Terms of Service

Effective Date: July 29, 2025

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS UNLESS YOU OPT OUT, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.


Chen Holdings Group, LLC (also referred to as "Chen Holdings Group," "we," "us," or "our") provides the content and services available on the website of Chen Holdings Group, LLC (the "Site", "Observr"). Except as expressly provided herein, these Terms of Service ("Terms") contain the terms and conditions that govern your access to and use of the services, including those available on and through the Site and other websites offered by Chen Holdings Group, its affiliates and partners, including but not limited to: obtaining, delivering, and managing background reports and related documentation; obtaining status information regarding background reports; Chen Holdings Group's processes for generating background reports and resolving potential inaccuracies; requesting a copy of your consumer file; and/or any disputes relating to your background check (collectively, the "Services"). Your access to, review of, and/or use of the Services is conditioned on your acceptance of and compliance with these Terms.


PLEASE NOTE: SECTION 14 OF THIS AGREEMENT GOVERNS HOW DISAGREEMENTS AND CLAIMS BETWEEN YOU AND CHEN HOLDINGS GROUP CAN BE RESOLVED. THIS SECTION, WITH LIMITED EXCEPTION, REQUIRES YOU AND CHEN HOLDINGS GROUP TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION.


You must be 13 years old or the age of majority in your jurisdiction in order to generate a background check and use the Services on our Site. If you are under 13 years old, this Site is not directed to children under 13 years old, and you may not provide personal information to us, make a purchase on the Site, or register on the Site.
By checking the box below and accessing the Services, you agree to be bound by these Terms and our Privacy Policy, as may be updated from time to time, ("Privacy Policy"), which is incorporated into these Terms by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS OUR SITE.


We reserve the right, in our sole discretion, to change and revise these Terms at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. The most current version will be available on our website, and the Effective Date of the current version is at the top of this page. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms, except as provided in the Arbitration and Class Action Waiver section below. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. We will provide you with any additional notices or choices with respect to such changes as required by applicable law.


1. Customers, Users and Use of Services


These Terms apply to any and all Chen Holdings Group customers and users of Chen Holdings Group's Services, including but not limited to individuals, small and large businesses, and nonprofit organizations, who utilize the Services ("Customers," "you," or "your"), as well as all others who access the Services, including but not limited to website visitors and users of affiliate websites which allow access to Chen Holdings Group Services ("Users," "you," or "your") including each User's heirs, assigns and successors. If you use the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
Subject to the age restrictions outlined above, you may be able to submit information to us through your use of the Services. You agree to provide us with accurate information, including but not limited to any information you may submit for background checks conducted about or requested by you. You further agree that your submission of such information is subject to our Privacy Policy.


In the Services, you may authorize Chen Holdings Group and third-party partners to obtain background reports about you (also known as consumer reports or investigative consumer reports) from Chen Holdings Group. If you provide such authorization, you understand and agree that 1) the party you authorize may obtain information about your character, general reputation, personal characteristics, and/or mode of living, which can involve personal interviews with sources such as your neighbors, friends, or associates; 2) reports may include checks regarding your criminal history, credit history, eviction records, social security trace, motor vehicle records ("driving records"), drug screening, verification of your education or employment history or other background checks; and 3) any law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, employer, or insurance company may furnish any and all background information requested by Chen Holdings Group.
By accessing or using the Services, you represent and warrant you shall comply with all applicable federal and state law, including but not limited to the Fair Credit Reporting Act and the Equal Employment Opportunity Act.


To the extent these Terms conflict with our Services Agreement, the Services Agreement governs. If you enter into an agreement with Chen Holdings Group providing different or additional terms regarding Chen Holdings Group's Services and there is a conflict between a provision in these Terms and a provision in such agreement, the latter takes precedence with respect to the provision in conflict.


2. Your Account


You may need to register an account with Chen Holdings Group in order to utilize the Services, including access to the background check platform offered by Chen Holdings Group to obtain background reports on consumers. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If there has been unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. If you are accessing and using the Site and Services on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site or Services resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.


3. Permissible Purpose and FCRA Compliance


You represent and warrant that you have a permissible purpose under the Fair Credit Reporting Act ("FCRA") to obtain consumer reports. Permissible purposes include, but are not limited to:


• Employment purposes • Tenant screening • Credit transactions • Insurance underwriting • Licensing determinations • Other purposes authorized by law


You agree to:
• Obtain proper disclosure and authorization from candidates before ordering background checks • Follow all adverse action procedures required by the FCRA • Comply with all federal, state, and local fair hiring laws • Use background check information only for the stated permissible purpose • Maintain the confidentiality and security of all reports and information • Dispose of reports and information in accordance with applicable law


4. Prohibited Uses


You may not use our Services to:


• Discriminate against any individual based on race, color, religion, sex, national origin, age, disability, or other protected characteristics • Violate any applicable federal, state, or local laws or regulations • Access information without proper authorization or permissible purpose • Resell, redistribute, or provide access to our Services to unauthorized third parties • Use automated systems to access our Services without our written permission • Attempt to circumvent security measures or access controls • Interfere with or disrupt our Services or servers


5. Payment Terms and Billing


Payment for Services is due according to your selected subscription plan or as otherwise agreed in writing. We reserve the right to:


• Suspend or terminate Services for non-payment • Change pricing with 30 days' notice • Charge late fees for overdue accounts • Require payment in advance for certain Services
All fees are non-refundable unless otherwise specified in writing.


6. Intellectual Property


All intellectual property rights in connection with the Site and Services shall be owned by Chen Holdings Group absolutely and in their entirety. These rights include database rights, patents, copyrights, trademarks (whether registered or unregistered), trade dresses, trade secrets, design rights (whether registered or unregistered) know-how, mask works, moral rights, and all similar rights that may exist now or later in any jurisdiction.


7. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEN HOLDINGS GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.
IN NO EVENT SHALL CHEN HOLDINGS GROUP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO CHEN HOLDINGS GROUP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.


8. Indemnification


You agree to defend, indemnify, and hold harmless Chen Holdings Group, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:


• Your use of the Services • Your violation of these Terms • Your violation of any applicable law or regulation • Your violation of any third party's rights • Any employment decisions made based on background check reports


9. Disclaimer of Warranties


THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


10. Data Security and Privacy


We implement reasonable security measures to protect your information, but we cannot guarantee absolute security. You acknowledge that you provide information at your own risk.


11. Termination


We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.


12. Governing Law and Jurisdiction


These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware.


13. Severability


If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.


14. Arbitration and Class Action Waiver


PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.


Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York.


YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.


15. Contact Information
For questions about these Terms, please contact us:


Chen Holdings Group, LLC
555 West 38th Street 2214 New York, NY 10018
Phone: +1 929 690 6020


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© 2025 Copyright - Boulevard Legacy LLC