HIRER FAQ LLC SERVICE AGREEMENT FOR BACKGROUND SCREENING SERVICES

By registering for a Hirer Faq LLC account, you agree to the following terms of service. Hirer Faq LLC may amend, modify, update or substitute any of the terms of this Agreement at any time, and any such changes shall be effective upon posting to this page.

1. SERVICES PROVIDED:
Hirer Faq LLC agrees to furnish background information (“consumer report”) on job applicants, employees, independent contractors in accordance with the consumer’s instructions, volunteers or prospective tenants, as requested by the Subscriber. Hirer Faq LLC will use its best efforts to deliver the consumer reports requested in an expeditious manner, however, Hirer Faq LLC shall have no obligation or liability to Subscriber for any delay or failure to deliver consumer reports caused by the parties providing data or information to Hirer Faq LLC, or by any other third-party. Hirer Faq LLC, is a federally regulated Consumer Reporting Agency as defined by the Fair Credit Reporting Act for the purpose of providing consumer reports in accordance with all applicable guidelines and confidentiality as stipulated within applicable statutes.

2. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY:
The consumer report prepared by Hirer Faq LLC, is derived from databases and records that have been created and maintained by various government agencies, private companies, and other contributors that are not under the control of Hirer Faq LLC. Responsibility for the accuracy of the information contained in the consumer report and these databases and records rests solely in the contributor. The Subscriber waives any and all claim or claims against Hirer Faq LLC, arising out of or related to the accuracy of the consumer report, including all contributing information sources.

For any company that will use our services for Employment Verifications: Subscriber will indemnify and hold harmless Equifax, Vendor, Supplier or Tax and its affiliated persons and entities from and against any direct and actual loss, cost, liability and expense (including reasonable attorney fees) resulting from subscriber’s breach of this Agreement.

3. PAYMENT REQUIREMENTS/COLLECTION:

Subscriber agrees to pay Hirer Faq LLC, all charges for services rendered to Subscriber. This shall include Hirer Faq LLC service fees plus any government or third-party surcharges / fees required to fulfill orders. If you order a bundled package, containing two or more search types, and you cancel any searches in the package during the order process, you must still pay the agreed-upon package price. If you cancel an a la carte search while it is processing and we have incurred charges for that search before it is complete, you must still pay the agreed-upon price for that search. Packages and pricing will remain unchanged unless our vendors raise the prices they charge us, or we face any government or third-party surcharge/fee increases that are passed on to Hirer Faq LLC. Pricing may also be subject to changes that we might make following internal periodic reviews to improve legal compliance regarding consumer reporting accuracy and fairness, as defined by court rulings, laws, regulations, agency opinions and legal counsel’s advice. We will provide at least 30 days notice before we increase our prices, but third-party surcharge/fee increases that are passed on to us would go into effect immediately. Subscriber agrees to pay all applicable charges within thirty (30) days after receiving a Hirer Faq LLC invoice. If you order a service that we must perform work on and the service is subsequently cancelled at your request, or if you fail to respond to requests for more information in a timely manner, and we must cancel the search, you are still responsible for paying the charges for that search. If you pay via ACH, e-Check, wire transfer or other electronic means, you must send a remittance notice by email to admin@Hirerfaq.com on the date you issue payment. If the remittance notice has not been received within 60 days following the date the invoice was issued, this may result in your account privileges being suspended until we receive the remittance notice. If you pay by credit card, your payment will be subject to a .02% processing fee. We don’t store card info in our system so auto-pay is not an option. If you pay by card, you must login and pay manually each time. All monetary obligations to Hirer Faq LLC for services rendered which are past due fifteen (15) days or more may, at the election of Hirer Faq LLC, bear interest at the rate of fifteen percent 15% per annum. Your account must be secured with a valid credit or debit card. If your invoice becomes 60 days past due, you grant permission to Hirer Faq LLC to charge the card on file for any unpaid balance on the 60th day past due, or any time thereafter. Invalid cards will result in temporary account suspension until the card has been updated. In the event that external collections or legal action is necessary to obtain the payment of any monetary obligations to Hirer Faq LLC, the Subscriber shall be liable to Hirer Faq LLC for all related

