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E-SIGN Act Disclosure and
Consent
("Consent Agreement")
Pursuant to the Federal Electronic Signatures in
Global and National Commerce Act ("E-Sign Act"),
you have a right to receive any disclosures or
notices in a non-electronic form. Before providing electronic signatures or obtaining legally required disclosures and notices electronically, please
review and indicate your acceptance of the terms
below. If you do not accept these terms or do not
agree to the use of electronic disclosures and
signatures, we will provide you with, or make
available to you, any required disclosures on
paper or non-electronic form at no additional
charge to you.
1. Intent to Use Electronic Signatures
By clicking the "I AGREE" button below—which
you hereby adopt as your electronic signature—
you affirmatively consent and agree that you are
signing this Consent Agreement electronically
and your electronic signature on agreements and
documents has the same effect as if you signed
them in ink. You further agree that your
electronic signature is the legal equivalent of your manual signature and will continue to be
throughout the background screening process.
By clicking the "I AGREE" button below, you agree
to the use of electronic signatures, such as your
act of clicking, checking or otherwise manifesting your assent throughout the background
screening process. You further agree that your
use of a key pad, mouse or other device to select
an item, button, icon or similar act/action, or in providing or making any agreement,
acknowledgement, or consent constitutes your
signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed
by you in writing. You also agree that no
certification authority or other third party
verification is necessary to validate your E-
Signature and that the lack of such certification
or third party verification will not in any way
affect the enforceability of your E-Signature or
any resulting contract.
2. Consent to Electronic Disclosures &
Notices
By clicking the "I AGREE" button below, you
consent to the electronic delivery of any
disclosures, agreements, change notices, terms
and conditions and any other documents
throughout the background screening process.
Your consent applies to any disclosures and
notices required to be provided to you in
accordance with Federal or state law or
regulations. You also agree that we do not need
to provide you with additional paper (non-
electronic) copies of the disclosures, agreements, change notices, terms and conditions and any
other documents, unless specifically requested. If
you would like to request additional paper copies
of any of the aforementioned documents, you
may do so at no additional charge to you via
email using the “Contact Us” form on our website
- https://www.verticalscreen.com or by telephone
at 800-***-**** or by postal mail at PO Box 541
Southampton, PA 18966.
3. Withdrawal of Consent to Electronic
Signatures & Electronic Disclosures
You may withdraw your consent to use electronic
signatures or to receive electronic disclosures at any time by contacting us via email using the
“Contact Us” form on our website -
https://www.verticalscreen.com or by telephone
at 800-***-**** or by postal mail at PO Box 541
Southampton, PA 18966. Any withdrawal of your
consent to receive electronic disclosures or to
use electronic signatures will be effective only
after we have a reasonable period of time to
process your withdrawal. However, withdrawing
your consent to this Consent Agreement will
terminate your ability to provide electronic
signatures and to receive disclosures and other
documents electronically. Continuing to provide
electronic signatures after withdrawing consent is reaffirmation of your consent to the use of
electronic signatures under the E-SIGN Act.
4. You Must Keep Your Contact
Information Current
In order for us to be able to provide you with
important notices and other information from
time to time, you must ensure that the contact
information in your online employment screening
profile is current. This includes, but is not limited to, name, address, phone numbers and e-mail or
other electronic addresses. In order to update
your information contact us by phone or e-mail
at 800-***-**** or via email at
aduf8c@r.postjobfree.com.
5. Hardware and Software You Will
Need
To use our online employment screening
processes, Internet Browser software that
supports at least 128-bit encryption, a current
version of a program that accurately reads and
displays PDF files (such as Adobe Acrobat
Reader), a printer if you wish to print out and
retain records, disclosures, etc. on paper, and a
current and valid e-mail address are required.
You are responsible for the installation,
maintenance, and operation of the computer and
browser software that you use for these online
services.
