Buddy EULA - Klean Kars

KLEANKARS, INC.

KleanKars Buddy Mobile Application End User License and Independent Contractor Agreement

Effective Date: May 24, 2017

Last Modified: May 24, 2017

This KleanKar Customer Mobile Application End User License Agreement (“Agreement”) is a legally binding agreement between you (“End User” or “you”) and KleanKars, Inc. (“Company”). This Agreement governs your use of the Company’s KleanKars customer mobile application on any computer, smartphone or other mobile device/platform (including all related documentation, the “Application”) and any and all content, functionality, and products and services offered on or through the Company’s websites and mobile applications. The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON AND/OR DOWNLOADING AND USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU (A) HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY (I) THIS AGREEMENT AND ITS TERMS; (II) THE KLEANKARS TERMS OF USE (FOUND AT http://kleankars.com/terms ); (III) THE KLEANKARS PRIVACY POLICY (FOUND AT http://kleankars.com/privacy ); AND (IV) THE KLEANKARS COPYRIGHT POLICY (FOUND AT http://kleankars.com/copyright ) (WHERE THE POLICIES IDENTIFIED IN SUBSECTIONS ((II), (III) AND (IV) ARE ALL INCORPORATED HEREIN BY REFERENCE IN THEIR ENTIRETY AND CAN BE FOUND BY CLICKING THE LINKS CONTAINED HEREIN); (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND HAVE THE LEGAL CAPACITY TO ENTER INTO A LEGALLY BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT, AND THE TERMS OF USE, PRIVACY POLICY, AND COPYRIGHT POLICY, AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS AND THEIR TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE.

License Grant

Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, revocable, and nontransferable license to:

download, install, and use the Application for your limited personal use (as set forth below) consistent with this Agreement on a single computer, smartphone, or other mobile device owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation; and
access, download, and use on such Device the Content and Services (as defined in Section 5 below) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Company’s Terms of Use (found at http://kleankars.com/terms), Privacy Policy (found at http://kleankars.com/privacy), and Copyright Policy (found at http://kleankars.com/copyright) applicable to such Content and Services as set forth in Section 5 below; and Furthermore, the Company reserves the right, in its sole discretion, to add, remove, suspend (for any length of time or indefinitely), or otherwise modify your registration and use of the Application as a KleanKars Customer and the KleanKars services offered throughout the United States for any and all reasons with or without notice

License Restrictions

Licensee shall not:

copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works, modifications, or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one Device at any time;
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
1. Reservation of Rights
Collection and Use of Your Information
Content and Services.
Geographic Restrictions
Updates
the Application will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
Third-Party Materials
Independent Contractor Terms and Conditions.
Retention of You as a “KleanKars Buddy”.Company hereby engages you, in a non-exclusive capacity, as an independent contractor to perform certain automobile vehicle cleaning and detailing services, as more fully set forth in our training videos and materials, on our website, and on the Application. You may operate, unless otherwise directed by Company, with the designation of “KleanKars Buddy” (or such other designation approved by Company) in performing the services.
Your “KleanKars Buddy” Obligations.You hereby represent and warrant to Company the following:
- You will perform services with due diligence on a best efforts basis, in a safe, friendly, professional and workmanlike manner, and diligently devote such amount of time each week during the term of this Agreement that is necessary to perform all services in strict compliance with the terms and conditions of this Agreement and the Company’s Terms of Use and Privacy Policy, and any other written policies and procedures the Company has or may adopt from time to time. Furthermore, you will watch and understand all requisite training videos provided to you on the Company’s Application prior to your commencement of any services hereunder, and you will (A) only use company-provided products, supplies, and equipment (which will be provided to you by the Company, pursuant to our procedures and in our sole discretion) and (B) diligently observe Company-approved techniques (including, but not limited to, cleaning procedures and chemical dilution ratios), in servicing KleanKar customers hereunder. In the Company’s discretion, you may be required to undergo additional training. The Company reserves the right to suspend and/or terminate your access to and use of the Application pending your completion, to the Company’s satisfaction, of any and all training or re-training efforts.
- You will conduct all activities related to the services performed hereunder in accordance with all of the following: (A) applicable federal, state, and local laws, statutes, rules, regulations, and codes; (B) professional and commercial standards generally observed in the industry for similar services; (C) the training videos and other training materials as provided on the Company’s Application (in order to maintain the level of service and expectations KleanKars’ customers expect regarding quality, timeliness, and consistency); and (D) Company’s applicable policies and procedures that have been provided to you in writing.
- Your performance of services hereunder does not directly or indirectly breach, violate, or infringe on any agreements, covenants, restrictions, understandings, patents, copyrights, tradename, trade dress, rights, trademarks, or licenses you may have with any third party, and you are not utilizing, employing, or otherwise using any third party materials in your performance of services hereunder that would constitute, directly or indirectly, the theft or misappropriation of any third parties’ trade secrets and/or confidential or proprietary information.
- You fully acknowledge, understand, and agree that in performing services hereunder, you will be provided information proprietary to the Company and engage with customers, suppliers, vendors, strategic affiliates, and/or other associates (regardless whether current, former, or prospective) of Company (collectively, “Company Associates”); and, as a result and for valuable consideration provided to you hereunder (the receipt and sufficiency of which are hereby acknowledged), you shall not circumvent or go around (or attempt to circumvent or go around), compete with (or attempt to compete with), offer (or attempt to offer), or provide (or attempt to provide) any services, products, or applications similar to those of KleanKars’ Application to any third party, whether or not such uses any of Company information or its Company Associates, during the term of this Agreement plus an additional period of three years after the termination, cancellation, or expiration of this Agreement anywhere in the United States or other location in which KleanKars does, or plans to, operate. For the avoidance of doubt, you will not (i) compete with, engage in, or be a part of, directly or indirectly, a business similar to that of the Company’s Application; or (ii) discuss, negotiate, execute, or consummate any agreement, transaction, or other undertaking with a third party (or otherwise become involved with a third party), nor shall you directly or indirectly assist any third person or entity to so compete, circumvent, by-pass, avoid, or otherwise go around the Company’s Application (whether for your own benefit or the benefit of any third party or other entity) in any undertaking similar to the Company’s Application and its products or services or with respect to a concept similar to such during the term of this Agreement plus an additional period of three years after the termination, cancellation, or expiration of this Agreement anywhere in the United States or other location in which KleanKars does, or plans to, operate. As such, you covenant that any financial gain made by you, or any associated party, from a breach of this section will be held in trust for the Company’s benefit and then be transferred to a nominated account of the Company. This clause does not affect the Company’s ability to pursue any other damages, at law or in equity, should the covenants contained herein be violated in anyway. Furthermore, you acknowledge that the terms, scope, timeframe, and geographic restrictions contained in this section are fair, reasonable, and necessary to protect the interests of the Company and expressly agree to such limitations and restrictions.
