Our current Terms and Conditions was last updated March 2, 2017, and continued use of the Service after any such changes shall constitute your consent to such changes.
Binary Biometrics reserves the right to update and change the Terms and Conditions of Use from time to time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms and Conditions of Use.
Account Usage Terms:
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Our background check booking system cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one user account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Account.
While Binary Biometrics prohibits such conduct and Content on the Service, you understand and agree that Binary Biometrics cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
You agree to use the Service at your own risk.
Cancellation, Termination & Refunds:
- You are solely responsible for properly canceling your account and/or appointment. An email or phone request to cancel your account and/or appointment is acceptable; however, no partial or full refunds will be issued.
- All of your booking and other information will not be deleted from our database unless otherwise requested by you.
- Binary Biometrics, or its partners in its sole discretion, has the right to suspend or terminate appointment and refuse any and all current or future use of the, including the right to refuse service to anyone for any reason at any time.
- For all out-of-state fingerprinting submissions and compliance the fees paid are non-refundable.
- All services that have been paid to Binary, or its partners are non-refundable and no credits, partial or full refunds will be issued.
Channel Partner and Affiliate Application Refund Policy.
If you are not approved your initial fee will be refunded. If you are approved your initial fee will not be refunded.
Modifications to the Service and Prices:
- Binary Biometrics or its partners reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Binary Biometrics or its partners shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Limitation of Liability:
IN NO EVENT SHALL BINARY BIOMETRICS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF BINARY BIOMETRICS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BINARY BIOMETRICS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF YOUR USE OF THESE SITES EXCEED, IN THE AGGREGATE, $100.00.
- Your use of the Service is at your sole risk. The Service is provided on as “as is” and “as available” basis.
- Binary Biometrics or its partners shall not be held responsible for any conflicts or errors resulting from the use of the Service, including but not limited to; missed or wrongly booked appointments with businesses, incorrectly charged appointments or any negative experiences or outcomes resulting either from the appointment itself or from the booking process.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Binary Biometrics, or its partners.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Use.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Binary Biometrics customer, employee, member, or officer will result in the immediate termination of your account.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform or adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You understand that when you make bookings with via the System, may have functionality enabled that allows them to send you emails and/or text messages regarding your booking with them.
- Binary Biometrics does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectation, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Binary Biometrics shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to; damages for loss of profits, goodwill, use, data or other intangible losses (even if Binary Biometrics has been advised of the possibility of such damages), resulting from; (i) the use or the inability to use the Service, (ii)the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, (iii) unauthorized access to or alteration of your transmissions or data, (iv) statements or conduct of any third party on the Service, or (v) any other matter relating to the Service.
- The failure of Binary Biometrics to exercises or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. The Terms and Conditions of Use constitutes the entire agreement between you and Binary Biometrics and govern your use of the Service, superseding any prior agreements between you and Binary Biometrics(including, but not limited to, any prior versions of the Terms and Conditions of Use)
- LiveScan Guarantee: The LiveScan Guarantee® only applies to rejections based on print quality. You must show proof that your prints were rejected by the FBI for the transaction Binary Biometrics sent on your behalf including a full copy of your rejection letter. Hard card to electronic conversion applicants must provide at least three unique fingerprint cards to qualify unless they are reprints of electronic captures. If you provide incorrect data or an outdated or inaccurate ORI number the LiveScan Guarantee® will not apply and you will be responsible for paying for another submission.
- Reassure Guarantee: If you purchased and qualified for the Reassure Guarantee Binary Biometrics will pay the owner of property for the amount of judgment up to $3,500.00, if at any time during the first 12 months of the tenant’s lease you have to commence eviction proceedings, and you obtain a non-appealable, civil judgment against the tenant or tenants, when you assign the entire judgement interest to Binary Biometrics, and subject to the Reassure Guarantee agreement you executed with Binary.
Lifetime LiveScan® Membership
The Lifetime LiveScan program makes future fingerprint requests simple, easy, and have the opportunity to save you hundreds of dollars in fingerprint rolling fees and hours of time and hassle. Essentially, we have a record of your fingerprints that have proven to be acceptable by the FBI for quality; under normal circumstances, we routinely delete these records and shred any remaining fingerprint cards every 30 days. With a retention program, we will save these prints for you in a secure vault for a predetermined period (for lifetime your reaming life). When you are asked for a set of prints at any time in the future (applying for a license, employment, etc.), give us a call at (855) 722-6695 and let us know and we will send them to anyone who accepts them from us.
- The customer is responsible for paying all third-party fees, including state and federal filings fees, shipping, registration and other third party variable fees.
The customer is still responsible for paying all variable costs of third party fees, registration fees, or shipping.
You agree that the laws of the state of Florida excluding its conflicts-of-law rules shall govern these Terms. Please note that your use of these Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim of dispute with Binary Biometrics relating in any way to your use of these Sites resides in the state and federal courts located in Brevard County, Florida and you further agree and expressly consent to exercise of personal jurisdiction in the said state and federal courts.
As a registered customer of Binary Biometrics, you will receive communication from us from time to time. Binary Biometrics may contact you via email with information regarding your account, as well as other Binary Biometrics services and promotional material.
Questions about the Terms and Conditions of Use should be sent to [email protected]