Master Service Agreement - Barada Associates Inc - Employee Background Checks

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WRITTEN, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR A COURSE OF PERFORMANCE WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY SERVICE OR REPORT, INCLUDING BUT NOT LIMITED TO CONSUMER REPORTS AND/OR INVESTIGATIVE CONSUMER REPORTS (AS THAT TERM IS DEFINED IN THE FAIR CREDIT REPORTING ACT). FURTHERMORE, BARADA AND ITS AFFILIATES EXPRESSLY DISCLAIM THAT THE SERVICES OR ANY REPORT PROVIDED TO CLIENT OR ITS END -USERS BY BARADA WILL MEET CLIENT'S OR ITS END -USERS' NEEDS, OR THAT SERVICES OR ANY REPORT WILL BE PROVIDED ON AN UNINTERRUPTED BASIS, AND BARADA AND ITS AFFILIATES EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. Notwithstanding anything contained in this Agreement to the contrary, Barada hereby represents and warrants that it will render the services requested by Client and obtain all necessary information and documents diligently and in accordance with all Applicable Laws (as defined herein). 5. Source of Certain Information Client hereby acknowledges that Barada assembles consumer information from a variety of sources, including without limitation databases maintained by consumer reporting agencies containing information from public records and other sources, governmental databases and repositories, other information databases and repositories, and internal and third -party researchers. Such information sources and resources are not maintained or controlled by Barada. Barada can be neither an insurer nor a guarantor that the information provided from these sources is absolutely accurate, current, error -free or comprehensive in breadth or depth. Notwithstanding the foregoing sentence, Barada agrees to exercise all due diligence to ensure the accuracy of such information and agrees to comply with all Applicable Laws (as defined herein) in obtaining and assembling such information for Client. Barada has in place reasonable procedures designed to respond promptly to claims of incorrect or inaccurate information in accordance with Applicable Laws (as defined herein). s. Use of Barada Websites In addition to all other Client obligations, if Client requests or makes any procurement order for consumer information via any Barada website, Client agrees to abide by any additional conditions that may be imposed to utilize the website, including without limitation: providing any required certifications electronically; providing any required or requested consumer disclosure, authorization, resume, employment or lease/rental application, or other related consumer information electronically; and maintaining strict security protocols, policies, procedures and controls to assure that only authorized users are able to access the Barada system, and only for permissible, proper, legal and authorized purposes. Use of a Barada website also constitutes express agreement to the websites terms and conditions contained therein at the time of each use. Background Check Information Forms An important part of Client's (including Client's end -users) screening program involves compliance with various state and federal laws, which is why Barada makes available certain forms, both electronically and as paper forms, regarding the requirements of the Federal Fair Credit Reporting Act ("FCRA"). Such documents were not created as, nor are they intended to be used as, employment, tenant/rental, or other application forms. Any information, templates and/or forms made available by Barada are not offered as legal advice but are instead offered for informational purposes only. Such information, templates and/or forms are therefore not intended as a substitute for the legal advice of a lawyer knowledgeable regarding the user's individual circumstances or to provide legal advice. Barada makes no assurances regarding the accuracy, completeness, or utility of such information, templates and/or forms. Barada makes no express or implied representations or warranties regarding such information, templates and/or forms, including any warranty of merchantability or fitness for any particular purpose. Legislative, regulatory and/or case law developments regularly impact on general research and the services provided by Barada to Client, and this area is evolving rapidly and frequently changes. Client and/or its end -users (if applicable) are not required to utilize the sample forms or templates provided by Barada. Client (and its end -users if applicable) can modify the forms and templates and the content of such forms and templates, or use their own Barada Master Service Agreement Confidential and Copyright 2017 Barada Associates Inc. Page 3