TERMS OF SERVICE

From time to time, we at Tenstreet are required to ask our users to acknowledge their understanding of and agree to the following Terms of Service. Thank you for helping us maintain compliance with the Fair Credit Reporting Act (FCRA) and other regulations.

The following is a summary of Tenstreet's Terms of Service. We provide this summary for your convenience, but you are also responsible for the detail that follows it.

•	You and your company have a business need for background screening reports you obtain from Tenstreet.

•	You will only use background screening reports for the purpose your company identified to Tenstreet.

•	You will maintain the confidentiality of the information within any report (i.e., you won't sell or share the information with others).

•	You will have obtained authorization from the individual (i.e., the consumer) before requesting any report on that individual; and

•	You will comply with the FCRA (if operating in the United States) and all applicable federal, state, and local laws, such as informing the individual of their rights and following the applicable adverse action process.

Terms of Service

These Terms of Service apply to your access and use of Tenstreet's online platform.  Please review these terms carefully.  By clicking "Agree" below you certify that you have reviewed and accepted all of the following terms and conditions.  Once accepted, these terms become a binding legal commitment between you and Tenstreet.  If you do not agree to be bound by these terms you should close your browser and not click "Agree."

If you have any questions, feel free to contact our support team at [email protected].

1.	Client's Account.  Tenstreet is the owner of a platform of technology and software which offers multiple services and features in support of the recruitment, engagement, onboarding, and employment/contracting of employees and/or contractors through its computer interface ("Tenstreet Platform"). To have an account and obtain information from the Tenstreet Platform, including information such as employment verifications, safety performance history information, and/or drug and alcohol information on any individual (i.e., a consumer) through Xchange, your Company ("Client") must have a legitimate reason and a permissible purpose under the FCRA to request and obtain consumer information through the Tenstreet Platform.  Client agrees it has provided true, accurate, current, and complete information in the creation of its account.  Client will be solely responsible for all use (whether authorized or not) of the Tenstreet Platform under Client's account.  Through Client's account, Client may have the opportunity to obtain consumer reports from Tenstreet or other consumer reporting agencies. ("Reports").  Client acknowledges Reports obtained under the Tenstreet Platform are consumer reports under the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. ("FCRA").  Client specifically represents that it is the end user of any Report obtained through the Tenstreet Platform and that such Reports will be obtained solely for Client's use.  Client will not further distribute, sell, share, give or trade any Report or information therein with any third party, except as allowed by law. If the nature of Client's business or ownership changes, including the permissible purpose for obtaining Reports, Client will promptly notify Tenstreet in writing by email to [email protected] or by mail at the following address: Tenstreet LLC, 120 W. 3rd Street, Tulsa, Oklahoma 74103. Your continued access and use of the Tenstreet Platform, including Xchange and any Reports will be determined solely by Tenstreet.

2.	Permissible Purpose.  Client will only obtain Reports for the FCRA permissible purpose it certifies to Tenstreet and no other. Client further represents that all prior Reports obtained through the Tenstreet Platform have been obtained with the permissible purpose under which it registered at Tenstreet.

3.	Representations by Client. By placing an order for a Report, Client represents and agrees to the following:

3.1	Client is an existing business with a legitimate need for obtaining Reports through Tenstreet.

3.2	Client will ensure that access to the Tenstreet Platform is secure from unauthorized persons, and that Client utilizes reasonable and appropriate security measures in the access of the information available on the Tenstreet Platform.  Tenstreet reserves the right to audit Client's security measures.  Client agrees to immediately notify Tenstreet of those users who cease to work for Client or whose job duties no longer include the use of the Tenstreet Platform.  Client acknowledges and agrees that Tenstreet prohibits the sharing of user names and passwords among users and with unauthorized users.  Client shall instruct its employees that they are not allowed to share, display or otherwise provide their user names or passwords to any other person including co-workers. Should Client desire a third party to have access to information held by Tenstreet (whether through Tenstreet site, Application Programming Interface, or any other means), Client and the third party will execute a separate addendum for each third-party entity that explicitly gives Tenstreet permission to provide said access.

