Terms of service

1. Consumer reports and FCRA compliance

By using Information Direct services, you acknowledge that all consumer reports provided are governed by the Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681 et seq. You agree to comply with all applicable provisions of the FCRA, including disclosure, authorization, and adverse action requirements.

2. Authority to order reports

You represent and warrant that each consumer report is ordered for a permissible purpose as defined in 15 U.S.C. §1681b, that you have obtained the consumer's written authorization before ordering, and that you have provided the consumer with a clear and conspicuous written disclosure.

3. Pre-adverse action notice requirement

Before taking adverse action based in whole or in part on a consumer report, you must provide the consumer with (a) a copy of the report, (b) a written description of the consumer's rights under the FCRA, and (c) a reasonable opportunity to dispute the accuracy or completeness of the report.

4. Permissible purposes only

Consumer reports may be obtained only for permissible purposes as defined in the FCRA, including employment purposes with written authorization, credit transactions, tenancy screening, or other legally defined purposes. Use for any other purpose is prohibited and constitutes a violation of federal law.

5. Confidentiality and record retention

You agree to maintain the confidentiality of all consumer reports and related information. Consumer reports shall be used only by authorized personnel. Records must be retained in accordance with applicable federal and state retention schedules and disposed of in a manner that protects consumer privacy.

6. Accuracy and dispute process

If a consumer disputes the accuracy of any information in a report, Information Direct will reinvestigate at no additional cost. When the disputed item came from a furnisher or source that must participate in the reinvestigation, Information Direct will notify that furnisher or source within five business days after receiving the dispute and will provide all relevant dispute information received from the consumer. Reinvestigations will be completed within 30 days of receipt of the dispute unless a longer period is permitted by law. Corrections, if any, will be provided to all parties previously receiving the disputed information.

7. Adverse action notification

If adverse action is taken based in whole or in part on a consumer report, you must provide final adverse action notice to the consumer, including the name, address, and telephone number of the consumer reporting agency, a statement that the agency did not make the adverse decision, notice of the consumer's right to obtain a free copy of the report and to dispute its contents, and any CFPB or agency contact information required by the current model notice or applicable law.

8. Equal employment opportunity

You agree to use consumer reports in a manner consistent with Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission's guidance on the use of arrest and conviction records in employment decisions, and all applicable state and local anti-discrimination laws.

9. State-specific compliance

You agree to comply with all state-specific requirements applicable to the use of consumer reports, including but not limited to California ICRAA and CCRAA, New York Article 23-A and the NYC Fair Chance Act, Illinois Employee Credit Privacy Act, Massachusetts CORI requirements, Hawaii, Minnesota, New Jersey, Philadelphia, Washington, and any applicable ban-the-box or fair chance laws.

10. Limitation of liability

Except as provided by the FCRA, Information Direct's liability for any claim arising out of or related to the services shall be limited to the amount paid by you for the specific report giving rise to the claim. In no event shall Information Direct be liable for consequential, incidental, or punitive damages.

11. Modification of terms

These terms may be modified from time to time. Continued use of the services following any modification constitutes acceptance of the modified terms. Material changes will be communicated to primary account contacts no less than 30 days prior to taking effect.

12. Payment terms

All invoices are due Net 30 from the date of invoice unless otherwise specified in a separate written agreement. Late payments shall accrue interest at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is less) on any outstanding balance not paid when due.

Information Direct reserves the right to suspend access to the platform and withhold pending reports if any invoice remains unpaid for more than fifteen (15) days past the due date. Suspension of services for non-payment does not relieve you of your obligation to pay all amounts owed, including accrued late fees. Services will be restored promptly upon receipt of full payment of all outstanding balances.

13. Intellectual property rights

All consumer reports, research summaries, and verification results prepared by Information Direct constitute work product delivered to the client for the permissible purpose specified at the time of the request. Upon payment in full, the client receives a non-exclusive, non-transferable license to use such work product solely for that permissible purpose.

The Information Direct platform, software, user interface, APIs, documentation, trademarks, and all related intellectual property remain the exclusive property of Information Direct, Inc. Nothing in these Terms grants you any ownership interest in, or license to, the platform or its underlying technology beyond the limited right to access and use the platform in accordance with these Terms.

14. Termination

Either party may terminate this agreement for convenience upon thirty (30) days' written notice to the other party. Information Direct may terminate this agreement immediately and without notice if you (a) breach any material provision of these Terms, (b) violate any requirement of the FCRA or applicable state consumer reporting law, (c) use consumer reports for any non-permissible purpose, or (d) fail to cure a payment default within fifteen (15) days of written notice.

Upon termination, your access to the platform will be deactivated. Notwithstanding termination, obligations relating to FCRA data retention, confidentiality, record-keeping, and consumer dispute rights shall survive and remain in effect for the periods required by applicable law. All fees accrued prior to the effective date of termination remain due and payable.

15. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Orange County, California, and each party irrevocably consents to the personal jurisdiction of such courts.

16. Indemnification

Each party (the "Indemnifying Party") agrees to indemnify, defend, and hold harmless the other party and its officers, directors, employees, and agents (collectively, the "Indemnified Parties") from and against any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Indemnifying Party's breach of these Terms, negligence, or willful misconduct.

Notwithstanding the foregoing, neither party's indemnification obligations shall extend to claims arising from the Indemnified Party's own violation of the FCRA, failure to follow required adverse action procedures, or use of consumer reports for non-permissible purposes. Each party retains sole responsibility for its own FCRA compliance obligations.

17. Force majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to acts of God, natural disasters, pandemics, government orders or restrictions, war, terrorism, labor disputes, power failures, internet or telecommunications failures, or cyberattacks. The affected party shall provide prompt notice and use commercially reasonable efforts to resume performance as soon as practicable.

18. Dispute resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the services provided hereunder, the parties agree to first attempt resolution through good-faith mediation administered by a mutually agreed-upon mediator in Orange County, California, within thirty (30) days of written notice of the dispute.

If mediation does not resolve the dispute within thirty (30) days, the dispute shall be submitted to binding arbitration in Orange County, California, administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, and claims involving FCRA regulatory enforcement or consumer disputes shall not be subject to mandatory arbitration.

19. Class proceedings

These Terms do not add a class action waiver for consumer rights, FCRA regulatory matters, or other claims where waiver is prohibited by law. Any class, collective, or representative action waiver must be stated in a separately signed agreement reviewed by the parties.

20. Accessibility

Information Direct is committed to maintaining a website and service experience that is accessible to users with disabilities. If you experience an accessibility barrier, contact support@informationdirect.us or call (800) 707-2450 so we can provide assistance and evaluate a correction.

21. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms without Information Direct's prior written consent. Information Direct may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all assets, provided that consumer information remains protected by obligations at least as protective as these Terms.

23. Entire agreement

These Terms, together with the Privacy Policy, Data Processing Agreement, Service Agreement, order forms, and any signed client agreement, constitute the entire agreement between the parties for the covered services and supersede prior understandings on the same subject matter.