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Original 2026-02-21
Modified 2026-02-28
1 <p>These Checkr Terms and Conditions for the integration to WorkBright, together with any applicable Order Forms (collectively, the “<b>Agreement</b>”)<b></b>is an agreement between Checkr Group, Inc. (“<b>Checkr</b>”) and you or the entity you represent (“<b>Customer</b>”, “<b>You</b>” or “<b>Your</b>”) and sets forth the terms and conditions related to the products and services offered by ALL4STAFF, PBC, DBA WORKBRIGHT (“<b>WorkBright</b>”) via the Checkr Integration to WorkBright. This Agreement takes effect when You click the “Continue” button or check the box presented with these terms or, if earlier, when You use any of the offerings described herein (the “<b>Effective Date</b>”). You represent to us that You are lawfully able to enter into this Agreement (e.g., You are not a minor). If You are entering into this Agreement for an entity, such as the company You work for, You represent to us that You have legal authority to bind that entity. By accessing the Checkr Integration to WorkBright and any<b></b>WorkBright Products (defined below), You are agreeing to be bound by this Agreement.</p>
1 <p>These Checkr Terms and Conditions for the integration to WorkBright, together with any applicable Order Forms (collectively, the “<b>Agreement</b>”)<b></b>is an agreement between Checkr Group, Inc. (“<b>Checkr</b>”) and you or the entity you represent (“<b>Customer</b>”, “<b>You</b>” or “<b>Your</b>”) and sets forth the terms and conditions related to the products and services offered by ALL4STAFF, PBC, DBA WORKBRIGHT (“<b>WorkBright</b>”) via the Checkr Integration to WorkBright. This Agreement takes effect when You click the “Continue” button or check the box presented with these terms or, if earlier, when You use any of the offerings described herein (the “<b>Effective Date</b>”). You represent to us that You are lawfully able to enter into this Agreement (e.g., You are not a minor). If You are entering into this Agreement for an entity, such as the company You work for, You represent to us that You have legal authority to bind that entity. By accessing the Checkr Integration to WorkBright and any<b></b>WorkBright Products (defined below), You are agreeing to be bound by this Agreement.</p>
2 <p>This Agreement incorporates by reference and shall be governed by the terms and conditions of either: (1) the Master Services Agreement that governs the relationship between You and Checkr; or (2) if no such agreement exists or can be located, the Services Agreement located at<a>https://checkr.com/customer-agreement</a>(the applicable agreement referred to as the<b>“MSA”</b>).<b>By accessing the WorkBright Products, You represent that You are a current Checkr customer and have previously executed the MSA</b>. Capitalized terms not otherwise defined in this Agreement shall have the meanings ascribed to them in the MSA and the Data Protection Addendum (“<b>DPA</b>”).</p>
2 <p>This Agreement incorporates by reference and shall be governed by the terms and conditions of either: (1) the Master Services Agreement that governs the relationship between You and Checkr; or (2) if no such agreement exists or can be located, the Services Agreement located at<a>https://checkr.com/customer-agreement</a>(the applicable agreement referred to as the<b>“MSA”</b>).<b>By accessing the WorkBright Products, You represent that You are a current Checkr customer and have previously executed the MSA</b>. Capitalized terms not otherwise defined in this Agreement shall have the meanings ascribed to them in the MSA and the Data Protection Addendum (“<b>DPA</b>”).</p>
3 <h2>1. Definitions</h2>
3 <h2>1. Definitions</h2>
4 <p><b>“Checkr Integration to WorkBright</b>” means the integration connected dashboard to access WorkBright for status information only.</p>
4 <p><b>“Checkr Integration to WorkBright</b>” means the integration connected dashboard to access WorkBright for status information only.</p>
5 <p><b>“E-Verify</b>”<b></b>means the web-based system through which employers electronically confirm the employment eligibility of their employees, administered by the Department of Homeland Security ("<b>DHS</b>") in partnership with the Social Security Administration (“<b>SSA</b>”).</p>
5 <p><b>“E-Verify</b>”<b></b>means the web-based system through which employers electronically confirm the employment eligibility of their employees, administered by the Department of Homeland Security ("<b>DHS</b>") in partnership with the Social Security Administration (“<b>SSA</b>”).</p>