collection costs and reasonable attorneys’ fees incurred by Hirer Faq LLC. If Customer disputes any fees, taxes, or other charges billed by Hirer Faq LLC, Customer shall notify Hirer Faq LLC in writing of the disputed amount within thirty (30) business days of date of the invoice and provide all relevant information regarding the basis for the dispute. Hirer Faq LLC shall acknowledge receipt of the disputed information in writing to Customer. All parties agree to work cooperatively to resolve any such disputes. If the Customer fails to provide notice of a dispute as provided herein, such amount is deemed undisputed and due and payable to Hirer Faq LLC. To ensure maximum FCRA compliance regarding accuracy, you agree that we will verify any criminal database hits by ordering the County Criminal Search from the reporting jurisdiction and that you will pay the charges for this search plus any applicable court fees.

4. COMPLIANCE WITH THE FAIR CREDIT REPORTING ACT:
The Fair Credit Reporting Act (FCRA) governs the activities of consumer reporting agencies, as well as the users of the information procured from these agencies. A consumer report contains information on the subject’s character, reputation, and other personal data; therefore, use of such information is strictly regulated by the FCRA. Among other things, the FCRA prohibits those with a permissible purpose from obtaining consumer reports unless they disclose to the subject, in writing, that such a report may be acquired, and obtains the prior written authorization of the subject to obtain this background information. The FCRA also requires employers to take additional steps when they make an employment decision based in whole or part on the background information. These steps are intended to give the applicant the opportunity to dispute any information contained in the consumer report. Hirer Faq LLC urges all employers to review the restrictions and requirements of the FCRA.

We Report Criminal Convictions Only: Our legal counsel has advised us that federal regulations on reporting arrests / warrants / pending charges is very dicey and rife with opportunities for enforcement agency investigations and penalties for us and for our clients. Unless arrests / warrants / pending charges are specifically requested by our clients, we will only report criminal conviction information as allowed by federal, state and local laws and regulations.

Please read this Notice to Users of Consumer Reports to fully understand your obligations.

The FCRA citation is Public Law 91-508, Title 15, U.S.C. Sections 1681, et seq, and the text of the FCRA is available
here: https://hirerfaq.com/compliance/. Please note, particularly, the Permissible Purposes of Reports, as well as requirements on Users of Consumer Reports and Obtaining Information Under False

Pretenses. Unless requested by a client or by government regulation, Hirer Faq LLC reports will cover the previous seven (7) years.

Permissible Purposes: By signing this document, Subscriber certifies that it is requesting Hirer Faq LLC to provide screening services only for the purposes of considering an individual for employment, promotion, reassignment or retention, to serve as an independent contractor in accordance with the consumer’s instructions, to serve as a volunteer, or determining eligibility for tenancy, and for no other purposes.

Applicant’s Authorization Obtained: By signing this document, Subscriber certifies that prior to requesting Hirer Faq LLC to provide screening services for any permissible purpose, it has provided the subject of the report with a clear and conspicuous written disclosure, in a document consisting solely of the disclosure, that a consumer report is being requested for employment, volunteer, independent contractor or tenancy purposes, and it has obtained the written authorization from the subject to obtain a consumer report for any of these purposes.

A standard federal disclosure and authorization form is available at this link:

https://hirerfaq.com/compliance/.

Some states and local jurisdictions have their own disclosure requirements. Subscriber further certifies that prior to requesting Hirer Faq LLC to provide screening services for any permissible purpose, it has provided the subject of the report with a clear and conspicuous written disclosure form, and authorization form, in states or local jurisdictions, where applicable.

Additional state disclosures can be downloaded at this URL below.

https://hirerfaq.com/compliance/

You also agree that you will provide a copy of these federal and state disclosure documents to the consumer upon their request.

