Sverify Enterprise Site Terms and Conditions

DUE TO THE SENSITIVE AND HIGHLY REGULATED NATURE OF DATA AND INFORMATION YOU AND YOUR COMPANY WILL GAIN ACCESS TO, Sverify WANTS TO ENSURE THAT YOU AND YOUR COMPANY UNDERSTAND YOUR OBLIGATIONS UNDER THE VARIOUS Sverify AGREEMENTS. BY CLICKING AND ACCEPTING ANY OF THE ONLINE AGREEMENT WITH sverify, YOU AGREE THAT:

1. YOU ARE AUTHORIZED TO ENTER INTO THE VARIOUS AGREEMENTS WITH sverify, AND YOU UNDERSTAND THAT Sverify IS RELYING ON THIS AUTHORIZATION.
2. YOU HAVE READ, UNDERSTOOD AND APPROVED THE AGREEMENTS AND YOUR COMPANY'S OBLIGATIONS IN EACH ONE OF THEM; YOU HAVE HAD AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL AND OTHER EXPERTS OR ADVISORS AS DEEMED NECESSARY; AND, YOU HAVE HAD AMPLE OPPORTUNITY TO ASK QUESTIONS ABOUT THE TERMS AND CONDITIONS OF THE AGREEMENTS.

Sverify FCRA SUBSCRIBER AGREEMENT

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS BELOW BEFORE CLICKING THE "ACCEPT" BUTTON FOR THIS Sverify FCRA SUBSCRIBER AGREEMENT. CLICKING AND ACCEPTING INDICATES THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER ("YOU" OR "YOUR"), AND YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. For purposes of this Agreement only, You understand that sverify, ("sverify) is a consumer reporting agency and provides consumer reports and investigative consumer reports ("Screening Reports") as defined by the Fair Credit Reporting Act ("FCRA"). Sverify will furnish you with Screening Reports for employment background screening of applicants ("Applicant"), conditioned upon your compliance with this Agreement and fulfillment of all your obligations (including payment) under this Agreement and any other agreements You and Sverify may have. YOU UNDERSTAND THAT THE PROVISIONS IN THIS AGREEMENT (INCLUDING WARRANTY DISCLAIMERS AND LIMITATIONS ON LIABILITY) REPRESENT AN AGREED UPON PRICE-RISK ALLOCATION. Sverify WOULD NOT BE ABLE TO OFFER YOU ITS CURRENT PRICING STRUCTURE "BUT FOR" THIS ALLOCATION.