6 <p>“<b>I-9 Data</b>” means the data (including, without limitation, Personal Data) which You authorize Checkr to Process for the purpose of completing I-9 Forms in accordance with Your instructions. For the avoidance of doubt, Checkr is the Processor of I-9 Data for the purpose of completing I-9 Forms and You are the Controller for this processing purpose. </p>
6 <p>“<b>I-9 Data</b>” means the data (including, without limitation, Personal Data) which You authorize Checkr to Process for the purpose of completing I-9 Forms in accordance with Your instructions. For the avoidance of doubt, Checkr is the Processor of I-9 Data for the purpose of completing I-9 Forms and You are the Controller for this processing purpose. </p>
7 <p><b>“I-9 Form(s)</b>” means the DHS U.S. Citizenship and Immigration Services (“<b>USCIS</b>”) Employment Eligibility Verification Form(s).</p>
7 <p><b>“I-9 Form(s)</b>” means the DHS U.S. Citizenship and Immigration Services (“<b>USCIS</b>”) Employment Eligibility Verification Form(s).</p>
8 <p><b>“I-9 Laws</b>”<b></b>means<b></b>federal immigration laws, statutes, rules, codes, orders and regulations, including, without limitation the Immigration Reform and Control Act of 1986 (“<b>IRCA</b>”), the Immigration and Nationality Act (“<b>INA</b>”), 8 CFR §274A, and the provisions added to the INA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 as amended, and any successor statutes thereto, 8 U.S.C. § 1324b, Unfair Immigration-related Employment Practices (together with associated regulations, agency and administrative rulings), as well as 75 FR 42575-42579 or “<b>Electronic I-9 Regulations</b>.”</p>
8 <p><b>“I-9 Laws</b>”<b></b>means<b></b>federal immigration laws, statutes, rules, codes, orders and regulations, including, without limitation the Immigration Reform and Control Act of 1986 (“<b>IRCA</b>”), the Immigration and Nationality Act (“<b>INA</b>”), 8 CFR §274A, and the provisions added to the INA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 as amended, and any successor statutes thereto, 8 U.S.C. § 1324b, Unfair Immigration-related Employment Practices (together with associated regulations, agency and administrative rulings), as well as 75 FR 42575-42579 or “<b>Electronic I-9 Regulations</b>.”</p>
9 <p>“<b>WorkBright Products</b>” means the employment eligibility verification products and services provided by WorkBright.</p>
9 <p>“<b>WorkBright Products</b>” means the employment eligibility verification products and services provided by WorkBright.</p>
10 <p><b>“WorkBright System</b>” means the internet-based software and related interfaces provided by WorkBright for employment eligibility verification products and services that are accessible through an integration with Checkr.</p>
10 <p><b>“WorkBright System</b>” means the internet-based software and related interfaces provided by WorkBright for employment eligibility verification products and services that are accessible through an integration with Checkr.</p>
11 <p><b>“WorkBright Supplemental Terms</b>”<b></b>means the WorkBright terms and conditions set forth at:<a>WorkBright Supplemental Terms</a>. By using the WorkBright Products, You are agreeing to be bound by the WorkBright Supplemental Terms.</p>
11 <p><b>“WorkBright Supplemental Terms</b>”<b></b>means the WorkBright terms and conditions set forth at:<a>WorkBright Supplemental Terms</a>. By using the WorkBright Products, You are agreeing to be bound by the WorkBright Supplemental Terms.</p>
12 <p><b>“Order Form</b>” means one or more documents between You and Checkr that may be issued pursuant to this Agreement specifying, among other things, the WorkBright Products that You are authorized to access via Checkr.</p>
12 <p><b>“Order Form</b>” means one or more documents between You and Checkr that may be issued pursuant to this Agreement specifying, among other things, the WorkBright Products that You are authorized to access via Checkr.</p>
13 <h2>2. Incorporation by Reference</h2>
13 <h2>2. Incorporation by Reference</h2>
14 <p>Checkr’s<a>Privacy Policy</a>,<a>DPA</a>and<a>Terms of Service</a>apply to You and Your use of the Checkr Integration to WorkBright. Notwithstanding the foregoing, You agree that, to the extent You Process Personal Data as a Controller for a particular processing purpose (including, without limitation, Processing the I-9 Data for the purpose of completing I-9 Forms), Your privacy policy governs such Processing and You are solely responsible for ensuring compliance with Your privacy policy. You further agree that You are the Controller of the I-9 Data for the processing purpose of completing I-9 Forms and that You are solely responsible for all Controller obligations under applicable Data Protection Laws, including but not limited to those outlined in the DPA.</p>
