ELITE BACKGROUNDS and Subscriber/User agree as follows:

1. SERVICES AND PERFORMANCE: ELITE BACKGROUNDS collects information from public sources which it provides on a per request basis to subscribers. ELITE BACKGROUNDS does not interpret, alter or amend such information. ELITE BACKGROUNDS agrees to use its best efforts to deliver to Subscriber collected information that relates to a written request or web request for such information by Subscriber.

2. PAYMENT FOR RESPONSES: For each response to a request for information, including a response that there is “no record”, Subscriber agrees to pay ELITE BACKGROUNDS the fee regularly assessed by ELITE BACKGROUNDS for such services. ELITE BACKGROUNDS’s fee for responding to a Subscriber request will be stated in writing and is subject to change at ELITE BACKGROUNDS’s discretion. SUBSCRIBER MUST DELIVER PAYMENT TO ELITE BACKGROUNDS FOR SERVICES RENDERED THROUGH CREDIT CARD AUTHORIZATION AND CHARGES. Invoices not paid within thirty (30) days after the date of the statement are considered past due, and will be assessed a late payment penalty at the rate of 1 ½% per month (18% annual) from the date that such amount became due. Invoices not paid within sixty (60) days after the date of the statement will result in suspension of ELITE BACKGROUNDS services, in addition to the late payment penalty listed above.

3. LIMITATIONS: Subscriber agrees that it will request and use information received from ELITE BACKGROUNDS solely for purposes of employment screening. All such information will be used and maintained by the Subscriber as prescribed by law and disclosed only to those persons whose duties relate to the legitimate business purposes for which the information is requested. Subscriber will not sell or otherwise distribute information received from ELITE BACKGROUNDS to third parties. Subscriber will comply with all federal, state and local statutes, regulations and rules governing the use of any information received under this Agreement, including, but not limited to, the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”). Information will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. If any information provided by ELITE BACKGROUNDS to Subscriber is subsequently restricted, prohibited, sealed or expunged for any reason by federal, state or local law, Subscriber will immediately discontinue use of all such information and, if required by law, will delete such information from Subscriber’s records. Subscriber agrees to obtain written, oral, or electronic consent from the consumer and to maintain records of this consent for as long as required by law. {FCRA § 604(b)(2)}.

4. TERMINATION: User Agreement may be terminated at any time by either party; however, no termination will release Subscriber from obligations arising prior to ELITE BACKGROUNDS’s receipt of Subscriber’s intent to terminate. EliteBackgrounds reserves the right to release current or past user information in the event that EliteBackgrounds believes that: 1) the user is using, or has used the service in violation of the terms and conditions, to commit unlawful acts; 2) if the information is subpoenaed; 3) if EliteBackgrounds is sold or acquired; or 4) as EliteBackgrounds deems it necessary or appropriate.

5. LIMITATION OF LIABILITY: ELITE BACKGROUNDS shall exercise reasonable efforts to furnish to the Subscriber complete and accurate information. ELITE BACKGROUNDS’s liability to Subscriber for any delay or failure to deliver requested information is limited to returning the fees paid by Subscriber to ELITE BACKGROUNDS, but only to the extent such fees relate to services provided by ELITE BACKGROUNDS that caused Subscriber’s injury or loss. ELITE BACKGROUNDS shall not be liable to Subscriber for any other damages, including punitive, exemplary or consequential.

6. INDEMNIFICATION: Subscriber shall indemnify, defend and hold ELITE BACKGROUNDS harmless from any and all costs, expenses and liabilities which may be paid by or assessed against ELITE BACKGROUNDS as a result of Subscriber’s request or use of information furnished to Subscriber by ELITE BACKGROUNDS.

7. CONTRACT IN ENTIRETY: This Agreement sets forth the entire understanding and agreement between ELITE BACKGROUNDS and Subscriber and supersedes any prior or contemporaneous oral or written agreements or representations. This Agreement may be modified only by a written amendment duly executed by both parties.

8. WARRANTY: ELITE BACKGROUNDS warrants that its collection of information is conducted in accordance with all applicable laws and regulations.

9. DISCLAIMER: ELITE BACKGROUNDS does not guarantee or warrant the accuracy or completeness of information provided.