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This Client Service Agreement (Agreement) by and between File Finders Public Record Research Inc., a California corporation d/b/a File Finders, herein known as File Finders and Client and/or its designated agent(s) shall consist of the following understandings and conditions.
File Finders provides companies and individuals with public record information. This information is obtained from a combination of personal, business, and public record sources, and may include but is not limited to criminal, civil, bankruptcy records, credit and financial information, driving record, real estate information, education, military and employment history. In consideration, File Finders has access to public record information and whereas, Client has a need for public record information and wishes to have File Finders conduct research and/or document retrieval services and whereas, File Finders wishes to supply such services under the terms and conditions set forth herein, the parties agree as follows:

SECURITY AND PROTECTION OF INFORMATION
CLIENT represents and warrants that it will safeguard personal data and account information. CLIENT acknowledges that FILE FINDERS will not be responsible in any manner whatsoever for any disclosure of information obtained through the CLIENT'S failure to safeguard personal data and account information or any improper or misuse of CLIENT'S account for any reason by authorized or unauthorized users. CLIENT specifically agrees to indemnify and hold FILE FINDERS harmless with regard to any claim relating to CLIENT'S failure to safeguard personal data and account information or any improper or misuse of CLIENT'S account for any reason by authorized or unauthorized users.

PROTECTION OF ACCESS CODES AND REPORTS
Client agrees that, upon request, File Finders will grant access to services through the use of a secure Internet connection. If Client is issued an access code to be used for internet access to File Finders’ services, Client shall only publicize the access code to personnel on a need-to-know basis. Client shall identify the Account Administrator and any other employee or agent who will be provided the Access Code and/or log-on or password information. Each User will have his or her own password. Client shall notify File Finders immediately upon any change of the Account Administrator or any person with access to the Access Code and/or log-on or password information. Additionally, Client shall promptly notify File Finders of any change in employment status or other reason to restrict access to any User. Client shall securely store any hard copy of a Report and protect it against release and disclosure to unauthorized personnel or third parties. Client shall be solely liable for any misuse of information by its employees.

CLIENT’S LEGAL COMPLIANCE REQUIREMENTS
Client agrees and warrants that it will comply with all federal, state, and local statutes, regulations, and ordinances governing the use and distribution of information furnished by FILE FINDERS. This includes but is not limited to all provisions of the Fair Credit Reporting Act and if applicable, the Consumer Credit Reporting Agencies Act and the Investigative Consumer Reporting Agencies Act. The Client shall provide any and all affidavits, certifications, and releases that may be reasonably requested in relation to conducting a requested information search.

BILLING TERMS AND CHARGES FOR SERVICES
A. A consumer or business report may be requested by File Finders for Clients requesting invoicing. Upon request, Client will be informed whether any consumer or business report was requested, and if so, the name and address of the consumer reporting agency that furnished the report to File Finders. Subsequent consumer credit reports may be requested or used by File Finders in connection with any update, renewal or extension of credit to CLIENT. Again, upon request, CLIENT will be informed whether any consumer credit report was requested and, if so the name and address of the consumer credit agency that furnished the Report.

B. Client understands and agrees that there are fees for services provided by File Finders. File Finders will charge a fee for each request made by CLIENT in accordance with File Finders most current fee schedule. Furthermore, there are certain out of pocket costs that must be advanced by File Finders, such as, but not limited to fees charged by Federal, State, County and City agencies for copies, certifications, information, etc. Such fees are set by third parties, and are subject to modification with out notice. Court fees, service fees, DMV fees, charges from information brokers or any other pass through fees charged File Finders will be invoiced as adjustments to Client at cost.

C. FILE FINDERS shall invoice CLIENT, setting forth the compensation due FILE FINDERS on a detailed billing report for services rendered or to be rendered. Each itemized statement prepared by File Finders will reflect the name of the individual on whom a report was prepared, services rendered and fees associated with each search. File Finders reserves the right to bill semi-monthly. Client agrees to pay to File Finders the applicable prevailing charge for services rendered on the date of each request, as updated periodically through faxed, mailed, or on-line announcements. All payments are due by due date on the invoice. File Finders accepts payments via check, credit card, debit and ACH payments. File Finders also accepts pre-payment for services to be rendered. At our discretion, Clients with invoices past due by more than fifteen (15) days, may be subject to having their services suspended until all past due and current invoices are paid, including fees. Accounts outstanding over 30 days will incur a late fee of $5.00 per month plus interest at 18% per annum, as provided by California law. Returned checks will incur a $30.00 processing fee. Repeated late payments may result in termination of this agreement.