- You will not use any products, supplies, equipment, or other goods and services provided by the Company and/or its Application for personal use or for any use or reason whatsoever (regardless if for personal or commercial use) that is not directly related to the fee-generating servicing of KleanKars customers obtained through the Application. Furthermore, you are responsible for cleaning and washing any and all towels, rags, and other cleaning supplies provided to you by Company so that such are properly washed and cleaned before use with each KleanKars customer order. With respect to any equipment and other products provided to you by Company, you shall adequately care for and maintain such in good and proper working condition so that each such piece of equipment (such as, the vacuum cleaner) works properly and effectively and is not lost, destroyed, stolen, or otherwise damaged. You are and remain responsible for any lost, destroyed, stolen, or otherwise damaged products, supplies, equipment, or other materials that Company provided to you, except for such that is attributed to ordinary wear and tear. Furthermore, you understand and acknowledge that the cleaning products used by Company are manufactured and owned by third parties and not the Company and, as a result, we have no control over such third party products (including, but not limited to, such third-party products’ chemicals, composition, ingredients, allergic interactions, or other affects such may have upon users of any such third-party products). We are not responsible or liable for any matters related to third party products, and you agree that any issues you may have with such third party products will be solely directed against the third party product manufacturer(s). You further agree to hold us harmless and hereby release us from any and all claims, damages, causes of action, injury, harm, and any other matters whatsoever related to any third party products.
- With respect to any disputes (including, but not limited to, over the scope of work performed, quality of work performed, cancellation, etc.) between you and a KleanKars customer, you hereby acknowledge and agree that the Company shall have final authority to decide and determine the outcome of any such dispute as between you and the customer and you agree to abide by such decision of the Company.
- Any and all information you provide to the Company, whether during or after the KleanKars Buddy registration process, is correct, true, accurate, and complete, including, but not limited to, your current address, contact information, identification information, documentation, age, and other requested information.
Company’s Obligations. Company shall reasonably work with you and respond to all reasonable requests and questions to assist you in accomplishing the services under this Agreement. Pursuant to the terms of this Agreement, the Terms of Use, and the Privacy Policy, Company shall reasonably support and cooperate with you in any manner reasonably necessary, in its sole discretion, in assisting you and aiding the facilitation of the performance of services hereunder, including the provision of: (i) the Application, (ii) pre-approved and permitted products and supplies required to perform services hereunder, (iii) training videos and other materials found on the Application, and (iv) such other support services as deemed necessary by the Company, in its sole discretion. To that end, however, although Company endeavors to respond and provide in a timely manner, Company is not liable or responsible for any delays or failures, whether caused by Company, a third party, or an act of God, related to providing you with any services, products, supplies, materials, equipment, or the Application or its functionality.
Your “KleanKars Buddy” Fees; Payment Terms. As full and complete compensation for the services to be performed by you and for the rights granted and assigned hereunder and elsewhere, Company shall pay you, by depositing into the bank account you provided during the KleanKars Buddy registration process, SEVENTY PERCENT (70%) of the KleanKars customer fees (where such calculation excludes the booking charge paid to the Company) actually received by the Company for any KleanKars customers’ services orders you performed using our Application. Such portion of fees earned shall be deposited on a weekly basis, or such other time interval in the discretion of Company. In the event you are unable to perform services as set forth under this Agreement or our Terms of Use to the satisfaction of Company (in our discretion), Company shall have no obligation to pay you and will not be liable to pay (or to continue to pay) you any fees hereunder. In order to receive your fees pursuant to this Agreement and avoid the No Service Fees (as defined below), in every seven-day period you must either (i) perform services for at least one KleanKars customer using the Application, or (ii) be logged in, online, and fully available to service KleanKars customer orders on the Application for at least twenty (20) hours in such seven-day period between the hours of 7 AM to 7 PM. Because of the costs and expenses that Company incurs by providing you with supplies, materials, products, and equipment, as well as other costs and expenses provided to each KleanKars Buddy, if you do not satisfy either of the conditions set forth above in this subsection in a timely manner, Company is authorized to charge you twenty U.S. dollars ($20) per each and every week you are not in compliance with this subsection up to a maximum amount of no more than two hundred U.S. dollars ($200) (the “No Service Fee”), where such No Service Fee may, in Company’s discretion, be either deducted, setoff, or withheld from any fees due and owing to you from the Company or may be automatically deducted and withdrawn from the bank account you provided to the Company during the KleanKars Buddy registration process (and you hereby expressly authorize and consent to such deductions and withdrawals by agreeing to this Agreement). However, the No Service Fee will be waived and no longer applies once you have performed FORTY (40) services for KleanKars customers using the Application. Payment of fees is under no circumstances subject or conditioned by the delivery of future products, functionality, or use of the Application.
Independent Contractor Status; No Authority; Taxes. You shall be, and you acknowledge, understand, and agree that the relationship between you and us is one of an independent contractor with respect to the performance of all services hereunder or otherwise, and you are not (and will not) be deemed for any purpose to be an employee, agent, partner, joint venture, servant, or representative of Company in the performance of any services (or part thereof) or otherwise. The services contemplated herein shall meet the approved standards of Company and comply with its training, techniques, policies, and procedures and use only Company provided products, supplies, and equipment; however, the actual performance of all services hereunder shall be performed solely by you under your methods, direction, and control. You acknowledge, understand, and agree that you may not enter into any agreement, binding or otherwise, on behalf of Company. You are not authorized, nor may you allow any third party, to incur any obligation, promise, or commitment as agent for, or otherwise on behalf of, Company, and you are not authorized to enter into any contract, instrument, or agreement on behalf of Company or to otherwise bind Company in any manner. Company will not withhold and you will have sole responsibility for reporting and payment of (i) all of your federal, state, local, and other income taxes; (ii) all employment and other employment-related taxes and withholdings; (iii) all disability and disability-related taxes and