Pre-Adverse Action: By signing this document, Subscriber certifies that before taking adverse action (e.g., refusing to hire or any other act that may be considered adverse to the subject’s interest), based in whole or part on information contained in the Hirer Faq LLC consumer report, Subscriber will follow these steps first:

A. Provide the subject with a copy of the consumer report; and

B. Provide the subject with a copy of the FCRA Summary of Rights, in the format approved by the CFPB (A copy of this form may be obtained from Hirer Faq LLC); and

C. Inform the subject that they have 10 business days to dispute any information contained in the consumer report, or to reply to you with an explanation.

Adverse Action: By signing this document, Subscriber certifies that after providing the applicant/employee with the Pre-Adverse Action information contained above, and after it has given the applicant/employee 10 business days to dispute the information or provide an explanation, if the Subscriber will be taking Adverse Action against the applicant, the Subscriber will send the applicant a follow-up notification that the Subscriber is taking adverse action (e.g., denying employment, etc) based on the information contained in the consumer report.

Confidentiality and Legal Use of Information: By signing this document, subscriber certifies that it acknowledges the sensitivity and confidentiality of the information contained in the consumer report and Subscriber agrees that information obtained from a consumer report will not be used in violation of any applicable state or federal equal employment opportunity laws.

Indemnification/Hold Harmless: By signing this document, Subscriber acknowledges that it has read and understands the requirements of the Fair Credit Reporting Act. Subscriber agrees that it will comply with all such requirements and Subscriber agrees that it shall defend, indemnify and hold Hirer Faq LLC, its directors, officers, employees, agents, successors and assigns,

harmless from any and all claims, liability, costs or damages whatsoever arising out of or related to Subscriber’s failure to comply with the requirements of the FCRA, or other federal, state or local laws and regulations that govern the use of consumer reports. Subscriber further agrees that it shall defend, indemnify and hold Hirer Faq LLC, its directors, officers, employees, agents, successors and assigns, harmless from any and all claims, liability or damages whatsoever arising out of or related to the accuracy or use of the services or data provided under this Agreement.

Identity Theft and Fraud Alerts: If a consumer believes they are a victim of identity theft or fraud, please refer them to the major credit bureaus. Contact information for the credit bureaus can be accessed here.

Consumers who believe they are victims of identity theft have certain rights. Information about these rights can be accessed here.

SSN Address Trace Accuracy: If you have a county criminal search or statewide criminal search in your package, with access to more than one county or one state, once our system runs the SSN Address Trace, it automatically runs a county criminal search in the counties where the person has lived and / or a statewide criminal search in the states where the person has lived (based on the addresses revealed from the SSN Address Trace). Information for an SSN Address Trace is provided by a multitude of sources, including credit bureaus, banks, and utility companies. However, the accuracy of the data is only as reliable as the information reported to these sources. In rare situations, data entry errors by creditors at the originating source may result in a name and address of someone who is not your candidate appearing on your candidate’s SSN Address Trace, and this may result in a county criminal search or statewide criminal search being automatically run on that address. We have no control over this. By using our services, you accept that this may happen and you agree to pay for any costs we incur, including court fees, if this happens.

5. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND Hirer Faq LLC CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND Hirer Faq LLC TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON

AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION IN COURT.

5.1 Agreement to Arbitrate

In exchange for the benefits of the speedy, economical, and impartial dispute resolution procedure of arbitration, You and Hirer Faq LLC mutually agree to give up our right to resolve disagreements in a court of law by a judge or jury, and, as described below, agree to binding and final arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq.

You and Hirer Faq LLC agree that this arbitration agreement is governed by the Federal Arbitration Act, and shall survive even after these Terms or any Services terminate.

5.2 Claims Covered by Arbitration

Other than the exceptions in Section 5.4, You and Hirer Faq LLC agree that any disagreement, claim, or controversy arising out of or relating in any way to these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or Your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Services (hereinafter, “Claims”), shall be resolved by final and binding arbitration to the fullest extent allowed by law.

5.3 Delegation to Arbitrator

If there is a disagreement about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), You and Hirer Faq LLC agree that this threshold disagreement shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disagreements.

