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Unified Master Services Agreement Page 5 | 10 v.13.0 2.2.2022
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<br />or against the other party, or the other party becomes insolvent, or makes an assignment for the benefit of creditors,
<br />or dissolves or liquidates, or terminates its existence.
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<br />5. FCRA Consumer Reports Certifications / Conditions Precedent to Provisions of Services:
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<br />5.1 Client acknowledges that some or all of the products or services being procured or accessed under this
<br />Agreement may constitute or contain "consumer reports," "consumer credit reports," or "investigative consumer
<br />reports" as such terms are defined in FCRA or applicable state or local laws (sometimes collectively referred to herein
<br />as "consumer reports"). Client shall not request or obtain, or permit its employees, agents, contractors, or
<br />representatives to request, access, or obtain consumer reports or other information from Vendor for resale or
<br />unauthorized transfer to any other individual, entity, association, or organization unless specifically authorized by
<br />Vendor or the consumer with respect to whom the consumer report relates. All consumer report s and other information
<br />provided or otherwise made available by Vendor to Client or any other entity, organization, association, or individual
<br />in connection with this Agreement, the products, or services, are current only as of the date provided on the rep ort or
<br />information. All “medical information”, as defined under FCRA (including, without limitation, immunization
<br />records), and any other records, information, or documents uploaded, input, or transmitted to Vendor by Client or any
<br />individual in connection with the products or services provided or made available under this Agreement, are provided,
<br />made available, and stored “AS IS,” and Vendor makes no, and expressly disclaims all, representations and warranties,
<br />express or implied, regarding the completeness, accuracy, or validity of any such records, documents, or information.
<br />Client agrees that Vendor is not responsible or liable to Client or any other individual, entity, or organization for the
<br />record keeping practices of third parties, or errors or omi ssions in the records or information of third parties that are
<br />provided or made available to Client, including, but not limited to, the department of motor vehicles; county, state and
<br />federal courts; state repositories; state and regional prisons; local police stations; federal bankruptcy courts; federal
<br />civil courts; state medical boards; drug testing facilities or specimen collection sites; professional licensing
<br />organizations; and other local, state, and federal organizations and agencies.
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<br />5.2 Client acknowledges that Vendor (a) is not a law firm; (b) is not providing legal advice to Client; (c) does
<br />not guarantee or warrant Client’s compliance with applicable laws regarding Client’s use of the Services , and that it
<br />is Client’s responsibility to consult with its own legal counsel. Vendor may make available to Client sample forms or
<br />other documents which may include, but are not limited to, sample consumer report disclosure forms, sample
<br />consumer report authorizations, and sample pre-adverse and adverse action notices (collectively, “Sample Forms”).
<br />Client acknowledges and agrees that any Sample Forms that are provided or made available by Vendor are only
<br />samples and do not constitute legal advice. Vendor shall have no liability or responsibility regarding Sample Forms.
<br />Vendor expressly disclaims any warranties, representations, or responsibility or damages associated with or arising
<br />out of Sample Forms or any information contained therein.
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<br />5.3 If applicable, Client agrees to abide by all “Ban the Box” laws and other similar laws and regulations
<br />(including, without limitation, any prohibition or restriction on requesting or obtaining salary history information or
<br />criminal history information).
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<br />5.4 Client represents, warrants, and certifies to Vendor that it is obtaining and using consumer reports from
<br />Vendor solely (a) at the written request of the consumer with respect to whom the consumer report relates ; (b) for the
<br />purposes of a legitimate business need for the information in connection with a business transaction that is initiated
<br />by the consumer with respect to whom the consumer report relates; or (c) for employment purposes, which may include
<br />for the consumer’s participation in an educational program with Client or participation in clinical, experiential,
<br />residency, or other education or degree requirements at Client’s facility or a clinical program, which may be deemed
<br />“employment purposes” under FCRA, and for no other purposes. Client sha ll confirm the permissible purpose at the
<br />time of each order.
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<br />5.5 With respect to each consumer report requested, obtained, accessed, or used by Client, Client agrees and
<br />certifies, and shall agree and certify as requested by Vendor, as follows: (a) no information from any consumer report
<br />will be used in violation of, and Client will comply with, any applicable federal, state, or local equal employment
<br />opportunity law or regulation or other applicable law or regulation; (b) Client has made a clear and conspicuous
<br />disclosure in writing to the individual with respect t o whom a consumer report is being procured, before Client
<br />procured or caused to be procured the consumer report or investigative consumer report, in a document that consists
<br />solely of the disclosure, that complies with federal law (and has provided any oth er disclosures required by state or
<br />local law); and (c) the individual with respect to whom the consumer report is being procured authorized in writing
<br />the procurement of the consumer report by Client (including, if applicable, the procurement of immunizat ion records
<br />Docusign Envelope ID: A4CA1836-F4CC-417F-A6B3-95651F565E3A
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