You should carefully review the privacy policies and terms of use of any third-party sites you visit.

You consent to receive all notices, agreements, disclosures, and other communications (collectively, “Notices”) from Ethur electronically, including by email or by posting on the Site. Electronic notices satisfy any legal requirement that such communications be in writing.

Unless otherwise specified, all notices to Ethur must be sent in writing to:

Notices sent by first-class mail or overnight courier are deemed received upon delivery; notices sent by email are deemed received when sent, provided no bounce-back is received.