D. Should Client contact File Finders to cancel any service requested, File Finders will use its best effort to cancel any services; however, if work has already begun or ordered from third parties, such services shall be non-cancelable and invoiced accordingly. Furthermore, if after diligent and reasonable attempts, a search result is non-conclusive, the search fees associated with the request shall still be invoiced and paid.

E. CLIENT will be responsible for paying any and all reasonable collection fees, court costs, attorney fees and interest as necessitated, should the account become delinquent. File Finders reserves the right to report all accounts receivable to Dunn & Bradstreet and/or other credit reporting agencies.

F. File Finders will provide invoices in writing by online transmission, fax, e-mail or US mail. Any request for adjustment of any invoice for any reason whatsoever must be made to File Finders in writing by either online transmission, fax, e-mail or US mail no later than fifteen (15) days from the date of the invoice, or the invoice is considered final and accepted by the client. File Finders reserves the right to change the fees charged upon ten (10) days written notice.

NON-EXCLUSIVITY: NO MINIMUM PAYMENT REQUIREMENTS
Client is under no obligation to purchase any minimum quantity of Services from File Finders or to purchase Services only from File Finders. Client agrees to give File Finders the opportunity to match any future bids or proposals received by other companies in order to maintain the working relationship that has already been established between Client and File Finders. Client also agrees to provide to File Finders written proof of said proposals or bids.

REQUEST AND RESULT TRANSMISSION
CLIENT shall submit all requests for Information to FILE FINDERS in writing via an online program, fax or email. FILE FINDERS shall submit all results to CLIENT in writing via an online program, fax or email. Upon receipt of a request, File Finders shall use its best efforts to provide to Client accurate and complete search results within 24 to 48 hours of the receipt. Client understands there will be delays in completing the delivery of some requests within forty-eight hours due to court closures, court orders, acts or regulations of governmental bodies, document retrieval, document verification, failure of a third party’s performance, inclement weather, any act of God, and other circumstances beyond the control of the File Finders. FILE FINDERS does not guarantee search results within 48 hours; however, Client shall be notified by File Finders of any deviation from the 48-hour agreement with a specific reason for the delay. All requests received after 2:00 P.M. Pacific Time will be considered as received next business day. Should Client require cancellation of a particular service after sending a request but before receiving information, Client agrees to pay for all services in process at time of request to cancel.

REINVESTIGATION OF INFORMATION
In the event of a dispute over the accuracy of information provided by FILE FINDERS, FILE FINDERS shall promptly reinvestigate such claims and provide any necessary corrections without additional cost to CLIENT. In the event such reinvestigation does not reveal inaccuracies, FILE FINDERS reserves the right to invoice CLIENT for the additional research.

LIABILITY LIMITS and WARRANTY
FILE FINDERS recognizes the importance of furnishing accurate Information to CLIENT and will make all reasonable efforts in providing timely and accurate Information through strict policies, procedures, and audits of its employees and independent contractors. CLIENT understands and agrees that any Information furnished pursuant to this Agreement have been created and are maintained and reported by various Federal, State, and county agencies and other third parties which are not under the control of FILE FINDERS. Responsibility for the accuracy of the Information rests solely with said various agencies and other third parties which create, maintain, and report said Information.

THE PRODUCTS AND SERVICES ARE BEING SOLD HEREUNDER "AS IS" AND FILE FINDERS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR SERVICES PROVIDED BY FILE FINDERS PURSUANT TO THIS AGREEMENT, AND FILE FINDERS EXPRESSLY DISCLAIMS WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Client further understands that File Finders will not be held responsible for any errors or omissions in public records source. Therefore, Client agrees to accept all information AS IS WITHOUT WARRANTY EXPRESS OR IMPLIED and to hold harmless File Finders and all third parties from and against any and all claims, suits, or actions of every name, kind, and description arising from or in any way related to use of information by Client (or any third party receiving such information from Client). To that end, both parties agree that the limit of liability to which the Client can hold File Finders liable is the amount of the fee paid by the Client for the specific information in question.