5.4 Claims Not Covered by Arbitration

This arbitration agreement shall not require arbitration of the following types of claims: (1) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction; and (2) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or

violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

5.5 Class Action Waiver

Except as otherwise required under applicable law, You and Hirer Faq LLC agree to bring and resolve any Claims only on an individual basis, and not as a named- plaintiff or class member in any class or representative proceeding. You and Hirer Faq LLC acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Claims (hereinafter, “Class Action Waiver”). Further, the arbitrator may not consolidate more than one party’s claims and may not preside over any class, consolidated, or representative proceeding, unless you and Hirer Faq LLC agree otherwise in writing.

Notwithstanding any other provision of this arbitration agreement or the American Arbitration Association (“AAA”) Rules, specific disagreements about the scope, applicability, enforceability, revocability or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an

arbitrator. If there is a final determination that the Class Action Waiver is unenforceable as to certain claims brought on a class or representative basis, then those claims shall be severed from any remaining claims and may proceed in court, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to any remaining claims to the fullest extent possible.

5.6 Arbitration Rules, Procedures, and Costs

You and Hirer Faq LLC agree that the arbitration shall be administered by the AAA before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA. The arbitrator will apply the terms of this arbitration agreement and the applicable AAA rules, which are available at www.adr.org or by calling PHONE. If You are an individual person, the arbitrator shall apply the AAA Consumer Arbitration Rules. If You are not an individual person, but are an entity or company, the arbitrator shall apply the AAA Commercial Arbitration Rules.

If You are an individual person and bring a claim solely for monetary relief of $10,000 or less: Hirer Faq LLC will agree to pay for any filing, administrative, or

hearing fees charged by the AAA. If the arbitrator finds that the substance of Your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.

If You are an individual person and bring a claim for monetary relief exceeding $10,000: The AAA Consumer Arbitration Rules will govern payment of administrative or hearing fees charged by the AAA, including limiting Your filing fee to $200. In addition, fee waivers or other forms of cost relief at the arbitrator’s discretion may be available. If the arbitrator finds that the substance of Your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.

If You are not an individual person: The AAA Commercial Arbitration Rules will govern payment of administrative or hearing fees charged by the AAA.

The arbitrator shall have the power to decide any motions, including dispositive or summary judgment motions, brought by any party to the arbitration. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court to resolve the party’s individual claim, including awards of attorney’s fees and costs, in accordance with the law or laws that apply to the Claim. The arbitrator shall provide in writing to the parties the basis for any award or decision. Judgment upon any award rendered in such arbitration will be binding and may be entered in any court with proper jurisdiction.

5.7 Severability

Except for the Class Action Waiver in Section 5.5, if any clause within this arbitration agreement is found to be illegal or unenforceable, that specific clause will be severed from this arbitration agreement, and the remainder of the arbitration agreement will be given full force and effect.

5.8 Opt-out

If you are an individual person, You have the right to opt-out and not be bound by this arbitration agreement by sending written notice to Hirer Faq LLC — clearly indicating your intent to opt out of this arbitration agreement and including the name, phone number, and email address associated with Your account—via email

(support@Hirerfaq.com) or U.S. Mail (Hirer Faq LLC). Your opt-out notice must be sent within 30 days of Your agreement to these Terms. If You do not opt-out of this arbitration agreement within the 30-day period, You and Hirer Faq LLC shall be bound by the terms of this arbitration agreement in full. If You opt-out of this arbitration agreement within the 30-day period, it will not affect any other, previous, or future arbitration agreements that You may have with Hirer Faq LLC.

5.9 Pre-Arbitration Notification and Negotiation Process

Prior to initiating an arbitration, You and Hirer Faq LLC each agree to first attempt to negotiate an informal resolution of any Claims covered in Section 5.2. This pre- arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to Hirer Faq LLC via email (support@Hirerfaq.com) or U.S. Mail (Hirer Faq LLC); Hirer Faq LLC will send such written notice to the email address You have provided to Hirer Faq LLC.

During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.

After a good faith effort to negotiate, if You or Hirer Faq LLC believe a Claim covered in Section 5.2 cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the AAA Rules.

