Terms

TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions of Service (the “Terms”) supersede all prior Pharma eMarket, LLC, terms of service and are last updated as of August 15th, 2025..

1. ACCEPTANCE OF TERMS

These Terms and Conditions of Service are entered into between Pharma eMarket, LLC d/b/a Monitorforhire.com (the “Company,” “we,” “us” or “our”) and you. These Terms govern your use of the website located at https://www.monitorforhire.com/ and any applications offered by us (collectively, the “Website”), and any services offered through or in connection with the Website (collectively with the Website, the “Services”).

These Terms are important and affect your legal rights, so please read them carefully. Note that Section 18 of these Terms contains a mandatory binding confidential arbitration provision and class action waiver that requires the use of binding confidential arbitration on an individual basis, and these Terms limit the remedies available to you in the event of certain disputes.

By accepting these Terms, you represent that you are eighteen (18) years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

By accessing, browsing or using the Website or the Services, you are indicating that you have read and acknowledge and agree to be bound by these Terms and any additional terms and conditions applicable to certain areas of the Services and posted in those areas of the Services, including our Privacy Policy (“Privacy Policy”), which are in each case a part of and incorporated into these Terms. If you do not agree to every provision of these Terms and our Privacy Policy, please do not access, browse or use the Services. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Services or any features provided on the Website.

These Terms may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms on the Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the bottom of these Terms. By accessing, browsing or using the Services following the posting of changes to these Terms, you accept such changes. We strongly recommend that you routinely visit this page to review these Terms.

2. HOW THE SERVICES WORK

The Services are intended to be used by either (1) an entity who has registered with the Website through Sponsor registration seeking an independent clinical professional by submitting project information (each a “Sponsor”, and collectively “Sponsors”) or (2) an independent provider of clinical research services who has registered with the Website through Monitor registration (each a “Monitor”, and collectively, “Monitors”). Through the Services, the Company offers a broad range of tools, content, services, benefits, and other resources on the Website of particular interest to Monitors and to enable Monitors to efficiently and cost effectively manage their careers, including a technology platform to allow Monitors and Sponsors to connect and communicate with one another.

The Services may allow Monitors to create individual profiles and to upload personal information (collectively, a “Profile”) to the Services. The Company may offer Sponsors the ability to directly view and search Profiles to facilitate engagement between Sponsors and Monitors. The Company may also from time to time offer services to assist Sponsors in finding potential candidates by searching and providing the Profiles to Sponsors and connecting Sponsors with Monitors. Please see the Privacy Policy and your account settings for more information about how personally identifiable information may be shared. The Company is not responsible for other users’, Sponsors’, or third parties’ use of available information, so you should carefully consider whether and what to post and how you identify yourself on the Services.

3. TERMS SPECIFIC TO MONITORS

Prior to any potential professional engagement with a Sponsor, Monitors may be required to enter into the form of Independent Contractor Agreement then in use by the Company or its affiliates, or another similar written agreement between the Company and the Monitor (such agreement, an “Independent Contractor Agreement”). The Independent Contractor Agreement will set forth the applicable payment terms between the Monitor and the Company for such engagement, and such additional terms and conditions as set forth in the applicable Independent Contractor Agreement. The Company does not make any representation or guarantee that the Monitor will be engaged by the Company or a Sponsor, or placed with a Sponsor.

4. TERMS SPECIFIC TO SPONSORS

Sponsors shall be solely responsible for their study structure and outcome and the Company shall have no liability to Sponsors or Monitors with respect to same. The information available in the project postings is not verified by the Company to be bona fide; it is the responsibility of the Sponsor to provide accurate information.

Prior to any potential professional engagement with a Monitor, Sponsors may be required to enter into the form of Master Client Services Agreement then in use by the Company or its affiliates, or another similar written agreement between the Sponsor and the Company (such agreement, an “Services Agreement”), and such Services Agreement will set forth additional terms with respect to the potential professional engagement, including pricing. Sponsors who are seeking the services of Monitors and Monitors who are seeking positions with Sponsors should use caution when using the Services. While the Company may perform some minimal screening of Monitors, such screening is done solely for the benefit of the Company. Sponsors may not rely on such internal screening. The Company will not provide drug screening of Monitors. Sponsors and Monitors should be careful in using the Services to avoid misrepresentations and other harmful effects. The Company is not responsible for screening or otherwise monitoring information that is provided in connection with the Services. The Company does not verify that Sponsors or Monitors are bona fide, that positions are actually available, that Monitors have the right to work or are eligible to work in the United States or elsewhere, that confidential information will be treated as such, or that the information provided by Monitors or Sponsors is accurate, truthful, up to date, or not misleading.

