PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to the purchase from EEO1 Inc. ("EEO1") of reports, products or services that will be provided to you ("Customer" or "you"). By placing an order with EEO1, and accepting delivery of the reports and related products and/or services described on the EEO1 invoice, you agree to be bound by and accept these terms and conditions in effect on the date of the order. These terms and conditions are subject to change without prior written notice at any time, in EEO1's sole discretion.

1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to place an order for product(s) or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and EEO1. In particular, you expressly acknowledge that any standard terms and conditions of purchase used by your company in connection with purchases of services or products will not apply to any purchases made from EEO1, which shall be exclusively subject to the terms and conditions set forth herein.

2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within EEO1's sole discretion, and may be modified without notice. Payment for all services and products shall be made to EEO1 within thirty days of invoicing (after which time EEO1 reserves the right to apply any changes in its pricing policy to your order). In all cases, payment in full must be received by EEO1 in order for EEO1 to accept and process your order: until such acceptance, EEO1 is under no obligation to provide any reports, services or products to you. Payment for the products and services will be made by check, money order, wire transfer, or other prearranged payment method unless credit terms have been agreed to in writing by EEO1. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

4. "Insufficient Data" for Reports. Should EEO1 consider in its discretion that there is insufficient data to generate a statistically valid report in connection with an accepted order, EEO1 shall issue a report to you confirming this fact. In such event, you shall be invoiced for this report at a price not to exceed 60% of the price that would have applied had the generation of a report based on complete data been possible.

5. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on EEO1's invoice(s). The Customer is responsible for sales and all other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on EEO1's invoice.

6. Warranties. THE REPORTS, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. EEO1 DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENTS OF ITS REPORTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. EEO1 EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. EEO1 RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME, IN ITS SOLE DISCRETION.

7. Return/Cancellation Policies. Once an order is placed and payment made to EEO1, there can be no cancellation of the customer’s order by the customer, for any reason whatsoever.
Once an order is received and payment is made, EEO1 reserves the right to accept or reject such order for any reason. If EEO1 is unable to accept your order for processing, EEO1 shall inform you of the rejection of your order, and will return the entire amount you may have paid to EEO1 in connection with your order as soon as possible, and in no event more than 15 days after EEO1 makes the decision to reject your order.

8. Report Contents. EEO1's policy is one of on-going product update and revision. EEO1 may modify the layout, presentation and type of information and data presented in its reports at any time with no notice.

9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EEO1 AND ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS (INCLUDING ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOST BUSINESS INFORMATION, OR ANY OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE REPORTS, PRODUCTS OR SERVICES, BY THE CUSTOMER OR THIRD PARTIES, EVEN IF EEO1 OR ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THE APPLICABLE PURCHASE PRICE OR LICENSE FEE FOR THE REPORTS REFLECTS THIS ALLOCATION OF RISK. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IF THE FOREGOING LIMITATION OF LIABILITY IS NOT ENFORCEABLE BECAUSE AN EEO1 REPORT SOLD TO CUSTOMER IS DETERMINED BY A COURT OF COMPETENT JURISDICTION IN A FINAL, NON-APPEALABLE JUDGMENT TO BE DEFECTIVE, IN NO EVENT SHALL EEO1’S LIABILITY FOR PROPERTY OR OTHER DAMAGE EXCEED THE FEES PAID FOR THE SPECIFIC PRODUCT THAT CAUSED SUCH DAMAGE.

10. Copyright; Not For Resale. EEO1 is the sole owner of the copyright to the reports provided to the customer. You represent that you are buying reports from EEO1 exclusively for the customer’s own use, and not for resale, copying or distribution to third parties unless such distribution is specifically required by the customer at the time of the order, to assist specified third parties, such as insurers of the customer.

11. Indemnification. You agree to indemnify, defend and hold harmless EEO1, Inc., its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

12. Third party rights. The provisions of paragraphs 9 (Limitation of liability) and 11 (Indemnification) are expressly for the benefit of EEO1 and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

13. Assignment. EEO1 reserves the right to assign its rights and duties under this Agreement to any third party without notice to you.

