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TERMS OF USE
PLEASE READ THESE TERMS OF USE (TERMS) FOR THIS WEBSITE
(Please note that the headings and the order of the listing of the Terms provided below are only for your reading convenience and are not intended in any manner whatsoever to indicate or suggest the importance or significance of any term over another term.)
- YOUR ACCEPTANCE OF THESE TERMS AND OUR PRIVACY POLICY CREATES A BINDING CONTRACT BETWEEN YOU AND THE BLACK EAGLE GROUP, LLC.
- THESE TERMS AND THE PRIVACY POLICY APPLY TO THIS AND ANY SUCCESSOR WEBSITE.
- THESE TERMS AND THE PRIVACY POLICY APPLY TO YOU, REGARDLESS OF YOUR PURPOSE AND MANNER IN ACCESSING THE WEBSITE.
- BY ACCESSING THIS WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND WILL BE BOUND BY THIS CONTRACTUAL AGREEMENT.
- YOU SHOULD STOP USING THIS WEBSITE, IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THE TERMS OR ANY ASPECT OF THE PRIVACY POLICY.
- YOU SHOULD STOP USING THIS WEBSITE IF YOU DO NOT UNDERSTAND ANY OF THE TERMS OR ANY ASPECT OF THE PRIVACY POLICY.
- YOU MUST STOP USING THIS WEBSITE IF YOU ARE NOT OF THE AGE OF 21 OR OLDER.
- TABLE OF CONTENT
ACCEPTANCE OF TERMS OF USE
ACCESS TO THE WEBSITE
BILLING FOR SERVICES
COMMUNICATION OF THE AGREEMENT TO YOU
CONTACTING US
DESCRIPTION OF THE FINANCIAL INTEGRITY VERIFICATION SERVICE
DISPUTE RESOLUTION
FAIR CREDIT REPORTING ACT (FCRA)
INTELLECTUAL PROPERTY
LEGAL CONSIDERATIONS
PRIVACY POLICY
SEX OFFENDER REGISTRY
UNILATERAL RIGHTS OF THE BLACK EAGLE GROUP, LLC
YOUR OTHER OBLIGATIONS, RESPONSIBILITIES, AND RESTRICTIONS - ACCEPTANCE OF TERMS OF USE
- GENERAL
- This agreement is a binding contract between you and The Black Eagle Group, LLC (collectively, "Black Eagle", "us", "our" or "we") which owns and controls the website www.theblackeaglegroupllc.com.
- This agreement will always be in effect when you access this website.
- These terms will exist in full force until the agreement is terminated by you or us.
- These Terms govern your use of this website and its services and applications when you access this website by means of your desktop computer, mobile device or by any other means.
- Each time you access this website
- - You are accepting these Terms and the Privacy Policy, including any changes to the Terms and Privacy Policy made after your last accessing this website, and therefore you should not use the website if you object to anything in these Terms or in the Privacy Policy.
- - You are representing yourself as 21 or older each time you access this website.
- - You are representing yourself to be of legal age to make a contract, by the laws of your own jurisdictional location, as well as by the laws of New York State.
- When you access this website for your employer or another entity you are representing that you are authorized to make a binding agreement for that employer or other entity and that you will be responsible for payment owed to us for any services we have rendered to that employer or other entity.
- Through notice to you, we may terminate this agreement and your right to use this website, at any time for any reason.
- You may terminate this agreement at any time, if you do not owe us any payments for services that we have rendered to you.
- You may not assign any of your rights or obligations to any third party without our prior written authorization.
- The terms and conditions of this agreement are severable.
- New York State law will govern the Terms of Use and the Privacy Policy.
- This agreement constitutes the entire understanding between you and The Black Eagle Group, LLC as to your access to our website and its services and applications except, at our discretion, we may require an additional separate contract to further document and clarify this legal agreement.
- FINANCIAL INTEGRITY VERIFICATION SERVICE
- When you access this website to utilize our Public Record Background Screening Service ("Background Screening"), you acknowledge that your purpose includes protecting yourself from the risk of being the victim of fraudulent activity on the part of the subject and / or on the part of third parties associate with the subject.
