4. User certifies that it will comply with all federal, state and local statutes, regulations and rules applicable to consumer credit information, including, without limitation the FCRA, including any changes enacted to the FCRA during the term of this Agreement, the Gramm Leach Bliley Act and any updates, revisions or impending regulations, any state or local laws governing the disclosure of consumer credit information, and any regulations or limitations promulgated by CRA. Specifically, User certifies that it will request a consumer report:
- In accordance with the written instructions of the consumer to whom it relates
- In connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer
- In connection with the underwriting of insurance involving the consumer
- As a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation
User certifies that it will allow CRA and the national CRAs to have the right to audit records of User that are relevant to the provision of services set forth in this agreement. User will maintain copies of all written authorizations for a minimum of five years from the date of inquiry and provide CRA copies upon request. User will notify NCRA and one of the national CRAs within 24 hours of any breach of security if personal information of consumers was, or is reasonably believed to have been, acquired by an unauthorized person
5. User certifies that it will fully support and implement policies that protect the confidential nature of information furnished by and through CRA and insures that respect for consumers' rights to privacy are maintained. User will implement strict security procedures designed to ensure that User's employees and agents use the services and the credit information in accordance with this Agreement and for no purposes other than is permitted by this Agreement.
6. User understands that no information furnished to User is guaranteed nor is CRA in any way responsible for such information. User will indemnify and hold harmless CRA, and the national CRAs, jointly and severally, from any loss, damage, attorney's fees and costs arising from any claim or suit based on alleged violation of any provision of this agreement.
7. This certification shall continue in force without any fixed date of termination, subject to cancellation upon thirty (30) days prior written notice.
8. User understands that certain consumer credit information delivered to User by CRA is obtained from the national CRAs, each of which imposes different conditions on the acquisition, use and disposal of such information. User also understands that 15 U.S.C. 1681 et seq. also requires certain other responsibilities of users of consumer reports from consumer reporting agencies, and certifies that it will abide by those responsibilities with regards to these joint use/secondary use reports as defined in the end user agreements referenced in paragraph three (3) above.
9. 15 U.S.C. 1681 et seq. PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.