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Candidate's Name
E-SIGN Act Disclosure andConsent("Consent Agreement")Pursuant to the Federal Electronic Signatures inGlobal and National Commerce Act ("E-Sign Act"),you have a right to receive any disclosures ornotices in a non-electronic form. Before providing electronic signatures or obtaining legally required disclosures and notices electronically, pleasereview and indicate your acceptance of the termsbelow. If you do not accept these terms or do notagree to the use of electronic disclosures andsignatures, we will provide you with, or makeavailable to you, any required disclosures onpaper or non-electronic form at no additionalcharge to you.1. Intent to Use Electronic SignaturesBy clCandidate's Name " button belowwhichyou hereby adopt as your electronic signatureyou armatCandidate's Name that you aresCandidate's Name ment electronicallyand your electronCandidate's Name ments anddocuments has the same eect as if you signedthem Candidate's Name that yourelectronic signature is the legal equivalent of your manual signature and will continue to bethroughout the background screening process.By clCandidate's Name
to the use of electronic signatures, such as youract of clicking, checking or otherwise manifesting your assent throughout the backgroundscreenCandidate's Name that youruse of a key pad, mouse or other device to selectan Candidate's Name ment,acknowledgement, or consent constitutes yoursCandidate's Name ment as if actually signedby you Candidate's Name that nocertication authority or other third partyverication is necessary to validate your E-Signature and that the lack of such certicationor third party verication will not in any wayaect the enforceability of your E-Signature orany resulting contract.2. Consent to Electronic Disclosures &NoticesBy clCandidate's Name " button below, youconsent to the electronic delivery of anydCandidate's Name ments, change notices, termsand conditions and any other documentsthroughout the background screening process.Your consent applies to any disclosures andnotices required to be provided to you inaccordance with Federal or state law orregulatCandidate's Name that we do not needto provide you with additional paper (non-electronCandidate's Name ments, change notices, terms and conditions and anyother documents, unless specically requested. Ifyou would like to request additional paper copiesof any of the aforementioned documents, youmay do so at no additional charge to you viaemail using the Contact Us form on our website- https://www.verticalscreen.com or by telephoneat PHONE NUMBER AVAILABLE or by postal mail at PO Box 541Southampton, PA 18966.3. Withdrawal of Consent to ElectronicSignatures & Electronic DisclosuresYou may withdraw your consent to use electronicsignatures or to receive electronic disclosures at any time by contacting us via email using theContact Us form on our website -https://www.verticalscreen.com or by telephoneat PHONE NUMBER AVAILABLE or by postal mail at PO Box 541Southampton, PA 18966. Any withdrawal of yourconsent to receive electronic disclosures or touse electronic signatures will be eective onlyafter we have a reasonable period of time toprocess your withdrawal. However, withdrawingyour consent to thCandidate's Name ment willterminate your ability to provide electronicsignatures and to receive disclosures and otherdocuments electronically. Continuing to provideelectronic signatures after withdrawing consent is rearmation of your consent to the use ofelectronic signatures under the E-SIGN Act.4. You Must Keep Your ContactInformation CurrentIn order for us to be able to provide you withimportant notices and other information fromtime to time, you must ensure that the contactinformation in your online employment screeningprole is current. This includes, but is not limited to, name, address, phone numbers and e-mail orother electronic addresses. In order to updateyour information contact us by phone or e-mailat PHONE NUMBER AVAILABLE or via email atApplicantServicesFollowUp@verticalscreen.com.5. Hardware and Software You WillNeedTo use our online employment screeningprocesses, Internet Browser software thatsupports at least 128-bit encryption, a currentversion of a program that accurately reads anddisplays PDF les (such as Adobe AcrobatReader), a printer if you wish to print out andretain records, disclosures, etc. on