- We cannot guarantee the accuracy or completeness of the public record information we obtain for you from third parties.
- The public records we provide to you may not conform to the results you may be seeking.
- ACCESS TO THE WEBSITE
- GENERAL
- Our website is hosted on a U.S. based platform.
- Internet access to our website is available to both U.S. located users and non-U.S. located users.
- If you access our website from a non-U.S. location, you and you alone are responsible to adhere to all local applicable privacy and other laws and regulations of the non-U.S. location.
- BILLING FOR SERVICES
- GENERAL
- The US Dollar is the currency we use for pricing our services.
- Likewise, the US Dollar is the currency we must receive from you, when you are making payment to us, for the services we have rendered to you.
- Our invoice for services being provided to you will include:
- a description of the service
- the date of the service
- the fee being charged for the service rendered
- the sales or other tax being charged as applicable
- the due date of your payment in full
- the payment methods we accept at our discretion - Additional charges and actions will occur when payments for our services rendered are not received by the stated due date.
- We reserve the right to change our fees for services rendered at any time with such new fees being displayed on the website and in this "Terms of Use".
- At our discretion, we may require that your payments be made in advance of receiving requested services.
- You agree to pay for all services at the prices then in effect when you accessed our website.
- At our discretion we may require that in addition to this agreement, a separate contract be also utilized for the purpose of further documenting and clarifying the legal arrangement between you and us.
- You understand that your digital payments will be directly processed by a third-party payment processor of our choosing and that as a result:
- we do not in any manner have access to your digital payment information.
- we do not exercise any type of control whatsoever over the payment processor being utilized. - We take no responsibility for any damages caused to you or third parties because of security or other failures or actions or lack of actions by the payment processor being utilized to process your digital payments.
- You are responsible:
- to provide payment information that is current, complete, and accurate
- to have sufficient funds to cover your payment for our services - At our discretion, we may consider any rejection of your payment by your paying financial institution, due to insufficient funds, lack of credit or other reason, as cause to consider this agreement terminated with no further services to be provided to you except those which have already been covered by a fully completed payment.
- We have no liability for any overdraft fee or similar penalties that you may incur due to our processing your payment.
- In all cases, you agree that if we do not receive full payment for all services, we have rendered to you, you agree to pay such amounts that are still due, on demand.
- If after receiving our services, you initiate a credit card chargeback, prior to informing us of any dissatisfaction you have with our service to you, we will consider such chargeback a fraudulent theft of service action on your part and we will immediately initiate civil and criminal action against you.
- FINANCIAL INTEGRITY VERIFICATION SERVICE
- The background screening service is provided on a "Fee for Service" basis.
- We require that you make full payment in advance of receiving our background screening reports.
- We do NOT require that you establish an "Account" to provide this service to you.
- Your payment to us must be made by the credit card, bank debit card or other digital payment method that are accepted by our payment processer.
- We provide our public record background screening reports on all eleven distinct areas at a ser fee plus sales tax and other mandated governmental taxes and fees as appropriate
- COMMUNICATION OF THE AGREEMENT TO YOU
- GENERAL
- By your continuing to access our website you are consenting to this website and its electronic format as providing satisfactory legal communication of:
- these Terms of Use
- the Privacy Policy
- all other notices and disclosures that we wish to communicate to you
- CONTACTING US
- GENERAL
- If you have any questions, comments, or concerns about our service to you, please contact us:
- By email message to:
- - CustomerService@TheBlackEagleGroupLLC.com
- OR
- By written correspondence to:
- The Black Eagle Group
- Customer Service Dept.
- 74 Lynmouth Road
- Malverne, New York 11565 - Upon receiving your communication, we will make every effort to contact you in a timely manner.