withholdings; (iv) all social security and other welfare-related taxes and withholdings; and (v) all other taxes, withholdings, and insurance, whether or not specifically mentioned herein. Company shall not be liable to you for any separation allowances; termination benefits; severance pay; fringe benefits; pension benefits; medical, life, disability or other insurance protection (including, but not limited to, workers’ compensation); social security payments; or any other such items, whether or not specifically mentioned herein. You shall have no paid-time off, vacation leave, or sick leave benefits under this Agreement or any other agreement between us and you. For the avoidance of doubt, you agree to pay any and all taxes. You are solely responsible for determining which taxes apply to your use of the Application and for the performance of services thereunder and for collecting, remitting, reporting, and paying the correct amounts of all such taxes to the applicable governmental authorities, even if we provide you with tools that assist you in doing so. In the event that a governmental authority requires us to pay any taxes attributable to your use of the Application or services performed thereunder, you agree to defend, indemnify and hold Company and its affiliates, owners, members, managers, officers, attorneys, accountants, and directors harmless from all such taxes and all costs and expenses related thereto.
Work For Hire. You acknowledge, understand, and agree that any and all materials and information including, but not limited to, presentations, sales, marketing, methods, lists, names, customers, vendors, partners, strategic affiliates, techniques, and branding materials, whether protectable by law or not, prepared, created, made, used, or contributed by you hereunder, and your performance of services hereunder, are being specially requested, ordered, hired, and commissioned by Company for use in connection with the collective works and compilations of Company (collectively, the “Works”). Any and all intellectual property or other proprietary information, including derivative works thereof, made, created, or prepared by you in relation to this Agreement or provided to Company by you under this Agreement are the property of and owned by Company, including, but not limited to, any and all trademarks, tradenames, trade dress, trade secrets, copyrightable works, patentable works, business methods, vendor lists, strategic models, techniques, procedures, and customer lists and are expressly included in the term Works as used herein. For the avoidance of doubt, any and all of your Works shall be considered “work made for hire” as defined by the copyright laws of the United States of America. Company shall be the sole and exclusive owner and copyright proprietor of all rights and title in and to the results and proceeds of such Works and of your services performed hereunder in whatever stage of completion, including derivative works thereof. If for any reason the results and proceeds of your services hereunder are determined at any time not to be “work made for hire,” you hereby irrevocably transfer and assign a perpetual, royalty-free, worldwide, fully paid-up license to Company in all rights, title, and interests therein, including all copyrights, trademarks, tradenames, trade dress, patentable items and the like, as well as all renewals and extensions thereto. You agree that Company may publish, revise, and make any changes, alterations, or additions to the Works prepared by you, which Company, in its sole discretion, may consider necessary and may engage others to do any or all of the foregoing, with or without attribution to, notification to, further payment to, or any other consent being necessary from you. You further agree to waive any and all rights of paternity, integrity, disclosure, and withdrawal and any other rights that may be known as or referred to as “moral rights” in the Work. You represent that, except with respect to material furnished to you by Company, you are the sole author of any non-Company-related materials or Works you bring into this undertaking and all of such non-Company-related materials or Works are originals and are not an unauthorized copy (in whole or in part) of any other work; that your non-Company-related materials or Works are not infringing, libelous or obscene, or knowingly violates the right of privacy or publicity, or any other rights of any person, firm, or entity. Furthermore, at the termination, expiration, or cancellation of this Agreement, you will provide, or as applicable return, to Company the following: (i) any and all Works and other work products in a reasonably requested form, in the discretion of Company; (ii) any and all Company furnished equipment, materials, products, supplies, training items, and other things; and (iii) a signed certificate representing and warranting that any and all Works and other materials mentioned herein related to the Application have been either returned or destroyed and that you have indeed either returned or destroyed such and not retained any copies thereof, in any medium or form.
Term and Termination
The term of this Agreement commences when you register, download, and/or otherwise commence use of the Application and will continue in effect until terminated by you or Company as set forth in this Agreement or the Company’s Terms of Use.
You may terminate this Agreement by deleting the Application and all copies thereof from your Device; provided, however, that you acknowledge and remain responsible and liable for any surviving terms and obligations as contained in this Agreement and the Company’s Terms of Use or Privacy Policy.
Company may terminate this Agreement at any time without notice and for any reason. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement or the Company’s Terms of Use or Privacy Policy.
Upon termination: (i) all rights granted to you under this Agreement and the Terms of Use will also terminate immediately; (ii) you must cease all use of the Application and delete all copies of the Application from your Device and account; and (iii) return, at your expense, all products, supplies, equipment, and other materials provided to you by Company.
Termination will not limit any of Company’s rights or remedies at law or in equity.
Disclaimer of Warranties
Limitation of Liability.
PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, REPLACEMENT COSTS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN EXCESS OF THE AMOUNT OF FEES ACTUALLY RECEIVED BY YOU AS CONSIDERATION FOR THE KLEANKARS SERVICES GIVING RISE TO SUCH CLAIMS DURING THE SIX MONTH (6) PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE FIRST CAUSE OF ACTION AROSE.
Indemnification
Export Regulation; Compliance with Laws.
U.S. Government Rights.
Severability and Reformation.
Governing Law.
Limitation of Time to File Claims.
Entire Agreement; Hierarchy of Control.
Non-Waiver; Remedies Cumulative.
Knowledge.
Attorneys’ Fees.
Suspension.
Force Majeure.