With regard to Public Record information, File Finders, or any of its affiliated associations will accept no liability beyond those outlined in the FCRA, CCRAA, AND ICRAA. The ultimate responsibility for maintaining files rests with the filing officer of the applicable jurisdiction. File Finders does not guarantee, represent or warrant that its services will prevent any loss, that its services may not be circumvented or that its services will in all cases provide the protection or information for which the services were intended. The report provided is valid only for the applicant’s name and DOB and/or social security number listed therein. If the name, social security number and/or DOB which were the subject of this report are changed, even slightly, a new search should be conducted. File Finders will not be deemed negligent if File Finders relies on incorrect, incomplete or inaccurate information provided to it by a court, third party information provider, database or other repository of public information and communicates such information to Client or consumer.

FILE FINDERS AGREES TO ACT IN GOOD FAITH TO FURNISH CLIENT WITH INFORMATION THAT IS DEEMED RELIABLE BASED UPON INFORMATION THAT IS AVAILABLE AT THE TIME OF THE REQUEST. CLIENT ACKNOWLEDGES THE DEPTH OF INFORMATION PROVIDED BY FILE FINDERS VARIES FROM SOURCE TO SOURCE. ALTHOUGH EVERY EFFORT IS MADE TO ASSURE ACCURACY, CLIENT RECOGNIZES THAT INFORMATION IN REPORTS IS SECURED FROM AND PROCESSED BY FALLIBLE SOURCES (HUMAN AND OTHERWISE) AND THAT FOR THE FEES CHARGED, FILE FINDERS NOR ANY OF ITS AFFILIATED COMPANIES OR ASSOCIATIONS, WARRANTS THE COMPLETENESS OR CORRECTNESS OF REPORTS PROVIDED TO CLIENT, AND NONE OF THEM, SHALL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY THE NEGLECT OR OTHER ACT OR FAILURE TO ACT ON THE PART OF ANY SAID ENTITIES OR THEIR AGENTS IN PROCURING, COMPILING, INTERPRETING, REPORTING, COLLECTING, COMMUNICATING OR DELIVERING SUCH INFORMATION. USE OR RELIANCE ON ANY INFORMATION CONTAINED IN REPORTS PROVIDED CLIENT SHALL BE SOLELY AT CLIENT’S RISK AND SHALL CONSTITUTE A WAIVER OF ANY CLAIM AGAINST, AND RELEASE OF, EACH FILE FINDERS AFFILIATED ASSOCIATIONS AND ANY PARTY SUPPLYING INFORMATION TO ANY OF THEM. FILE FINDERS AND CLIENT AGREE THAT UNLESS FILE FINDERS HAS COMMITTED GROSS NEGLIGENCE OR ENGAGED IN INTENTIONAL WRONGDOING IN THE PREPARATION AND TRANSMISSION OF THE REPORT, FILE FINDERS’ AND/OR THIRD PARTY’S AGGREGATED LIABILITY FOR ANY AND ALL LOSSES OR INJURIES TO CLIENT ARISING OUT OF ANY ACT OR OMISSION OF FILE FINDERS AND/OR THIRD PARTY’S IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, SHALL NEVER EXCEED THE COST OF THE SERVICE OR SERVICES TO WHICH A GIVEN CLAIM RELATES CHARGED TO CLIENT, AND CLIENT COVENANTS AND PROMISES THAT IT WILL NOT SUE FILE FINDERS AND/OR THIRD PARTIES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES. CLIENT AGREES THAT FILE FINDERS’ SOLE OBLIGATION AND CLIENT’S EXCLUSIVE REMEDY FOR NONCONFORMITY IN THE SERVICES PROVIDED TO CLIENT SHALL BE, AT FILE FINDERS’ ELECTION, RE-PERFORMANCE OF THE ALLEGEDLY NONCONFORMING ACTIVITY OR REFUNDING TO CLIENT THE AMOUNTS PAID BY CLIENT FOR THE ALLEGEDLY NONCONFORMING ACTIVITY. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT FILE FINDERS OR SUCH THIRD PARTIES ARE DEEMED LIABLE IN ANY MANNER, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE, BOTH FILE FINDERS AND CLIENT HEREBY AGREE THAT THE LIMITATION OF FILE FINDERS’, OR THE THIRD PARTY’S, TOTAL LIABILITY TO CLIENT UNDER THIS AGREEMENT SHALL BE THE RETURN OF THE FEES PAID BY CLIENT TO FILE FINDERS FOR THE DATA PROVIDED TO WHICH A GIVEN CLAIM RELATES. CLIENT AND FILE FINDERS AGREE THAT EACH AND EVERY INDEMNIFICATION PROVISION ARTICULATED ABOVE SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT.

