The undersigned End User, desiring to purchase products and services offered by Application Research Inc. (herein referred to as "ARI"), agrees to furnish information concerning its employees, job applicants, or prospective employees through our secure server and further understands that ARI may, from time to time, request signed authorization from End User's employees, job applicants, or prospective employees. End User warrants that it shall not purchase any reports without a signed authorization from the employee, job applicant, or prospective employee and End User shall maintain the original signed authorization for a period of no less than five (5) years. Furthermore, End User agrees that End User, its employees or agents shall not run unauthorized reports at any time. No reports will be run for any purpose other than employment purposes.
Reports will be requested only for the exclusive use of End User. All information received from ARI will be held in strict confidence except to the extent that disclosure to others is required by law. Reports will be requested only by End User and End User's designated representatives. End User agrees to indemnify, defend and hold ARI, its officers, employees and all its agents harmless on account of any expense or damage resulting from End User's use of information received from ARI, including any action contrary to the requirements of the Fair Credit Reporting Act (Public Law 91-508 or resulting from breach of any of the warranties or representatives made by us as part of this agreement.
ARI cannot insure the accuracy of the information, End User understands and agrees that the accuracy of any information furnished by ARI is not guaranteed by ARI and End User releases ARI, its officers, employees, and all its agents from liability for any negligence in connection with the preparation of such reports and from any loss or expense suffered by us directly from ARI's products, services or reports.
End User acknowledges they have received and reviewed a copy of the "Notice to Users of Consumer Reports: Obligations of Users under the FCRA" and certifies that consumer reports will only be obtained for employment purposes. End User certifies that reports will only be obtained by said End User or their authorized agents for the express purpose of aiding in decision making process for employment purposes. End User warrants that reports will never be ordered or requested for any other purpose.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, OR ANY AMENDMENT OR ADDENDUM, NEITHER ARI, EXPERIAN, TRANSUNION, EQUIFAX OR ANY OTHER PROVIDER OF INFORMATION GUARANTEES OR WARRANTS THE CORRECTIONS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, OR INFORMATION SERVICES PROVIDED. NEITHER ARI, EXPERIAN, EQUIFAX, TRANSUNION NOR ANY OF ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS LICENSORS, AFFILIATED COMPANIES OR AFFILIATED CREDIT BUREAUS WILL BE LIABLE TO END USER, AND END USER RELEASES, ARI, EXPERIAN, EQUIFAX, TRANSUNION AND THE OTHERS, FOR ANY LOSS OR INJURY ARISING OUT OF, OR CAUSED IN WHOLE OR IN PART BY, ACTS OR OMISSIONS, EVEN IF DUE NEGLIGENCE, IN PROCURRING, COMPILING, COLLECTING, INTERPERTING, PROCESSING, REPORTING OR TRANSMITTING ANY INFORMATION OR THE INFORMATION SERVICES. NOT WITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INCLUDING ANY AND ALL FUTURE AMENDMENTS AND ADDENDA, NEITHER PARTY, NOR ANY OF ITS OFFICERS, EMPLOYEES, LICENSORS, AFFILIATED COMPANIES, AFFILIATED CREDIT BUREAUS, INDEPENDENT CONTRACTORS, OR AGENTS WILL BE RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING LOSS PROFITS. END USER WILL INDEMNIFY AND HOLD HARMLESS ARI, EXPERIAN, EQUIFAX, TRANSUNION AND ITS AFFILIATED ENTITIES FROM AND AGAINST ANY DIRECT AND ACTUAL LOSS, COST, LIABILITY AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES.
End User warrants that it will establish internal procedures prohibiting employees of the End User from attempting to obtain reports on themselves, associates, or any other person that is not an employee, job applicant, or prospective employee. End User acknowledges it is responsible for the actions of its employees, staff and agents and is hereby put on notice that Public Law, under Title 18, provides that any person who knowingly and willingly obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $ 5000.00 or imprisoned not more than two years, or both. 91-598 and RCW 19.82.130 provide that any person who knowingly and willingly obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $ 5000.00 or imprisoned not more than one year, or both.
You acknowledge that you have received and reviewed a copy of the "Notice To Users of Consumer Reports: Obligations of Users under the FCRA" (See attachment A - Prescribed Notice of Users Responsibilities]) and you certify that consumer reports will only be obtained by said End User for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.
Each request made for employment purposes will be specifically so designated at the time of the request and FCRA certifications will then be made and is hereby made as follows:
You certify that you have received and reviewed a copy of the "Notice to Furnishers of information: Obligation of Furnishers under the FCRA " and you agree to furnish to ARI, without charge, written, oral or automated information giving the following data:
Written notice by either party will terminate this Agreement, but the obligations and agreements of the undersigned in effect at the time of termination will remain in full force and effect, including the obligation to defend, indemnify and hold ARI harmless and keep confidential the information you receive.
You understand and agree that this service agreement constitutes all agreements and conditions of reporting, present and future, and supersedes all previous agreements and understandings with ARI and applies to all types of reports, including all types of checking services and bulletins. No changes in agreement may be made except by consent in writing of an officer of ARI.
This portion of the agreement applies to information furnished by End User for inclusion in the Transunion owned HAWK File system and to information obtained from Transunions HAWK File.
End User agrees to furnish data which is believed to have been used for fraudulent purposes to Transunion's HAWK File system for as long as it continues to receive information from that system. Such data shall include but not limited to consumer reports names, aliases, social security numbers and addresses (current and former), telephone numbers (business and residential). The End User may also include the addresses of known mail receiving services and prisons.
End User agrees that an application alert message from Transunion's HAWK File System will not be part of the decision making process for granting credit, and that such a message is merely an indication that the application should be totally verified prior to a business decision, unless it is clear that the information supplied by Transunion's HAWK File System may or may not apply to the consumer who has made the application to the End User for credit.