Sponsor shall, and shall ensure that its assignment postings and selection of Monitors, comply with all applicable laws and regulations, including without limitation laws related to labor and employment, equal employment opportunity and employment eligibility requirements, and all laws and regulations relating to any personal information and information received about Monitors hereunder. Assignment postings must not suggest any preference, limitation, specification or discrimination based on any protected class or characteristics, unless such characteristics are a bona fide occupational qualifications for the position.

Sponsor shall keep all Profile information and other information about a Monitor that Sponsor receives or accesses in connection with the Services confidential, and shall not use or disclose such information except in a manner consistent with the purpose of the Services or in violation of applicable laws.

5. SERVICES CONTENT

The Services and all material on the Services or contained therein, all text, graphics, and other works on the Services, the Services’ design and coding, all computer programs used and licensed in connection with the Services, the look and feel of the Services, and all data and reports generated by the Services, and all improvements made by or on behalf of the Company to the foregoing (collectively, the “Services Content”) are owned by us or a third party, and in no event will any right, title, or interest in or to the Services Content vest in you (as work product or otherwise), except for the limited licenses set forth in this Section. These materials are protected under copyright, trademark and other laws, including pursuant to US Patent 7,647,240. You may not copy, download, transmit, modify, distribute or republish the Services or any portion of the Services, including, without limitation, any of the Services Content, without the prior written consent of the Company. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Services or any Services Content. Use of any Services Content, except as expressly permitted by these Terms, is prohibited without the prior written permission of the Company. Subject to these Terms, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable right to access and make personal, non-commercial use of the Services in compliance with these Terms, subject to Section 14 (Termination). You shall not, and shall not permit anyone else to, directly or indirectly: (i) remove or alter proprietary notices or labels on or in the Services or Services Content; (ii) engage in any activity that interferes with or disrupts the Services or Services Content; (iii) engage in any fraudulent activity or activity that facilitates fraud; or (iv) otherwise act in violation of these Terms. All rights not expressly granted herein are reserved.

6. TRADEMARKS

All trademarks, service marks, logos, product and service names, slogans, company names, or other indicia (each a “Mark”) used in connection with the Services are the property of the Company or third parties and shall remain the property of the Company and such third parties. Nothing contained in the Services shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of the Company or such third party that may own such Mark. Your misuse of any such Mark, or any other Services Content, is strictly prohibited.

7. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We expect users of the Services to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Services infringes your copyright, please provide our copyright agent the written information specified below.

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(d) Your address, telephone number and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

The Company’s copyright agent for notice of claims of copyright infringement can be reached as follows:

BioBridges, LLC
Attn: Copyright Agent, MonitorForHire.com
2701 Aerial Center Pkwy, Suite 120
Morrisville, NC 27560
E-Mail: marketing@biobridges.com
Phone: +1-855-416-0909

8. REGISTRATION

Each registration is for a single user only. In consideration of your use of the Services, you agree to provide accurate, current and complete information about yourself or your company as requested on the Services registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete.

Any changes to your registration information should be made through the registration form or your account page on the Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services.

After you register for the Services, you may receive a password for your use of the Services. You are responsible for keeping your password confidential. You will be responsible for all uses and activity that occurs through your password or account. You will immediately notify us of any unauthorized use of your password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

9. PRIVACY POLICY

All information we collect on the Website or through the Services is subject to our Privacy Policy. By using the Website and the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Please see the Company’s Privacy Policy for additional information relating to the privacy and security of information collected hereunder.

10. YOUR USE OF THE SERVICES

You are solely responsible and liable for all data, information and other materials that you submit, upload, post, e-mail or otherwise transmit to the Website (“Transmit”) in connection with the Services (“User Content”). In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Services. IF YOU CHOOSE TO SUBMIT TO US TO MAKE PUBLICLY AVAILABLE, TO MAKE AVAILABLE TO OTHER USERS OF THE WEBSITE, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE OR AVAILABLE TO OTHER USERS OF THE WEBSITE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.