paper, and acurrent and valid e-mail address are required.You are responsible for the installation,maintenance, and operation of the computer andbrowser software that you use for these onlineservices.By clCandidate's Name " button below, youacknowledge that you are able to accessinformation in the electronic form that will beused to provide the information that is thesubject of thCandidate's Name ment.Please indicate your consent to the use ofelectronic signatures and your consent toreceCandidate's Name " button below. By providingyour consent, you are also conrming that youhave the hardware and software describedabove, that you are able to provide electronicsignatures, and that you have an active emailaccount. You are also conrming that you areauthorized to provide this consent.Candidate's Name to the use of electronic signatures and to receiving documents and disclosureselectronically.Candidate's Name to the use of electronicsignatures and to receiving documents anddisclosures electronically. If you select this option, please contact our Help Desk at the followingemail/telephone to assist you with a manual,non-electronic process: PHONE NUMBER AVAILABLE,00+1+215+876-6000 x2006 for internationalcallers or Support@verticalscreen.com.TERMS OF SERVICETHIS TERMS OF SERVICEAGREEMENT (THISAGREEMENT) IS BETWEENVERTICAL SCREEN, INC.(VERTICAL SCREEN) AND YOU.1. Use of the Service. Upon acceptance of theterms of thCandidate's Name ment and registration as auser, Vertical Screen will permit you to access and use Vertical Screens web-deployed employmentapplication submission service (the Service) byaccessing Vertical Screens web site (the Site). Except for your limited right to access and usethe Service and the Site, Vertical Screen does not grant you any other right or license, byimplication or otherwise.2. Information Requested. The Service permitsyou to access and complete information forpurposes of completing your backgroundscreening as requested by potential employer(s)(each, an "Employer"). You acknowledge andagree that the information requested, includingany statements or questions contained therein,are the sole responsibility of the applicableEmployer and not of Vertical Screen. Should youhave any questions or concerns regarding theinformation requested, you should contact theapplicable Employer.3. Compliance with Vertical Screen Policies. Youagree to comply with all procedures and policiesthat Vertical Screen may establish with respect to the Service and the Site (collectively, thePolicies). You are solely responsible for any and all acts and omissions that occur under youraccount or password.4. Acceptable Use. You agree not to use theService or the Site to (i) disseminate or transmit unsolicited communications, (ii) disseminate ortransmit material that, to a reasonable personmay be abusive, obscene, pornographic,defamatory, harassing, grossly oensive, vulgar,threatening, or malicious, (iii) disseminate ortransmit les, graphics, software, or othermaterial that actually or potentially infringes the copyright, trademark, patent, trade secret, orother intellectual property right of any thirdparty, (iv) create a false identity or to otherwise attempt to mislead any person as to the identityor origin of any communication, (v) interfere,disrupt, or attempt to gain unauthorized accessto other accounts on the Service or any othercomputer network, (vi) disseminate or transmitviruses, trojan horses, or any other maliciouscode or program, or (vii) engage in any otheractivity deemed by Vertical Screen to be anunacceptable or inappropriate use of the Serviceor the Site.5. Privacy Policy. We have established andimplemented a privacy policy (which may bemodied by Vertical Screen from time to time)describing, without limitation, what informationwe collect and how we use such information. Youmay review our current privacy policy by clickingHERE. By enterCandidate's Name ment, youacknowledge and agree that you have had theopportunity to review our privacy policy and thatyou consent to our collection of informationconsistent with its provisions.6. Third Party Components. You acknowledge andagree that use of the Service and the Site require third party equipment and software (collectively,the Third Party Components) that must beprovided by you (e.g. a computer(s), a connectionto the internet, operating system software, and aweb