By clicking the "I AGREE" button below, you
acknowledge that you are able to access
information in the electronic form that will be
used to provide the information that is the
subject of this Consent Agreement.
Please indicate your consent to the use of
electronic signatures and your consent to
receiving disclosures and notices electronically by clicking the "I AGREE" button below. By providing
your consent, you are also confirming that you
have the hardware and software described
above, that you are able to provide electronic
signatures, and that you have an active email
account. You are also confirming that you are
authorized to provide this consent.
I AGREE to the use of electronic signatures and to receiving documents and disclosures
electronically.
I DO NOT AGREE to the use of electronic
signatures and to receiving documents and
disclosures electronically. If you select this option, please contact our Help Desk at the following
email/telephone to assist you with a manual,
non-electronic process: 1-833-***-****,
00+1+215+876-6000 x2006 for international
callers or aduf8c@r.postjobfree.com.
TERMS OF SERVICE
THIS TERMS OF SERVICE
AGREEMENT (THIS
“AGREEMENT”) IS BETWEEN
VERTICAL SCREEN, INC.
(“VERTICAL SCREEN”) AND YOU.
1. Use of the Service. Upon acceptance of the
terms of this Agreement and registration as a
user, Vertical Screen will permit you to access and use Vertical Screen’s web-deployed employment
application submission service (the “Service”) by
accessing Vertical Screen’s web site (the “Site”). Except for your limited right to access and use
the Service and the Site, Vertical Screen does not grant you any other right or license, by
implication or otherwise.
2. Information Requested. The Service permits
you to access and complete information for
purposes of completing your background
screening as requested by potential employer(s)
(each, an "Employer"). You acknowledge and
agree that the information requested, including
any statements or questions contained therein,
are the sole responsibility of the applicable
Employer and not of Vertical Screen. Should you
have any questions or concerns regarding the
information requested, you should contact the
applicable Employer.
3. Compliance with Vertical Screen Policies. You
agree to comply with all procedures and policies
that Vertical Screen may establish with respect to the Service and the Site (collectively, the
“Policies”). You are solely responsible for any and all acts and omissions that occur under your
account or password.
4. Acceptable Use. You agree not to use the
Service or the Site to (i) disseminate or transmit unsolicited communications, (ii) disseminate or
transmit material that, to a reasonable person
may be abusive, obscene, pornographic,
defamatory, harassing, grossly offensive, vulgar,
threatening, or malicious, (iii) disseminate or
transmit files, graphics, software, or other
material that actually or potentially infringes the copyright, trademark, patent, trade secret, or
other intellectual property right of any third
party, (iv) create a false identity or to otherwise attempt to mislead any person as to the identity
or origin of any communication, (v) interfere,
disrupt, or attempt to gain unauthorized access
to other accounts on the Service or any other
computer network, (vi) disseminate or transmit
viruses, trojan horses, or any other malicious
code or program, or (vii) engage in any other
activity deemed by Vertical Screen to be an
unacceptable or inappropriate use of the Service
or the Site.
5. Privacy Policy. We have established and
implemented a privacy policy (which may be
modified by Vertical Screen from time to time)
describing, without limitation, what information
we collect and how we use such information. You
may review our current privacy policy by clicking
HERE. By entering into this Agreement, you
acknowledge and agree that you have had the
opportunity to review our privacy policy and that
you consent to our collection of information
consistent with its provisions.
6. Third Party Components. You acknowledge and
agree that use of the Service and the Site require third party equipment and software (collectively,
the “Third Party Components”) that must be
provided by you (e.g. a computer(s), a connection
to the internet, operating system software, and a
web browser -the necessary version of any of the
foregoing to be designated by Vertical Screen
from time to time). VERTICAL SCREEN SHALL
HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD
PARTY WITH RESPECT TO THE THIRD PARTY
COMPONENTS.
