Terms and Conditions

West Coast Business Consulting, Inc. AKA (“truebackground checks.com”) is a California corporation that provides information to you (“You” or “Your”), subject to these terms and conditions (the “Terms”) and subject to West Coast’s other policies, including our Privacy Policy, the terms of which are incorporated herein by reference. These Terms require that disputes between us be resolved by binding arbitration rather than by jury trials or class actions and limit your remedies in the event of a dispute.

You accept these Terms upon Your receipt of any information from West Coast and the website truebackgroundchecks.com. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement, whether on Your individual behalf or on behalf of an entity (corporation, limited liability or otherwise) to which this agreement applies.

If You are using information provided by West Coast on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

West Coast may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. Any revised Terms can be accessed at our website at https://www.truebackgroundchecks.com

Information Available from West Coast.

West Coast information reports are based on aggregated available information from a variety of sources, some of which is publicly available (the “Provided Information”). West Coast does not verify the Provided Information, does evaluate any portion of the Provided Information and makes no guarantees to You about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. You agree that there are no warranties or guarantees whatsoever regarding the Provided Information. Accordingly, You agree to rely on the Provided Information at Your own risk.

Payment.

As a condition to Your receipt of Provided Information, You agree to make payment to West Coast of the amount due therefor, with payment to be made in full, whether by credit card, check or other method accepted by West Coast, in advance of Your receipt of the Provided Information for which payment is to be made.

Privacy Policy

West Coast has a Privacy Policy describing its collection, retention, and use of information about users of our services. This policy can be accessed at https://www.truebackgroundchecks.com, and is incorporated herein by reference.

Notification

Any notices to be given to West Coast under these Terms shall be made in writing to: Carlos Agosti, CFO, West Coast Business Consulting, Inc., 19338 Londelius Street, Northridge, California 91324 or by email to This email address is being protected from spambots. You need JavaScript enabled to view it.. You agree that West Coast can send electronic notices to the e-mail address that You provide to West Coast when placing an order for information through West Coast. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

Conditions of Use and Receipt of Provided Information

YOU MAY NOT USE ANY OF THE INFORMATION WE PROVIDE TO YOU AS A FACTOR IN ESTABLISHING OR EVALUATING AN INDIVIDUAL’S ELIGIBILITY FOR CREDIT OR INSURANCE TO BE USED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, TO EVALUATE A PERSON’S ELIGIBILITY FOR EMPLOYMENT OR VOLUNTEERING PURPOSES, TO EVALUATE A PERSON’S ELIGIBILITY FOR AN GOVERNMENT LICENSE OR BENEFIT, TO EVALUATE A PERSON FOR RENTING A DWELLING PROPERTY, OR FOR ANY OTHER PURPOSE SPECIFIED IN THE FAIR CREDIT REPORTING ACT (OR ANY SIMILAR STATE LAW).

YOU SHOULD NOT USE THE INFORMATION PROVIDED FOR MAKING EMPLOYMENT DECISIONS AND ALL DETERMINATIONS CONCERNING WHETHER AN APPLICANT SHOULD BE HIRED OR RETAINED SHOULD BE DONE WITH REFERENCE TO APPLICABLE FEDERAL, STATE AND LOCAL LAWS.

OUR REPORTS ARE FOR INFORMATION ONLY. INCORRECT USE OF A REPORT, OR ALLOWING A REPORT TO BE SHARED WITH OTHERS COULD HAVE ADVERSE CONSEQUENCES. YOU SHOULD NOT SHARE THE INFORMATION OBTAINED FROM A REPORT WITH ANY ONE, OTHER THAN THOSE AUTHORIZED TO RECEIVE IT WITHIN YOUR COMPANY.

