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.
); AND (IV) THE KLEANKARS COPYRIGHT POLICY (FOUND AT
- 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
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.
- Reservation of Rights
- Collection and Use of Your Information
- Content and Services.
- Geographic Restrictions
The Content and Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. 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 Buddy, the KleanKars Services offered, and the locations where any such services are offered throughout the United States for any and all reasons with or without notice.
Company may from time to time in its sole discretion, with or without notice, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain content, features, and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular content, features, or functionality. Based on your Device settings, when your Device is connected to the Internet either:
- 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
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- 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 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.
- 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
- Termination will not limit any of Company’s rights or remedies at law or in equity.
- Disclaimer of Warranties
THE APPLICATION IS PROVIDED TO LICENSEE “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS AND DEFECTS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AND CHARACTER, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE LICENSORS, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ATTORNEYS, ACCOUTNANTS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “COMPANY GROUP”), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THE APPLICATION AND THE SUBJECT MATTERS CONTAINED IN THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY GROUP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND AND CHARACTER THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE, QUALITY, OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY GROUP HAVE ANY LIABILITY ARISING FROM, IN CONNECTION WITH, OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, THE SUBJECT MATTERS CONTAINED IN THIS AGREEMENT, OR TO ANY OTHER CONTENT, PRODUCTS, SERVICES, MATERIALS, OR EQUIPMENT RELATED TO THE COMPANY FOR:
- 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.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BY STATUTE OR IN EQUITY, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Export Regulation; Compliance with Laws.
The Application may be subject to United States export control laws, including, but not limited to, the U.S. Export Administration Act and its associated regulations. You will not, directly or indirectly, export, re-export, transfer, re-transfer, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, transfer, re-transfer, or release is prohibited by applicable law, rule, or regulation. You will comply with all applicable federal, state, local, and other laws, regulations, and rules.
- U.S. Government Rights.
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.p>
- Severability and Reformation.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect, and in lieu of such illegal, invalid, or unenforceable term or provision, there shall be added automatically as a part of this Agreement a legal, valid, and enforceable term or provision as similar in terms to such illegal, invalid, or unenforceable term or provision as may be possible, and each affected party requests the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable term or provision in accordance with this section.
- Governing Law.
This Agreement is governed by and construed in accordance with the internal laws of the state of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Dallas and Dallas County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Entire Agreement; Hierarchy of Control.
- Non-Waiver; Remedies Cumulative.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. The remedies provided herein shall be cumulative and shall not preclude the assertion by any party of any other rights or the seeking of any other remedies against any other party, as the case may be.
You acknowledge that you have had the opportunity to read and review this Agreement and that you understand all of the terms of this Agreement and its importance. Parties agree that there have been no material representations made to induce entering into this Agreement.
- Attorneys’ Fees.
- Force Majeure.
- No Third-Party Beneficiaries.
Except as set forth herein, this Agreement is for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or benefits on any third party. Notwithstanding the above, the parties acknowledge that all rights and benefits afforded to Company under the Agreement will apply equally to its owners, licensors, affiliates, suppliers, and the owner of any third party products with respect to such third party products only, and such third parties are intended third-party beneficiaries of this Agreement, with respect to such third party products only as applicable.
- Interpretation; Headings; Construction.
Any reference to a statutory provision includes a reference to any modification or re-enactment of it from time to time. The headings and pronouns contained herein are for convenience and ease of reference only and will not affect the construction or interpretation of this Agreement. The Agreement will not be construed in favor of or against a party based on the author of the document.
- Survival of Terms.
Notwithstanding the suspension, cancellation, expiration, or termination of this Agreement, the parties shall continue to be bound by the provisions of this Agreement that reasonably require some action or forbearance after such suspension, cancellation, expiration, or termination, including, but not limited to, those related to indemnities, limitations on liabilities, non-disparagement, and intellectual property rights.
You acknowledge, understand, and agree that at any time during the course of this Agreement or thereafter, you will not make any defamatory or disparaging remarks or statements, verbally or in writing, including via any social networking outlet, to the news media, any competitor, customer, or any other individual or entity regarding Company Group or any of its or their respective policies, products, equipment, services, or procedures (past, present, or future).
- Injunctive Relief.
- Press Releases or Public Information.
You will not publish articles, give press releases, or make speeches about, or otherwise publicize the existence of, or scope of, this Agreement or any details about the Company or its owners, officers, products, services, facilities, applications, proprietary information, or business plans without the express prior written consent of an authorized person of Company. The obligations of this paragraph shall survive any termination, cancellation, or expiration of this Agreement.
- Additional Terms Related to Background Check.
In addition to Section 4 above, you understand and acknowledge that the Company uses a third party to perform background and investigative reports on persons applying to be KleanKars Buddies. As such, the Company is required to provide certain disclosures and compliance requirements set forth below. Furthermore, we are not responsible or liable for any matters related to such third party background and investigative services, and you agree that any issues you may have with such third party services will be solely directed against the third party service provider and 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 such third party services.
- 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:
Upon request, you will be informed whether or not a consumer report was requested by the Company, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. You have the right to inspect and receive a copy of any investigative consumer report requested by the Company by contacting the consumer reporting agency identified above directly. By clicking “Agree” or downloading and using the Application below, you acknowledge receipt of Article 23-A of the New York Correction Law.
- Washington State applicants only:
You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act.
- Minnesota and Oklahoma applicants only:
Please email either applicant.checkr.com or customerservice@KleanKars.com if you would like to receive a copy of a consumer report if one is obtained by the Company.
- California applicants only:
Under California Civil Code section 1786.22, you are entitled to find out what is in the CRA’s file on you with proper identification, as follows:
- 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.
“Proper Identification” includes documents such as a valid driver’s license, social security account number, military identification card, and credit cards. Only if you cannot identify yourself with such information may the CRA require additional information concerning your employment and personal or family history in order to verify your identity. The CRA will provide trained personnel to explain any information furnished to you and will provide a written explanation of any coded information contained in files maintained on you. This written explanation will be provided whenever a file is provided to you for visual inspection. You may be accompanied by one other person of your choosing, who must furnish reasonable identification. An CRA may require you to furnish a written statement granting permission to the CRA to discuss your file in such person’s presence.
Please email either applicant.checkr.com or customerservice@KleanKars.com if you would like to receive a copy of an investigative consumer report or consumer credit report at no charge if one is obtained by the Company whenever you have a right to receive such a copy under California law.