ASPEN GROVE, INC.

TERMS FOR ASPEN iRECORD® SERVICE

THESE TERMS FOR THE ASPEN iRECORD® SERVICE (“SERVICE TERMS”) GOVERN ALL USE OF ASPEN iRECORD® SERVICES. THESE SERVICE TERMS ARE IN ADDITION TO, SUPPLEMENT AND ARE INCORPORATED INTO THE ASPEN CLOUD TERMS OF USE AND PRIVACY STATEMENT. PLEASE CAREFULLY READ THESE SERVICE TERMS BEFORE ACCESSING, ACTIVATING OR OTHERWISE USING ASPEN iRECORD® SERVICES. BY CLICKING THE “ACCEPT’ BUTTON WHEN YOU ORDER ASPEN iRECORD® SERVICES THROUGH ASPEN’S CLOUD, BOTH INITIALLY AND EACH TIME YOU PLACE AN ORDER, YOU RE-AFFIRM THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THE ASPEN CLOUD TERMS OF USE AND PRIVACY STATEMENT AND THESE SERVICE TERMS FOR YOURSELF AND/OR ON BEHALF OF ANY BUSINESS ENTITY FOR WHICH YOU MAY HAVE REGISTERED AN ACCOUNT. ON BEHALF OF YOURSELF AND ANY SUCH BUSINESS ENTITY, YOU ALSO AGREE TO BE BOUND BY THESE SERVICE TERMS, IN ADDITION TO THE ASPEN CLOUD TERMS OF USE AND PRIVACY STATEMENT, INCLUDING ASPEN’S PROCESSING AND USE OF ALL DATA COLLECTED BY ASPEN AS A RESULT OF USE OF ASPEN’S ASPEN iRECORD® SERVICES.

Capitalized terms in these Service Terms shall be as defined in the Aspen Cloud Terms of Use and Privacy Statement unless otherwise provided in these Service Terms.

A. ASPEN iRECORD® SERVICES. Aspen iRecord® Services solves the challenge facing employers who must comply with varying background screening requirements. Through its proprietary Aspen Technology, Aspen iRecord® Services facilitates employer credentialing and employee background screening by a consumer reporting agency (“CRA”) in compliance with Aspen’s proprietary, industry-recognized national standard (Aspen’s “Screening Compliance Standard”). As a result, Aspen iRecord® Services eliminates costly multiple screening of individual employees who provide services in the field while maintaining point of service proof of compliance with Aspen’s Screening Compliance Standard through Aspen iMobile® Services. Aspen iRecord® Services also enable online work order and vendor network management, record-keeping and reporting and such additional services that may be included from time to time. Aspen’s Screening Compliance Standard is implemented by third party consumer reporting agencies as defined by the Fair Credit Reporting Act (the “Background Screening Suppliers”) through Aspen’s Cloud.

B. INITIATING ASPEN iRECORD® SERVICES. To use Aspen iRecord® Services, you must first register and create an Account on Aspen’s Cloud and agree to be bound by the Aspen Cloud Terms of Use and Privacy Statement and these Aspen iRecord® Service Terms. You will then be directed to select one or more of the Background Screening Suppliers. Each Background Screening Supplier will deliver to you its background screening package which will include a variety of informational documents, forms, certifications and agreements. To be credentialed by a Background Screening Supplier, you are required to fully complete the various documents in the background screening package, including agreeing to all terms and conditions set forth in the Background Screening Suppliers’ agreements and certifications. When you are credentialed, you will be permitted to use Aspen iRecord® Services to order from a Background Screening Supplier, background screening reports on your employees (“Reports” or “Consumer Reports”). Only upon direct consent and written authorization from a candidate/employee, will Aspen allow a user to view a rating/score that was applied by the CRA.

PLEASE NOTE THAT ASPEN IS ONLY THE EMPLOYER’S AGENT IN CONNECTION WITH ITS FACILITATION OF EMPLOYEE BACKGROUND SCREENING THROUGH ASPEN iRECORD® SERVICES. ASPEN IS NEITHER AN EMPLOYER NOR A CONSUMER REPORTING AGENCY.

Aspen collects and stores certain Personal Information that you provide in connection with Account registration. Social Security Numbers and photographs will also be collected with respect to certain of the Aspen iFamily ^® services, such as Aspen iRecord®, in connection with a Background Screening Supplier’s performance of background screening. By providing Personal Information in connection with Account registration, you are certifying to Aspen that each individual whose Personal Information you provide has consented in writing to the collection, scoring, and sharing of his or her Personal Information as described in this Agreement. You may be required to affirm this certification in connection with your use of certain of Aspen’s Cloud Services such as Aspen iRecord®. Aspen does not access background screening reports ordered through Aspen iRecord® with respect to the individual employees who are the subjects of the report. Instead, Aspen will only maintain an individual’s compliance rating/score resulting from each background check company’s application of the Screening Compliance Standard after an individual has given express written direction and consent for the scoring and sharing of such information. Such consent will outline the specific entities with whom such information may be shared. Aspen employs third parties to perform or offer services on its behalf, such as reputable service providers who store your credit card information, process your credit card payments or others who assist Aspen in maintaining and supporting Aspen’s Cloud and/or its provision of Aspen’s Cloud Services. Such third parties will have access to Personal Information as necessary to perform their services.

