This analysis describes what Gusto's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The updated terms make explicit that requesting a background check through Gusto creates a legally binding agreement not just with Gusto but also incorporating terms from Gusto's payroll service and Checkr's service agreement. This means customers are committing to multiple overlapping sets of terms when they initiate a background check request. The change does not appear to alter the substantive rights or obligations, but rather clarifies their scope and binding nature in writing.
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In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our websites, these Terms of Use will control.
In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control.
If a supplemental agreement conflicts with these Terms, the supplemental agreement controls to the extent of the conflict for the program, feature, or service it governs.
"To the extent any Additional Terms conflict with these Employer Terms, the Additional Terms will control with respect to the applicable subject matter.Excerpt from Gusto's Terms of Service
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The clause states: “To the extent any Additional Terms conflict with these Employer Terms, the Additional Terms will control with respect to the applicable subject matter.”
ConductAtlas has identified this type of provision across 297 platforms. See the full comparison.
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