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EMPLOYERS TERMS AND CONDITIONS

Welcome to the Checkster website. By using the Site and Services as an employer, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("User Agreement") and our Privacy Policy. Users bound by the terms and conditions of this User Agreement shall include, but not be limited to, any organization, company, individual or other legal entity seeking to obtain Checkster Reports ("Reports") from peers and employers concerning current or potential employees. We may revise this User Agreement and Privacy Policy at any time without notice to you. Posting amended terms on this website, and your use of the website and or services following such posting will constitute acceptance by you of such changes. This User Agreement describes the terms and conditions under which you and/or your organization or company can use our website and services and what to expect from us. In the event of an inconsistency between the User Agreement and the Privacy Policy, the User Agreement shall control. If you object to anything in this User Agreement or to the Checkster.com/Checkster LLC Privacy Policy, you may not use or access the Services or Website. Nothing in the User Agreement shall be deemed to confer any third-party rights or benefits.

1.	Description of Services Checkster LLC is an online service, enabling organizations and individuals to gather confidential feedback Reports from an employee's or a former employee's peers and employers, related to talents, skills, competencies, employment and attitude in the workspace that are critical to success in a specific job or career. The information gathered can be used but is not limited to career development, recruitment, etc.
2.	Use of Web Site and Services You may download, view, copy and print information and graphics incorporated in the Reports from the Site subject to the following: (a) the Reports may be used solely for professional, informational, non-commercial purposes; and (b) the Reports may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, and in compliance with other applicable laws, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site or our Services outside of your organization in whole or in part without the express authorization of Checkster LLC. The website and Services are not accessible to minors or anyone under the age of 16 or by users that have been removed from our services and/or website by Checkster LLC. The Reports and information provided by Checkster LLC will only be used for the purpose it's intended. At no time will your organization or any individual part of your organization use this information for other purposes than those for which it was intended.
3.	Passwords and Security You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site and Services, and are fully responsible for all activities that occur under your password(s). You agree to notify Checkster LLC immediately of any unauthorized use of your password(s). Checkster LLC is concerned about the security of information we have collected from you and your (potential) employees and has taken reasonable steps to prevent unauthorized access to that information.
4.	Termination of Use You agree that Checkster LLC may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site and Services. Access to the Site may be monitored by Checkster LLC.
5.	Third Party Web Sites, Content, Products and Services The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Checkster LLC is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Checkster LLC is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Checkster LLC is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Checkster LLC is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
6.	Disclaimer EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHECKSTER LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHECKSTER LLC MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. CHECKSTER LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, REPORTS OR INFORMATION. CHECKSTER RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
7.	Limitation of Liability IN NO EVENT SHALL CHECKSTER LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.	Information Provided to Checkster LLC's Website Checkster LLC cannot guarantee the identity of the users you are communicating with. Any information transmitted through Checkster.com is the sole responsibility of the user from which the content originated and Checkster LLC will not be liable for omissions in content or errors, nor can Checkster LLC guarantee the authenticity of the data which users provide about themselves or relationships they may describe. In the course of using the Checkster.com services, users will provide information about themselves. By using our services, you grant Checkster LLC the irrevocable licensing rights to use this information in the course of offering our services on a royalty-free, perpetual basis. This information may also be used but is not limited to the creation of the Reports and benchmarking.
9.	Communication In order to provide the Checkster.com services, we may need to communicate with you via email. By using the Checkster.com website and services, you agree to receive emails necessary for the normal functioning of our services. Activity on the website Checkster LLC can not guarantee the accuracy, quality or integrity of information exchanged by users or raters. We have the right to monitor all content and information exchanged through our services, however we do not carry any obligation to do so. Checkster LLC will not be liable for any content, errors, omissions, loss or damage incurred as a result of usage of our website and/or services. Under no circumstances will Checkster LLC be liable for denial of access to any content on the website.
10.	Fees To Run a Checkster Talent Checkup and to access Reports, units need to be bought. To see specifications on pricing, check our website for Pricing.
11.	Indemnity You agree to defend, indemnify and hold harmless Checkster LLC, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
12.	Agreement The User Agreement shall govern as the Agreement between you and Checkster LLC suspending any prior agreements between you and Checkster LLC.
13.	Competition Being a User of Checkster LLC, you recognize our past and ongoing development of state of the art proprietary technology. You agree that during the usage of our services and website, during the term of this Agreement and for eighteen (18) months after termination, you will not develop or market any product that copies or duplicates functionality.
14.	Privacy Policy Checkster LLC is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy on our website.
15.	Note About Children Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
16.	Export Restrictions/Legal Compliance You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Checkster LLC in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Checkster LLC outside the U.S. Neither the services of Checkster LLC nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to this User Agreement, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
17.	Applicable Laws/Choice of venue All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California. These laws include, but are not limited to, the provisions set forth in the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq. Your obligations under the FCRA as a user of Reports are described at the end of this document. However, this description is not exhaustive and does not serve as a substitute for obtaining your own legal advice regarding FCRA compliance. The full text of the FCRA is set forth at www.ftc.gov/credit. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in San Francisco, California. You and Checkster LLC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
18.	Copyright/Trademark Information Copyright © 2004-2008, Checkster LLC. All rights reserved. Other names appearing on the Site may be trademarks of their respective owners.
19.	Contact Information If you have any questions regarding this User Agreement, please contact Checkster LLC from our website forms.

