Terms of Service
Applicant acknowledges that MPA, Inc. is not a Applicant reporting agency and is not responsible for making any determination in regards to any request or application made herein. Applicant understands that any determination of eligibility is at the sole discretion of the hiring or licensing agency with whom they are applying.
Applicant shall indemnify, defend and hold harmless MPA, Inc. and its officers, directors, employees, contractors, and affiliates from and against any third party’s claims, suits, damages, and losses, including reasonable attorneys’ fees and costs, arising out of or in connection with (i) Applicant eligibility in regards to any request or application made; (ii) Applicant’s violation of any applicable federal, state or local law, regulation, rule, ordinance or judicial or administrative ruling; and (iii) Applicant’s breach of this Agreement. MPA, Inc. may, at its election and expense, be represented by counsel of its choice and be present at all associated proceedings. Applicant may not settle or consent to the entry of any judgment without the prior written consent of MPA, Inc., which shall not be unreasonably withheld, conditioned or delayed.
MPA, Inc. and its representatives, including officers, directors, employees, contractors, and affiliates, shall not be liable to Applicant or other third parties for, and Applicant agrees not to sue for, any claim relating to MPA, Inc. procuring, compiling, collecting, interpreting, reporting, communicating, or delivering MPA, Inc. Services.
MPA, Inc. entire aggregate liability to Applicant under the Applicant Agreement is limited to direct damages not exceeding the fee paid by Applicant for the MPA, Inc. services obtained which give rise to any first such claim.
In no event shall MPA, Inc. be liable for any consequential, incidental, indirect, special, or punitive damages incurred by the other party and arising out of the performance of this agreement, including but not limited to loss of goodwill and lost profits or revenue, whether or not such loss or damage is based in contract, warranty, tort, negligence, strict liability, indemnity, or otherwise, even if a party has been advised of the possibility of such damages. these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
Additionally, MPA, Inc. shall not be liable to the other for any and all claims arising out of or in connection with this agreement brought more than two (2) years after the cause of action has accrued.
Notwithstanding any other provision of law and pursuant to the Public Records Act (Government Code Section 6250 et seq.), I understand that the information contained herein may be a matter of public record and shall be made available upon valid request or court order.
Modifications to Applicant Agreement are only binding upon MPA, Inc. if contained in a written amendment signed by authorized representatives of MPA, Inc.
These Terms of Service are subject to change from time to time. Notice may be given by any reasonable means, including, but not limited to, posting such modifications on the website.
Accordingly, Applicant should periodically review these website Terms of Service by continuing to enter the Website, Applicant acknowledges and agrees that it shall be bound by any such modifications.
Applicant shall notify MPA, Inc. immediately of any changes to information provided by the Applicant. Notification of any changes shall be sent to the email below. MPA, Inc. reserves the right to terminate the use of the MPA, Inc. Services without further notice upon receipt of any change in Applicant’s status which in MPA, Inc. sole discretion would cause the Applicant to be unable to comply with its obligations under the Applicant Agreement.
In the event a conflict arises between either the terms in the Applicant Agreement and any other agreement, the terms in the Applicant Agreement shall prevail.
To the extent that any MPA, Inc. Services rely upon or use information from any third-party sources, then those sources shall be intended third-party beneficiaries with all rights and privileges of MPA, Inc.. MPA, Inc., and any such sources (as intended third-party beneficiaries), are entitled to enforce the Applicant Agreement directly against the Applicant.
The Applicant Agreement and these Terms shall be governed by California law, without reference to its choice of law rules. Venue for all actions shall be in the United States District Court for the Southern District of California. The prevailing party in any action shall be entitled to reasonable attorneys’ fees and costs.
All provisions in this Applicant Agreement that relate to disclaimer of warranties, access and use of MPA, Inc. Services, audit, limitation of liability, indemnification, Applicant’s release of claims, confidentiality of MPA, Inc. information, and payment for MPA, Inc. Services shall survive any termination of this Applicant Agreement.
If any provision of the Applicant Agreement, including these online Terms of Service, is or becomes void or unenforceable by law, the other provisions shall remain valid and enforceable.
Applicant agrees that any breach by Applicant of its Applicant Agreement with MPA, Inc. may cause MPA, Inc. immediate and irreparable harm and that MPA, Inc. shall be entitled to seek injunctive relief, without having to post a bond, in addition to any and all other remedies available at law or in equity.
MPA, Inc. maintains a strict NO REFUND policy. There may be extraordinary circumstances when a refund will be considered and determined on an individual basis. By contracting our services, the Applicant authorizes services to be performed and understands services may be considered rendered prior to the full completion of the application process.