C. ASPEN iRECORD® USER RESPONSIBILITIES. You hereby represent, warrant, certify and agree to the following:

1. You will only order Reports for “employment purposes,” as defined by the Fair Credit reporting Act 15 USC 1681 et.seq. (“FCRA”) for the evaluation, assignment, promotion, reassignment or retention of existing employees (which includes independent contractors you have engaged) and you will never use the Reports for any other purpose.

2. Before you order a Report, you will execute an agreement with the Consumer Reporting Agency you have identified as the source of the Report within the Aspen iRecord® Service. No information will be shared with Aspen iRecord® or through Aspen iRecord® unless or until an employee provides express written consent to share such information. Such consent must indicate the level of sharing in and from the Aspen iRecord® system.

3. Before you order a Report with respect to an employee using Aspen iRecord® Services, you will give the employee a written disclosure consisting solely of the disclosure, that clearly and conspicuously notifies the employee that a Report may be obtained for employment purposes, that complies at all times with applicable law.

4. In addition to the written disclosure mentioned above, you will obtain each employee’s written consent, expressly authorizing you to obtain a Report before you order a Report through Aspen iRecord® Services.

5. If legally required by the law in your state, you will also ask the employee if he/she would like a copy of the Report.

6. You will never charge the employee for the cost of the Report or offset the cost against the employee’s compensation in any way.

7. You will take necessary precautions to securely store any Reports, should you have any in your possession or control, as well as any information contained in any Reports, including without limitation any compliance scores/ratings resulting from application of Aspen’s Screening Compliance Standard by any Background Screening Suppliers, under lock and key, encrypted and/or password protected, and ensure Reports are accessible only to key personnel who have a need to know the Report contents for permissible employment purposes, all in accordance with applicable law. You will keep copies of the disclosure described in this Part C.3. and the written consent described in this Part C.4 for at least 5 years.

8. Before you take any adverse action against an employee based on the results of a Report, you will ensure that the applicable employee is given:

a. a copy of the Report, and

b. a written description of the rights (“FCRA Summary of Rights”) the employee has under the FCRA as made available by the Consumer Financial Protection Bureau (“CFPB”)) or applicable state laws. You should have received a copy of the FCRA Summary of Rights in the Background Screening Supplier Packet but you may also obtain it directly from the CFPB website ( http://www.consumerfinance.gov/).

Although others, such as Aspen acting as your agent or your Background Screening Supplier, may handle this on your behalf, because you are the employer of the individual, you are ultimately responsible for ensuring that the individual who is the subject of the Report receives these materials or this information.

9. After the applicable employee has received a copy of the Report and the FCRA Summary of Rights, the applicable employee must also be provided a reasonable amount of time to dispute the accuracy and completeness of the information in the Report before you take any action against an employee based on the Report. Generally, the Federal Trade Commission has opined that a reasonable amount of time is not less than 5 working days. You further agree to notify the employee of his or her right to appeal any Background Screening Supplier’s application of the Screening Compliance Standard. Such an appeal may be processed by the employee directly with the Industry Working Group Appeals Committee.

10. If you do take any final adverse action with respect to an employee based on any information in a Report, you will give the employee (or ensure that the employee is given) all of the following:

a. Notice of the adverse action;

b. The name, address and toll-free telephone number of the specific Background Screening Supplier which prepared the Report;

c. A statement that the decision to take the adverse action was not made by either Aspen or the Background Screening Supplier. Therefore neither Aspen nor the Background Screening Supplier is able to give the employee the specific reasons why the adverse action was taken;

d. Notice of the employee’s right to obtain a free copy of the Report from the specific Background Screening Supplier who prepared the Report if requested by the employee within 60 days of receiving the notice;

e. Notice that the employee has the right to dispute the accuracy or completeness of any information in the Report with the Background Screening Supplier who prepared the Report; and

f. Notice that the employee has the right to appeal, to the Industry Working Group Appeals Committee, the rating/score calculated by the Background Screening Supplier when applying the Screening Compliance Standard.

11. You will never use any information contained in a Report in violation of any applicable state or federal equal opportunity or privacy law or regulation.

12. You understand and acknowledge that the laws with respect to employee background screening vary widely state to state and even city to city. You agree to comply with all the variations in these laws that apply to you, some of which are included in the Background Screening Supplier Packet. For example, California law requires that you give the employee:

a. the name, address and telephone number of the Background Screening Supplier when you obtain the employee’s consent to order the Report; and

b. a summary of his or her rights under California Civil Code Section 1786.22.

New York is another example of state law variations. Among other things, New York law requires you to consider whether there is a direct relationship between a criminal offense disclosed in a Report and the type of employment based on 8 factors. New York law also requires that the employer post a copy of New York Correction Law Article 23-A in the workplace.

The foregoing discussion of California and New York law is intended only as an example of the variations in the background screening laws from state to state and not a complete discussion of your obligations and duties with respect to California, New York or any other state law.

