ACKNOWLEDGMENT, RELEASE, AND
1. Acknowledgments – By signing below, Client acknowledges and agrees that:
a) SELECTiON.COM® and Client have entered into an agreement – SELECTiON.COM® Agreement for Services – under which SELECTiON.COM® will provide background, credit, criminal, and civil records research, screening, and related information to Client (the “Services”);
b) performance of the Services entails and necessitates SELECTiON.COM® gaining access to and using individuals’ social security numbers for search purposes;
c) SELECTiON.COM® has made Client aware of and offered Client the opportunity to avail itself of procedures to conceal and mask individuals’ full social security numbers, showing only the last four digits of that number, which reduces the risks of identity theft and other harms and damages associated with a data breach, hack, other cybersecurity event, or other improper release or dissemination of such information; and
d) Client has been made fully aware of its ability to avail itself of SELECTiON.COM®‘s procedures for concealing or masking social security numbers, has been made aware of the risks and potential harms and damages associated with access to and use of individuals’ full social security numbers and of declining to avail itself of SELECTiON.COM®’s masking services, and hereby voluntarily and knowingly chooses not to avail itself of such services.
2. Hold Harmless, Waiver, and Indemnification. By signing below, Client further acknowledges and agrees that:
a) Client must only use the information gathered and provided by SELECTiON.COM® as a part of the Services for its intended purpose, as outlined in the parties’ SELECTiON.COM® Agreement for Services, and that SELECTiON.COM® cannot warrant or guarantee the control or use of this information, including individuals’ full social security numbers, should it be acquired by someone other than Client;
b) Client agrees that SELECTiON.COM® and any related or affiliated entities shall not be responsible or otherwise liable for damages of any kind or nature which may result from the improper release or dissemination, whether through intentional, negligent, or criminal acts, of the information provided in connection with the Services, including, but not limited to the improper release of individuals’ full social security numbers; and
c) Client expressly agrees to release and hold SELECTiON.COM®, its officers, directors, agents, employees, and personnel acting on behalf of SELECTiON.COM® harmless from any and all claims or liability arising out of the provision of information in connection with the Services, including the provision of full social security numbers pursuant to Client’s request: and
d) Client agrees to indemnify SELECTiON.COM® against any claims, liabilities, damages, or other harms asserted by any individual or entity relating in any way to the Services or the improper release or dissemination of information relating to the services, including individuals’ full social security numbers, whether through intentional acts or negligence, data breach, hack, other cybersecurity event, or any other violation of criminal or civil law. This Agreement to indemnify and hold SELECTiON.COM® harmless includes the obligation to reimburse SELECTiON.COM® for any attorneys’ fees and costs associated with such claims or liabilities.
3. Entire Agreement. With the exception of the SELECTiON.COM® Agreement for Services, this Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein. With the exception of the SELECTiON.COM® Agreement for Services entered into between the parties, there are no promises, terms, conditions, covenants or other obligations other than those contained in this Agreement. This document supersedes and replaces all previous communications, discussions, covenants, representations or agreements, whether oral or written, existing between the parties relating to the specific subject matter herein. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties hereto.
4. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. The parties hereby agree that in the event that a dispute arises between the parties, any cause of action related to such dispute shall be brought in the state or federal courts located in Hamilton, County, Ohio.