NOTICE TO USERS OF CONSUMER REPORTS:

Obligations of Users Under the FCRA

1.	Users Must Have a Permissible Purpose The United States Congress has limited the use of consumer reports to protect consumers' privacy ("consumer" in this context includes employees or potential employees). All users must have a permissible purpose under the FCRA to obtain a consumer report (here, a Checkster Report). Section 604 of the FCRA contains a list of the permissible purposes under the law. These include, but are not limited to:
a.	As ordered by a court or a federal grand jury subpoena. Section 604(a)(1);
b.	As instructed by the consumer in writing. Section 604(a)(2);
c.	For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Sections 604(a)(3)(B) and 604(b)2;
d.	When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section 604(a)(3)(F)(i);
e.	To determine a consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status. Section 604(a)(3)(D);
f.	For use by state and local officials in connection with the determination of child support payments, or modifications and enforcement thereof. Sections 604(a)(4)and 604(a)(5).
2.	Users Must Provide Certifications Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency ("CRA") (here, Checkster) unless the person or entity has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose.
3.	Must Notify Consumers When Adverse Actions Are Taken The term "adverse action" is defined very broadly by Section 603 of the FCRA. "Adverse actions" include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA – such as denying or canceling credit or insurance, or denying employment or promotion.
a.	Required Notice When Adverse Action Taken Based on Information Obtained from a CRA If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following:
I.	The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a nationwide CRA) that provided the report;
II.	A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made;
III.	A statement setting forth the consumer's right to obtain a free disclosure of the consumer's file from the CRA if the consumer makes a request within 60 day;
IV.	A statement setting forth the consumer's right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA.
b.	Adverse Actions Based on Information Obtained from Affiliates If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the nature of the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure as set forth in 3(a) above.
4.	Disposing of Records Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information. The Federal Trade Commission, the Securities and Exchange Commission, and the banking and credit union regulators have issued regulations covering disposal. The Federal Trade Commission's regulations may be found at www.ftc.gov/credit.
5.	Obligations When Reports Used for Employment Purposes, other than the Trucking Industry If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:
a.	Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained;
b.	Obtain from the consumer prior written authorization. Authorization to access reports during the term of employment may be obtained at the time of employment;
c.	Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the consumer's rights will be provided to the consumer
d.	Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of consumer's rights. (The user should receive this summary from the CRA.) A Section 615(a) adverse action notice should be sent after the adverse action is taken. An adverse action notice also is required in employment situations if credit information (other than transactions and experience data) obtained from an affiliate is used to deny employment. Section 615(b)(2).
6.	Employment in the Trucking Industry Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail, telephone, or computer. In this case, the consumer may provide consent orally or electronically, and an adverse action may be made orally, in writing, or electronically. The consumer may obtain a copy of any report relied upon by the trucking company by contacting the company.
7.	Obligations when Investigative Consumer Reports are used Investigative consumer reports are a special type of consumer report in which information about a consumer's character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency. Consumers who are the subjects of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires the following:
a.	The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested. The disclosure must include a statement informing the consumer of his or her right to request additional disclosures of the nature and scope of the investigation as described below, and the summary of consumer rights required by Section 609 of the FCRA. (The summary of consumer rights will be provided by the CRA that conducts the investigation);
b.	The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the disclosure described below;
c.	Upon the written request of a consumer made within a reasonable period of time after the disclosures required above, the user must make a complete disclosure of the nature and scope of the investigation. This must be made in a written statement that is mailed, or otherwise delivered, to the consumer no later than five days after the date on which the request was received from the consumer or the report was first requested, whichever is later in time.
8.	Special Procedures for Employee Investigations Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal, state or local laws and regulations or the rules of a self-regulatory organization, and compliance with written policies of the employer. These investigations are not treated as consumer reports so long as the employer or its agent complies with the procedures set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action is taken based on the investigation.
9.	Obligations of User of Medical Information Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than payment information that appears in a coded form that does not identify the medical provider). If the information is to be used for an insurance transaction, the consumer must give consent to the user of the report or the information must be coded. If the report is to be used for employment purposes – or in connection with a credit transaction (except as provided in regulations issued by the banking and credit union regulators) – the consumer must provide specific written consent and the medical information must be relevant. Any user who receives medical information shall not disclose the information to any other person (except where necessary to carry out the purpose for which the information was disclosed, or as permitted by statute, regulation, or order.)
10.	Obligations of Resellers Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
a.	Disclose the identity of the end-user to the source CRA
b.	Identify to the source CRA each permissible purpose for which the report will be furnished to the end-user;
c.	Establish and follow reasonable procedures to ensure that reports are resold only for permissible purposes, including procedures to obtain (1) the identity of all end-users; (2) certifications from all users of each purpose for which reports will be used; and (3) certifications that reports will not be used for any purpose other than the purpose(s) specified to the reseller. Resellers must make reasonable efforts to verify this information before selling the report. Under Section 611(f) of the FCRA, if a consumer disputes the accuracy or completeness of information in a report prepared by a reseller, the reseller must determine whether this is a result of an action or omission on its part and, if so, correct or delete the information. If not, the reseller must send the dispute to the source CRA for reinvestigation. When any CRA notifies the reseller of the results of an investigation, the reseller must immediately convey the information to the consumer.
11.	Liability for Violations of the FCRA Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits (see Sections 616, 617, and 621.) In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution (See Section 619.)