You shall comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services. You agree to provide complete and accurate information in connection with your use of the Services, including without limitation in any User Content you submit. You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) use the Services to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personal information, including e-mail addresses, about other users of the Services; (c) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Services; (e) interfere with the Services or servers or networks used in connection with the Services; (f) interfere with the ability of others to use the Services; (g) copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish create derivative works of, reverse engineer, assign, transfer or exploit for any commercial purposes, any portion of the Services, the Services Content or any User Content contained therein; (h) conduct your business using the Services in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) scrape or use any robot, spider, or other automatic device to train or develop any artificial intelligence or machine learning tool or to monitor, process or copy portions of the Services or the Services Content without our prior written permission; (j) include in any third party website any hypertext link to any page or location within the Services without our prior written permission; (k) mirror or display the Services or any portion thereof in frames or use metatages or any other “hidden text” that incorporates our trademarks or our name without our prior written permission; (l) impersonate any person or entity, including, but not limited to, other users of the Services, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make; or (m) use the Services or Website to develop a competing product or service.

You acknowledge and agree that we may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) providing the Services; (b) enforcing these Terms; (c) complying with any laws, regulations or rules of any federal, state or local government or agency; (d) responding to claims that any User Content violates the rights of third parties; or (e) protecting the rights or property of the Company, its customers or the public. With respect to User Content that you make publicly available in connection with the Services, you hereby grant to the Company a non-exclusive, transferable, irrevocable, perpetual, sub-licensable, royalty-free, worldwide license, without any compensation to you, to reproduce, distribute, publicly display, store, archive, prepare derivative works of, and otherwise use and disclose your User Content, and to grant sublicenses of the foregoing rights, for our lawful business purposes, including without limitation to provide the Services, improve and develop the Services, enforce our rights under these Terms, and as otherwise set forth in these Terms and in the Company’s Privacy Policy. For clarity, the foregoing license includes any logos, trademarks, trade names and other similar identifying material that you provide through the Services. Such license will survive termination of this Agreement. As between the parties, we own all right, title, and interest in and to all intellectual property rights in all materials, products or services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how and expertise relating to such information.

The Company does not and cannot review all User Content posted to the Services, or created by users accessing the Services, and is not in any manner responsible for the content of any User Content. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Services, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Services. However, the Company reserves the right to block, remove, move or edit any of the submissions in its sole discretion.

Separate and apart from the User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about the Company, the Website or our products or services (collectively, “Feedback”) to marketing@biobridges.com. Feedback is nonconfidential. The Company shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby grant to the Company a worldwide, perpetual, irrevocable, transferrable, royalty-free non-exclusive license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Feedback without any attribution or compensation to any party, although the Company is not required to use any Feedback.

11. LINKED SERVICES

Links to Other Websites. If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The inclusion of any link to such third-party sites does not imply endorsement by us of those sites, we have no control over the content of those sites or resources, and we do not accept any responsibility for any third-party website or for any loss or damage that may arise from your use of them. Following any link to any other off-site page or third-party site is at your own, sole risk. These Terms do not address the policies or practices of any third-party sites, and you should review the terms of service and privacy policies governing such sites before using them, as you are solely responsible for complying with such terms and conditions and privacy policies.

12. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and its and their respective officers, directors, employees, agents and representatives (collectively, “Indemnitees”) from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals (collectively, “Claims”), made by any third party, relating to or arising from your use of the Services, any User Content that you Transmit to or through the Services, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Services.

13. AVAILABILITY AND FEATURES

Availability and features of the Services are subject to change without notice. We reserve the right to withdraw or amend the Services and the Services Content, in our sole discretion and without notice. From time to time, we may restrict access to some or all of the Website or Services. We will not be liable if, for any reason, all or any part of the Website or Services is unavailable at any time or for any period.

You acknowledge and voluntarily and expressly accept that your use of the Website and Services is made under your sole and exclusive responsibility and at your sole risk.

You are responsible for making all arrangements necessary for you to have access to the Website and Services. You also are responsible for ensuring that all persons who access the Website and Services through your internet connection are aware of these Terms, and that they comply with them.

14. TERMINATION

You acknowledge and agree that the Company may terminate your access to and use of the Services for any reason, including, without limitation, for convenience or for your violation of these Terms. You agree that we may terminate your access to and use of the Services without prior notice and without any liability to you or any third party. You acknowledge and agree that we may modify, limit, suspend or discontinue the Services or any part of the Services at any time, without notice or liability to you. We may also, from time to time, establish general rules and policies regarding use of the Services. We will post such rules and policies on the Services, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Services. We shall have no liability or responsibility with respect to any lost Services Content, User Content, or other data, such as the deletion of or failure to store Services Content, User Content, or other data. All provisions of these Terms that by their nature should survive termination of your right to access and use the Services shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses granted to the Company). We reserve the right to, but have no obligation to, store or keep copies of any Services Content, User Content, or other information, unless otherwise required by law or court order.

