Terms & Conditions

Terms and Conditions:

Last Updated: 3/1/2025

Wave USA, Inc. d/b/a Wave Screenings (also referred to as “Wave Screenings,” “WAVE,” “WS,” “we,” “us,” or “our”) provides the content and services available on the websites: https://wavescreenings.com/ & https://myportal.wavescreenings.com/ (the “Sites”). Except as expressly provided herein, these Terms & Conditions (“Terms”) contain the terms and conditions that govern your access to and use of the services, including those available on and through the Site and other websites offered by Wave Screenings, its affiliates and partners, including but not limited to: obtaining, delivering, and managing reports and related documentation; obtaining status information regarding background reports, motor vehicle reports, credit reports, drug screening, tenant screening, healthcare sanctions, employment & education verifications; processes for generating reports and resolving potential inaccuracies; requesting a copy of your consumer file; and/or any disputes relating to your reports (collectively, the “Services”). Your access to, review of, and/or use of the Services is conditioned on your acceptance of and compliance with these Terms.

These Wave Screenings service terms and conditions (this “Agreement”) is govern under the law of the state of New Jersey & Georgia and the federal law of the United States of America. And this is an agreement between Wave USA Inc d.b.a Wave Screenings (also referred to as “WS,” “Wave Screenings,” “We,” “WAVE,” “Us,” or “Our”) and You or the entity You represent (“You” or “Your”). Collectively, You and Wave Screenings are the “Parties.” This Agreement takes effect when you use any of the services (the “Effective Date”).

Authority to Enter into the Agreement
You represent to Us that You are lawfully able to enter into contracts (e.g., You are not a minor). If You are entering into this Agreement for an entity, such as the company You work for, you represent to Us that You have legal authority to bind that entity.

Welcome to Wave Screenings® (“Sites”) (“Platform”) provided to you by Wave USA Inc d.b.a “Wave Screenings”. The Site and any related services, modules, functions, software or platforms (collectively, “Services”) were created in order to provide you a much easier way to order background checks, motor vehicle reports, credit reports, drug screenings, tenant screening, healthcare sanctions, employment & education verification. These Wave Screenings Terms and Conditions (“T&C”) constitute a set of rules by which we operate such Services.

Legal Compliance

The information reported by The Site constitutes personal information that is regulated by the Fair Credit Reporting Act (FCRA). The provisions of the FCRA can be found here. The Site complies with the FCRA, including:
- A) Section 607(d), which requires that we provide clients with a prescribed notice of their duties as users of consumer reports under the FCRA. Those duties are set forth at Obligations of Users Under the FCRA and are hereby being provided to you;
- B) Section 609, which imposes the requirement that CRAs disclose all the information in their files on a consumer upon request; and
- C) Section 604, which limits the purposes for which information may be provided. We rely upon certifications provided by our clients that the information is sought to be used for (or to be provided for) employment purposes; tenant screening purposes; purposes related to a business transaction initiated by the consumer; other permissible purposes as defined by the FCRA (Section 604 outlines all of the permissible purposes in detail); and no other purpose.
For reports used in employment screening, I certify that I have obtained written permission from the applicant to obtain this report. I agree to provide Wave Screenings with the mailing address and e-mail address of the report subject upon request. This address will be used by Wave Screenings for legal reasons only. Upon failure to provide a mailing address and e-mail address, Wave Screenings reserves the right to withhold the report without a refund.
I agree not to use the data resold by The Site for any unlawful purposes, including violations of state and federal employment laws or regulations, including specifically, all applicable provisions of the FCRA.
I certify that the information I obtain from The Site will be used by me exclusively for “permissible purposes” as defined in the FCRA.
I agree to pay for responses returned from my queries of “Criminal Searches” even if said responses include no records found.
I acknowledge that the price of each search is for one individual search only.
I understand that reports may take time to be completed and verified, and that Wave Screenings incurs court fees and other expenses in fulfilling the report. Court delays may happen which are outside of Wave Screenings control and no refund will be due in this case.
The materials on this Site and the data resold by “WS” are transmitted and distributed “as is” and appear on The Site and in The Site’s reports without express or implied warranties of any kind, including, but not limited to, warranties of title or non-infringement, implied warranties of merchantability, or fitness for a particular purpose. Wave Screenings makes no warranty as to the quality, accuracy, completeness, timeliness and validity of any materials on The Site or in data resold by The Site.
I understand that all information re-sold by Wave Screenings is based on public records obtained from state, local, and federal government offices and may not be 100% complete or accurate.
I AGREE TO INDEMNIFY AND HOLD HARMLESS WAVE SCREENINGS, AND ITS OFFICERS, DIRECTORS, PARTNERS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY’S FEES AND EXPENSES INCURRED BY WAVE SCREENINGS IN DEFENDING ANY CLAIM FOR DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES I PERFORMED ON THE SITE.
I UNDERSTAND AND AGREE THAT MY USE OF THE SITE AND/OR DATA RESOLD BY THE SITE IS ENTIRELY AT MY SOLE RISK. I UNDERSTAND AND AGREE THAT WAVE SCREENINGS WILL NOT BE RESPONSIBLE TO ME OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES INCURRED IN CONNECTION WITH MY USE OF THE SITE OR DATA RESOLD BY THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WAVE SCREENINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Wave Screenings Services and Obligations.