- DESCRIPTION OF THE FINANCIAL INTEGRITY VERIFICATION SERVICE
- Our financial integrity verification service provides the following eleven individual reports for our set fee plus sales tax and other mandated governmental taxes and fees as appropriate
1 Aircraft ownership history
2 Automobile ownership history
3 Bankruptcy
4 Boat ownership history
5 Criminal records (including traffic violations)
6 Foreclosure by civil court
7Judgement by civil court
8 Liens by civil court and taxing authorities
9 Real estate ownership history
10 Residential addresses history
11 Sex offender registry
- Your utilization of our financial integrity verification service requires that you:
- - Access our website at: TheBlackEagleGroupLLC.com
- - Submit identification information about yourself including your email address
- - Submit descriptive information about the subject of the background screening
- - Make pre-service payment by credit card, bank debit card or other acceptable digital payment format
- We will use your email address:
- FIRST to communicate with you about the status of your financial integrity verification request
- SECOND to alert you when your eleven reports are available
and at that time, request your payment in advance for those reports
- THIRD to send you the link to the "Cloud" account from which you may download your eleven reports - If you elect not to provide us with your personal email address, we will not be able to provide background screening service reports to you, and we will consider this agreement to be terminated.
- Within the 60-day period following the date of the reports that we have provided to you, we will provide you, free of charge, one (1) additional digital copy of all eleven reports if:
- Your request is received by us from the same email address to which we sent the original reports.
- Your additional copy is to be sent to the same email address to which we sent the original reports.
- You have fully paid us for all services we have rendered to you. - Additional copies of the original eleven reports cannot be provided to you after the 60-day period following the original date of any report that we have issued to you.
- DISPUTE RESOLUTION
- GENERAL
- If you have any dissatisfaction with our service, please contact our customer service department at:
- - the following email address:
- CustomerService@TheBlackEagleGroupLLC.com
OR
- by written correspondence to:
- The Black Eagle Group, LLC
- Customer Service Dept.
- 74 Lynmouth Road
- Malverne, NY 11565
- Once we are alerted to your concerns, we will make every effort to provide you with a resolution to your satisfaction.
- However, we will only consider and seek resolution for disputes that are brought to the attention of our Customer Service Department, in writing, within 30 days of the date of the disputed service.
- ARBITRATION
- You and Black Eagle, mutually agree, that any dispute, controversy, or claim arising out of or relating to any aspect of our relationship, which cannot be settled through our Customer Service Department, shall be resolved by one arbitrator through binding arbitration in lieu of resolving a dispute through civil court lawsuit.
- You and Black Eagle mutually agree that such arbitration will be on an individual basis which precludes your participation and our participation:
- in a trial by judge
- in a class action
- in a class arbitration - If you do wish to pursue arbitration to resolve a dispute with us, you must notify us in writing at least 30 days in advance of initiating arbitration with such notice provided in writing by certified mail to:
-The Black Eagle Group
-Legal Department
-74 Lynmouth Road
-Malverne, New York, 11565 - The payment of the costs of the arbitration process will be in accordance with the rules of the American Arbitration Association (AAA) unless otherwise agreed upon by you and Black Eagle in writing.
- However, you will pay all cost of the arbitration, if the arbitration process determines that your dispute was of a patently frivolous nature.
- The arbitration process, including the selection of a single arbitrator, if utilized, will be governed by the laws of New York State and the Federal Arbitration Act (FAA) as well as the rules and procedures of the American Arbitration Association (AAA)
- In lieu of virtual or telephone meetings, to the extent allowed by the AAA rules, any in-person meetings of the arbitration will be held in Nassau County, New York
- The arbitrator's decision and award will be final and binding, but subject to any exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq. and the laws of New York State,
- You waive California Civil Code Section 1542 and any similar provision in any other jurisdiction.
- All changes or revisions to the Arbitration Agreement must be in writing.
- FAIR CREDIT REPORTING ACT (FCRA)
- FINANCIAL INTEGRITY VERIFICATION SERVICE
- The Black Eagle Group, LLC is not a "Credit Reporting Agency" (CRA) for purposes of the Fair Credit Reporting Act (FCRA) 15-U.S.C. 1681-et -seq.,
- Therefore, you are strictly prohibited, by federal law and by this agreement, from using any public record background screening information we provide you through TheBlackEagleGroupLlc.com website or through any other communication from The Black Eagle Group, LLC for any decision about the individual subject concerning the subject's eligibility for:
- employment and employee benefits
- loan or credit
- housing
- insurance
- scholarships and other academic rewards
- any other purpose requiring compliance with the Fair Credit Reporting Act
- INTELLECTUAL PROPERTY
- GENERAL
- Black Eagle's intellectual property rights are protected by United States and international laws, including laws governing copyrights and trademarks.