The FTC's Web site, www.ftc.gov/credit, has more information about the FCRA, including publications for businesses and the full text of the FCRA. Citations for FCRA sections in 15 U.S.C. § 1681 et seq.:

Section 602 -- 15 U.S.C. 1681 Section 603 -- 15 U.S.C. 1681a Section 604 -- 15 U.S.C. 1681b Section 605 -- 15 U.S.C. 1681c Section 605A -- 15 U.S.C. 1681cA Section 605B -- 15 U.S.C. 1681cB Section 606 -- 15 U.S.C. 1681d Section 607 -- 15 U.S.C. 1681e Section 608 -- 15 U.S.C. 1681f Section 609 -- 15 U.S.C. 1681g Section 610 -- 15 U.S.C. 1681h Section 611 -- 15 U.S.C. 1681i Section 612 -- 15 U.S.C. 1681j Section 613 -- 15 U.S.C. 1681k Section 614 -- 15 U.S.C. 1681l Section 615 -- 15 U.S.C. 1681m Section 616 -- 15 U.S.C. 1681n Section 617 -- 15 U.S.C. 1681o Section 618 -- 15 U.S.C. 1681p Section 619 --15 U.S.C. 1681q Section 620 --15 U.S.C. 1681r Section 621 --15 U.S.C. 1681s Section 622 -- 15 U.S.C. 1681s-1 Section 623 -- 15 U.S.C. 1681s-2 Section 624 -- 15 U.S.C. 1681t Section 625 -- 15 U.S.C. 1681u Section 626 -- 15 U.S.C. 1681v Section 627 -- 15 U.S.C. 1681w Section 628 -- 15 U.S.C. 1681x Section 629 -- 15 U.S.C. 1681y