PreVerify Terms and Conditions

I. CONSENT FOR ELECTRONIC DISCLOSURES

A. Introduction

In using the PreVerify.com, the PreVerify Job Board ("Job Board"), and the hiring.preverify.com Web Sites (the "Sites"), you are submitting certain personal information so that PreVerify LLC ("PreVerify") can allow people and companies you designate access to your verified employment history and personal recommendations. PreVerify will provide your employment history and personal recommendations only to those people and companies you explicitly authorize to view them, including prospective employers and others who post jobs to which you apply through the Sites. In order for us to communicate with you electronically, we must obtain your consent.

B. Your Consent

You agree to communicate with PreVerify electronically. This means that you agree to receive all notices, any documents, and communications and to submit all information, such as details regarding your employment history and personal recommendations in an electronic format, either directly on these Sites or through e-mail. All information regarding your employment history, your personal recommendations, your permissions, and your account will be available through the Sites. You may obtain access to those documents by logging into your PreVerify account.

C. Paper Copies

If you wish to obtain a paper copy of any document provided to you electronically, you may request a copy by sending us an e-mail request or by calling us at the telephone number provided on the Sites. Please be advised that PreVerify may charge you a fee to prepare and mail to you a printed copy of any document. Please also remember that you may always print copies of documents from the Sites at no cost to you.

D. Withdrawal of Consent

PreVerify provides its services to its customers solely over the Internet. Therefore, if you withdraw your consent to communicate with PreVerify electronically, you must also close your PreVerify account and terminate your relationship with PreVerify. Prior to any such termination, you will have an opportunity to print out copies of any documents you wish to maintain.

E. Hardware/Software Requirements

To access and retain the documents contained on the Sites, you will need to use the following computer software and hardware:

• Internet access with 128-bit encryption

• Adobe Acrobat Reader 6 or higher

• Internet Explorer 6 or higher, or equivalent software

• E-mail access

• Hardware capable of running the software

F. Changes to Your Contact Information

You agree to keep us informed of your current contact information, including your email address. You may advise us of changes in your contact information by updating the "My Details" page in your PreVerify account, or by contacting PreVerify customer support at the number listed on the Sites.

BY USING THE SITES, YOU AGREE TO CONDUCT ALL COMMUNICATIONS WITH PREVERIFY LLC OVER THE INTERNET, EITHER THROUGH THE SITES OR THROUGH EMAIL. YOU ALSO ACKNOWLEDGE THAT YOU CAN ACCESS THE ELECTRONIC DOCUMENTS ON THE SITES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.

II. TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SITES.

The Terms of Use set forth below form the Terms of Use ("Terms") for the Sites. By using the Sites and/or by clicking on a box that states that you agree to these Terms, you signify your agreement to these Terms and acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged, including your use of the Sites.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITES, ANY SERVICES OFFERED THROUGH THE SITES OR ANY MATERIALS (AS DEFINED BELOW).

A. Protected Materials

All of the text, information, trademarks, trade dress, features, images, displays, content, functions, processes, software, the compilation of the Sites and other materials that make up or are contained on the Sites ("Material") is the proprietary intellectual property of PreVerify and its' licensors. The Materials are protected by U.S. and foreign patent, copyright, trademark and other laws. Except for the revocable and limited access right discussed below, PreVerify expressly reserves all other rights in and to the Materials, the Sites and the services offered through the Site.

B. Site Changes and Operation

PreVerify reserves the right to discontinue, change and/or modify the Sites, the services offered through the Sites and the Materials at any time, in any way, for any or no reason.

C. Limited Purpose; Rules of Conduct

If, and only if, you agree to, and are in full compliance with, the Terms, PreVerify authorizes you to view and access a single copy of the publicly available pages on the Sites solely for your personal use. In addition, the Sites, the Material and the services offered through the Sites are made available for the limited purpose of allowing people who are at least 18 years old to participate in PreVerify's employment history and personal recommendation pre-verification services and Job Board. Any other use, duplication, distribution or other exploitation of the Sites, the services offered through the Sites, the Materials or any portion thereof by any user, including, without limitation, any prospective employer or candidate, is strictly prohibited. Without limiting the foregoing, in no event may any user directly or indirectly:

(1) republish, post, upload, frame, retransmit, redistribute, modify, remove any intellectual property or similar notices or otherwise reproduce the Sites, the services offered through the Sites or any Materials in any format to anyone in any way (other than the download to your personal computer that is inherent in viewing a web page);

(2) access, attempt to access, or obtain any information regarding other users (including, without limitation, any other user's employment history or personal recommendations, account or personally identifiable information);

