Credentify™ Terms of Use Agreement and Electronic Consent Agreement

Please read this Terms of Use Agreement and Electronic Consent Agreement Carefully. By accessing our website or any affiliated or Private Label Branded Website and any pages hereof or placing orders with our company via electronic communication or any other manner, you agree to be bound by the terms and conditions below. This agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our agreement.

Please print and retain a copy of this agreement for your records.

Consent
In order to verify personal credentials, Credentify asserts consent to the following:
1. Allow Credentify to provide you with disclosures electronically.
2. Allow Credentify to review, investigate and verify your Company in order to authenticate the legitimacy of your business.
3. Allow Credentify to submit your personally identifiable information to the agencies you purport to have credentials with, and our partners who work directly or indirectly with these agencies for the purpose of verifying your credentials.
4. Client/end user is 18 years of age or older and has authority to legally sign documents
Scope of Consent electronic
1. You ("Requester") consents to receive all disclosures and other business communications electronically with Credentify, LLC ("Credentify"). This includes electronic communication between all organizations and agencies provided by you to Credentify. Requester agrees to receive Disclosures from Credentify electronically; as well as Disclosures and other communications from the agencies or organizations you purport to have a credential with. After a request is transmitted to one or more of these agencies, you may be contacted to clarify the information provided. By submitting your request, you consent to have all disclosures and communications provided, or made available, to you in electronic form.
2. BY SUBMITTING YOUR REQUEST, YOU CONSENT TO HAVING ALL DISCLOSURES AND COMMUNICATIONS PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH CREDENTIFY, CREDENTIAL AGENCIES, AND RELATED THIRD PARTIES ELECTRONICALLY.
Electronic Signature Agreement:
1. By entering your name below, you are accepting and signing this Agreement electronically. You are granting Credentify, LLC permission to, a) run a credit report, b) perform background screening, c) contact former employers and institutions for the purpose of credential verification; including but not limited to education, work experience, licenses, certifications, associations, and publications. You acknowledge and agree your electronic signature is the legal equivalent of your manual signature on this Agreement and you accept and agree as if actually signed by you in writing. By entering your name you consent to be legally bound by this Agreement's terms and conditions. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Credentify, LLC.
Terms and Conditions
1. Credentify.com is operated by Credentify LLC, a California Limited Liability Corporation. By accessing or using our web site at www.credentify.com, you (the "requester") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Credentify LLC. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If changes are made, we will post the changes to these Terms of Use on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these, or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
2. This document informs you of your rights when receiving legally required disclosures, notices and information ("Disclosures") from Credentify and the rights you have when we submit your personally identifiable information to agencies we contract with to verify your credential record. By completing and submitting a credential request through Credentify, you acknowledge the receipt of this document and consent to the electronic delivery of aforementioned Disclosures. You authorize Credentify to share your personally identifiable information with affiliates, employers and partners for the sole purpose of verifying your credentials.
3. Credentify, LLC has established and will continue to maintain this Site to provide information, education and communication. Downloading of material displayed on the Site is limited to non-commercial, personal use only, provided Requester retains all copyright and other proprietary notices contained on the materials. The content of the Site cannot be used, posted, sold, transmitted, distributed, modified or transferred for public or commercial purposes, without the written permission of Credentify LLC.
4. The use of information provided by Credentify LLC. is for permissible purposes only, and only in accordance with applicable law. The Permissible Purposes are: (i) legitimate business need in connection with a transaction initiated by a Company for employment purposes, or (ii) a person seeking employment through the Credentify Web Site. End User (employer) may disclose information within any report obtained from Credentify LLC. hereunder, to potential employee who is the subject of such report, in accordance with applicable law. You may not use, distribute, display, transmit, reproduce or otherwise exploit any of the information obtained, or its contents, for any other purpose. Client certifies that it will use the information only for the specific Permissible Purposes and is solely liable for any misappropriation of such data.
5. Credentify agrees to use the Information solely for the purpose of evaluating the character or creditworthiness of a tenant applicant or employment applicant, and/or for collection purposes;
6. by using any Information, Credentify acknowledges and agrees that because of error inherent in the procurement of information and the human factors involved in the compilation of data and information, the Information may contain a degree of error, and that the Information is supplied "as is" with no guarantee of accuracy, correctness, completeness, currentness, merchantability, or fitness for a particular purpose, and that nothing has been stated or otherwise indicated to you contrary to this clause;
7. Credentify agrees that no third party who has been the source of any Information shall be liable under any theory of law (including without limitation negligence) for any loss or damage that may arise in connection with the furnishing, Credentify's inability to use, or Credentify's use of the Information, including without limitation any direct, indirect, special, incidental, economic, lost profit, consequential damages, or other kind of loss or damage whatsoever, even such source has been advised of the possibility of such loss or damage; and if Credentify uses Information for employment screening, Credentify will notify all applicants that public record information is being reported and will disclose to the applicant to whom the public record information is being reported.
Hardware and Software Requirements