14 <p>Checkr’s<a>Privacy Policy</a>,<a>DPA</a>and<a>Terms of Service</a>apply to You and Your use of the Checkr Integration to WorkBright. Notwithstanding the foregoing, You agree that, to the extent You Process Personal Data as a Controller for a particular processing purpose (including, without limitation, Processing the I-9 Data for the purpose of completing I-9 Forms), Your privacy policy governs such Processing and You are solely responsible for ensuring compliance with Your privacy policy. You further agree that You are the Controller of the I-9 Data for the processing purpose of completing I-9 Forms and that You are solely responsible for all Controller obligations under applicable Data Protection Laws, including but not limited to those outlined in the DPA.</p>
15 <h2>3. Use of the Checkr Integration to WorkBright</h2>
15 <h2>3. Use of the Checkr Integration to WorkBright</h2>
16 <p>Your use of any I-9 or related E-Verify services made available to You via the Checkr Integration to WorkBright are provided solely by WorkBright. Checkr is not the provider of I-9 or related E-Verify services and only makes those services available to You via the Checkr Integration to WorkBright for Your convenience. Your access to and use of the WorkBright Products and WorkBright System is subject to the terms of this Agreement and the WorkBright Supplemental Terms. To the extent that You elect to use or access the E-Verify services in connection with the Checkr Integration to WorkBright, You acknowledge and agree that any enrollment in, use of, or access to E‑Verify is governed by a separate agreement (including any memorandum of understanding, terms of use, or other required documentation) entered into solely between You (and/or WorkBright, as applicable) and DHS, USCIS, or the applicable governmental agency . You agree that Checkr is not a party to, does not assume any obligations under, and is not responsible for Your compliance with any such E‑Verify agreement or requirements.</p>
16 <p>Your use of any I-9 or related E-Verify services made available to You via the Checkr Integration to WorkBright are provided solely by WorkBright. Checkr is not the provider of I-9 or related E-Verify services and only makes those services available to You via the Checkr Integration to WorkBright for Your convenience. Your access to and use of the WorkBright Products and WorkBright System is subject to the terms of this Agreement and the WorkBright Supplemental Terms. To the extent that You elect to use or access the E-Verify services in connection with the Checkr Integration to WorkBright, You acknowledge and agree that any enrollment in, use of, or access to E‑Verify is governed by a separate agreement (including any memorandum of understanding, terms of use, or other required documentation) entered into solely between You (and/or WorkBright, as applicable) and DHS, USCIS, or the applicable governmental agency . You agree that Checkr is not a party to, does not assume any obligations under, and is not responsible for Your compliance with any such E‑Verify agreement or requirements.</p>
17 <p>Unless otherwise stated in this Agreement, WorkBright is solely responsible for the performance, support, maintenance, and availability of the WorkBright Products and WorkBright System, including all related deliverables and service levels. Checkr makes no warranties and assumes no liability with respect to the WorkBright Products and WorkBright System. Any claims, disputes, or requests for support relating to the WorkBright Products and WorkBright System must be directed to WorkBright. For clarity, Checkr’s obligations under this Agreement apply only to the Checkr Hosted Platform and any Checkr services expressly described in the MSA and/or applicable Order Form(s).</p>
17 <p>Unless otherwise stated in this Agreement, WorkBright is solely responsible for the performance, support, maintenance, and availability of the WorkBright Products and WorkBright System, including all related deliverables and service levels. Checkr makes no warranties and assumes no liability with respect to the WorkBright Products and WorkBright System. Any claims, disputes, or requests for support relating to the WorkBright Products and WorkBright System must be directed to WorkBright. For clarity, Checkr’s obligations under this Agreement apply only to the Checkr Hosted Platform and any Checkr services expressly described in the MSA and/or applicable Order Form(s).</p>