browser -the necessary version of any of theforegoing to be designated by Vertical Screenfrom time to time). VERTICAL SCREEN SHALLHAVE NO RESPONSIBILITY TO YOU OR ANY THIRDPARTY WITH RESPECT TO THE THIRD PARTYCOMPONENTS.7. Support. Vertical Screen will provide you withits standard support services for similarlysituated users of the Service. Such supportservices may include support via the help pageson the Site or by e-mail response.8. Reservations. Vertical Screen retains all right, title, and interest in and to the Service, the Site, and any software used by Vertical Screen inproviding the Service and the Site and any otherintellectual property or proprietary rights ownedby or licensed to Vertical Screen. Any rights notexpressly granted to you herein are reserved byVertCandidate's Name not to copy, distribute, rent, lease, loan, modify or create derivativeworks, adapt, translate, perform, display (exceptas necessary to exercise your rights hereunder),sublicense, or transfer the Service, the Site, orany software used by Vertical Screen in providingthe ServCandidate's Name not to oer or permit theServCandidate's Name not to reverseengineer, disassemble, or decompile the Serviceor any software used by Vertical Screen inproviding the Service and the Site. Youacknowledge that the Service, the Site, and thesoftware used by Vertical Screen in providing theService and the Site contain Vertical Screensproprietary and condential information. Youagree to abide by and not remove, obscure, ormodify any proprietary notices accessiblethrough the use of the Service, the Site, or anysoftware used by Vertical Screen in providing theService or the Site, or appearing on any reportsor downloadable les generated through youruse of the Service or the Site.9. Term; TermCandidate's Name mentshall commence when you clCandidate's Name at thebottom of thCandidate's Name ment and shall continueuntil terminated in accordance with theprovisions of this Section 9. Either party maytermCandidate's Name ment for any reason at anytime. Without limiting the generality of theforegoing, Vertical Screen may immediatelytermCandidate's Name ment, or limit your access tothe ServCandidate's Name ment; (ii) use or attempt to use the Service or the Site in a manner that violates any Policy, (iii) transfer,distribute, or disclose the Services or the Site(including your user ID or password) to a thirdparty, or (iv) attempt to modify the Services or the Site (except as permitted by Vertical Screen foryou to make use of the Services). Sections 2, 8, 9, 12, 13, 14, 15, and 16 and this sentence shallsurvive the expiration or termination of thisAgreement for any reason.10. Warranty by You. You represent and warrantto Vertical Screen that (i) you are at least 18 years of age, (ii) you shall comply with all terms andcondCandidate's Name ment, including, withoutlimitation, all of the Policies, and (iii) allinformation you have provided or may provide toVertCandidate's Name mentis and shall be, to the best of your knowledge,complete and accurate.11. Warranty by Vertical Screen. Vertical Screenwarrants to you that the Service shall bereasonably available to you, subject toreasonable downtime for maintenance,upgrades, testing, and backup. Your sole andexclusive remedy for a failure of Vertical Screento make the Service reasonably available asdescribed in the previous sentence, and VerticalScreens sole and exclusive obligation, shall be for Vertical Screen to use commercially reasonableeorts to promptly make the Services reasonablyavailable.12. Disclaimers. EXCEPT AS EXPRESSLY SETFORTH IN SECTION 11, (A) THE SERVICE AND THESITE ARE PROVIDED ON AN AS IS, WITH ALLFAULTS BASIS, (B) THE ENTIRE RISK AS TOSATISFACTORY QUALITY AND PERFORMANCE ISWITH YOU, (C) VERTICAL SCREEN DISCLAIMS ALLWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING, WITHOUT LIMITATION, WARRANTIESOF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULARPURPOSE, ACCURACY OR FITNESS OF RESULTS,NON-INTERFERENCE WITH YOUR ENJOYMENT OFTHE SERVICE OR THE SITE, OR OTHERWISE. YOUACKNOWLEDGE AND AGREE THAT THEDESCRIPTIONS OF THE SERVICE AND THE SITEPROVIDED BY VERTICAL SCREEN, WHETHERTHROUGH THE SITE, BY AN EMPLOYER, OROTHERWISE, ARE NOT A PART OF THISAGREEMENT.13. Release. You hereby release and foreverdischarge Vertical Screen from any and all claims, demands, and causes of actions arising out of orrelating to any