Boss Report Card Terms of Use

January 29, 2019

These Terms of Use are effective immediately for unregistered users and users creating accounts.

These Terms of Use (the “Terms”) govern your access to and use of our website(s) and email. (“Boss Report Card”)…By accessing and using Boss Report Card, you agree to comply with these Terms. If you are using Boss Report Card on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use Boss Report Card if you do not agree to the version of the Terms posted on Boss Report Card at the time you access Boss Report Card. (The terms “we” and “us” refer to Boss Report Card which is a subsidiary of Evolving Insight LLC)

Eligibility to Use Boss Report Card

To access or use Boss Report Card, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Boss Report Card. Boss Report Card is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Boss Report Card if we have terminated your account or banned you. All terms and conditions apply to a user with an account or a user who leaves an anonymous review.

Your Boss Report Card Account

Boss Report Card Account

In order for you to create a Boss Report Card account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Boss Report Card at any time. When you set up an individual user account on Boss Report Card, we create a member profile (a “Profile”) for you that will include personal information you provide. Because your anonymity on Boss Report Card is important, your Profile does not include or link to any information you have not provided and your reviews will be kept private.

Using Boss Report Card

Third-Party Content on Boss Report Card.

Content from other users, advertisers, and other third parties is made available to you through Boss Report Card. Content means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on Boss Report Card. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, or information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on Boss Report Card.

We allow users to post content about employers/managers when they have been employed by the employer and working for the manager as a full-time, part-time, contractor, freelancer, independent employee, 1099 (or equivalent). We consider all workers in these roles as ’employees’ with regard to Content left on Boss Report Card. It does not violate our Community Guidelines or these Terms for a worker in any one of these roles to leave a review as an “employee.”

Our Rules.

You represent and warrant that you will use Boss Report Card solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Boss Report Card (“Your Content”). You agree that by submitting Your Content to Boss Report Card you understand that you may expose yourself to liability if Your Content or other use of Boss Report Card violates applicable law or any third-party right.

You agree that you will not:

• Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer/manager;
• Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews
• Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
• Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
• Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by Boss Report Card);
• Promote, endorse or further illegal activities;
• Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
• Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
• Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
• Solicit personally identifying information from minors;
• Except as expressly approved by us, use Boss Report Card for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
• Imply a Boss Report Card endorsement or partnership of any kind without our express written permission;
• Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
• Introduce software or automated agents to Boss Report Card, or access Boss Report Card so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Boss Report Card without our express written permission;
• “Frame” or “mirror” or otherwise incorporate part of Boss Report Card into any website, or “deep-link” to any portion of Boss Report Card without our express written permission.
• Copy, modify or create derivative works of Boss Report Card or any Content (excluding Your Content) without our express written permission);
• Use the content of Boss Report Card to make hiring decisions or impact any employment agreement;
• Copy or use the information, Content (excluding Your Content), or data on Boss Report Card in connection with a competitive service, as determined by Boss Report Card;
• Sell, resell, rent, lease, loan, trade or otherwise monetize access to Boss Report Card or any Content (excluding Your Content) without our express written permission;
• Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Boss Report Card;
• Interfere with, disrupt, or create an undue burden on Boss Report Card or the networks or services connected to Boss Report Card;
• Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Boss Report Card; or Attempt to circumvent any security feature of Boss Report Card;

Links to Third-Party Websites

Boss Report Card may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Boss Report Card, our terms and policies do not govern your use of third-party websites.

Reviews on Boss Report Card – Incentives

You may not offer incentives in exchange for reviews. You may not trade reviews with other employers/bosses. We will remove reviews where we have evidence that users were compensated to leave reviews.

You may not coerce employees to leave reviews. Coercion includes asking employees to provide proof to an employer that they wrote a review whether or not that proof includes the content of the review itself.

Special Provisions Applicable to Advertisers

Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads (“Ad Data“) for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.

Enforcement by Boss Report Card

Removal of Content

While Boss Report Card has no obligation to do so, Boss Report Card reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Boss Report Card or that we deem, in our sole discretion, inappropriate. If you see any Content on Boss Report Card that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content.  Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

Other Enforcement Actions

While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Boss Report Card; suspending your rights to use Boss Report Card; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

Defending Our Users

While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s electronic address or identifying information.