No Third-Party Beneficiaries.
Interpretation; Headings; Construction.
Survival of Terms.
Non-Disparagement.
Injunctive Relief.
Press Releases or Public Information.
Additional Terms Related to Background Check.
SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT (FCRA). The Company has engaged Checkr, Inc. (“Checkr”) to obtain a consumer report and/or investigative consumer report on all KleanKars Buddies for certain employment purposes. Checkr will provide a background investigation as a pre-condition of your engagement with the Company and in compliance with federal and state employment laws. If you have any questions related to the screening process, please contact Checkr at applicant.checkr.com. Below is important information for you to read and understand with respect to the FCRA.
- The federal Fair Credit Reporting Act (“FCRA”) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
  - You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment – or to take another adverse action against you – must tell you, and must give you the name, address, and phone number of the agency that provided the information.
  - You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your “file disclosure”). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if: (1) a person has taken adverse action against you because of information in your credit report; (2) you are the victim of identity theft and place a fraud alert in your file; (3) your file contains inaccurate information as a result of fraud; (4) you are on public assistance; or (5) you are unemployed but expect to apply for employment within 60 days. In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information
  - You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender.
  - You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
  - Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.
  - Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.
  - Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need — usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.
  - You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.
  - You may limit “prescreened” offers of credit and insurance you get based on information in your credit report. Unsolicited “prescreened” offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).
  - You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
  - Identity theft victims and active duty military personnel have additional rights. For more information, visit www.consumerfinance.gov/learnmore.
- States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact: FTC Regional Office for region in which the creditor operates or Federal Trade Commission: Consumer Response Center – FCRA, Washington, DC 20580 (877) 382-4357.
- By clicking the “Agree” button and/or downloading and using the Application, you hereby acknowledge receipt of this Summary of Your Rights Under the Fair Credit Reporting Act (FCRA) and certify that you have read and understand this information contained herein.
DISCLOSURE REGARDING BACKGROUND INVESTIGATION.
- The Company may obtain information about you from a third party consumer reporting agency for employment purposes. Thus, you may be the subject of a “consumer report” and/or an “investigative consumer report” which may include information about your character, general reputation, personal characteristics, and/or mode of living, and which can involve personal interviews with sources such as your neighbors, friends, or associates. These reports may contain information regarding your criminal history, social security verification, motor vehicle records (“driving records”), verification of your education or employment history, or other background checks. You have the right, upon written request made within a reasonable time, to request whether a consumer report has been run about you, and disclosure of the nature and scope of any investigative consumer report and to request a copy of your report. Please be advised that the nature and scope of the most common form of investigative consumer report is an employment history or verification. These searches will be conducted by Checkr, Inc., 2505 Mariposa St. San Francisco, CA 94110 | 844-824-3247 | applicant.checkr.com. The scope of this disclosure is all-encompassing, however, allowing the Company to obtain from any outside organization all manner of consumer reports throughout the course of your employment to the extent permitted by law. Para información en español, visite www.consumerfinance.gov/learnmore o escribe al Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
- Disclosure Acknowledgment: By clicking the “Agree” button and/or downloading and using the Application, you hereby acknowledge receipt of this Disclosure Regarding Background Investigation and certify that you have read and understand this information.
ACKNOWLEDGMENT AND AUTHORIZATION FOR BACKGROUND CHECK.
- By clicking the “Agree” button and/or downloading and using the Application, you hereby acknowledge that you have received the information immediately above in this Section 31 entitled “DISCLOSURE REGARDING BACKGROUND INVESTIGATION” and “SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT” and you hereby certify that you have read and understand both of those provisions. You hereby authorize the obtaining of “consumer reports” and/or “investigative consumer reports” by the Company at any time after receipt of this authorization and throughout my employment, as applicable. To this end, you hereby authorize, without reservation, any law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, employer, or insurance company to furnish any and all background information requested by Checkr, Inc., 2505 Mariposa St. Floor 2, San Francisco, CA 94110 | 844-824-3247 | applicant.checkr.com. Furthermore, you hereby agree that an electronic copy of this Authorization shall be as valid as the original.
- The following information contains certain state-specific information for applicants in New York, Washington, Minnesota and/or Oklahoma, and California:
- New York applicants only:
- Washington State applicants only:
- Minnesota and Oklahoma applicants only:
- California applicants only:
- In person, by visual inspection of your file during normal business hours and on reasonable notice. You also may request a copy of the information in person. The CRA may not charge you more than the actual copying costs for providing you with a copy of your file.
- A summary of all information contained in the CRA file on you that is required to be provided by the California Civil Code will be provided to you via telephone, if you have made a written request, with proper identification, for telephone disclosure, and the toll charge, if any, for the telephone call is prepaid by or charged directly to you.
- By requesting a copy be sent to a specified addressee by certified mail. CRAs complying with requests for certified mailings shall not be liable for disclosures to third parties caused by mishandling of mail after such mailings leave the CRAs.