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DocuSign Envelope ID:4F8A5C36-6108-4FB3-9663-6018FD5692BB
<br /> NATIONAL CENTER FOR SAFETY INITIATIVES END-USER AGREEMENT
<br /> Agreement and/or violations of applicable law discovered by Company may result in immediate suspension and/or
<br /> termination of the account,legal action and/or referral to federal or state regulatory agencies.
<br /> Confidentiality
<br /> Neither party shall reveal,publish or otherwise disclose any Confidential Information to any third party without
<br /> the prior written consent of the other party. "Confidential Information"means any and all Proprietary Intellectual
<br /> Property(defined below)or secret data;sales or pricing information relating to either party,its operations,
<br /> employees,products or services;and,all information relating to any customer,potential customer,Agent,and/or
<br /> independent sales outlet. The Parties agree to keep this information confidential at all times during the term of this
<br /> Agreement,and continuing for five years after receipt of any Confidential Information. Notwithstanding anything
<br /> to the contrary herein,in no event shall Company be required to destroy,erase or return any consumer reports or
<br /> applicant data related thereto in Company's files,all of which Company shall maintain as a consumer reporting
<br /> agency in strict accordance with all applicable federal,state,and local laws.
<br /> In connection with Services,End-User may have access to Confidential Information relating to Company's
<br /> intellectual property,including but not necessarily limited to trade secrets,service marks,trademarks,trade names,
<br /> logos,symbols,brand names,software,technology,inventions,processes(that are subject to a patent or otherwise
<br /> pending)collectively"Proprietary Intellectual Property." End-User acknowledges and agrees that Company is the
<br /> sole exclusive owner of all right,title and interest in such Proprietary Intellectual Property and it shall not disclose
<br /> to any third party the nature or details of any such Proprietary Intellectual Property. End-User further agrees that it
<br /> has no right to publish,reproduce,prepare derivative works based upon,distribute,perform or otherwise display
<br /> any of Company's Proprietary Intellectual Property.
<br /> Independent Contractor
<br /> The parties agree that the relationship of the parties created by this Agreement is that of independent contractor
<br /> and not that of employer/employee,principal/agent,partnership,joint venture or representative of the other.
<br /> Except as authorized hereunder,neither party shall represent to third parties that it is the employer,employee,
<br /> principal,agent,joint venture or partner with,or representative of the other party.
<br /> Fees and Payment
<br /> End-User agrees to pay nonrefundable fees and other charges or costs for Company background check services.
<br /> Any charges or costs,including but not limited to surcharges and other fees levied by federal,state,county,other
<br /> governmental agencies,educational institutions,employer verification lines and licensing agencies,incurred by
<br /> Company in servicing End-User,may be passed on to End-User in accordance with the End-User's pricing
<br /> program with the Company. At Company's option,payments not received thirty(30)days after the date of the
<br /> invoice may cause the account to be placed on temporary interruption,with no additional requests being processed
<br /> until the balance due is paid in full or arrangements have been made with Company's Accounts Payable
<br /> Department. Accounts with invoices unpaid thirty(30)days or more will be assessed an interest charge of 1.5%
<br /> per month,as allowed by applicable law. Any concerns regarding invoices or line items must be brought to the
<br /> attention of Company's billing department within thirty(30)days of the date of such invoice. A$25 fee will be
<br /> charged on all returned checks and non-sufficient funds.
<br /> If the account goes to collection,End-User agrees to pay all collection expenses,including reasonable attorneys'
<br /> fees and court costs. End-User agrees that prices for services are subject to change without notice,although
<br /> Company will make every reasonable effort to give notice of such change before it becomes effective. Any
<br /> account that remains inactive for a period of twelve(12)months will be deemed inactive and may be terminated
<br /> by Company
<br /> Warranties,Remedies,and Limitation of Liability
<br /> End-User understands that Company obtains the information reported in its information products from various
<br /> third party sources"AS IS",and therefore is providing the information to End-User"AS IS". Company makes no
<br /> representation or warranty whatsoever,express or implied,including but not limited to,implied warranties of
<br /> merchantability or fitness for particular purpose,or implied warranties arising from the course of dealing or a
<br /> course of performance with respect to the accuracy,validity,or completeness of any information products and/or
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