Compliance with Applicable Laws. Wave Screenings agrees to comply with all laws applicable to consumer reporting agencies. Among other things, Wave Screenings will: (a) follow reasonable procedures to assure maximum possible accuracy of the information reported, (b) disclose to Consumer, upon request, the information in the Consumer’s file, and (c) reinvestigate any information disputed by the Consumer at no charge to the Client and take any necessary action to rectify a report that has been determined to have incorrect or unverifiable information.
Scope of Information Provided. Wave Screenings shall seek out and deliver information consistent with the service descriptions set forth on its website at https://www.wavescreenings.com/ at the time of the relevant search. Client understands that it must review and consider the scope of a search before placing an order with Wave Screenings. Client also understands that it will not receive information from Wave Screenings that falls outside of a requested search, and that it will not receive information that Wave Screenings determines—in its sole discretion—to be unreportable under applicable law.
Administrative Role As To Adverse Action Correspondence. If Client elects to have Wave Screenings send out pre- and/or post-adverse action letters on its behalf, Client understands that it must notify Wave Screenings each time it wishes for a letter to go out. Wave Screenings will not send out any adverse action letters unless expressly instructed to do so. Client accepts full responsibility for the content of any adverse action letters sent by Wave Screenings, and understands that it must notify Wave Screenings if it wishes to use a particular template or if it wishes to modify the template made available through MY Portal. Client agrees that Wave Screenings plays no role in deciding whether an individual should incur adverse action based upon a Report. Client accepts full responsibility for any and all substantive decision-making based upon the Reports it receives from Wave Screenings. Both parties agree that Wave Screenings role as to the adverse action process is strictly administrative. Client shall indemnify and hold harmless Wave Screenings, its affiliates, partners and subsidiaries and their respective officers, directors, employees, agents, and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any third-party claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or in equity, related in any manner to Wave Screenings sending out of pre- and/or post-adverse action correspondence on behalf of Client.
Administrative Role As To Initial Report Review. If Client opts to have Wave Screenings conduct an initial review of completed Reports on its behalf, Client shall supply Wave Screenings with definitive and objective instructions on how to do so. Client understands and agrees that it is solely responsible for creating and defining any such instructions. Client also agrees that Wave Screenings plays no role in deciding whether a Consumer should incur adverse action based upon a Report, and that Wave Screenings role is strictly administrative. Client accepts full responsibility for any and all substantive decision-making based upon a Report prepared by Wave Screenings. Client understands that Wave Screenings will not send out any notice or communications related to the adverse action process unless expressly instructed by Client to do so and pursuant to agreed-upon terms. Client shall indemnify and hold harmless Wave Screenings, its affiliates, and subsidiaries and their respective officers, directors, employees, agents, and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any third-party claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or in equity, related in any manner to Wave Screenings initial review of reports pursuant to Client’s instructions (as discussed in this Section).

Audit Cooperation

You agree to cooperate with any audit or investigation conducted by us or regulatory authorities regarding your use of our services.This may include providing access to your facilities and records upon reasonable notice

Payment Terms

Payment for services must be made in accordance with the pricing on our site and our service agreements. Any late payments will be subject to a late fee of 1.5% interest per month or the maximum rate allowed by law, whichever is less. Wave Screenings reserves the right to change the fees charged for the use of The Site and for use of The Site’s databases, and these terms of use, at any time for any reason.

Refund Policy

All purchases are final, and no refunds will be issued once a service has been ordered, except if it’s part of a money back guarantee service(s) and/or promotions. No refunds will be provided for:

Records outside of our posted coverage.
Data errors or inaccuracies.
Incorrect information provided by you.
No conviction found.
Sealed or expunged records.
Crimes committed before the age of 18.

Any chargebacks will incur an additional fee of $55, and may result in adverse credit listing.

Confidentiality and Security

Wave Screenings takes reasonable measures to protect the confidentiality and security of your data. However, you are responsible for maintaining the confidentiality of your account information and for any activities that occur under your account. You must not share your account credentials with any unauthorized persons and must notify us immediately of any suspected breach or unauthorized access.

LICENSE AND SITES ACCESS

WAVE SCREENINGS. grants you a limited license to access and make business use of the sites and not to download or modify them, or any portion of them, except with express written consent from our company. The sites or any portion of the sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose other than what is in the agreement, without express written consent from our company. The right to access our corporate websites does not include any resale or its contents nor allows you to download or copy any account information for the benefit of another merchant.

PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained logos in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Wave Screenings or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

Any unauthorized use terminates the permission or license granted by WAVE SCREENINGS.

Terms and Terminations.

This Agreement shall begin on the Effective Date, and shall continue until terminated by either party or as otherwise permitted by this Agreement (“Term”).
Termination by You. You may terminate this Agreement at any time with or without cause upon written notice to Wave USA, Inc. d/b/a Wave Screenings.
Termination by Wave Screenings. Wave Screenings, in its sole discretion, may terminate this Agreement and/or suspend Services immediately at any time with or without cause upon notice to You (an alert via the Platform and/or via email is sufficient).

Effect of Termination. Upon termination or expiration of this Agreement for any reason, You will have no further right to use or access the Platform or Services.
Surviving Provisions. All provisions that by their nature are intended to survive, including but not limited to payment obligations, disclaimers of warranties, confidentiality and limitations of liability, shall survive the termination of this Agreement.

Miscellaneous.

Independent Contractor. Each party is and shall remain an independent contractor. Neither party is authorized to assume or create an obligation or responsibility, express or implied, on behalf of or in the name of the other party or to bind the other party in any manner.
Address Change. Client shall notify Wave Screenings if Client changes its name or address.
Information for “Vetting Purposes”. Client shall be expected to provide certain information to Wave Screenings regarding the nature of its business so that Wave Screenings may appropriately “vet” Client before providing Reports.
General Legal Compliance. Client shall comply with all laws applicable to its ordering, receipt, or use of Reports from Wave Screenings.
Receipt of Federal Notices. Client acknowledges that it has received a copy of two governmental notices: “A Summary of Your Rights Under the Fair Credit Reporting Act” and “Notice to Users of Consumer Reports” from Wave Screenings.