ACCURACY OF CRIMINAL HISTORY SEARCHES
The MPM Group, Inc. and/or Social Media Identity Verification (MPM/SMIV) are not affiliated with any federal, state or local law enforcement agency. As such, MPM/SMIV does not have access to the National Crime Information Center (NCIC), which is the only all-source criminal history data base in the United States. Based on fingerprint and DNA source data being provided by federal, state or local law enforcement agencies, prisons, jails and other government agencies throughout the United States, NCIC remains the only accurate source for a comprehensive nationwide criminal background on any individual. Again, NCIC name searches are only available to recognized federal, state or local law enforcement agencies.
Accordingly, if retained to do so, MPM/SMIV will conduct the most comprehensive criminal history available through our current “non-government” data bases, but MPM/SMIV does not guarantee the thoroughness of the national criminal history of any search subject. MPM/SMIV’s inability to do so is a direct result of: 1. not having access to nationwide NCIC fingerprint (identifying the use of aliases); 2. an arrest that is subject to inconsistent State reporting requirements; 3. any federal/state sealed court records; 4. any unreported misdemeanor arrest(s); or 5. the possible, albeit rare, failure of a person to be formally registered with the National Sex Offender Public Website (NSOPW) or other National Sex Offender Register(s).
ACCURACY OF OTHER IMFORMATION SOURCES
As licensed, bonded and insured Private Investigators, MPM/SMIV does have access to some of the most reliable and comprehensive personal data bases in the United States, allowing us to routinely and accurately identify most search subjects within the United States. However, database search reports are performed strictly by the information provided on any subject or business by the Client. Any error in spelling, format, sequence of letters, words, numbers or insufficient information can result in incorrect or no information being returned. MPM/SMIV’s data is supplied from a myriad of sources such as: various restricted computer data bases, public information facilities, government open record institutions and may also contain confidential source information. (The Client agrees to make every effort to maintain the integrity of this data.) Additionally, other information may have been gathered from sources and individuals deemed reliable by MPM/SMIV; however, no guarantee, warranty, or other representation is made as to the accuracy of information received from third-parties, or its suitability for any particular purpose. MPM/SMIV will not be held liable for inaccuracies or omissions contained in public record information or databases accessed. If the information reported is not “original source” information, it is strongly recommended that any information gathered be cross-referenced with original source information or some other reliable source.
RESPONSIBLE USE OF INFORMATION
MPM/SMIV always promotes the responsible use of the information that it provides, and reserves the right to withhold information for which MPM/SMIV deems is outside the scope of a “permissible purpose” or is otherwise disallowed by federal/state law or other regulation. The Client is responsible to safeguard the information provided from unauthorized third party disclosure as defined by the Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Drivers Privacy Protection Act (DPPA) and Right to Financial Privacy Act (RFPA). It is incumbent upon the Client, and/or their representatives, to be fully knowledgeable about such laws and regulations or to seek legal counsel prior to the dissemination of reported information.
COMPLIANCE WITH THE FAIR CREDIT REPORTING ACT
With respect to compliance with the Fair Credit Reporting Act, the services provided by MPM/SMIV are not being provided as a “consumer reporting agency” as that term is defined in the Fair Credit Reporting Act (“FCRA), Title 5, U.S.C., § 1681, et seq., and said services do not constitute “consumer reports” as that term is defined in the FCRA. Therefore, no MPM/SMIV service(s) may be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Furthermore, all MPM/SMIV Clients certify that they will not use any of the information it receives through MPM/SMIV services to determine, in whole or in part an individual’s eligibility for any of the following products, services or transactions: (1) credit or insurance to be used primarily for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or (4) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account.
NO LEGAL RELATIONSHIP
Engaging MPM/SMIV does not establish a legal relationship. MPM/SMIV cannot offer any advice, explanation, opinion or recommendation with respect to any legal rights, remedies, defenses, strategies or options that the Client may desire. The agents and employees of MPM/SMIV are not lawyers and cannot engage in the practice of law. No attorney-client relationship is formed by engaging the services of MPM/SMIV. No communications, including without limitation, documents, agreements, reports, or any form of correspondence, should be construed as legal advice from MPM/SMIV or any of its employees or agents.
All MPM/SMIV Clients understand and agree that no information or services obtained from MPM/SMIV may be used for any illegal or unauthorized purposes to include, but not limited to, stalking, harassment, annoyance, violation of a court order (i.e. TRO, etc.), or the violation of any federal or state law. Furthermore, the Client agrees to indemnify, hold and save harmless, and defend, at its own expense, MPM/SMIV, its officials, agents, employees and insurance carriers from and against all suits, claims, demands, and liability of any nature or kind, including their costs and expenses, arising out of any criminal or tortuous act(s) committed by the Client as a result of any Agreement made with, or any information received from, the MPM/SMIV.
The laws of the State of New Jersey shall govern the validity, interpretation, construction and enforcement of this, or any other, MPM/SMIV Agreement.