- Black Eagle is, and shall continue to be, the sole and exclusive owner of all rights, title, and interest in and to all intellectual property rights in the TheBlackEagleGroupLlc.com website and the services and applications it offers, with these intellectual rights including domain names, logos and trademarks and all content, information and other material contained in the website.
- You cannot under any circumstances, without our written permission, copy, reproduce, republish, distribute, sell, license, transfer or modify any application, code, element, data, or any other matter found on our website.
- You cannot, under any circumstances, take any action that would violate our Intellectual property rights
- You cannot create a competitive product or service using our website, application, services and reports or any other produce we provide to you.
- LEGAL CONSIDERATIONS
- GENERAL
- The Black Eagle Group, LLC is a New York State limited liability company.
- You consent to the exclusive legal jurisdiction of New York State and agree that any litigation arising out of this agreement, whether in arbitration or judicial proceedings, shall be conducted in Nassau County, New York.
- Your legal correspondence to us should be sent:
- To the following email address:
- Legal@TheBlackEagleGroupLLC.com
OR
- By written legal correspondence to:
- The Black Eagle Group
- Legal Department
- 74 Lynmouth Road
- Malverne, NY 11565 - Our legal correspondence to you will be sent:
- By email to the email address that you have provided for receiving our reports
OR at your discretion
- By written correspondence to the address, you have provided as your home address - You are responsible for providing to us:
- an email address that is valid and uses an email system that will accept our communications.
- your home mailing address - This agreement sets forth the terms for your use of the website TheBlackEagleGroupLLC.com and any successor websites, and other interactive properties including but not limited to mobile applications.
- Each time that you access or use TheBlackEagleGroupLLC.com website, you signify that you have read, understand, and agree to be legally bound by the Terms of Use and the Privacy Policy composing this agreement.
- If you do not agree to any of the terms of this agreement, you must discontinue using TheBlackEagleGroupLLC.com website applications and services.
- Your use of TheBlackEagleGroupLlc.com website is entirely at your own risk and Black Eagle, its owners, officers, partners, employees, contractors, agents, and affiliates are not responsible for any damages, including damages to your hardware and software, you or a third party incur as a direct or indirect result of your accessing and using this website, its services its applications and any information provided by this website.
- When you access our website and its services and applications, you, and you alone, are responsible for all consequences, including damages to Black Eagle or other third parties, that result from any inappropriate actions by you, while you are accessing and using TheBlackEagleGroupLlc.com website.
- We disclaim to the fullest extent possible by law, all warranties of any kind, express or implied, as to the fitness of our services including the information we provide, for any particular purpose or expectations.
- Black Eagle has no responsibility for damage resulting on reliance on third party information on our website.
- Black Eagle and its third-party information providers, shall not be liable for any claim relating to Black Eagle procuring, compiling, collecting, interpreting, reporting, communicating, or delivering Black Eagle products and Services.
- A business relationship, governed by the terms of this agreement, is immediately established between you and The Black Eagle Group, LLC when you provide us with any information about yourself, a third party or a subject, in connection with any service provided by us.
- Black Eagle's services are intended for use by you only and may not be delivered to, or filed with, third parties.
- Your use of TheBlackEagleGroupLLC.com website, its services and applications are contingent upon your being of legal age to form a binding contract and that you are providing at all times and to the best of your knowledge, true, accurate, current, and complete information.
- TheBlackEagleGroupLlc.com is a U.S. located website and that any access by you of the website from a non-U.S. location, requires that you and you alone be responsible to adhering to all applicable privacy and other laws and regulations of the applicable non-U.S. location from which your access is made.
- Black Eagle is not liable for any damages incurred by you or any third parties as the result of any other individual using your identity to access our website and services.
