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Candidate Terms of Service

These Terms of Service (this “Agreement”) are entered into between you (“User” or “You”) and Pluto Acquisition OpCo, LLC dba Universal Background Screening (“UBS”). This Agreement governs your access to and use of UBS’ web-based candidate portal (the “Portal”), mobile applications (if any) (the “App”), and all related applications, databases, and services that UBS makes available for submitting and managing your background screening information (collectively, the “Services”).

By using the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.

1. Electronic Signatures

By using the Portal or the Services, you consent to conduct transactions electronically. You agree that your selection of an item, button, or icon via keyboard, touchscreen, mouse or other device constitutes your legal electronic signature, which has the same force and effect as a handwritten signature. You further agree that no certification authority or other third-party verification is required to validate your electronic signature, and the absence of such certification shall not affect its enforceability.

By using the Portal or the Services, you consent to receive notices, disclosures, and other information electronically. You understand and agree that delivery of information through the Portal shall constitute delivery of the information electronically. Notices, disclosures, and other information include, but are not limited to, those required to be provided to you by applicable law.

You acknowledge that you have the right to withdraw your consent to use electronic signatures and records at any time by contacting UBS at privacy@universalbackground.com, but that doing so may delay or prevent UBS from processing your background screening. You also agree to retain a copy of this Agreement and any electronically signed documents for your records by downloading or printing them.

2. Consent to Communications

By providing your email address or telephone number, you expressly consent to receive communications from UBS about your use of the Services, including but not limited to SMS, MMS, text, email, or automated calls regarding initiation, reminders, or status updates related to your background screening. You may opt out of marketing communications at any time by following the opt-out instructions included in the communications or by contacting UBS at privacy@universalbackground.com. Opting out of marketing will not affect operational or transactional messages related to your screening.

2A. Email Communications

By providing your email address, you consent to receive electronic communications from UBS regarding your use of the Services, including initiation notices, instructions, status updates, and requests for additional information related to your background screening. These transactional communications are necessary to complete your background check and you may not opt out of these communications while your screening is in process.

You may also receive marketing or informational emails from UBS about other services; you may opt out of marketing communications at any time by using the “unsubscribe” link included in the email or by contacting privacy@universalbackground.com. Your decision to opt out of marketing emails will not affect your use of the Services.

UBS is not responsible for any failure, delay, misdelivery, or security compromise involving email communications outside UBS’ reasonable control. You are responsible for maintaining a valid email address and ensuring that UBS emails are not blocked or filtered by your email provider.

3. SMS Terms

a. UBS may send SMS or text messages to facilitate your background screening process (e.g., reminders, secure links, and status updates).
b. You may stop receiving SMS messages by replying “STOP.” A confirmation message will follow.
c. For assistance, reply “HELP” or contact client.services@universalbackground.com or (877) 263-8033.
d. Carriers are not liable for delayed or undelivered messages.
e. Message and data rates may apply. The frequency of messages depends on the stage of your background check.
f. For information on how UBS handles your data, see the UBS Privacy Policy.

4. Account Registration

If you are required to create an account to access the Portal, you agree to provide accurate information and maintain the confidentiality of your login credentials. You must be at least 18 years old or have legal guardian consent to use the Services. You are solely responsible for all activities occurring under your account and agree to notify UBS immediately of any unauthorized use.

5. Purpose of Services

The Services allow you to submit, receive, and manage personal information and documents so UBS can provide background screening reports to its client (your prospective employer or contractor). UBS provides these Services solely to facilitate that process and makes no hiring or employment decisions. Your use of the Services does not create an employment relationship with UBS.

6. License and Intellectual Property

UBS grants you a limited, non-exclusive, non-transferable license to access and use the Portal and App solely to submit information as part of your background check. All rights, title, and interest in the Services, and all associated content, are owned by UBS or its licensors. You may not copy, modify, reverse engineer, or create derivative works from the Services.

7. Restrictions on Use

You agree not to:

  • Use the Services for any unlawful, fraudulent, or unauthorized purpose
  • Interfere with or disrupt the security or operation of the Services
  • Attempt to gain unauthorized access to UBS systems or networks
  • Upload any false, misleading, or infringing content
  • Use any part of the Services to build a competitive product or service

8. Your Responsibilities

You are solely responsible for the accuracy of all information and documents you provide to UBS. You must not submit speculative, false, or fraudulent information or any materials you are not authorized to share. You agree to comply with all applicable laws and regulations.

9. Data Use and Privacy

UBS will collect, use, store, and disclose your personal information as described in the UBS Privacy Policy. UBS may provide your background report and other related information to its client that requested the screening and to other third parties only in accordance with the Privacy Policy. You acknowledge and agree that UBS may retain your data consistent with its record retention policies and legal obligations.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. UBS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. UBS DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UBS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA OR PROFITS ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

12. Arbitration

This Arbitration Provision significantly affects your rights in any Claim (defined below) with UBS. Please read this Arbitration Provision carefully before you agree to these Terms of Service.

