PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OF CHECKWELL HOLDINGS, LLC. BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
These Terms and Conditions (“Agreement”) govern the relationship between Checkwell Holdings, LLC (“Company,” “we,” “us,” or “our”), a Florida limited liability company, and any individual or entity (“Client” or “you”) that accesses or uses our background check screening services, tenant screening services, and notary services (collectively, the “Services”). This Agreement constitutes a legally binding contract between you and Checkwell Holdings, LLC.
1. Description of Services
Checkwell Holdings, LLC provides the following services through its website and API integrations:
1.1 Background Check Services (Employer Screening)
We provide employment background screening services to employers, staffing agencies, and other permissible users, including but not limited to: SSN Trace and County Criminal Searches, Federal Criminal Record Searches, Employment and Education Verification, and Motor Vehicle Record (MVR) checks. All background checks are processed via the Checkr API and delivered to authorized clients.
1.2 Tenant Screening Services (Landlord Screening)
We provide residential tenant screening services to landlords, property managers, and property management companies, including but not limited to: Criminal Background Checks, Eviction History Searches, and Credit/Financial Reports. All tenant screening reports are processed via the Checkr API.
1.3 Notary Services
We provide notarization services in the State of Florida, including acknowledgments, jurats, oaths and affirmations, and other notarial acts as authorized under Chapter 117, Florida Statutes. Notary services may be provided in-person or via online/remote notarization where permitted by Florida law.
2. Eligibility and Permissible Use
2.1 Eligibility
By using our Services, you represent and warrant that you are at least 18 years of age, have the legal authority to enter into this Agreement, and are using the Services for lawful purposes only.
2.2 Permissible Purpose — Background Checks
Background check and tenant screening services may only be ordered for permissible purposes as defined under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. By ordering a report, you certify that you have a permissible purpose, which includes one of the following:
- Employment purposes — evaluating a candidate for hiring, promotion, reassignment, or retention
- Tenant screening — evaluating an applicant for a residential lease or rental agreement
- Any other permissible purpose as defined under 15 U.S.C. § 1681b
You further certify that you will not use any report obtained through our Services for any purpose not authorized by the FCRA, including but not limited to consumer credit decisions, personal curiosity, or any discriminatory purpose prohibited by the Equal Employment Opportunity Commission (EEOC), the Fair Housing Act, or applicable Florida law.
3. Client Obligations and FCRA Compliance
3.1 Written Authorization
Prior to ordering any background check or credit report, you are solely responsible for obtaining the required written authorization and disclosure from the individual being screened, in compliance with FCRA § 1681b(b)(2). Such authorization must be provided in a standalone document and must not be combined with a liability waiver or other releases.
3.2 Adverse Action Procedures
If you intend to take any adverse action (including denying employment or a lease application) based wholly or in part on information contained in a consumer report obtained through our Services, you agree to comply with all applicable FCRA adverse action procedures, including:
- Providing the individual with a Pre-Adverse Action Notice, a copy of the consumer report, and a Summary of Rights Under the FCRA prior to taking adverse action
- Allowing the individual a reasonable period (no fewer than five (5) business days) to dispute the accuracy or completeness of the report
- Providing a Final Adverse Action Notice if you proceed with an adverse decision, including the name, address, and phone number of the consumer reporting agency (CRA)
Checkwell Holdings, LLC bears no liability for your failure to comply with FCRA adverse action procedures. You agree to indemnify and hold us harmless for any claims, damages, or penalties arising from your noncompliance.
3.3 Non-Discriminatory Use
You agree to use all reports obtained through our Services in a manner consistent with applicable anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Fair Housing Act, and the Florida Civil Rights Act (§ 760.01 et seq., Fla. Stat.). You may not use background check results in a manner that results in a disparate impact on any protected class without a legitimate, non-discriminatory business justification.
3.4 Miya’s Law (Florida Landlords)
Florida landlords and property managers are advised that Florida’s Miya’s Law may impose additional obligations with respect to background screening of employees who have access to tenant dwelling units. Compliance with Miya’s Law is the sole responsibility of the Client.
4. Notary Services — Terms and Conditions
4.1 Governing Law
All notary services are performed pursuant to Chapter 117, Florida Statutes, and applicable Florida administrative rules. Our notaries are commissioned by the Governor of the State of Florida and operate exclusively within the boundaries of the State of Florida.
4.2 Client Responsibilities
You are responsible for ensuring that any document presented for notarization is complete, accurate, and legally appropriate for notarization. Our notary will not notarize incomplete documents, documents where the signer’s identity cannot be verified, or documents where the signer appears to be under duress or lacks legal capacity. You agree to present valid government-issued photo identification at the time of notarization.
4.3 Limitations of Notarization
A notarial act performed by Checkwell Holdings, LLC certifies only the identity of the signer and the voluntary nature of the signature. It does not constitute legal advice, does not validate the accuracy or legality of the document’s contents, and does not create an attorney-client relationship. We strongly recommend that you consult a licensed Florida attorney regarding the legal sufficiency of any document prior to notarization.
4.4 Refusal of Service
Our notary reserves the right to refuse to perform a notarial act if proceeding would require the commission of an unlawful act, if the signer appears unable to understand the nature of the transaction, or if any required element of a valid notarization cannot be satisfied in accordance with Florida law. Fees paid for a notarial service that is refused will be refunded in full.