3.3	Client represents that prior to requesting a Report, Client will have:

	3.3.1	Disclosed to the consumer that a consumer report may be obtained;

	3.3.2	Except as otherwise permitted by law, Client will have:

		•	Obtained the written consent of the consumer allowing Client to obtain the consumer report; or

		•	In the case of an individual, over whom the United States Secretary of Transportation has the power to establish qualifications and maximum hours of services and who applies for employment by mail, telephone, computer or other similar means, but not in person, Client shall have obtained the consent from such individual by oral, written or electronic means;

	3.3.3	Provide the consumer a summary of the individual's rights under the FCRA and Federal Motor Carrier Safety Administration ("FMCSA") if applicable.

	3.3.4	Not utilize any Report or any information therein in violation of any federal or state equal employment opportunity law or regulation.

	3.3.5	Comply with the FCRA, the Driver's Privacy Protection Act ("DPPA") and other applicable federal, state and local laws.

3.4	In using a Report for employment purposes, prior to taking adverse employment action against the subject of the any Report, when such action will be based in whole or in part upon information contained in the Report, Client will  provide a copy of the Report to the individual and a description, in writing, of the individual's rights under the FCRA and FMCSA, if applicable. (Access to a copy of these notices are available at https://cdn.tenstreet.com/resources/pdf/fcra_summary_of_rights.pdf and https://cdn.tenstreet.com/resources/pdf/fmcsa_notification_of_driver_rights.pdf). 

3.5	When taking adverse action based in whole or in part upon information contained in a Report obtained under the Tenstreet Platform, Client shall:

	3.5.1	Provide notice of such action to the subject of the Report;

	3.5.2	Provide the name, address and telephone number of Tenstreet and any other consumer reporting agency furnishing a Report through the Tenstreet Platform;

	3.5.3	Inform the subject of the Report that he/she is entitled to a free copy of the Report and has a right to dispute the record through Tenstreet; and 

	3.5.4	Inform the subject of the Report that Tenstreet and any other consumer reporting agency furnishing a Report, is unable to provide the specific reasons why the adverse action was taken by Client.

3.6	If Client is subject to the regulations of the FMCSA and Client is requesting information to hire a driver, Client represents that Client has informed the driver that the information supplied by the driver on the application will be used in the hiring process and has advised the driver of his/her procedural rights under 49 C.F.R. Part 391.

3.7	Client will, at the time it disposes of any Report or any information contained therein, cause such to be destroyed by cross shredding, burning or electronic destruction, as required by regulations issued by the Federal Trade Commission. 16 CFR 682.1 et seq.

3.8	Client acknowledges that Reports received through the Tenstreet Platform will contain confidential and personal information relating to the respective subject of the Report.  Client shall maintain reasonable procedures to protect confidential and personal information from unauthorized internal or external access. If Client experiences a breach of security regarding this information or discontinues any security measure, Client shall notify us within 24 business hours of the breach or discontinuance. Within seven (7) business days of such an event, Client shall advise us what steps have been taken to protect the occurrence of the breach or protection of the information.

4.	Compliance with Applicable Laws.  It is the responsibility of Client to be knowledgeable about and to comply with the FCRA, the DPPA, FMCSA, and other applicable federal, state and local laws relating to the release, use, or any other legal matter of any Reports Client obtains under the Tenstreet Platform.  Client acknowledges that Tenstreet will not render any opinions (legal or otherwise) regarding Report content, and Client shall base its screening processes, guidelines and decisions on its own policies and procedures. At Client's request, Tenstreet may provide Client with template language to be used for various forms, including certifications, consumer consents, notices and summary of rights under the FCRA or other forms which Client may choose to adopt to satisfy its obligations under the FCRA or other applicable laws. However, such forms and/or language is solely at the discretion of Tenstreet and offered to merely for informational purposes to assist Client and does not constitute legal advice.  Tenstreet does not warrant that any such form and/or language is compliant with applicable law and Client waives any claim against Tenstreet for the use of such forms or language. Client further agrees to hold Tenstreet harmless and agrees not to seek indemnification or contribution of any kind from Tenstreet, as a result of its provision of the materials described herein. TENSTREET STRONGLY RECOMMENDS THAT CLIENT CONSULT WITH ITS OWN LEGAL COUNSEL FAMILIAR WITH CLIENT'S UNIQUE REQUIREMENTS AND LEGAL/REGULATORY OBLIGATIONS RELATED TO THE COMPLIANT PROCUREMENT AND USE OF REPORTS OBTAINED PURSUANT TO THESE TERMS OF SERVICE.