  • EITHER YOU OR UBS MAY CHOOSE TO HAVE ANY CLAIM DECIDED BY ARBITRATION AND NOT IN COURT.
  • IF A CLAIM IS ARBITRATED, YOU AND UBS WILL EACH GIVE UP THE RIGHT TO A TRIAL BY THE COURT OR A JURY.
  • IF A CLAIM IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST UBS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
  • THE INFORMATION YOU AND UBS MAY OBTAIN IN DISCOVERY FROM EACH OTHER IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT.
  • OTHER RIGHTS THAT YOU AND UBS WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Any claim or dispute, whether in contract, tort, statute, or otherwise, between you and UBS or our employees, agents, successors, or assigns, which arises out of or relates in any manner to the Services or these Terms of Service, together with any issue relating to the arbitrability, interpretation, applicability, enforceability, formation, or scope of this Arbitration Provision (collectively, “Claim”), shall, at your or UBS’s election (or the election of any such third party) be resolved by neutral, binding arbitration and not by a court action. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claim are delegated to the Arbitrator. The only exception to resolving a Claim through arbitration is that both you and UBS have the right to pursue a Claim in courts of limited jurisdiction that do not allow class actions (“small claims court”) instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis without a jury, whereas Claims in other courts may be compelled into arbitration by either party. Neither you nor UBS waive the right to arbitrate any related or unrelated Claims by filing any action in small claims court or by either party seeking injunctive relief, or by either party seeking to recover a deficiency balance, whether on your behalf individually or on behalf of the public where permitted by statute.

You and we agree that any Claim is to be arbitrated by a single Arbitrator on an individual basis and not as a collective, class, or representative action, and we agree not to arbitrate on a consolidated or class basis. The Arbitrator may not preside over a class, collective, consolidated, injunctive, representative, or private attorney general action. You and UBS expressly waive any right to arbitrate a class, collective, consolidated, injunctive, representative, or private attorney general action.

Except as otherwise provided in this Arbitration Provision, you and UBS agree that the American Arbitration Association (“AAA”), National Arbitration and Mediation (“NAM”), or another mutually agreed upon third-party neutral with consumer or mass arbitration rules (as applicable) will conduct the arbitration. You may get a copy of the rules of the AAA (www.adr.org) and NAM (www.namadr.com) by visiting their respective websites. You can also refer to the websites to learn how to file for arbitration. The AAA will apply its Consumer Arbitration Rules in effect at the time the arbitration is filed and the Mass Arbitration Supplementary Rules in effect at the time the arbitration is filed, each as applicable. If there is a conflict between the applicable AAA rules and procedures and this Arbitration Provision, this Arbitration Provision will control. NAM will apply its Comprehensive dispute Resolution Rules and Procedures in effect at the time the arbitration is filed and its Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time the arbitration is filed, each as applicable. If there is a conflict between the applicable NAM rules and procedures and this Arbitration Provision, this Arbitration Provision will control.

UBS will advance the arbitration fees as required by the applicable rules of the AAA, NAM, or the mutually agreed upon third-party neutral, as applicable. You and UBS shall be responsible for one’s own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. The amount either of us pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any Claims are frivolous.

You agree that this is a transaction in interstate commerce. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law governing arbitration.

The arbitrators shall be attorneys or retired judges and shall be selected in accordance with the applicable rules of the AAA, NAM, or third-party neutral administering the arbitration. The arbitrator shall apply substantive governing law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal court district in which you reside or at a mutually agreed upon location, including by remote hearing.

The arbitrator’s award shall be in writing and will be final and binding on all parties. There shall be a limited right to appeal to the extent allowed by the Federal Arbitration Act. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

If federal law provides that a Claim is not subject to binding arbitration, this Arbitration Provision shall not apply to such Claim. If any part of this Arbitration Provision, other than waivers of class rights, is deemed or found by a court or arbitrator to be unenforceable, the remainder of this Arbitration Provision shall be enforceable. If a court invalidates the class action waiver, and that decision is not overturned upon final appeal of such issue, then the agreement to arbitrate will be void. If so, only a judge and not a jury will resolve disputes. Class arbitration will not be allowed. You agree that you expressly waive any right you may have for a Claim to be resolved on a class basis in court or in arbitration. This Arbitration Provision shall survive the termination of this Agreement, whether by default, transfer, repayment in full, or otherwise.

13. Governing Law and Disputes

This Agreement shall be governed by the laws of the State of Arizona, without regard to its conflict of laws rules. You consent to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona to resolve any disputes arising from or relating to this Agreement or your use of the Services.

14. General Provisions

  • This Agreement constitutes the entire agreement between you and UBS regarding the Services.
  • If any provision is found invalid, the remaining provisions will remain in full force and effect.
  • UBS may update these Terms from time to time by posting the revised version on the Portal. Your continued use constitutes acceptance of the updated Terms.
  • These Terms do not create any third-party beneficiary rights.