CONTRACT TERMS AND TERMINATION
Once executed, this Agreement shall continue on a month by month basis, unless amended or terminated by either FILE FINDERS or CLIENT upon at least thirty (30) days prior written notice of termination to the other. Notwithstanding the foregoing, either FILE FINDERS or CLIENT may terminate the Agreement immediately upon giving written notice of termination to the other if the other party commits a material breach hereof. Client recognizes and agrees that violation of the Agreement, including misuse of information obtained pursuant to this Agreement, failure to pay for services rendered or violation of any law or regulation shall be cause for immediate termination of this Agreement and will result in cessation of services hereunder. File Finders at its option, may complete any or all services requested as of the time of cancellation or, may notify Client that it will not complete such services. Client shall pay File Finders all amounts owed to File Finders for all searches and services which File Finders has fully performed (including the delivery of all search results and other data) as of the date of termination. Clients who do not use File Finders’ services for a period of one year will be automatically deactivated. At File Finders’ discretion, Clients may reactivate their account, however they must update their client profile and sign a new Service Agreement.

INDEMNIFICATION
By Client: Client agrees, whether or not this Agreement has expired or been terminated that it shall defend, indemnify and hold File Finders harmless from all claims, demands, liability and causes of action, judgments, costs, penalties, fines or interest and attorney’s fees arising out of or relating to any claim concerning the improper use by Client of the data that File Finders supplied to Client or Client’s misuse of File Finders’ services. CLIENT agrees, whether or not this Agreement has expired or been terminated, to assume liability for, and CLIENT hereby agrees to indemnify, defend and save and keep harmless FILE FINDERS, its employees, agents, and representatives, from and against any and all liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in settlement, claims, actions, proceedings, suits, judgments, costs, interest, expenses and disbursements of any kind and nature whatsoever arising under any theory of legal liability (including attorneys fees and costs) that may be imposed on, incurred by or asserted against FILE FINDERS, its employees, agents, or representatives, in any way relating to, resulting from, based upon, or arising out of the services performed or information provided pursuant to this Agreement. Client agrees that it shall be solely responsible for the conduct of its employees and agents and that File Finders shall have no liability to Client’s applicants, employees, clients independent contractors, vendors or the subject of any services provided by File Finders on behalf of Client based upon the provision of services under this Agreement.

By File Finders: File Finders shall indemnify, defend and hold Client and its officers, agents, employees and independent contractors harmless from and against any and all claims, demands, costs, expenses and liabilities of any kind or nature whatsoever, including, without limitation reasonable attorneys’ fees and costs, which may be incurred by Client to a third party based upon the gross negligence or intentional wrongdoing by File Finders in preparing and transmitting the information or report.

INDEPENDENT CONTRACTOR
The relationship created by this agreement is intended to be solely one of independent contracting parties and not of partnership, principal and agent or similar obligation. File Finders shall, at all times, be regarded as an independent contractor and shall at no time act as agent or employee for Client. File Finders may use any employees or subcontractors as File Finders deems necessary to perform the services required of Client by this Agreement. Client will not control, direct, or supervise File Finders employees or subcontractors in the performance of said services. Each of the parties to this Agreement has relied upon its own investigation and judgment in determining to become a party to this Agreement and has not relied upon any representation or promise of the other party that is not reflected in this Agreement.

PROPRIETARY RIGHTS AND CONFIDENTIALITY
Client hereby acknowledges and agrees that File Finders’ methods, means and processes for collecting, decoding, assembling, assessing and conveying its services constitute proprietary information. Client hereby agrees to exercise due and reasonable care in protecting File Finders’ confidential information from unauthorized use or disclosure. File Finders reserves the right to maintain confidentiality of its data acquisition and verification methodology to the extent permitted by law, and may, at its sole discretion, terminate service to any user for violating this section of the agreement. Neither party shall, during the term of this Agreement disclose to the other or use, unless authorized by the disclosing party, any of the disclosing party’s “Confidential Information.” For purpose of this section, “Confidential Information” shall mean all prospect lists, client information, any Client records/information, employee lists, financial data, business plans, business strategies, proprietary software, and any other information of a party disclosed by one party to the other that is designated as confidential by the disclosing party prior to or at the time of disclosure by the disclosing party to the receiving party. Notwithstanding anything to the contrary continued in this Agreement, the receiving party shall not be precluded form (i) the use or disclosure of any Confidential Information which currently is known generally to the public or which subsequently has come into the public domain, other than by way of disclosure in violation of the Agreement: (ii) the use or disclosure of any confidential Information that becomes available to the receiving party on a non-confidential basis form a source other than the disclosing party, provided that such source is not known by the receiving party to have legal obligation prohibiting the disclosure of such information, or (iii) the use or disclosure of any Confidential Information that was developed independently by the receiving party, or (iv) the disclosure of Confidential Information required by law or legal process. Work performed on engagement pursuant to this agreement by File Finders, materials, products and services developed in connection with the Agreement shall be the property of the respective parties performing the work or creating the information. All underlying methodologies, software and process created by File Finders pursuant to this agreement shall remain property of File Finders and shall not become the property of client, except for the data that is returned to Client concerning requested services.