Application (including, withoutlimitation, any allegation relating todiscriminatory hiring or employment practices) orthe processing of any Application by anEmployer.14. Candidate's Name to defend, indemnifyand hold harmless Vertical Screen and itsdirectors, ocers, employees, agents,predecessors, successors, parents, subsidiaries,assigns or aliates (the Vertical Screen Parties) from and against any and all damages, nes,penalties, costs, and other amounts (includingreasonable attorneys fees and expenses)resulting from claims, demands, or causes ofactions relating to or arising out any information you may provide to an Employer, whether suchinformation is included in an Application orotherwise.15. Limitation of Liability. IN NO EVENT SHALLANY OF THE VERTICAL SCREEN PARTIES BE LIABLEFOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, OR EXEMPLARY DAMAGES(INCLUDING DAMAGES FOR LOSS OF BUSINESSPROFITS, BUSINESS INTERRUPTION, LOSS OFDATA, OR BUSINESS INFORMATION AND THELIKE), WHETHER IN AN ACTION BASED INCONTRACT, TORT OR OTHERWISE, ARISING OUTOF OR IN CONNECTION WITH THE USE ORPERFORMANCE OF THE SERVICE OR THE SITE, ORWITH ANY APPLICATION. IN NO EVENT SHALLVERTICAL SCREENS TOTAL LIABILITY TO YOUUNDER THCandidate's Name MENT EXCEED $100. THEFOREGOING LIMITATIONS OF LIABILITY REFLECT ADELIBERATE AND BARGAINED FOR ALLOCATIONOF RISKS BETWEEN VERTICAL SCREEN AND YOUAND ARE INTENDED TO BE INDEPENDENT OFANY EXCLUSIVE REMEDIES AVAILABLE UNDERTHCandidate's Name MENT, INCLUDING ANY FAILURE OFSUCH REMEDIES TO ACHIEVE THEIR ESSENTIALPURPOSE.16. Miscellaneous. You shall not assign thisAgreement or any of your rights or obligationshereunder without the written consent of VerticalScreen. Vertical Screen shall not be liable for any failure or delay in its performance under theAgreement (including, without limitation,provision of the Service) due to any cause beyondits reasonable control, including act or war, acts of God, earthquake, ood, embargo, riot,sabotage, labor shortage or dispute,governmental act, acts of third parties, failures of third party software or equipment (including,without limitation, Third Party Components),power or electrical failures, internet protocolpacket loss or misrouting, and any internetconnectCandidate's Name ment is governedby the laws of the Commonwealth ofPennsylvania, without regard to its conict oflaws prCandidate's Name ment is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extentpermitted by law (i) the same shall not eect theother provCandidate's Name ment, (ii) suchprovision shall be deemed modied to the extentnecessary to render such provision enforceable,and the rights and obligations of the parties shall be construed and enforced accordingly,preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such nding of invalidity, illegality, or unenforceability shall not aect the validity, legality, or enforceability of such provision in any other jurisdiction.Notwithstanding the foregoing, the Disclaimers ofWarranties in Section 12 and the Limitations ofLiability in Section 15 are considered by thepartCandidate's Name ment.Vertical Screens failure to act with respect to a breach by you or others does not waive VerticalScreens right to act with respect to subsequentor sCandidate's Name ment will be valid unless in writing andacknowledged in writing by both parties. ThisAgreement contains the entire understandingbetween the parties with respect to the subjectmatter hereof and supersedes all prior andcontemporaneous agreements andunderstandings between the parties with respectto the subject matter hereof, whether written ororal.If you have not already done so, you should printor save a copy of thCandidate's Name ment for your futurereference.To prCandidate's Name ment, click HERE.To save a copy of thCandidate's Name ment, click HERE.BY CLCandidate's Name " BUTTON BELOW,YOU ACCEPT THCandidate's Name MENT AND ASSENT TOAND AGREE TO BE LEGALLY BOUND BY ITSTERMS AND CONDITIONS AS IF YOU HAD SIGNEDA HARD COPY VERSION OF IT IN INK. IF YOUDECLCandidate's Name MENT, THEN CLICK ON THECandidate's Name BUTTON, AND YOU WILL NOTBE PERMITTED TO ACCESS OR USE THE SERVICE.You can download the Consent Agreement as aPDF le.! Consent Agreement.pdf (46 K)1Read andaccept rules2Create Account3VerifyAccountFeedbackPrivacy PolicyCopyrightTerms of ServiceSMS Terms and Conditions"2001-2022All rights reserved. Vertical Screen,Inc.# |