5.	Furnishing Information. Client represents and agrees to the following with regard to providing information to Tenstreet:

5.1	Tenstreet shall store information in a secure environment, guarding such against unauthorized access and maintaining the information in a format not to alter the substance of the information furnished. Tenstreet may, from time to time, request Client verify such stored information is accurate and Client shall promptly respond to such request.

5.2	Client certifies that it will provide accurate information and will select descriptors of activities that are not misleading to the conduct or experience of the individual even though the descriptor might be technically true. If Client is unsure as to which descriptor(s) to use, Client should contact Tenstreet for guidance. Client should report only facts not speculation or rumor. Client shall maintain records to support the descriptors chosen for the information furnished to Tenstreet.

5.3	If Client knows, or should know, that an individual disputes any information being provided to Tenstreet, Client shall specify which entry is disputed by the individual at the time Client furnishes the disputed information to Tenstreet.  If any information is later disputed by the individual, Client will promptly communicate that dispute and any changes to the information previously furnished to Tenstreet.

5.4	If Client later learns that the information it previously furnished to Tenstreet is inaccurate, Client shall promptly notify Tenstreet and provide Tenstreet with the appropriate corrections to make the previous information accurate. This obligation shall survive termination of the use of Tenstreet Services and/or Xchange.

5.5	If Client is notified by Tenstreet that an individual disputes information furnished by Client, Client shall conduct an investigation and within ten (10) business days of notification of the dispute respond to Tenstreet with the results of its investigation. In conducting the investigation, Client will review all information sent by Tenstreet and review its own files, documentation, and available witnesses.  Client will to share with Tenstreet any relevant files, documentation, or witness statements from Client's investigation.  This obligation shall survive any termination of Tenstreet's services.

5.6	Client understands and authorizes Tenstreet to release any information furnished by Client to any other client of Tenstreet who has certified to Tenstreet that it has permissible purpose under the FCRA to request and use such information.

5.7	Client acknowledges receipt of the "Notice to Furnishers of Consumer Reports" from Tenstreet and agrees to abide by all obligations set forth therein. (Download the Notice to Furnishers of Consumer Reports at: https://cdn.tenstreet.com/resources/pdf/notice_to_furnishers_of_consumer_reports.pdf)  

6.	Notice to Users. Client acknowledges the receipt of the "Notice to Users of Consumer Reports" from Tenstreet and agrees to abide by all obligations set forth therein. (Download the Notice to Users of Consumer Reports at: https://cdn.tenstreet.com/resources/pdf/notice_to_users_of_consumer_reports.pdf)

7.	Disclaimer of Warranty. Client acknowledges that Tenstreet relies upon the information furnished by its clients to be stored by Tenstreet to prepare Reports. Tenstreet shall use commercially reasonable efforts to ensure complete and accurate transmission of the information to Client; however, Tenstreet does not guarantee or warrant the accuracy of any Report. Tenstreet is not responsible for inaccurate or false information, unless Tenstreet had actual knowledge of the error and failed to correct it. Except as otherwise expressly set forth in the immediately preceding sentence, TENSTREET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INLCUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY, ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING, FITNESS FOR A PARTICULAR PURPOSE, NON-INNFRINGEMENT, AND NON-INTERRUPTION OF SYSTEM USE.

8.	Indemnification. Client shall indemnify, defend and hold Tenstreet and its officers, directors, employees, agents and contractors (collectively, "Representatives") harmless from and against any and all claims, demands, suits, judgments, costs, expenses and liabilities, (including, without limitation, reasonable attorney's fees asserted against Tenstreet or any of its Representatives to the extent caused by, arising out of, or otherwise related to Client's breach of these Terms of Service or violation of applicable law.

9.	Survival.  The provisions of these Terms of Service which expressly or by their nature contemplate performance or observance after Client terminates its use of Tenstreet's Services will survive and continue in full force and effect.  Without excluding any other provisions, the terms in sections 1, 3, 5, 10, and 11 shall survive after termination. 