RIGHT TO REFUSE SERVICE
We reserve the right to refuse service to any company or individual with questionable business practices or negative payment histories with any other industry professional. We also reserve the right to conduct a background check including but not limited to a SSN verification or Dunn and Bradstreet report to verify the identity of the company’s owner(s) and reference checks concerning the payment history and overall business relationship with other industry professionals for those clients that wish to be invoiced. By ensuring that we service only "legitimate" and "financially responsible" businesses, we are able to focus on providing quality service without the fear of not getting paid for services rendered. If your company has a less than favorable payment history with other vendors, we will be more than happy to service you as a credit card or pre paid account.

TIME LIMITATION FOR CLAIMS
No claim may be asserted by either party hereto against the other party with respect to any event, act or omission that occurred more than one (1) year prior to such claim being asserted.

ENTIRE AGREEMENT
This Agreement (including all pricing documents, Schedules, Addenda and Exhibits) sets forth the entire understanding and Agreement between File Finders and CLIENT and supersedes any prior or contemporaneous oral or written agreements or representations, except that access to and use of Third Party services may be governed by terms and conditions different than or in addition to those herein. By receipt of Services, CLIENT agrees to, and shall comply with, such different and/or additional terms of Third Parties. Except for terms of Third Parties, modification of this agreement may be made only by written amendment, duly executed by both parties.

WAIVER
Waiver by either party of any breach or default by the other party shall not be deemed a waiver of any future breach or default.

ASSIGNMENT
This Agreement may not be assigned in whole or in party by Client without the express written consent of File Finders, which shall not be unreasonably withheld. Notwithstanding the foregoing, this Agreement shall inure to the benefit of successors or assigns.

GOVERNING LAW
This Agreement is deemed to be made, executed and performed in the State of California. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of California, without reference to principles of conflicts of laws. The parties to this Agreement consent to jurisdiction and venue in the State and Federal courts located in the State of California, County of San Diego.

SEVERABILITY
If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provision or part shall be stricken from this Agreement and such provision or part shall not affect the legality, enforceability, or validity of the remainder of this Agreement. Such stricken provisions shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.

NOTICES
Notice shall be given to the parties at the address set forth in the Client Profile or such other address as should be provided from time to time by like notice. Notice shall be deemed received at the time of personal delivery or transmission by facsimile or by electronic mail (e-mail). Notice shall be deemed received within three (3) days of service by mail if such notice is sent by certified mail, postage prepaid to the address of the party as stated herein.

INTERPRETATION
This Amended Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against either of the Parties.

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

SECTION HEADINGS
The various Section headings are intended only for convenience of reference and shall not affect the meaning or interpretation of this Agreement or any Section thereof.

FORCE MAJUERE
File Finders is not responsible for any events or circumstances beyond its control that prevent us from meeting our obligations, which include but are not limited to, war, riots, embargoes, strikes or Acts of God

ARBITRATION
All disputes in any manner relating to or arising out of this Agreement which the parties cannot resolve themselves shall be resolved first through mediation and second through binding arbitration by a single arbitrator in San Diego, California, under the then current rules of mediation and arbitration of the American Arbitration Association. The decision or award of the arbitrator shall be binding upon the parties, and shall be enforceable by judgment entered in a court having jurisdiction over the party against whom enforcement is sought. All parties shall be responsible for their own costs and attorney's fees regardless of whom the arbitrator deems is the prevailing party. The arbitrator shall have authority to order such remedies and such limited discovery, as the arbitrator deems appropriate.

BINDING EFFECT.
This Agreement shall be binding upon and inured to the benefit of FILE FINDERS and its successors and assigns and CLIENT and its successors and assigns.

By executing this agreement, Client acknowledges and agrees to comply with all terms and conditions set forth above. I certify that I am authorized to execute this Client Agreement on behalf of myself and/or the company listed below.