7. Support. Vertical Screen will provide you with
its standard support services for similarly
situated users of the Service. Such support
services may include support via the “help” pages
on 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 in
providing the Service and the Site and any other
intellectual property or proprietary rights owned
by or licensed to Vertical Screen. Any rights not
expressly granted to you herein are reserved by
Vertical Screen. You agree not to copy, distribute, rent, lease, loan, modify or create derivative
works, adapt, translate, perform, display (except
as necessary to exercise your rights hereunder),
sublicense, or transfer the Service, the Site, or
any software used by Vertical Screen in providing
the Service. Without limiting the generality of the foregoing, you agree not to offer or permit the
Service or the Site to be used by any third parties nor to attempt to use the Services or the Site in a service bureau capacity. You agree not to reverse
engineer, disassemble, or decompile the Service
or any software used by Vertical Screen in
providing the Service and the Site. You
acknowledge that the Service, the Site, and the
software used by Vertical Screen in providing the
Service and the Site contain Vertical Screen’s
proprietary and confidential information. You
agree to abide by and not remove, obscure, or
modify any proprietary notices accessible
through the use of the Service, the Site, or any
software used by Vertical Screen in providing the
Service or the Site, or appearing on any reports
or downloadable files generated through your
use of the Service or the Site.
9. Term; Termination. The term of this Agreement
shall commence when you click “I AGREE” at the
bottom of this Agreement and shall continue
until terminated in accordance with the
provisions of this Section 9. Either party may
terminate this Agreement for any reason at any
time. Without limiting the generality of the
foregoing, Vertical Screen may immediately
terminate this Agreement, or limit your access to
the Service and the Site, if you (i) fail to comply with any term or condition of this Agreement; (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 third
party, or (iv) attempt to modify the Services or the Site (except as permitted by Vertical Screen for
you to make use of the Services). Sections 2, 8, 9, 12, 13, 14, 15, and 16 and this sentence shall
survive the expiration or termination of this
Agreement for any reason.
10. Warranty by You. You represent and warrant
to Vertical Screen that (i) you are at least 18 years of age, (ii) you shall comply with all terms and
conditions of this Agreement, including, without
limitation, all of the Policies, and (iii) all
information you have provided or may provide to
Vertical Screen in connection with this Agreement
is and shall be, to the best of your knowledge,
complete and accurate.
11. Warranty by Vertical Screen. Vertical Screen
warrants to you that the Service shall be
reasonably available to you, subject to
reasonable downtime for maintenance,
upgrades, testing, and backup. Your sole and
exclusive remedy for a failure of Vertical Screen
to make the Service reasonably available as
described in the previous sentence, and Vertical
Screen’s sole and exclusive obligation, shall be for Vertical Screen to use commercially reasonable
efforts to promptly make the Services reasonably
available.
12. Disclaimers. EXCEPT AS EXPRESSLY SET
FORTH IN SECTION 11, (A) THE SERVICE AND THE
SITE ARE PROVIDED ON AN “AS IS,” “WITH ALL
FAULTS” BASIS, (B) THE ENTIRE RISK AS TO
SATISFACTORY QUALITY AND PERFORMANCE IS
WITH YOU, (C) VERTICAL SCREEN DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, TITLE, NON-
INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY OR FITNESS OF RESULTS,
NON-INTERFERENCE WITH YOUR ENJOYMENT OF
THE SERVICE OR THE SITE, OR OTHERWISE. YOU
ACKNOWLEDGE AND AGREE THAT THE
DESCRIPTIONS OF THE SERVICE AND THE SITE
PROVIDED BY VERTICAL SCREEN, WHETHER
THROUGH THE SITE, BY AN EMPLOYER, OR
OTHERWISE, ARE NOT A PART OF THIS
AGREEMENT.
13. Release. You hereby release and forever
discharge Vertical Screen from any and all claims, demands, and causes of actions arising out of or
relating to any Application (including, without
limitation, any allegation relating to
discriminatory hiring or employment practices) or
the processing of any Application by an
Employer.