4.5 Notary Fees
Notary fees are charged in accordance with Florida Statute § 117.05(2), which limits the fee to no more than $10.00 per notarial act unless otherwise authorized by law. Additional service fees for travel, scheduling, or ancillary services may apply and will be disclosed in advance.
5. Accuracy of Reports and Disclaimer of Warranties
Checkwell Holdings, LLC acts as a reseller of background screening reports provided through the Checkr API. While we take reasonable measures to ensure the accuracy and timeliness of reports, we do not independently verify, compile, or create the underlying data contained in consumer reports.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHECKWELL HOLDINGS, LLC PROVIDES ALL SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR COMPLETENESS OF REPORTS. WE DO NOT WARRANT THAT REPORTS ARE FREE FROM ERRORS, OMISSIONS, OR INACCURACIES.
The Client acknowledges that background check reports may not reflect all criminal, civil, or financial records, particularly from jurisdictions with limited record availability. The Client agrees not to rely solely on a report as the sole basis for any employment or housing decision.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, IN NO EVENT SHALL CHECKWELL HOLDINGS, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, business, or goodwill
- Damages arising from your reliance on any consumer report or notarial act
- Claims arising from your failure to comply with FCRA, the Fair Housing Act, EEOC guidelines, or any applicable federal, state, or local law
- Damages arising from the accuracy, completeness, or timeliness of data provided by Checkr or any third-party data source
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CHECKWELL HOLDINGS, LLC IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. To the extent such limitations are not permitted under applicable law, they shall apply to the maximum extent permitted.
7. Indemnification
You agree to defend, indemnify, and hold harmless Checkwell Holdings, LLC and its members, managers, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your use of our Services in violation of this Agreement
- Your violation of any applicable federal, state, or local law, including the FCRA, the Fair Housing Act, or the Florida Civil Rights Act
- Your failure to obtain required consents or provide required notices to individuals subject to background checks
- Any misrepresentation you make regarding your identity, authority, or permissible purpose
- Any claim by a third party arising from your use or misuse of any report or notarized document
8. Data Privacy and
Confidentiality
8.1 Consumer Data
We handle all personal information in compliance with the FCRA, the Florida Information Protection Act (FIPA), § 501.171 Fla. Stat., and our Privacy Policy. Consumer reports and personal data obtained through our Services are used solely for the permissible purpose for which they were ordered and are not sold, shared, or disclosed to unauthorized third parties.
8.2 Client Confidentiality Obligations
You agree to maintain the confidentiality of all consumer reports and personal information received through our Services. You agree to use, store, and dispose of such information in compliance with all applicable federal and state data protection laws. You shall implement reasonable administrative, technical, and physical safeguards to protect consumer data from unauthorized access or disclosure.
8.3 Data Breach Notification
In the event of a data security breach affecting consumer information processed through our Services, you agree to notify Checkwell Holdings, LLC as soon as practicable and to comply with all applicable breach notification requirements under Florida law and the FCRA.
9. Payment Terms
All fees for Services are due at the time of ordering unless otherwise agreed in writing. Fees are non-refundable once a report has been initiated, except as provided in Section 4.4 (refusal of notary service) or where a report cannot be completed due to an error on our part. All fees are quoted in U.S. dollars and are subject to change with reasonable prior notice. Passthrough fees charged by third-party courts, government agencies, or motor vehicle departments are billed at cost and are in addition to our service fees.
10. Prohibited Uses
You may not use our Services for any of the following purposes:
- Obtaining consumer reports without a permissible purpose as defined under the FCRA
- Screening individuals for personal, non-commercial, or curiosity-based purposes
- Reselling, redistributing, or sublicensing consumer reports obtained through our Services to any unauthorized third party
- Using reports in a manner that violates any applicable anti-discrimination, fair housing, or equal employment opportunity law
- Any fraudulent, deceptive, or unlawful purpose
We reserve the right to suspend or terminate your access to our Services immediately and without notice if we have reason to believe you have engaged in any prohibited use.
11. Dispute Resolution and Governing Law
11.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
11.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall first be submitted to non-binding mediation in Broward County, Florida. If mediation is unsuccessful, the parties agree to submit such disputes to binding arbitration under the rules of the American Arbitration Association (AAA), with proceedings conducted in Broward County, Florida. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
11.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
12. Modifications to Terms
Checkwell Holdings, LLC reserves the right to modify these Terms and Conditions at any time. We will notify you of material changes by posting the updated Terms on our website with a revised effective date. Your continued use of our Services after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must cease using our Services.
13. Severability and Entire Agreement
If any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Checkwell Holdings, LLC with respect to the Services and supersedes all prior agreements, representations, and understandings.
14. Contact Information
For questions regarding these Terms and Conditions, to report a compliance concern, or to exercise any rights under the FCRA or applicable Florida law, please contact us at:
Checkwell Holdings, LLC
- [Street Address]
- [City, FL ZIP Code]
- Email: [contact@checkwellholdings.com]
- Phone: [Phone Number]
- Website: [www.checkwellholdings.com]
LEGAL NOTICE: This document has been prepared for general informational and business purposes only and does not constitute legal advice. Checkwell Holdings, LLC strongly recommends that these Terms and Conditions be reviewed by a licensed Florida attorney prior to publication to ensure compliance with all applicable federal and state laws, including the FCRA, FIPA, Florida Chapter 117, and any other regulations applicable to your specific business operations.