1. To access and retain all Disclosures electronically, the following computer software and hardware is required by all Requesters:
  - Internet access with 128-bit encryption
  - Ability to print from a mainstream Internet browser
  - Email Access
  BY SUBMITTING YOUR REQUEST, YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE ELECTRONIC DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.
Withdrawing Consent
Credentify LLC provides disclosures and communications to Requesters instantaneously. The ability to withdraw consent to do business electronically, with Credentify, will be waived.
Termination
Your access to and use of the Hosted Service may be terminated, limited, denied or disabled at any time, without the necessity of Credentify sending you notice or otherwise advising you of your loss of rights, if you use the Hosted Service in a way that is not authorized or if you otherwise violate any of the terms, conditions or restrictions stated in this Agreement. Accordingly, you may or may not be able to recover information stored on the Hosted Service. Termination or cancellation of this Agreement will not affect any right or relief to which Credentify or its Suppliers may be entitled, at law or in equity. Upon termination of this Agreement, all rights to use the Hosted Service will terminate.
Contact Information
Requester agrees to provide Credentify with up to date information regarding Requesters contact information: including, but not limited to, electronic address, physical mailing address, billing address, and billing account numbers. Requester may contact Credentify via our website, phone number or physical address regarding any such changes, or communications.
Price, Payment and Maintenance of Products
1. Price
  Credentify shall collect payment of all services rendered at the time order is placed. Requester agrees to pay a transaction fee in accordance with Credentify's published schedule of fees for each verification request. Credentify's schedule of fees is available on its website at www.credentify.com.
2. Payment Terms
  The Requester understands that they are liable for all payments charged to their account by anyone using their "Log in ID" and "Password" to access any area of Credentify, or submitting orders to Credentify. Requester agrees to pay for responses returned from queries for background check information: including, but not limited to, employment and education verification, criminal background checks, credit checks, military service, credential and certification validation, and patent/literary verifications, even if said responses include zero records.
Products and Right to Audit
1. Requester shall maintain business and financial records pertaining to its purchase and dissemination of products for a continuing period of seven years beginning with the effective date. Such records shall contain information sufficient to verify that the use of products complies with this agreement. The records shall be made available to Credentify and/or requesting source upon Credentify's request. In addition, upon reasonable advance notice, Credentify shall have the right to audit Requesters compliance with this agreement and applicable law. Any violation discovered as a result of such audit may be cause for immediate action by Credentify, including, but not limited to, immediate termination of agreement.
2. All information entered into the Credentify web site will be securely stored on Credentifyâ€˜s servers and made available to end users at the discretion of Credentify and its administrators. Bulk Downloads of information may be available if requested by an End User. The information and data supplied is at the sole discretion of Credentify. We reserve the right to control all information stored on Credentify servers.
General Restrictions
1. Credentify controls and operates this Site from its offices within the United States of America. Credentify makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Materials may not be used or exported in violation of U.S. export laws and regulations. Any claim relating to the materials will be governed by the substantive laws of the State of California excluding its choice of law provisions.
2. Although Credentify may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site, Credentify has no obligation to do so. Credentify assumes no responsibility or liability arising from the content of any such communications or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information on the Site. The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is prohibited. Credentify fully cooperates with any law enforcement authorities or court order requesting or directing Credentify to disclose the identity of anyone posting any such information or materials.
3. Specific Prohibited Uses
  The Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
  - Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume.
  - Posting an ad that contains more than one position.
  - Posting an ad for anything other than a bona fide employment position.
  - Contacting a user for any reason other than a bona fide employment position.
  - Deleting or revising any material posted by any other person or entity.
4. Prohibited Actions
  As a condition to your Authorized Use of the Hosted Service, you must use the Hosted Service for lawful purposes only and only as expressly permitted in this Agreement. You agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that Credentify LLC, in its sole and absolute discretion, will determine:
  1. Restrict or inhibit any authorized users from accessing or using the Hosted Service;
  2. Transmit to or introduce at the Hosted Service any viruses intended to damage, interfere with, disrupt, intercept or expropriate the Hosted Service ("Viruses"), or otherwise implement or engage in on-line activities, attacks or actions in a manner that have a disruptive or detrimental effect ("System Attacks");
  3. Use the Hosted Service for any purposes that are unlawful or illegal under any law, regulation or legal requirement or that could give rise to civil or criminal liability or actions against Credentify LLC (or its Suppliers), you or any other third party;
  4. Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary revisions (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); or
  5. Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through the Hosted Service that infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights.
Trademarks and Logos
1. The trademarks, logos and service marks (collectively the "Marks" or "Mark") appearing on the Site are registered and unregistered Marks of Credentify LLC and others. The Site and the information contained therein in no way grant any license or right to use any Mark displayed on the Site unless explicitly granted. User is strictly prohibited from using the Marks displayed on the Site or any other content on the Site, except as provided as part of our services. Credentify LLC will aggressively enforce its intellectual property rights, including thorough criminal prosecution where appropriate.