(3) allow anyone else to use or access your name, account or password;

(4) link to the Sites without PreVerify's prior written permission;

(5) deep-link to any page or portion of the Sites;

(6) use any robot, spider or other data mining or other automatic device, program, or similar process or means to access, acquire, copy or monitor the Sites, another user, the Materials or any portion thereof, or in any way circumvent the navigational structure or presentation of the Sites or any Materials;

(7) breach or attempt to breach the security or authentication measures on the Sites or any network or database connected to the Sites;

(8) collect any information related to any users of the Sites, the PreVerify services or other Material from the Sites for the benefit of any other entity or person or share this information with any other person or entity;

(9) decompile, reverse engineer, disassemble or otherwise reduce any software code for the Sites to a human-readable form;

(10) make any automated high-volume or other use of the Sites for re-mailing, spamming or other purposes;

(11) use the Sites, the services offered through the Sites or the Material in violation of any applicable law, rule or regulation;

(12) use the Sites to offer to sell or advertise any products or services;

(13) submit any data, content or other material that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites, the Materials or any connected network or database, or otherwise interferes with any person or entity's use or enjoyment of the Sites;

(14) submit any data, content or other material in violation of any applicable law or regulation, that violates or infringes upon the patent, trademark, copyright, trade secret, privacy, publicity or other rights of any third party;

(15) submit any data, content or other material that is false, misleading, deceptive, defamatory, obscene, indecent, threatening, abusive, offensive, harassing, or hateful; or

(16) pretend to be another person or entity or misrepresent your identity, sponsorship, or affiliation with any such third party, including using a third party's username, password, personally identifiable or other account information.

You also agree to maintain the confidentiality of your account and other information and to promptly notify us if you become aware of any third party use of your account or other information relating to the Sites or the services offered through the Sites. You are responsible for all acts, omissions, statements and other uses of your account and other information on the Sites and the related services.

We cannot and do not assure that other users are or will comply with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and PreVerify, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

D. Additional Terms for Employers or Recruiters

If you are an employer or recruiter seeking candidates for employment, you agree to assume sole and complete responsibility for the content of any and all Job Board postings submitted by you, and any and all consequences that may arise from any and all such postings. All job postings must contain true, accurate, and complete information, and shall relate to genuine and specific job openings that were available at the time of posting. Furthermore, you agree not to:

(1) engage in spamming, flooding, soliciting, or mass marketing via e-mail or any other method to PreVerify job seekers;

(2) post jobs or content on the Job Board that contains hyperlinks, keywords, or hidden keywords that are not directly related to the job or are otherwise deceptive;

(3) post or provide links to advertisements, solicitations, chain letters, pyramid schemes, “club memberships,” investment opportunities, or engage in other unsolicited commercial communication, unless expressly permitted in writing by PreVerify; or

(4) include content that violates federal, state, or local laws, including, but not limited to, laws relating to equal employment opportunity and employment eligibility.

By submitting a job posting, you grant PreVerify an irrevocable, worldwide, non-exclusive, royalty free license to reproduce, modify, publish, transmit, and distribute such content throughout the Sites, and also for the purpose of promoting the Sites' services. In addition, by posting any content to the Job Board you also grant any job seeker or other user the rights to access, view, store, and replicate such content for personal use.

You acknowledge that PreVerify does not screen or independently verify the identity, background, resume, or other information submitted by candidates. Therefore, we cannot guarantee nor assume responsibility for the truth, accuracy, or reliability of any such content. Any contact, recruitment, retention, or hire of any candidate is done so at your own risk, and you assume sole responsibility for any and all consequences arising out of such actions and agree that under no circumstances will PreVerify be liable in any way for any loss or damage of any kind incurred as a result of using the Job Board.

E. Additional Terms for Job Seekers

If you are a job seeker or other user accessing the Job Board, you understand that all job postings are created by third parties, and that PreVerify does not have control over any and all information contained in any and all such postings (including links to external websites). PreVerify does not screen job postings, and therefore assumes no responsibility for the truth, accuracy, or content of any job posting or external website linked to in such posting. By viewing and/or applying to job postings, you assume sole responsibility for any and all consequences arising out of such actions and agree that under no circumstances will PreVerify be liable in any way for any loss or damage of any kind incurred as a result of using the Job Board.

By applying to a job posting, you understand that your personal information and resume may be viewed, stored, modified, or reproduced by third party users of the Job Board. You acknowledge that PreVerify cannot and does not assume any liability for the alteration or misuse of any information transmitted by you through the Job Board. Please read the Privacy Policy for additional information regarding your privacy.