WE DO NOT REPRESENT OR WARRANT THAT ANY REPORT PROVIDED TO YOU WILL OFFER ALL OF THE INFORMATION YOU NEED TO MAKE DECISIONS OR THAT IT WILL BE ENTIRELY ACCURATE. THE INFORMATION WE OBTAIN IS THROUGH VARIOUS DATABASES AND VARIOUS OTHER THIRD-PARTY SOURCES THAT HAVE FURNISHED US WITH THE INFORMATION. WE DO NOT REPRESENT OR WARRANT THAT INFORMATION PROVIDED TO YOU IS ALL THAT YOU NEED TO MAKE DECISIONS.

YOU ARE NOT PERMITTED TO SELL, RETRANSMIT OR REPRODUCE THE INFORMATION TO OTHERS. IT IS FOR YOUR EXCLUSIVE USE.

WE DISCLAIM ALL WARRANTIES ASSOCIATED WITH THE INFORMATION REPORTS PROVIDED TO YOU TO THE MAXIMUM EXTENT PERMITTED UNDER FEDERAL AND APPLICABLE STATE LAW.

WEST COAST BUSINESS CONSULTING, INC. IS NOT A CONSUMER REPORTING AGENCY AS DEFINED IN THE FAIR CREDIT REPORTING ACT.

Disclaimer of Warranties

WEST COAST WILL FURNISH THE PROVIDED INFORMATION SOLELY ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, DELAYS, AND NONINFRINGEMENT. NO INFORMATION OR ADVICE PROVIDED BY WEST COAST, OR BY WEST COAST’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. WEST COAST MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF PROVIDED INFORMATION OR ITS CONTENT; (ii) THAT PROVIDED INFORMATION WILL MEET YOUR NEEDS OR EXPECTATIONS; (iii) AS TO THE QUALITY OR VALUE OF ANY OF WEST COAST’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA OUR WEBSITE; OR (iv) THAT ANY ERRORS IN PROVIDED INFORMATION WILL BE CORRECTED.

Limitation of Liability

To the extent permitted by law, West Coast AKA ( truebackgroundchecks.com) shall have no liability, relating to Your receipt or use of Provided Information, for: (i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such; (ii) loss of business, profits, business information, or business interruption, or any other pecuniary loss; (iii) any claim relating to West Coast’s procuring, compiling, collecting, interpreting, reporting, communicating or delivering the Provided Information; or (iv) for direct damages, actually proven, exceeding Five Hundred Dollars ($500.00). This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

Indemnification

You agree to defend, indemnify, and hold West Coast AKA ( truebackgroundchecks.com), its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms. West Coast reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify West Coast. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from West Coast.

Choice of Law

The internal substantive laws of the State of California shall govern these Terms, without regard to any conflicts of laws rules.

Assignments

West Coast may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

Agreement to Arbitrate

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Disputes Subject to Arbitration. West Coast and You agree to arbitrate all disputes and claims between us, including, but not limited to:

claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and claims that may arise after the termination of these Terms.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that it seeks relief that does not affect other customers.

Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of this Section 11, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.

Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to West Coast should be addressed to: (“Notice Address”). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If West Coast and You do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or West Coast may commence an arbitration proceeding with the American Arbitration Association (“AAA”).

Costs of Arbitration. West Coast will pay all AAA filing, administration, and arbitrator fees for any arbitration that West Coast initiates. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules. West Coast will pay all fees, if any, that it is required to pay under applicable AAA Rules or otherwise under California law.

If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse us for any amounts we have paid on Your behalf to the AAA.

Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.

Unless West Coast and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Demand. If you bring a claim for $10,000 or less, West Coast agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.

Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding. If You or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws West Coast may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, West Coast agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

Prohibition of Class or Representative Actions and Non-Individualized Relief. YOU AND WEST COAST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and West Coast agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other West Coast customers. Neither You nor West Coast may seek non-individualized relief that would affect other West Coast customers. If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if West Coast makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.

Entire Agreement

These Terms and any West Coast policies posted on West Coast’s website at https://www.truebackgroundchecks.com constitute the entire contract between You and West Coast and supersede all previous written or oral contracts. Except as provided in Section 11, if any part of the Terms is held invalid or unenforceable, that portion shall construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Severability of Provisions

If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.