14. Not legal advice. Information contained in EEO1 Inc. Reports does not constitute legal advice.

15. DISPUTE RESOLUTION: ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, SUBJECT TO PARAGRAPH 2 OF THESE TERMS AND CONDITIONS. THE ARBITRATION SHALL BE CONDUCTED IN NEWARK, NEW JERSEY. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO EE01 INC., ITS DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. EEO1'S FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT RELATED TO THESE TERMS AND CONDITIONS.

The price of the individualized EEO1 company reports varies according to (1) the number of employees in the establishment for which a report is requested, (2) whether the report is ordered by a corporate employer or by an individual, (3) whether the order requests a ten year search to identify “hard core” establishments, and (4) whether a 25 year search of history of an establishment is requested

Reports ordered by counsel for plaintiffs in an action that has been commenced are priced at $600 for each establishment and are limited to the minority (Black, Hispanic, Asian or Native American} or female group and the EEO-1 occupations involved in the action.

Reports ordered for corporate employers are priced according to the number of employees in the establishment for which a report is requested, as follows:

Number employees in establishment	Price (in US$)
50-249	$  750
250-499	$1,250
500-999	$2,000
1,000-10,000	$3,000
10,000+	$6,000

Prices for the ten year search and the twenty five year establishment history are available on request at ORDERING@eeo1.com.

A shipping & handling charge of $25 will be added to each order of up to ten separate reports. For shipping & handling charges on larger orders, please contact EEO1, Inc.

The first orders will ship no later than November 1, 2002.

EEO1, Inc. accepts orders for company reports exclusively from attorneys ordering for their clients (those representing employers, those representing employees, and those representing government agencies). FOR INFORMATION ABOUT ORDERING REPORTS, PLEASE EMAIL US AT ORDERING@EEO1.COM

Please follow the simple four step process below to place your order:

Step 1 - All orders must include the following information

Full Attorney Name:
Attorney ID Number:
Law firm name:
Street:
City:
State:
ZIP Code:
Phone:
Fax:
Attorney email address:
Name and address of the company for which an EEO1 report is requested:
EEO-1 employer ID number(s) of the company and/or establishments for which a report is requested:

Step 2 - Sign the appropriate statement, depending on whether you represent an employer or an employee:

A. If you represent an employer:

I am an attorney-at-law, in good standing with the Bar of my admission. I hereby affirm that I am an attorney for the company identified below, and attach hereto a letter from my client to that effectMy client’s employer ID number for purposes of EEO-1 reporting is identified above in Step 1 of this order form. I have read, understood and I and my client accept the Terms and Conditions of EEO1, Inc., that appear on the EEO1.com website, and that apply to this order, and hereby represent that all statements made herein are true and correct.   __________________________________________________________________________ Full name of my client   _________________________________ ___________________________________ __________________ Signature / Printed Name / Attorney ID Number

B. If you represent an individual or employee Plaintiff:

I am an attorney-at-law, in good standing with the Bar of my admission. I affirm that my client (identified below) has commenced a civil court proceeding against the company (also identified below) that is based on Title VII of the Civil Rights Act of 1964. A true clerk-stamped copy of the complaint, indicating the court before which the proceeding is commenced and the case number, is enclosed with this signed order form, and I represent and affirm that this complaint was served on the date indicated below, and that the proceeding is currently pending, and has not settled, been withdrawn or otherwise terminated. The employer ID number of the corporate defendant for purposes of EEO-1 reporting in said action is properly identified above, in Step 1 of this order form. I have read and understood the Terms and Conditions governing this order, as set forth on the EEO1.com website, and I and my client accept such Terms and Conditions, and hereby represent that all statements made herein are true and correct.   ______________________________________________________ Full name of my client   ______________________________________________________ Race/ethnicity/gender of employee   ______________________________________________________ Date of service of the attached complaint   ______________________________________________________ EEO-1 job category   ______________________________________________________ Case number and Court in which filed   _________________________________ ___________________________________ __________________ Signature / Printed Name / Attorney ID Number

Step 3 – Your Order

I hereby order ______ copies of the individual company report of the company and/or establishments identified in Step 1 of this order form.

Step 4 - Payment

Include a check in the full amount of your order as per the EEO1 pricing schedule in effect on the date of your order, made to the order of "EEO1, Inc.", and send to the following address for processing: EEO1 Inc 113 Pavonia Ave., #369 Jersey City, NJ 07310