18 <h2>4. Third Party Services</h2>
18 <h2>4. Third Party Services</h2>
19 <p>The WorkBright Products provided hereunder are deemed to be “Third Party Services” as defined in the MSA. In the event of a conflict between the MSA and this Agreement, this Agreement shall prevail with respect to Your use of the WorkBright Products.</p>
19 <p>The WorkBright Products provided hereunder are deemed to be “Third Party Services” as defined in the MSA. In the event of a conflict between the MSA and this Agreement, this Agreement shall prevail with respect to Your use of the WorkBright Products.</p>
20 <h2>5. Compliance with Laws</h2>
20 <h2>5. Compliance with Laws</h2>
21 <p>You are solely responsible for complying with all applicable laws, rules, guidance and regulations promulgated by DHS, including the USCIS and Immigration and Customs Enforcement (“<b>ICE</b>”), the Department of Justice’s (“<b>DOJ</b>”) Immigrant and Employee Rights Section (“<b>IER</b>”) and any other governmental agency regarding (i) the completion, amendment, correction and storage of I-9 Forms, (ii) E-Verify, if applicable, including posting notices of participation in E-Verify and participating in WorkBright E-Verify training, (iii) the accuracy, compliance and proper handling of any I-9 Data shared between Checkr and the WorkBright System, (iv) the input, transfer, import, migration or upload of historical, archived digital or digitized paper l-9 Forms and I-9 Data to the WorkBright System, and (v) any anti-discrimination related guidance, regulations, provisions and laws.</p>
21 <p>You are solely responsible for complying with all applicable laws, rules, guidance and regulations promulgated by DHS, including the USCIS and Immigration and Customs Enforcement (“<b>ICE</b>”), the Department of Justice’s (“<b>DOJ</b>”) Immigrant and Employee Rights Section (“<b>IER</b>”) and any other governmental agency regarding (i) the completion, amendment, correction and storage of I-9 Forms, (ii) E-Verify, if applicable, including posting notices of participation in E-Verify and participating in WorkBright E-Verify training, (iii) the accuracy, compliance and proper handling of any I-9 Data shared between Checkr and the WorkBright System, (iv) the input, transfer, import, migration or upload of historical, archived digital or digitized paper l-9 Forms and I-9 Data to the WorkBright System, and (v) any anti-discrimination related guidance, regulations, provisions and laws.</p>
22 <p>You acknowledge and agree that Checkr bears no responsibility or liability whatsoever for any failure or alleged failure to comply with the completion, correction, reverification, amendment, retention and storage rules related to the I-9 Forms. In order to ensure Your compliance with I-9 Laws, You should (i) consult Your own legal counsel about Your use of the Checkr Integration to WorkBright and WorkBright Products; (ii) periodically audit and review the WorkBright System and the I- 9 Forms created through Your use of the WorkBright System; and (iii) run applicable reports to ensure that You are timely completing the I-9 Forms and addressing any open E-Verify queries (if applicable), as well as timely completing reverifications and updates.</p>
22 <p>You acknowledge and agree that Checkr bears no responsibility or liability whatsoever for any failure or alleged failure to comply with the completion, correction, reverification, amendment, retention and storage rules related to the I-9 Forms. In order to ensure Your compliance with I-9 Laws, You should (i) consult Your own legal counsel about Your use of the Checkr Integration to WorkBright and WorkBright Products; (ii) periodically audit and review the WorkBright System and the I- 9 Forms created through Your use of the WorkBright System; and (iii) run applicable reports to ensure that You are timely completing the I-9 Forms and addressing any open E-Verify queries (if applicable), as well as timely completing reverifications and updates.</p>
23 <p>You should also have Your own legal counsel review the WorkBright System for compliance with DHS recordkeeping standards for the generation and storage of electronic I-9 Forms at 8 CFR 274a.2(e)-(i) and all related sections as amended by 75 FR 42575-42579 (“<b>Electronic I-9 Regulations</b>”).</p>