15. DISCLAIMER OF WARRANTY

THE COMPANY IS PROVIDING THE SERVICES AND SERVICES CONTENT AND ALL FEATURES OF THE SERVICES AND SERVICES CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND SERVICES CONTENT IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR SERVICES CONTENT WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. THE COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS, QUALITY, SAFETY, OR LEGALITY OF THE SERVICES OR SERVICES CONTENT, AND THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES OR SERVICES CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND SERVICES CONTENT. ANY SERVICES CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, OR ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), UNDER STATUTE OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF EMPLOYMENT OPPORTUNITIES, DISCRIMINATION, RETALIATION, FAILURE TO ACCOMMODATE, NEGLIGENT HIRING, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (1) THE USE OF OR INABILITY TO USE THE WEBSITE, ANY SERVICES OR SERVICES CONTENT, OR THE USER CONTENT; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES, ANY SERVICES CONTENT, AND/OR ANY USER CONTENT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THESE TERMS, THE SERVICES, ANY SERVICES CONTENT, OR ANY USER CONTENT. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF THE COMPANY AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH CLAIM. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES IN ACCORDANCE WITH THESE TERMS, THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

17. TIME LIMITATION ON CLAIMS

NO ACTION ARISING UNDER THIS AGREEMENT MAY BE BROUGHT AT ANY TIME MORE THAN TWELVE (12) MONTHS AFTER THE FACTS OCCURRED UPON WHICH THE CAUSE OF ACTION AROSE.

18. BINDING CONFIDENTIAL ARBITRATION AND CLASS ACTION WAIVER

YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING CONFIDENTIAL ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. You and the Company agree that any in-person arbitral hearing shall take place in the United States, and will occur in Wake County, North Carolina, or if you can demonstrate that arbitration in such locations would create an undue burden to you, then the arbitration may take place in the same state as you reside (provided that you reside in the United States). The Company further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

REGARDLESS OF THE FORUM, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

This arbitration and class action waiver provision shall survive termination of these Terms and the termination of your use of the Services.

19. GOVERNING LAW AND JURISDICTION
These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in the United States, shall not apply. Subject to Section 18 (Binding Confidential Arbitration and Class Action Waiver), the exclusive forum for the resolution of any dispute relating to these Terms shall be the state and federal courts of Wake County in the State of North Carolina, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by e-mail to the address you have submitted on the Services, if any, and by any other means permitted by law.

20. NOTICE

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to the Company at the following contact: marketing@biobridges.com.

Any notices to you may be made via either e-mail or postal mail to the address in the Company’s records or via posting on the Services.

Please report any violations of these Terms to us at the contact listed above.

21. SUMMARY OF FEDERAL FAIR CREDIT REPORTING ACT COMPLIANCE

The information requested by the Company and provided by HireRight or any other third party background reporting agency may be classified as a "consumer report" and "investigative consumer report" governed by the Federal Fair Credit Reporting Act (FCRA). The FCRA provides protections and responsibilities to those who use information (the Company), those upon whom the information is about (Monitors) and those who provide information (HireRight). You can find complete text of the FCRA 15 U.S.C 1681-1681u at the Federal Trade Commission web site (http://www.ftc.gov). If you have questions regarding your report, contact HireRight, Inc. 2100 Main Street, Suite 400, Irvine, CA 92614 phone 800.400.2761.

APPLICANTS:
You may request a copy of your Consumer Report and/or Investigative Consumer Report held by the Company in writing via postal mail:

BioBridges, LLC
Attn: MonitorForHire.com
2701 Aerial Center Pkwy, Suite 120
Morrisville, NC 27560
E-Mail: marketing@biobridges.com

22. MISCELLANEOUS

You may not assign, sublicense or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Headings in these Terms are for convenience only and shall have no legal meaning or effect. These Terms, and not the conduct between us or any trade practice, shall control the interpretation of these Terms between the parties respecting the Services. The Company’s failure to enforce a particular provision of these Terms does not mean that the Company waives the right to enforce it in the future; the Company shall waive such a right only in writing.

These Terms and all other written agreements, including any Independent Contractor Agreement or Services Agreement, duly executed between you and the Company in connection with your use of the Services (such other written agreements, “Other Agreements”) constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made. In the event that there is a conflict between these Terms and Other Agreements, the terms of the Other Agreements shall control.