2. Credentify either owns or has permission to use the images displayed on the Site. All of these images are either the property of, or used with permission by Credentify. All uses of these images are prohibited. Use of the images without authorization may violate certain laws, including but not limited to those relating to copyright, trademark, privacy and publicity.
3. Credentify is a trademarked company and its contents are copyrighted. Use of the Site's content is prohibited except as provided herein, without the written permission of Credentify.
Limitation of Liability
1. IN NO EVENT WILL CREDENTIFY, ITS AFFILIATES, ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER LINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON USERS' INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF CREDENTIFY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Credentify makes no representations whatsoever about any other web site which may be accessed through this Site including users of its Recruiting software.
3. Recognizing that information in products is secured from and processed by fallible sources (human or otherwise) and that neither Credentify nor its suppliers can be either an insurer or a guarantor or the accuracy of the information reported; Requestor releases Credentify and its suppliers and their respective officers, agents, employees and independent contractors from liability for any negligence of third party furnishers of information in connection with erroneous information provided by such third parties.
4. With the exception of sensitive personally identifiable information as discussed in our Privacy Policy, any communication or material sent to Credentify or to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, feedback or the like, is, and will be deemed, non-confidential and non-proprietary. Furthermore, subject to each web site-specific Privacy Policy available as a link on our web site, any communication or material sent to Credentify becomes the property of Credentify and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
5. Access to a non-Credentify web site is independent from Credentify, and Credentify has no control over the content on that web site. In addition, a link to a non-Credentify web site does not mean that Credentify endorses or accepts any responsibility for the content, or the use, of such web site. Credentify also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, computer equipment or other property of Requester arising from, or related to, access to, use of, or browsing in the Site or the downloading of any materials, data, text, images, video, or audio from the Site by User.
6. Although Credentify attempts to include accurate and up-to-date information in the Site, Credentify makes no warranties or representations as to its accuracy or timeliness. Credentify assumes no liability or responsibility for any errors or omissions in the content of the Site. Information on this Site may contain technical inaccuracies or typographical errors. Credentify may change or update information without notice. Credentify may make improvements and/or changes in the products and/or the programs described in this Site at any time without notice.
7. Use of and browsing in the Site are at User's risk. Without limiting the foregoing, everything on the Site is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply.
Security
1. This Web site takes every precaution to protect our user's information. When users submit sensitive information via the Web site, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Firefox and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just surfing. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our user's information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to user information. Finally, the servers that store personally identifiable information are in a secure environment, behind a firewall.
2. Passwords: Upon your registration, Credentify LLC will provide you with (or you will select) a login ID and unique password to access the Hosted Service. You agree to (a) provide true, complete, accurate and current data, as requested in the registration process (and maintain and update such data); (b) prevent unauthorized access or use by you or others by using your password; (c) promptly report any unauthorized use or disclosure of your password or other breach of any Hosted Service security; and (d) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. Credentify LLC reserves the right to suspend, or to refuse any further, access or use of the Hosted Service if Credentify LLC learns or reasonably suspects that your registration information is false or inaccurate, if you refuse to provide complete and updated registration information, or if you misuse or permit another to use your login ID or password who is not authorized to do so or for any other breach of security. You acknowledge and agree that you (and not Credentify LLC) are responsible for maintaining the confidentiality of the password and that you (and not Credentify LLC) are liable for any harm that may result from disclosing (or allowing the disclosure of) your password or other breach of this Agreement.
3. Service Providers: We collaborate with other third parties (government agency, private database agency) to provide specific services. When a user signs up for these particular services, we share names, or other contact information (SSN or Date of Birth) that is necessary for the third party to provide these services. These third parties will not have authority to use personally identifiable information except for the purpose of providing these services.
What We Do With Our Information
Credentify, LLC does not sell, trade, or rent your personal information to others. All information submitted between Employers and Applicants/Individuals using the Credentify site will at no time be shared, or distributed, to any other Credentify user. Any, and All, information transacted between using parties will remain private. Credentify LLC reserves the right to provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifying information. All personally identifiable information, such as social security numbers and birth dates, will be held solely for the use of Credentify.

The above terms and conditions govern all access to and use of this Site. Through User's access of this Site, User accepts, without limitation or alteration, all of the terms and conditions, contained in these Legal Notices.

These Legal Notices are subject to revision at any time by an update to this posting. Such revisions are binding upon any User of this Site. As a result, all Users should routinely visit this page to review the then current Legal Notices to which they are bound.

Creation Date: 11/20/2008; Review Date: 11/20/2008; Revision Date: 11/20/2008