23 <p>You should also have Your own legal counsel review the WorkBright System for compliance with DHS recordkeeping standards for the generation and storage of electronic I-9 Forms at 8 CFR 274a.2(e)-(i) and all related sections as amended by 75 FR 42575-42579 (“<b>Electronic I-9 Regulations</b>”).</p>
24 <p>You are solely responsible for the accuracy, compliance, security, quality, integrity, reliability and use of the I-9 Data shared or otherwise provided to WorkBright, including, but not limited to, historical I-9 Data; I-9 Forms; and any and all attachments, documents, notes or records related to the I-9 Forms, whether uploaded, migrated, imported or inputted into the WorkBright System by You, WorkBright or Checkr. It is at Your sole discretion to elect to upload, migrate, import or input any I-9 Data into the WorkBright System. You represent and warrant that You have obtained all necessary consents for Processing the I-9 Data and have sole responsibility for any consents for such Processing, including, but not limited to, the transmission or sharing of I-9 Data from Checkr to the WorkBright System. If You determine that You are exempt from obtaining any consent requirements for Processing the I-9 Data, You represent and warrant that You have sole responsibility for establishing such exemptions.</p>
24 <p>You are solely responsible for the accuracy, compliance, security, quality, integrity, reliability and use of the I-9 Data shared or otherwise provided to WorkBright, including, but not limited to, historical I-9 Data; I-9 Forms; and any and all attachments, documents, notes or records related to the I-9 Forms, whether uploaded, migrated, imported or inputted into the WorkBright System by You, WorkBright or Checkr. It is at Your sole discretion to elect to upload, migrate, import or input any I-9 Data into the WorkBright System. You represent and warrant that You have obtained all necessary consents for Processing the I-9 Data and have sole responsibility for any consents for such Processing, including, but not limited to, the transmission or sharing of I-9 Data from Checkr to the WorkBright System. If You determine that You are exempt from obtaining any consent requirements for Processing the I-9 Data, You represent and warrant that You have sole responsibility for establishing such exemptions.</p>
25 <p>You authorize Checkr to Process Your I-9 Data for the purpose of completing I-9 Forms. Such Processing includes, without limitation, providing initial data for any I-9 Form fields and otherwise sharing with WorkBright Your I-9 Data, including but not limited to, consumer name, Social Security Number, date of birth, phone number, email address, work start date, as well as, Your legal company name, and work location.</p>
25 <p>You authorize Checkr to Process Your I-9 Data for the purpose of completing I-9 Forms. Such Processing includes, without limitation, providing initial data for any I-9 Form fields and otherwise sharing with WorkBright Your I-9 Data, including but not limited to, consumer name, Social Security Number, date of birth, phone number, email address, work start date, as well as, Your legal company name, and work location.</p>
26 <h2>6. Fees and Payment</h2>
26 <h2>6. Fees and Payment</h2>
27 <p>Fees and payment terms for the WorkBright Products will be in accordance with the terms of the MSA and/or the applicable Order Form.</p>
27 <p>Fees and payment terms for the WorkBright Products will be in accordance with the terms of the MSA and/or the applicable Order Form.</p>
28 <h2>7. Term and Termination</h2>
28 <h2>7. Term and Termination</h2>
29 <p>Checkr may suspend or limit Your access to or use of the Checkr Integration to WorkBright, WorkBright Products or WorkBright System at any time if: (i) You do not timely pay all fees due; (ii) in the sole discretion of Checkr such action is necessary to prevent material errors or harm, or to limit Checkr’s liability; or (iii) You attempt to access or use the Checkr Integration to WorkBright, WorkBright Products or WorkBright System in an unauthorized or unlawful manner.</p>
29 <p>Checkr may suspend or limit Your access to or use of the Checkr Integration to WorkBright, WorkBright Products or WorkBright System at any time if: (i) You do not timely pay all fees due; (ii) in the sole discretion of Checkr such action is necessary to prevent material errors or harm, or to limit Checkr’s liability; or (iii) You attempt to access or use the Checkr Integration to WorkBright, WorkBright Products or WorkBright System in an unauthorized or unlawful manner.</p>
