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• Additional Info:

  Smart Background Checks has the following information on their website. Consumers should be aware they may file a complaint with BBB at https://www.bbb.org/consumer-complaints/file-a-complaint/get-started.
  
  RESOLUTION OF DISPUTES
  
  These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules. In the event a dispute arises between us, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Department at (800) 571-0614, or by emailing us using our contact form located at https://www.smartbackgroundchecks.com/contact. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed.
  
  INSTEAD OF SUING IN COURT, EACH PARTY AGREES TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. You agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content accessible from the Applications; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls ("Claim(s)") which cannot be settled through the Customer Care Department, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person ("class action waiver"). A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to us shall be sent to the following address: P.O. Box 105603, Atlanta, Georgia 30348-5603. All notices to you will be sent to the email address you provide to us. Upon receipt of such Notice of Dispute, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the JAMS ("JAMS") under its rules and procedures, including the JAMS Commercial Arbitration Rules. These rules and procedures are available by calling the JAMS or by visiting its web site at www.jamsadr.com. For any non-frivolous claim that does not exceed $10,000 we will: (1) pay all costs of the arbitration; and (2) if you prefer will conduct the arbitration by telephone. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
  
  This arbitration agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
  
  VENUE
  
  The parties hereby irrevocably consent to the exclusive jurisdiction of the State of California and agree that any litigation arising out of this agreement, whether in arbitration or judicial proceedings, shall be conducted in Sacramento County, California.
  
  EXCEPTION
  
  Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
  
  SURVIVAL
  
  This arbitration provision shall survive termination of this agreement.
  
  SEVERABILITY
  
  If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.
  
  MISCELLANEOUS
  
  These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and us. They supersede any and all prior or contemporaneous agreements between you and us relating to your use of the Applications or the Services. We may assign these Terms in whole or in part, at any time. If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. Our failure to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms, Policies and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
  
  CONTACT US
  
  If you have any questions or concerns, please contact us at:
  SmartBackgroundChecks
  Customer Service
  P.O. Box 105603
  Atlanta, Georgia 30348-5603