13. You are the end-user of the Reports and will not: (a) resell, market, sublicense, deliver, display or otherwise distribute a Report or any information contained in a Report to anyone other than the individual who is the subject of the Report, or (b) use the Report to create your own database of Reports or your own database of information to be able to sell Reports.

14. You will comply with all applicable federal, state and local laws, rules and regulations as amended from time to time with respect to ordering and use of the Reports, antidiscrimination, privacy and security, including without limitation, the FCRA, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Gramm-Leach-Bliley Act and the Driver’s Privacy protection Act of 1994 with respect to each driving record information or motor vehicle report you order from a Background Screening Supplier.

Aspen may impose additional requirements on you to comply with changes in laws, regulations or as required under the circumstances. You agree to comply with all such additional requirements once you have received notice of them. If additional costs or fees are required to comply with the additional requirements, you agree that Aspen may pass those fees through to you. Additionally, Aspen may mask or stop providing you access to certain services or portions of services it deems to be sensitive or restricted information due to legal, regulatory or other required obligations.

YOU AGREE THAT (i) EACH TIME YOU ORDER A REPORT YOU ARE REAFFIRMING EACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, CERTIFICATIONS AND AGREEMENTS AS WELL AS THOSE SET FORTH IN EACH AGREEMENT YOU ENTER INTO WITH THE BACKGROUND SCREENING SUPPLIERS; (ii) YOU HAVE THE SAME DUTIES AND OBLIGATIONS TO ASPEN AS YOU HAVE TO BACKGROUND SCREENING SUPPLIERS AS SET FORTH IN EACH BACKGROUND SCREENING SUPPLIER AGREEMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE; AND (iii) YOU HAVE DIRECT KNOWLEDGE OF THE FACTS ABOUT WHICH YOU ARE MAKING THE CONTINUING CERTIFICATIONS AND ARE AUTHORIZED TO MAKE THE CERTIFICATIONS.

D. INDEMNIFICATION. You agree to defend, indemnify and hold harmless the Aspen Parties from any loss, liability, damages, fees, costs, claims, penalties or demands, including costs of investigation and reasonable fees of attorneys and other professionals and any interest thereon, due to, arising out of, alleging or related to death, personal injury (including emotional distress), bodily injury or damage to any real or personal property, incurred by any individual who may be the subject of a Consumer Report (as defined by the FCRA), or any tenant or owner of or visitor to any properties as a result of or in connection with anyone accessing Aspen’s Cloud and/or using Aspen’s Cloud Services by or on your behalf, through your Account or using your Security Credentials.

E. DISCLAIMERS.

ASPEN IRECORD® SERVICES MERELY FACILITATE YOUR ABILITY TO MANAGE YOUR EMPLOYEE SCREENING, WORK ORDERS AND VENDORS. YOU (AND NOT ASPEN) ARE THE EMPLOYER OF THE INDIVIDUALS UPON WHICH YOU ORDER EMPLOYEE SCREENING; ASPEN ONLY SERVES AS YOUR AGENT IN FACILITATING THE PROCESS ELECTRONICALLY. ASPEN DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND LIABILITIES WITH RESPECT TO ASPEN IRECORD® SERVICES AND YOUR USE THEREOF, WHETHER EXPRESS, IMPLIED OR IMPOSED BY OPERATION OF LAW, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR COURSE OF CONDUCT. YOU AGREE THAT ASPEN IRECORD® SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR ACCESS TO AND USE OF ALL OR ANY PART OF ASPEN IRECORD® SERVICES IS AT YOUR SOLE RISK. ANY INFORMATION OR GUIDANCE ACCESSED THROUGH ASPEN’S CLOUD AND/OR CONTAINED WITHIN OR PROVIDED THROUGH ASPEN’S CLOUD SERVICES, INCLUDING WITHOUT LIMITATION ANY TRAINING, IS PROVIDED SOLELY AS A COURTESY AND IS NOT LEGAL ADVICE OR COUNSEL. ASPEN EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES AND ANY LIABILITY WITH RESPECT TO ANY INFORMATION OR GUIDANCE PROVIDED. EXCEPT AS EXPRESSLY MANDATED BY LAW, IN NO EVENT SHALL ANY OF THE ASPEN PARTIES (AS DEFINED IN SECTION D ABOVE) BE LIABLE TO YOU, THE SUBJECT OF ANY CONSUMER REPORT OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, BUSINESS, GOODWILL OR LOSS OF USE, EVEN IF ASPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

F. LIABILITY LIMITS.

IN NO EVENT SHALL THE LIABILITY OF ALL OR ANY OF THE ASPEN PARTIES EXCEED FEES ACTUALLY RECEIVED BY ASPEN FROM YOU AS A RESULT OF YOUR USE OF ASPEN IRECORD® SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM OR $100, WHICHEVER IS LESS. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN ASPEN AND YOU. ASPEN’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST ASPEN WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOUR LEGAL RIGHTS WITH RESPECT TO THE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT MAY VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS/DISCLAIMERS MAY NOT APPLY TO YOU.

If you have any questions about the Aspen iRecord® Services please email info@aspengrovesolutions.com .