30 <p>Checkr may terminate Your access to the Checkr Integration to WorkBright immediately upon written notice if (i) Checkr reasonably believes that You have violated applicable law in Your use of the Checkr Integration to WorkBright, WorkBright Products or WorkBright System; or (ii) a material change in existing legal requirements adversely affects this Agreement.</p>
30 <p>Checkr may terminate Your access to the Checkr Integration to WorkBright immediately upon written notice if (i) Checkr reasonably believes that You have violated applicable law in Your use of the Checkr Integration to WorkBright, WorkBright Products or WorkBright System; or (ii) a material change in existing legal requirements adversely affects this Agreement.</p>
31 <h2>8. Effect of Termination</h2>
31 <h2>8. Effect of Termination</h2>
32 <p>Upon thirty (30) days after termination of this Agreement or the MSA, all unpaid fees and invoices shall be due. You are responsible for all fees and payments of any services during the transition period post termination. You are solely responsible for record retention requirements related to the I-9 Forms or any WorkBright Products following termination of this Agreement. You solely are responsible for transferring data from WorkBright, including paying any fees associated with export or transfer services.</p>
32 <p>Upon thirty (30) days after termination of this Agreement or the MSA, all unpaid fees and invoices shall be due. You are responsible for all fees and payments of any services during the transition period post termination. You are solely responsible for record retention requirements related to the I-9 Forms or any WorkBright Products following termination of this Agreement. You solely are responsible for transferring data from WorkBright, including paying any fees associated with export or transfer services.</p>
33 <h2>9. No Warranty</h2>
33 <h2>9. No Warranty</h2>
34 <p>CHECKR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE CHECKR INTEGRATION TO WORKBRIGHT, WORKBRIGHT PRODUCTS, OR WORKBRIGHT SYSTEM OR THAT (A) THE USE OF THE CHECKR INTEGRATION TO WORKBRIGHT WILL BE UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, OR (B) THE CHECKR INTEGRATION TO WORKBRIGHT INCLUDING ANY OTHER SERVICES PROVIDED BY CHECKR WITH RESPECT TO I-9 AND/OR E-VERIFY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THE CHECKR INTEGRATION TO WORKBRIGHT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CHECKR.</p>
34 <p>CHECKR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE CHECKR INTEGRATION TO WORKBRIGHT, WORKBRIGHT PRODUCTS, OR WORKBRIGHT SYSTEM OR THAT (A) THE USE OF THE CHECKR INTEGRATION TO WORKBRIGHT WILL BE UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, OR (B) THE CHECKR INTEGRATION TO WORKBRIGHT INCLUDING ANY OTHER SERVICES PROVIDED BY CHECKR WITH RESPECT TO I-9 AND/OR E-VERIFY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THE CHECKR INTEGRATION TO WORKBRIGHT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CHECKR.</p>
35 <h2>10. Indemnification</h2>
35 <h2>10. Indemnification</h2>
36 <p>You agree to defend, indemnify and hold harmless Checkr, and its subsidiaries, affiliates, partners, licensors, directors, officers, employees, and agents (the<b>“Indemnified Parties”</b>) for any damages, losses, judgments, costs, or expenses, including reasonable attorneys’ fees, arising from any third party claim, action, or demand (collectively<b>“Claims”</b>) arising out of or relating to: (a) Your use of the Checkr Integration to WorkBright or any WorkBright Products; (b) Your violation of any law, rule or regulation; (c) Your breach of any covenants, representations or warranties of this Agreement; or (d) the willful or malicious conduct by You or Your employees. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from Your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action You takes that imposes an unreasonable burden or load on Checkr or its infrastructure.</p>
36 <p>You agree to defend, indemnify and hold harmless Checkr, and its subsidiaries, affiliates, partners, licensors, directors, officers, employees, and agents (the<b>“Indemnified Parties”</b>) for any damages, losses, judgments, costs, or expenses, including reasonable attorneys’ fees, arising from any third party claim, action, or demand (collectively<b>“Claims”</b>) arising out of or relating to: (a) Your use of the Checkr Integration to WorkBright or any WorkBright Products; (b) Your violation of any law, rule or regulation; (c) Your breach of any covenants, representations or warranties of this Agreement; or (d) the willful or malicious conduct by You or Your employees. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from Your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action You takes that imposes an unreasonable burden or load on Checkr or its infrastructure.</p>