- Black Eagle is not liable for any damages incurred to you or any third parties as the result of your accessing a third-party website linked to or through our website and you assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of those third-party website
- Black Eagle does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through these Third-Party Websites.
- Black Eagle is not liable for any damages incurred to you or any third parties as results from unauthorized modification or destruction of any information provided to you by Black Eagle.
- Black Eagle is not liable for any damages incurred to you or any third parties as results from any acts, including force majeure, beyond our control.
- Black Eagle and its third-party information providers entire liability to you is limited to direct damages not exceeding the fee paid by you for the Black Eagle products and Services obtained and Black Eagle shall not be liable for any other damages, costs or expenses whatsoever.
- Black Eagle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification and therefore you must obtain the prior consent of Black Eagle before settling any such claim or matter.
- Black Eagle does not, in any manner, render legal advice.
- You acknowledge and agree that you are solely responsible for your decisions and that you will consult with your own legal counsel (at your discretion) regarding all legal matters, including but not limited to your legal obligations with respect to your use of our website, its services, applications, and reports.
- Some jurisdictions do not allow certain warranty exclusions and therefore some of our disclaimers may not apply to you
- FINANCIAL INTEGRITY VERIFICATION SERVICE
- Black Eagle makes no warranties that the public record information that we provide to you:
- - is free of significant errors in what is presented or omitted.
- will achieve or provide any particular result and be of any value for your desired use.
- reflects the true character or integrity of the subject of the public record background search.
- You should not use the public record information that we provide you as the sole basis for any significant financial or other decision you are making about the subject and to the extent possible.
- You should confirm from other sources, the accuracy of the public record information that we have provided to you.
- As already noted, The Black Eagle Group, LLC is not a "Credit Reporting Agency"(CRA) for purposes of the Fair Credit Reporting Act (FCRA) 15-U.S.C. 1681-et -seq. , and therefore you are strictly prohibited, by federal law and by this agreement, from using any public record background screening information we provide you through TheBlackEagleGroupLlc.com website or through any other communication from The Black Eagle Group, LLC for any decision about the individual subject receiving from you or any third party:
- employment and employee benefits
- loan or credit
- housing
- insurance
- scholarships and other academic reward
- any other purpose requiring compliance with the Fair Credit Reporting Act - We disclaim any responsibility for any missed delivery or untimely delivery of any material or information in the form of reports or other forms of communication.
- PRIVACY POLICY
- GENERAL
- The Black Eagle Group LLC has established a Privacy Policy for your use of this website and its applications and services.
- This Privacy Policy can be viewed on a page of the website.
- This Privacy Policy along with these Terms of Use compose the contractual agreement between you and The Black Eagle Group, LLC.
- Our Privacy Policy is incorporated into these Terms of Use by reference.
- SEX OFFENDER REGISTRY
- FINANCIAL INTEGRITY VERIFICATION SERVICE
- The sex offender registry public record of an individual can be incomplete, incorrect, and outdated.
- The sex offender registry is controlled by the government jurisdiction where the offence was committed and each government jurisdiction, including state, territorial and tribal, has its own standards as to what crimes subject the individual to being listed on a sex offender registry.
- The sex offender registry public record of an individual may not be subject to disclosure
- It is illegal for you or third parties to harm or harass an individual, who is a registered sex offender.
- UNILATERAL RIGHTS OF THE BLACK EAGLE GROUP, LLC
- GENERAL
- We reserve the right to unilaterally update, change, remove or otherwise modify these Terms of Use" and the "Privacy Policy, including those relating to the services offered, with such updates or changes noted by a " Last Updated" date posted on our website.
- We reserve the right to unilaterally terminate access to and use of our website to an individual who we have determined, to our satisfaction, that individual is not of the age of 21 or older.
- We reserve the right to unilaterally terminate access to and use of our website to any individual when we have determined, to our satisfaction, is not an authorized representative, as they have claimed, of their employer or other entity requesting a service.
- We reserve the right to unilaterally terminate access to and use of our website to an individual when we have determined, to our satisfaction, that individual is not accepting and agreeing to all the Terms and all aspects of the Privacy Policy.