1. You shall:
   1. Comply with all applicable federal, state and local laws governing the access and use of Screening Reports. This includes, without limitation, providing any Applicant with any consents, disclosures and reports required by the FCRA, and obtaining the prior written consent of the Applicant before procuring a Screening Report on the Applicant.
   2. Comply with FCRA Section 606(a)(2) and applicable state and local laws each time You request an "Investigative Consumer Report" (as defined by the FCRA and/or state and local laws) from Sverify for any Applicant.
   3. Assume full responsibility for the final verification of the Applicant's identity;
   4. Base all Your hiring decisions and related actions on Your policies and procedures and not rely on Sverify for (nor shall Sverify render) any opinions on or for any Screening Reports;
   5. Seek legal advice from and utilize qualified legal counsel for the use of any Screening Reports provided under this Agreement.
   6. Keep strictly confidential in accordance with this Agreement any information and identification numbers and passwords You receive from or gain access through sverify.
   7. For six years from the date You receive the Screening Report, keep a copy or copies of: (i) the Screening Report, (ii) the consent form You obtained from the Applicant for the appllicabe Screening Report, and (iii) a description of how You used or relied on the Screening Report in making a decision about Applicant.
   8. Pay Sverify by VISA, Mastercard or other payment method as Sverify may accept from time to time, for any sverify instant product offerings (custom pricing arrangements are structured by and available only through Sverify sales representatives). You certify that you are an authorized user of the credit card provided and understand that Sverify reserves the right to suspend service to any delinquent account without notice.
   9. Sverify intellectual properties are protected by United States copyright laws and international treaty provisions. Sverify and its suppliers own and retain all right, title, and interest in and to the Website, including all copyrights, patents, trade secret rights, trademarks (including service marks and logos), and other intellectual property rights therein. The rights granted to You under this Agreement do not transfer to You any title in any Sverify intellectual properties, and You shall not acquire any rights except as expressly set forth in this Agreement.
2. Sverify shall:
   1. Comply with all applicable federal, state and local laws in the preparation and transmission of Screening Reports (including, without limitation, providing an Applicant with the substance of the report and information contained in the Screening Report, upon receipt of a written request from an Applicant).
   2. Follow reasonable quality assurance procedures to assure the accuracy of the information contained in a Screening Report and maintain reasonable procedures designed to confirm, to the extent possible, that the reported public record information is complete and current.
   3. Re-verify in writing at no cost to You any disputed report when either You or the Applicant makes a request in accordance with applicable law.
   4. Maintain consumer report information and transaction details for a minimum of three (3) years.
   5. Reserve the right to suspend or terminate Your access to any Sverify products or services, including the Screening Reports, if Sverify believes You have breached all or portions of this Agreement.
3. Sverify shall not: (a) Provide any advice or counsel regarding Your reliance upon or use of any Screening Reports; or, (b) Assume any risk or liability associated with Your use of the Screening Reports, Sverify databases or information.
4. LIMITED WARRANTY AND REMEDY. Sverify warrants only that it will provide Screening Reports based on sverify' then-current access to public databases. If Sverify materially breaches this warranty, it may, at its sole discretion, re-perform the applicable search or refund Your fees for that search. You understand and agree that this is Your sole and exclusive remedy for any material breach of this warranty.
5. DISCLAIMER OF WARRANTIES. Screening Reports and other information in the Sverify databases have been compiled from public records and other proprietary sources for the specific purposes of providing background information on Applicants for verification purposes. Neither Sverify nor any of its suppliers represents or warrants that the information is current, complete or accurate. Except for the limited warranty in Section 4 above, Sverify HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY DATA, INFORMATION OR SCREENING REPORT, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY IMPLIED INDEMNITIES.
6. LIMITATION ON sverify' LIABILITY. NEITHER Sverify NOR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF ANY DATA, INFORMATION OR SCREENING REPORTS SHALL BE LIABLE TO YOU OR ANY APPLICANT FOR ANY DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED BENEFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY DATA, INFORMATION OR SCREENING REPORTS, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT TORT, OR UNDER ANY WARRANTY, OR OTHERWISE, EVEN IF Sverify HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY. sverify' LIABILITY SHALL IN NO EVENT EXCEED FEES ACTUALLY PAID BY YOU AND RECEIVED BY Sverify FOR THE SCREENING REPORTS. Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
7. Your Indemnification of sverify. You shall indemnify, defend and hold Sverify harmless from and against any and all claims, demands, costs, expenses and liabilities of any kind or nature whatsoever, including, without limitation, reasonable attorneys' fees, expert witness fees and costs based upon any breach of this Agreement by You, including without limitation the illegal or wrongful use of any Screening Report, Your gross negligence or intentional wrongdoing in connection with the use of the Screening Report, unsubstantiated claims brought by an Applicant; or Your failure to comply with Your obligations under the FCRA or other applicable state or local laws.
8. Confidentiality. You shall treat all data and information, especially any Screening Reports, disclosed to You under this Agreement as strictly confidential. Screening Reports and the information and data contained in them shall not be distributed, sold or shared with any third party nor used by You in any way except as expressly authorized by law. Disclosure of such information may be cause for criminal and/or civil legal action against You and any involved third party, and state agencies are not responsible for the defense of any such action. ANY PERSON WHO WILLFULLY AND KNOWINGLY OBTAINS, RESELLS, TRANSFER, OR USES INFORMATION IN VIOLATION OF LAW MAY BE SUBJECT TO CRIMINAL CHARGES AND/OR LIABLE TO ANY INJURED PARTY FOR TREBLE DAMAGES, REASONABLE ATTORNEYS; FEES, AND COSTS. OTHER CIVIL AND CRIMINAL LAWS MAY ALSO APPLY. You hereby affirm, agree and covenant that You are and shall remain in compliance with all applicable laws and the terms and conditions of this Agreement for the security and confidentiality of motor vehicle and driver records.
9. Term and Termination. This Agreement shall begin on the date You accept it, and continue until the third anniversary hereof (the "Initial Term"). After the Initial Term, it shall automatically renew for successive one-year periods (each one, a "Renewal Term"). During the Initial Term or any Renewal Term, Sverify may suspend or terminate this Agreement as described herein; or, either party may terminate by delivering written notice to the other at least sixty (60) days prior to the expiration of the Initial Term or the Renewal Term, as the case may be. The first three paragraphs of this Agreement, Sections 1(g), 2(e) and 3 through 11 shall survive any expiration or termination of this Agreement.
10. Priority of Documents. In the event there is a conflict between this Agreement and any other agreements between You and sverify, the relevant terms and conditions of this Agreement shall control.
11. General. This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in King County, Washington, USA. The parties hereby consent to personal jurisdiction over them by the courts within King County, Washington, USA and waive all objection and challenge to such venue and personal jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any of the transactions contemplated by this Agreement. You may not assign or transfer, by operation of law or otherwise, any of Your rights under this Agreement or delegate any duties under this Agreement to any third party without sverify' prior written consent. Any att'empted assignment or transfer in violation of the foregoing will be void. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. In any controversy, claim or dispute arising out of or relating to this Agreement or the method or manner of performance thereof or the breach thereof, the prevailing party shall be entitled and awarded in addition to any other relief, its attorneys' fees, expert witness fees and costs. If any term or provision of this Agreement or any application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions to person or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent or partnership or of any association between any of the parties hereto other than independent contracting parties. The parties affirm and agree that they have had an opportunity to consult with their respective counsel and with such other experts or advisors as they have deemed necessary in connection with this Agreement. This Agreement shall be construed without any presumption or rule requiring that it might be construed against the party causing this Agreement, or any part of it to be drafted. Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and sent by telephone facsimile transmission, or registered mail with return receipt requested, or express courier or delivery service and addressed to You at the address then on record at sverify, or to such other address as You may from time to time specify by notice to Sverify in writing. You may deliver notices to sverify, at 666 84th Ave NE, Suite 660, Bellevue, WA 98004, attn: Customer Service.