37 <h2>11. Not Legal Advice</h2>
37 <h2>11. Not Legal Advice</h2>
38 <p>ANY ADVICE, TRAINING OR INFORMATION WHETHER WRITTEN OR ORAL THAT IS GIVEN BY CHECKR OR WORKBRIGHT IN THE COURSE OF OFFERING THE WORKBRIGHT PRODUCTS IS FOR INFORMATIONAL PURPOSES, IS NOT INTENDED AS LEGAL ADVICE FOR ANY PURPOSE WHATSOEVER, AND SHOULD NOT BE CONSIDERED AS LEGAL ADVICE OR A LEGAL OPINION. USE OF THE CHECKR INTEGRATION TO WORKBRIGHT OR WORKBRIGHT PRODUCTS DOES NOT CREATE, AND ARE NOT INTENDED TO CREATE, ANY ATTORNEY CLIENT RELATIONSHIP.</p>
38 <p>ANY ADVICE, TRAINING OR INFORMATION WHETHER WRITTEN OR ORAL THAT IS GIVEN BY CHECKR OR WORKBRIGHT IN THE COURSE OF OFFERING THE WORKBRIGHT PRODUCTS IS FOR INFORMATIONAL PURPOSES, IS NOT INTENDED AS LEGAL ADVICE FOR ANY PURPOSE WHATSOEVER, AND SHOULD NOT BE CONSIDERED AS LEGAL ADVICE OR A LEGAL OPINION. USE OF THE CHECKR INTEGRATION TO WORKBRIGHT OR WORKBRIGHT PRODUCTS DOES NOT CREATE, AND ARE NOT INTENDED TO CREATE, ANY ATTORNEY CLIENT RELATIONSHIP.</p>
39 <h2>12. Limitation of Liability</h2>
39 <h2>12. Limitation of Liability</h2>
40 <p>CHECKR WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES (INCLUDING LOSS OF REVENUE OR PROFITS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY OR ERROR IN THE CONTENT, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
40 <p>CHECKR WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES (INCLUDING LOSS OF REVENUE OR PROFITS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY OR ERROR IN THE CONTENT, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
41 <p>CHECKR’S AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM IN THE AGGREGATE. RECOVERY OF THIS AMOUNT IS YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER AND THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE THEORY OF LIABILITY. THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY UNDER THIS SECTION CONSTITUTE A FUNDAMENTAL BASIS OF THEIR BARGAIN.</p>
41 <p>CHECKR’S AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM IN THE AGGREGATE. RECOVERY OF THIS AMOUNT IS YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER AND THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE THEORY OF LIABILITY. THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY UNDER THIS SECTION CONSTITUTE A FUNDAMENTAL BASIS OF THEIR BARGAIN.</p>
42 <p>NOTWITHSTANDING THE FOREGOING, CHECKR SHALL HAVE NO LIABILITY WHATSOEVER FOR CLAIMS RESULTING FROM: (I) YOUR ACTS OR OMISSIONS RELATED TO YOUR OBLIGATIONS UNDER THIS AGREEMENT; (II) YOUR I-9 DATA; (III) A VIOLATION OF LAW, INCLUDING, BUT NOT LIMITED TO, I-9 LAWS BY YOU; OR (IV) YOUR VIOLATION OF OBLIGATIONS UNDER THE E-VERIFY MEMORANDUM OF UNDERSTANDING.</p>
42 <p>NOTWITHSTANDING THE FOREGOING, CHECKR SHALL HAVE NO LIABILITY WHATSOEVER FOR CLAIMS RESULTING FROM: (I) YOUR ACTS OR OMISSIONS RELATED TO YOUR OBLIGATIONS UNDER THIS AGREEMENT; (II) YOUR I-9 DATA; (III) A VIOLATION OF LAW, INCLUDING, BUT NOT LIMITED TO, I-9 LAWS BY YOU; OR (IV) YOUR VIOLATION OF OBLIGATIONS UNDER THE E-VERIFY MEMORANDUM OF UNDERSTANDING.</p>
43 <h2>13. No Consumer Report Information</h2>
43 <h2>13. No Consumer Report Information</h2>
44 <p>Checkr does not assemble, reassemble or evaluate any information bearing on a consumer’s character, general reputation, credit worthiness or mode of living in any way as part of the Checkr Integration to WorkBright, the WorkBright System, WorkBright Products or any offering or service available through Checkr’s integration with WorkBright. It is the parties’ understanding that the I-9 Data or information accessible via the Checkr Integration to WorkBright or the WorkBright System does not meet the definition of a consumer report and is not in any way subject to or covered by the Fair Credit Reporting Act (“<b>FCRA</b>”).</p>
44 <p>Checkr does not assemble, reassemble or evaluate any information bearing on a consumer’s character, general reputation, credit worthiness or mode of living in any way as part of the Checkr Integration to WorkBright, the WorkBright System, WorkBright Products or any offering or service available through Checkr’s integration with WorkBright. It is the parties’ understanding that the I-9 Data or information accessible via the Checkr Integration to WorkBright or the WorkBright System does not meet the definition of a consumer report and is not in any way subject to or covered by the Fair Credit Reporting Act (“<b>FCRA</b>”).</p>
