Boss Background Check

This Agreement is made by and between you and eBossWatch, subject to the following terms and conditions:

1. SERVICES PROVIDED: eBossWatch agrees to furnish to you civil and/or criminal records and other publicly-available and non-confidential background information ("Boss Report") on a potential manager, as requested by you. eBossWatch will use its best efforts to deliver the Boss Reports requested in an expeditious manner, however, eBossWatch shall have no obligation or liability to you for any delay or failure to deliver Boss Reports caused by the parties providing data or information to eBossWatch, or by any other third-party.

2. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY: The information obtained by eBossWatch is derived from databases and records that have been created and maintained by various government agencies, private companies, and other contributors that are not under the control of eBossWatch. Responsibility for the accuracy of the information contained in the Boss Report and these databases and records rests solely in the contributor. You waive any and all claim or claims against eBossWatch arising out of or related to the accuracy of the Boss Report, databases and records.

3. PAYMENT FOR SERVICES: You agree to pay eBossWatch the applicable charges for providing you with the Boss Report, as requested by you.

4. YOUR ACKNOWLEDGMENT OF COMPLIANCE WITH THE FAIR CREDIT REPORTING ACT: The Fair Credit Reporting Act (FCRA) governs the activities of Consumer Reporting agencies, as well as the users of the information procured from these agencies. A Consumer Report contains information on a job applicant/employee's character, reputation, and other personal data; therefore, use of such information is strictly regulated by the FCRA. Among other things, the FCRA prohibits employers from obtaining Consumer Reports unless the employer discloses to the applicant, in writing, that such a report may be acquired, and obtains the written authorization of the applicant/employee to inquire into this background information. The FCRA also requires employers to take additional steps when they make an employment decision based in whole or part on the background information. These steps are intended to give the applicant the opportunity to dispute any information contained in the background or Consumer Report.

eBossWatch urges all employers to review the restrictions and requirements of the FCRA. The Act's citation is Public Law 91-508, Title 15, U.S.C. Sections 1681, et seq. Please note, particularly, the Permissible Purposes of Reports, as well as requirements on Users of Consumer Reports and Obtaining Information Under False Pretenses.

. Employment Purposes: By agreeing to this document, you certify and confirm that you are requesting eBossWatch to provide screening services only for the purposes of evaluating a potential manager or potential employer. To remove any doubt, you certify that you are NOT requesting eBossWatch to provide screening services for the purposes of considering an individual for employment, promotion, reassignment or retention as an employee.

. Indemnification/Hold harmless: By signing this document, you acknowledge that you have read and understand the requirements of the Fair Credit Reporting Act, you agree that you will comply with all such requirements, and you agree that you shall defend, indemnify and hold eBossWatch, its directors, officers, employees, agents, successors and assigns, harmless from any and all claims, liability, costs or damages whatsoever arising out of or related to your failure to comply with the requirements of the FCRA. You further agrees that you shall defend, indemnify and hold eBossWatch, its directors, officers, employees, agents, successors and assigns, harmless from any and all claims, liability or damages whatsoever arising out of or related to the accuracy or use of the services or data provided under this Agreement.

5. ARBITRATION: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

6. ATTORNEYS FEES AND COSTS: In the event a dispute arises with respect to this Agreement, the party prevailing in such dispute shall be entitled to recover all expenses, including, without limitation, reasonable attorneys' fees and expenses incurred in ascertaining such party's rights, and in preparing to enforce, or in enforcing such party's rights under this Agreement, whether or not it was necessary for such party to institute suit or submit the dispute to arbitration.

7. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

8. WAIVER: The failure of either party to insist in any one or more cases upon the strict performance of any term, covenant or condition of this Agreement will not be construed as a waiver of a subsequent breach of the same or any other covenant, term or condition; nor shall any delay or omission by either party to seek a remedy for any breach of this Agreement be deemed a waiver by either party of its remedies or rights with respect to such a breach.

9. SUCCESSORS: This Agreement shall inure to the benefit of and bind the heirs, personal representatives, successors, and assigns of the parties.