6. ATTORNEYS FEES AND COSTS:
In the event a dispute arises with respect to this Agreement, the party prevailing in such dispute shall be entitled to recover all expenses, including, without limitation, reasonable attorneys’ fees and expenses incurred in ascertaining such party’s rights, and in preparing to enforce, or in enforcing such party’s rights under this Agreement, whether or not it was necessary for such party to institute suit

or submit the dispute to arbitration.

7. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

8. WAIVER:
The failure of either party to insist in any one or more cases upon the strict performance of any term, covenant or condition of this Agreement will not be construed as a waiver of a subsequent breach of the same or any other covenant, term or condition; nor shall any delay or omission by either party to seek a remedy for any breach of this Agreement be deemed a waiver by either party of its remedies or rights with respect to such a breach.

9. SUCCESSORS:
This Agreement shall inure to the benefit of and bind the heirs, personal representatives, successors, and assigns of the parties.

10. CANCELLATION:
Subscriber may cancel their account with Hirer Faq LLC by providing 60 days written notification in advance of the cancellation date. If subscriber wishes to cancel service due to performance concerns, Subscriber shall email the reasons to admin@Hirerfaq.com and give Hirer Faq LLC 30 days to remedy the concerns. Subscriber is obligated and must adhere to the FCRA and/or other federal, state and local laws or regulations governing the use of consumer reports, despite cancellation. Hirer Faq LLC recommends that all Disclosure and Release forms must be kept on file in a secure location for a period of at least five (5) years.

11. PROPRIETARY INFORMATION:
The entire Hirer Faq LLC background checks website, which is accessible via this Uniform Resource Locator (URL), https://hirerfaq.com/compliance/, is proprietary and collectively considered a Trade Secret. This includes all information, images, colors, features, functions and supporting software code.

The Subscriber company agrees that existing, future and former employees or contractors will not share their login credentials to the Hirer Faq LLC background checks site at URL https://hirerfaq.com/compliance/ with any non-subscribers.

The Subscriber company agrees that existing, future and former employees will not attempt to capture or possess any video or images (digital, printed or reconstructed video or images) of the Hirer Faq LLC, background checks website at URL https://hirerfaq.com/compliance/.

The Subscriber company agrees that existing, future and former employees will not show any video or images (digital, printed or reconstructed video or images) of the Hirer Faq LLC background checks website at URL https://hirerfaq.com/compliance/ to any non-subscribers, at any time, for any reason.

A non-subscriber is any third-party who has not received express written authorization from Hirer Faq LLC to access the Hirer Faq LLC, background checks website at URL https://hirerfaq.com/compliance/, including but not limited to, independent contractors, customers, lawyers, investigators, auditors, government employees, or other agents working for or affiliated with other pre-employment screening companies.

If this confidentiality provision is violated by any authorized user of the Subscriber company, the Subscriber company agrees to be financially liable to Hirer Faq LLC for any actual and projected losses plus attorney fees resulting from the violation. This penalty shall be enforceable for as long as the Subscriber company’s users have access to the Hirer Faq LLC background screening system at URL https://hirerfaq.com/compliance/.

By completing a user account and using the Hirer Faq LLC background
checks system at URL https://hirerfaq.com/compliance/, the Subscriber has read and agrees to be legally bound to the terms and conditions of this agreement.

You also authorize us to verify any criminal records obtained from a database search (aka unverified criminal records) by ordering the criminal record on file from the originating court, at full price, including court costs, because no controls exist to ensure the accuracy of criminal database records.

12. SUPPLEMENTAL INFORMATION:

Please see below for important information about our services, compliance, best practices, possible third-party fees and how we address possible errors. Please save this information so you can refer to it from time to time and share it with any colleagues who have a need to know.

13. CHANGE OF TERMS:

We may, at any time, modify these Terms of Service, including our Privacy Policy, with or without notice to the Customer. Any such modification will be effective immediately upon public posting. Your continued use of our Services following any such modification constitutes your acceptance of these modified Terms.