EMPLOYER CERTIFICATION

PLEASE CAREFULLY READ THE CERTIFICATION BELOW BEFORE CLICKING THE "ACCEPT" BUTTON. CLICKING AND ACCEPTING INDICATES THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER ("YOU" OR "YOUR"), AND YOU HAVE READ THIS CERTFICATION, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

By this "Employer Certification", You agree and certify that You have complied with and will continue to comply with the Fair Credit Reporting Act ("FCRA"), the Driver's Privacy Protection Act ("DPPA"), and all applicable state and local laws for consumer reports involving applicants or employees, as follows:

1. Before you request that Sverify obtain a consumer report for You about a particular person, applicant or employee, You must provide a clear and conspicuous written disclosure to the person, applicant or employee, in a document that consists solely of such disclosure, which explains that a consumer report and/or investigative consumer report may be obtained for employment purposes. You shall permit any person, applicant or employee the option of receiving a copy of the consumer report regardless of any intended adverse actions based on the report. You represent and warrant that you have reviewed Section 604(b)(2)(A) of the Fair Credit Reporting Act, 15 U.S.C. §1681b(b)(2)(A)(i), the DPPA and any applicable state and local laws governing these types of disclosures.
2. You will disclose to any person, applicant or employee that the report may include information about the person, applicant or employee's character, general reputation, personal characteristics and/or mode of living. You must notify the person/applicant/employee about his or her right to request additional information and disclosures from You concerning the nature and scope of the investigation and to receive a written summary of his or her rights, all as provided under the FCRA, the DPPA and/or applicabe state and local laws. You will further disclose to the person, applicant or employee that the report may include motor vehicle record information that will be obtained by a third party for reasons permitted by the DPPA and applicable state and local laws.
3. You will not seek a consumer report or investigative consumer report from and through Sverify unless and until the subject person, applicant or employee authorizes, in writing, the procurement of the report, as provided under Section 604(a) of the Fair Credit Reporting Act, 15 U.S.C. §1681b(a), the DPPA and/or any applicable state and local laws.
4. You will only procure consumer reports and investigative consumer reports for employment purposes, or for other purposes permitted by section 604(a) of the Fair Credit Reporting Act, 15 U.S.C. §1681b(a), the DPPA and applicable state and local laws. You will not use the information obtained in connection with any report for any other purpose. You shall treat all data and information contained in any report as strictly confidential. Reports and records shall not be distributed, sold or shared with any third party nor used by You in any way except as expressly authorized by law. Disclosure of such information may be cause for criminal and/or civil legal action against You and any involved third party, and state agencies are not responsible for the defense of any such action. Any person who willfully and knowingly obtains, resells, transfer, or uses information in violation of law may be subject to criminal charges and/or liable to any injured party for treble damages, reasonable attorneys; fees, and costs. Other civil and criminal laws may also apply.
5. When procuring an investigative consumer report, You will comply with any request made by the subject person, applicant or employer under Section 606(b) of the Fair Credit Reporting Act, 15 U.S.C. §1681d(b), the DPPA and/or applicable state and local laws for additional information regarding the nature and scope of the investigation.
6. Before taking any adverse action against the subject person, applicant or employee based in whole or in part on a report, You will provide that person, applicant or employee with a copy of the report and a description in writing of his or her rights under the FCRA, as prescribed by the Federal Trade Commission's document entitled "Your Rights Under the Fair Credit Reporting Act."
7. Neither You, nor Your representatives or agents shall use the information contained in a consumer report in violation of any applicable local, state or federal equal employment opportunity laws, rules or regulations.
8. You agree that Sverify may request a renewal of this Certification from You at any time. Sverify may, at its sole discretion, obtain such a renewal before, during or after it conducts any particular background check or prepares any particular consumer report and/or investigative consumer report.