14. Indemnity. You agree to defend, indemnify
and hold harmless Vertical Screen and its
directors, officers, employees, agents,
predecessors, successors, parents, subsidiaries,
assigns or affiliates (the “Vertical Screen Parties”) from and against any and all damages, fines,
penalties, costs, and other amounts (including
reasonable attorneys’ fees and expenses)
resulting from claims, demands, or causes of
actions relating to or arising out any information you may provide to an Employer, whether such
information is included in an Application or
otherwise.
15. Limitation of Liability. IN NO EVENT SHALL
ANY OF THE VERTICAL SCREEN PARTIES BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF
DATA, OR BUSINESS INFORMATION AND THE
LIKE), WHETHER IN AN ACTION BASED IN
CONTRACT, TORT OR OTHERWISE, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE SERVICE OR THE SITE, OR
WITH ANY APPLICATION. IN NO EVENT SHALL
VERTICAL SCREEN’S TOTAL LIABILITY TO YOU
UNDER THIS AGREEMENT EXCEED $100. THE
FOREGOING LIMITATIONS OF LIABILITY REFLECT A
DELIBERATE AND BARGAINED FOR ALLOCATION
OF RISKS BETWEEN VERTICAL SCREEN AND YOU
AND ARE INTENDED TO BE INDEPENDENT OF
ANY EXCLUSIVE REMEDIES AVAILABLE UNDER
THIS AGREEMENT, INCLUDING ANY FAILURE OF
SUCH REMEDIES TO ACHIEVE THEIR ESSENTIAL
PURPOSE.
16. Miscellaneous. You shall not assign this
Agreement or any of your rights or obligations
hereunder without the written consent of Vertical
Screen. Vertical Screen shall not be liable for any failure or delay in its performance under the
Agreement (including, without limitation,
provision of the Service) due to any cause beyond
its reasonable control, including act or war, acts of God, earthquake, flood, 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 protocol
packet loss or misrouting, and any internet
connectivity failures. This Agreement is governed
by the laws of the Commonwealth of
Pennsylvania, without regard to its conflict of
laws principles. If any provision of this Agreement is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent
permitted by law (i) the same shall not effect the
other provisions of this Agreement, (ii) such
provision shall be deemed modified to the extent
necessary 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 finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction.
Notwithstanding the foregoing, the Disclaimers of
Warranties in Section 12 and the Limitations of
Liability in Section 15 are considered by the
parties to be integral to this Agreement and shall not be modified or severed from this Agreement.
Vertical Screen’s failure to act with respect to a breach by you or others does not waive Vertical
Screen’s right to act with respect to subsequent
or similar breaches. No waiver of any term of this Agreement will be valid unless in writing and
acknowledged in writing by both parties. This
Agreement contains the entire understanding
between the parties with respect to the subject
matter hereof and supersedes all prior and
contemporaneous agreements and
understandings between the parties with respect
to the subject matter hereof, whether written or
oral.
If you have not already done so, you should print
or save a copy of this Agreement for your future
reference.
To print a copy of this Agreement, click HERE.
To save a copy of this Agreement, click HERE.
BY CLICKING ON THE "I AGREE" BUTTON BELOW,
YOU ACCEPT THIS AGREEMENT AND ASSENT TO
AND AGREE TO BE LEGALLY BOUND BY ITS
TERMS AND CONDITIONS AS IF YOU HAD SIGNED
A HARD COPY VERSION OF IT IN INK. IF YOU
DECLINE THIS AGREEMENT, THEN CLICK ON THE
“I DO NOT AGREE” BUTTON, AND YOU WILL NOT
BE PERMITTED TO ACCESS OR USE THE SERVICE.
You can download the “Consent Agreement” as a
PDF file.
! Consent Agreement.pdf (46 K)
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2001-2022
All rights reserved. Vertical Screen,
Inc.
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