F. Submissions, Removal and Disclosure

PreVerify reserves the right, but disclaims any obligation or responsibility, to refuse to post or remove any information provided by a user that violates these Terms and to identify any user to third parties, and/or disclose to third parties any such submission, account or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including the Sites. Moreover, PreVerify retains all rights to remove submissions at any time for any reason or no reason whatsoever.

In addition, we do not want, accept and/or consider any suggestions, inventions, modifications, improvements, concepts, ideas or other information regarding the Sites, the Materials or the services offered through the Sites ("Ideas"). If you send us any such unsolicited Idea by any means, however, you hereby agree that PreVerify has no obligation to protect or keep the idea confidential for you or any other person or entity, that the Idea and all intellectual property and other rights in and to the Idea shall be the sole and exclusive property of PreVerify and that PreVerify shall have the unlimited and unrestricted right to use, develop and otherwise exploit the Idea in all forms, formats, manners and forever throughout the world for any purpose whatsoever, commercial or otherwise, without notice, compensation and/or approval to or from you or any other person or entity.

G. Links, Jobs and Other Third Party Materials and Actions

You should be aware that when you are on the Sites, there may be links to other sites that take you outside of our service to sites that are beyond our control, such as prospective employer sites for candidates. You acknowledge that when you click on any of these links, the sites you are taken to are not controlled by PreVerify and that we are not responsible for such sites.

In addition, PreVerify does not endorse and cannot ensure that you will be satisfied with any products or services, including any employment history verifications, personal recommendations, or Job Board services offered by a third-party in connection with the Sites. PreVerify does not control and is not responsible for the acts, omissions, statements and/or other conduct of either prospective employers, users or others. You are solely responsible for making whatever investigation you feel necessary or appropriate before communicating with any third party or proceeding with any transaction with a third party.

H. Disclaimers

THE SITES, THE SERVICES OFFERED THROUGH THE SITES AND THE MATERIALS ON OR OTHERWISE RELATED IN ANY WAY TO THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PREVERIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT RELATED TO THE SITES, THE SERVICES OFFERED THROUGH THE SITES AND THE MATERIALS ON OR OTHERWISE RELATED IN ANY WAY TO THE SITES.

PREVERIFY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE SERVICES OFFERED THROUGH THE SITES OR ANY MATERIALS WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO ANY SUCH ISSUE.

FURTHERMORE, PREVERIFY DOES NOT MAKE ANY REPRESENTATION AND IS NOT RESPONSIBLE FOR ANY ACTS, OMMISSION, INFORMATION OR STATEMENTS PROVIDED BY ANY USER OF THE SITES (INCLUDING ANY EMPLOYER) AND RELIANCE ON ANY INTERACTION WITH OR INFORMATION FROM ANY SUCH THIRD PARTY IS STRICTLY AT YOUR OWN RISK. WITHOUT LIMITING THE RELEASES AND OTHER LIMITATIONS CONTAINED IN THESE TERMS, IF YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY YOU HEREBY RELEASE PREVERIFY AND/OR OUR LICENSORS OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS, FROM ALL CLAIMS, DEMANDS AND/OR DAMAGES OF EVERY KIND OR NATURE (KNOWN OR UNKNOWN) ARISING FROM OR RELATED TO SUCH DISPUTES.

I. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold PreVerify and our licensors and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Sites, the services offered through the Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. PreVerify reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

J. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PREVERIFY OR OUR LICENSORS OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES OFFERED THROUGH THE SITES OR THE MATERIALS, EVEN IF PREVERIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PREVERIFY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL PREVERIFY BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND ITS REASONABLE CONTROL.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

K. Jurisdiction and Venue

You agree that any action at law or in equity arising out of or relating to these terms of use or the Sites shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Sites are not intended for viewing and use outside the United States and PreVerify makes no representation that the Sites, the services offered through the Sites or Material on the Sites is appropriate or available for use in any particular location within the United States. Your use of or access to the Sites shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than California. If you choose to access and use the Sites and related services you do so on your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.

L. Entire Agreement; Amendment

These Terms (including the Privacy Policy and Consent for Electronic Disclosures) constitute the entire agreement between you and PreVerify related to the matters set forth herein, including the Sites, the services offered through the Sites, the Material and your use thereof. At any time, PreVerify may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). You should visit this page periodically to review the most current Terms because they are binding on you.

M. General

These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. In these Terms, the word "including" is used illustratively, as if followed by the words "but not limited to."