10.	Aggregated data.  Tenstreet may monitor Client's use of the Tenstreet Platform and collect, compile, or otherwise aggregate data and information within the Tenstreet Platform in an anonymized manner, including but not limited to performance information related to the operation of Tenstreet Services and/or statistical information, transactional data, and other server data relating to the industry and market.  Tenstreet will not in any manner identify Client or Client's confidential information in any aggregated data or statistical information.  Client acknowledges that Tenstreet may collect, compile, and otherwise aggregate data and information based on Client's use of the Tenstreet Platform and agrees that Tenstreet, may i) utilize any aggregated data or statistical information for marketing purposes and make such aggregated data publicly available in compliance with applicable law; ii) use aggregated data or statistical information for analytical or other business purposes in any manner permitted by law; and iii) that Tenstreet owns and retains all intellectual property rights therein.

11.	Ownership of Computer Programs. Tenstreet exclusively owns and reserves all right, title, and interest to its software and services.  Access granted pursuant to these terms does not include the sale or license of any computer program or software.  Client agrees and acknowledges that it will not sell, transfer, assign, give, download, or lend any software, tool or program which is owned or utilized by Tenstreet to any other person or entity. Client will not reverse engineer, decompile, disassemble, or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive any system, software, product, service, process, work flow, diagram, design, code, or other work product owned by Tenstreet and provided in connection with the access granted pursuant to these terms of service.  Client further agrees that it will engage in fair, ethical, and honest business practices in its access and use of the Tenstreet Platform.  Client will not use knowledge derived and acquired through use of the Tenstreet Platform to unfairly compete or engage in unethical, unfair, or deceptive business practices including but not limited to the use or infringement of any intellectual property of Tenstreet, the misappropriation of trade secrets, or any false representations relating to Tenstreet's products and services.   

12.	Misuse of Information. The FCRA prohibits the obtaining of information from a consumer reporting agency for an impermissible purpose. Further, those involved in such improper requesting may be subject to criminal penalties of imprisonment up to one year and/or a fine of $5,000 for each offense. 15 U.S.C. § 1681q. Further, the DPPA prohibits obtaining information under false pretenses and restricts the resale or redisclosure of personal information contained in state motor vehicle records. A violation of the DPPA may also result in criminal penalties. 18 U.S.C. § 2733(a). If a Client or one of its employees misrepresents to Tenstreet the reason for a report or requests a report for an impermissible purpose, Tenstreet may terminate service without notice in addition to other remedies available to Tenstreet. Client understands that its misuse of or improper request for information may have a direct impact upon Tenstreet and may cause it to be unable to obtain information for any of its clients resulting in substantial damages for which Client would be liable.

13.	Miscellaneous Provisions

13.1	Nothing provided herein is intended for the benefit of any third party.  

13.2	These terms of service are intended to be subject to, and in compliance with, all applicable state and federal statutes and regulations. Insofar as any terms or provisions may subsequently be determined to be at variance or not in compliance with any such statute or regulation, such terms will be considered null and void, but all other terms and provisions will still apply.

13.3	If Client executes a Master Service Agreement ("MSA"), the MSA and these Terms of Service shall be construed as one agreement.  If inconsistencies exist then the terms, to the extent of the inconsistency, of the MSA shall control.
  
13.4	Any legal suit, action or proceeding arising out of or related to these terms of service shall be instituted in either the state or federal courts of Tulsa, Oklahoma and each party consents to the jurisdiction of these courts.  These Terms of Services are further to be interpreted and enforced in accordance with the laws of the State of Oklahoma, without reference to its conflict of laws. 

13.5	Tenstreet may make changes to the software or methods used to provide service to Client and Client must make any necessary changes to maintain working connection to the service at Client's sole cost.

13.6	Client will not use any automated method for connecting to or using the Tenstreet system. This includes any scripts, macros, bots, or related mechanisms.

14.	Acceptance. Client acknowledges that by clicking "Agree" and by Client's use of Tenstreet Services, Client agrees to these terms, acknowledges these terms are binding on Client, and that the individual representative of Client clicking Agree has the authority to bind Client with respect to the undertakings and obligations contained in these Terms of Service.

In agreeing to use this service, you agree to abide by applicable state and federal law governing your use and you acknowledge that any misuse may subject you to civil and/or criminal penalties. By clicking "Agree" you agree to abide by these Terms of Service. You should print a copy of these Terms of Service for your records.

Revised 10/16/2018