- We reserve the right, at any time, to modify or abandon the Black Eagle website, applications, and services with or without notice and that we will not be liable to you or any third party as a result.
- We reserve the right to unilaterally resolve any conflict or inconsistency between these Terms, our Privacy Policy, and other statements posted on our website or otherwise communicated by us to you.
- We reserve the right to delete data from our records, digital and paper, at any time and for any reason we determine to be appropriate.
- We reserve the right, without penalty to us, to unilaterally correct any typographical errors, inaccuracies, time errors or mistakes on the website or on any information that we have provided to you.
- We reserve the right to seek injunction relief against any action, actual or threatened, that would cause irreparable injury to Black Eagle or its contractors or other suppliers.
- We reserve the right to refuse to accept and order from any individual or to cancel any order that has been accepted, whether the order has been confirmed, for any or no reason, and without liability to anyone else and if an individual's payment method has already been charged for an order, Black Eagle will issue a refund.
- FINANCIAL INTEGRITY VERIFICATION SERVICE
- We reserve the right, without penalty to us, to correct any errors or mistakes in the public record background screening reports and to update your information from available third-party sources and to make such corrections without regard to the status of your payment for such reports.
- We reserve the right to not report information to you about an individual subject when, to our determination, such information is not required to properly service you and/or not appropriate for legal, ethical, or other reasons of our choosing.
- We reserve the right to permanently delete all background information about any subject, 60 calendar days after such information has been reported to you.
- YOUR OTHER OBLIGATIONS, RESPONSIBILITIES AND RESTRICTIONS
- GENERAL
- You cannot assign or transfer this agreement to a third person in whole or in part.
- You will only use this website and its services and applications as provided by The Black Eagle Group, LLC, for appropriate legal purposes, and in compliance with all applicable federal, state, and local laws and regulations.
- Your use of this website, after we have posted any changes to the terms of use or to the privacy policy, signifies your acceptance of these changes to the agreement.
- You cannot under any circumstances misrepresent yourself, your identity, or information about you; including but not limited to creating a false identity or impersonate another person.
- You cannot use this website, applications and services for Illegal activities or violation of individual privacy as covered by federal, state and other applicable laws and regulations.
- You cannot under any circumstances sell, lease or otherwise commercially make available to a third party, the services and information that we provide to you through this website, our reports to you or through any other form of communication from us.
- You understand and acknowledge that that we provide your access to our website, services, applications, and reports "as is" and "as available".
- You cannot, under any circumstances, bypass or attempt to bypass, any of the security and privacy protection features on the website.
- FINANCIAL INTEGRITY VERIFICATION SERVICE
- When using this website to access the public record background screening service, you must provide true, accurate, current, and complete information about yourself and any subject of the public record background screening you are requesting.
- You cannot, under any circumstances, use the public record background screening service in the performance of any act against the subject or any other party which can be reasonably classified as:
- Stalking
- Bullying
- Threatening
- Intimidation
- Harassment
- Intended to publicly embarrass and / or humiliate.
- Intended to extort money or any similar action.
- Settling personal disputes
- Any other illegal or socially unacceptable action
- You cannot, under any circumstances, use our public record background screening service when the intended subject of the background search is known by you, or should be known by you, to be:
- Under the age of 21
- Cognitively impaired
- Severely emotionally challenged.
- Otherwise, incapacitated. - As The Black Eagle Group, LLC is not a "Credit Reporting Agency" (CRA) for purposes of the Fair Credit Reporting Act (FCRA) 15-U.S.C. 1681-et -seq., you are strictly prohibited, by federal law and by this agreement, from using any public record background screening information we provide you through TheBlackEagleGroupLlc.com website or through any other communication from The Black Eagle Group, LLC for any decision about the individual subject receiving from you or any third party:
- employment
- employee benefits loans or credit
- housing
- insurance
- scholarships and other academic rewards
- any other purpose requiring compliance with the Fair Credit Reporting Act
IF YOU DO NOT UNDERSTAND OR IF YOU DO NOT AGREE
WITH ANY OF THESE "TERMS OF USE"
PLEASE IMMEDIATELY LEAVE THIS WEBSITE