Rights to Your Content

We do not claim ownership in any Content that you submit to Boss Report Card, but you grant us the rights to use such Content as set forth below. By submitting any Content to Boss Report Card, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Boss Report Card’s exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Boss Report Card and to make Content submitted to or through Boss Report Card available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Boss Report Card. You should only submit Content to Boss Report Card that you are comfortable sharing with others under the terms and conditions of these Terms.

Rights to Boss Report Card Content

Boss Report Card contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Boss Report Card owns and retains all property rights in Boss Report Card. If you are a user, we hereby grant you a limited, revocable, non-sub licensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Boss Report Card solely for your personal use in connection with using Boss Report Card. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Boss Report Card or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Boss Report Card. Boss Report Card ® is a registered trademark of Evolving Insight LLC.  The trademarks, logos and service marks (“Marks”) displayed on Boss Report Card are our property. You are not permitted to use these Marks without our prior written consent.

Indemnity

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the “Boss Report Card Group”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of Boss Report Card, including due to or arising from your breach of any provision of these Terms.

Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Boss Report Card. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Boss Report Card, whether caused by users or by any of the equipment or programming associated with or utilized in Boss Report Card. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Boss Report Card or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with Boss Report Card. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Boss Report Card or from any Content posted on Boss Report Card or transmitted to users, or any interactions between users of Boss Report Card, whether online or offline.

Boss Report Card is provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Boss Report Card will meet your requirements; (2) Boss Report Card will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Boss Report Card will be accurate or reliable.

You hereby release the Boss Report Card Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.

IN NO EVENT SHALL THE BOSS REPORT CARD GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF BOSS REPORT CARD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE BOSS REPORT CARD GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF BOSS REPORT CARD (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

Termination

These Terms remain in effect while you use Boss Report Card and as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Boss Report Card, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Boss Report Card. For the avoidance of doubt, you agree that these Terms apply to your use of Boss Report Card and any Content posted on Boss Report Card at any time prior to the termination or expiration of these Terms.

Changes to Terms

We may revise these Terms from time to time by posting an updated version on Boss Report Card. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Boss Report Card is subject to the most current effective version of these Terms.

Third-Party Discovery

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Boss Report Card. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid Ohio subpoena, properly issued in connection with an active lawsuit and properly served to a registered agent of Evolving Insight LLC. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Lake County, Ohio or the federal courts in the Ohio district, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.

Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BOSS REPORT CARD ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BOSS REPORT CARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Governing Law

These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of Boss Report Card, shall be governed by the laws of the State of Ohio without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the “Agreement to Arbitrate” provision below. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Arbitrate” provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Lake County, Ohio or the federal courts in the Ohio, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

Agreement to Arbitrate

If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and Boss Report Card each agree that any and all disputes between consumer users of Boss Report Card and Boss Report Card arising under or related in any way to these Terms and such users’ use of Boss Report Card must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this “Dispute Resolution” section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the Boss Report Card Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the Boss Report Card Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.

Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to Boss Report Card should be sent to Evolving Insight LLC. If you have an account on Boss Report Card, notice to you will be sent to the email address associated with your account. The notice of dispute (“Notice”) must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Boss Report Card and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Boss Report Card may commence formal proceeding.

Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or Boss Report Card shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Lake County, Ohio. For any claim where the total amount of the award sought is $10,000 or less, you and Boss Report Card may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Boss Report Card subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Boss Report Card may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Boss Report Card user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Opt-Out Procedure. IF YOU ARE A NEW BOSS REPORT CARD USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT. THE OPT-OUT MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE BOSS REPORT CARD TERMS OF USE FOR THIS FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EVOLVING INSIGHT LLC.

For your convenience, the opt out notice must simply contain your email address and user name. You must complete the Opt-Out Notice form by providing the information called for above associated with the Boss Report Card account(s) to which the opt-out applies. You must sign the Opt-Out for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Send your opt out form to Evolving Insight LLC.

Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this “Arbitration” section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and Boss Report Card. We will notify you of changes to this Arbitration section by posting the changes on Boss Report Card at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.

Other

Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Boss Report Card and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with Boss Report Card’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word “including” means “including but not limited to.”