45 <h2>14. Audits</h2>
45 <h2>14. Audits</h2>
46 <p>You acknowledge that Checkr does not audit Your compliance with the DHS, USCIS, ICE, DOJ/IER or any other governmental agency employment eligibility-related laws, regulations or guidance, including I-9 Laws, but rather provides an integration solution only for Your convenience and to connect You to the WorkBright System and WorkBright Products. Checkr shall not be liable whatsoever for Your failure to comply with I-9 Laws, instructions or requirements, including guidance found in the M-274 (USCIS Handbook for Employers), I-9 Central, ICE.gov or any I-9 Laws.</p>
46 <p>You acknowledge that Checkr does not audit Your compliance with the DHS, USCIS, ICE, DOJ/IER or any other governmental agency employment eligibility-related laws, regulations or guidance, including I-9 Laws, but rather provides an integration solution only for Your convenience and to connect You to the WorkBright System and WorkBright Products. Checkr shall not be liable whatsoever for Your failure to comply with I-9 Laws, instructions or requirements, including guidance found in the M-274 (USCIS Handbook for Employers), I-9 Central, ICE.gov or any I-9 Laws.</p>
47 <p>In the event that the I-9 Form or E-Verify activities are subject to an audit, investigation or fine by one or more governmental agencies, including but not limited to the, ICE, USCIS, DOJ/IER, or other state or federal agencies, You shall provide prompt and reasonable notice to Checkr (and in any case no more than 16 hours after receiving notice of such audit, investigation or fine). Checkr shall be entitled to participate in such a process as applicable or at the request of third parties or any governmental authorities and respond to all questions directed at Checkr.</p>
47 <p>In the event that the I-9 Form or E-Verify activities are subject to an audit, investigation or fine by one or more governmental agencies, including but not limited to the, ICE, USCIS, DOJ/IER, or other state or federal agencies, You shall provide prompt and reasonable notice to Checkr (and in any case no more than 16 hours after receiving notice of such audit, investigation or fine). Checkr shall be entitled to participate in such a process as applicable or at the request of third parties or any governmental authorities and respond to all questions directed at Checkr.</p>
48 <p>Checkr shall not be liable for any internal or external audit findings, reviews or analysis of Your records, including any failure to obtain proper employment verification documentation and any noncompliance with the anti-discrimination provisions of the INA.</p>
48 <p>Checkr shall not be liable for any internal or external audit findings, reviews or analysis of Your records, including any failure to obtain proper employment verification documentation and any noncompliance with the anti-discrimination provisions of the INA.</p>
49 <h2>15. WorkBright Products</h2>
49 <h2>15. WorkBright Products</h2>
50 <p>The WorkBright Products that may be available to You include, but are not limited to, the following:</p>
50 <p>The WorkBright Products that may be available to You include, but are not limited to, the following:</p>
51 <ol><li><b>Electronic I-9</b>: Electronic signature, storage, E-Verify (if applicable), and remote hire options.</li>
51 <ol><li><b>Electronic I-9</b>: Electronic signature, storage, E-Verify (if applicable), and remote hire options.</li>
52 <li><b>Electronic I-9 Audit and Migration services</b>: Migration services that allow You to migrate historical I-9 records from Your legacy systems into the WorkBright System and an auditing service to identify potential data errors in historical or newly submitted I-9 Forms.</li>
52 <li><b>Electronic I-9 Audit and Migration services</b>: Migration services that allow You to migrate historical I-9 records from Your legacy systems into the WorkBright System and an auditing service to identify potential data errors in historical or newly submitted I-9 Forms.</li>
53 <li><b>I-9 Audit Support</b>: In the event of an ICE notice of inspection, required records will be provided by WorkBright upon Your request.</li>
53 <li><b>I-9 Audit Support</b>: In the event of an ICE notice of inspection, required records will be provided by WorkBright upon Your request.</li>
54 </ol>
54 </ol>