Please read this Terms of Use Agreement (these "Terms" or this "Agreement") carefully before using the www.verifywho.com website (the "Site") and any mobile application including VerifyWho Search Application, service, or functionality belonging to, provided by, created by, or operated by Lead Cactus LLC ("VerifyWho", "us", "our", and "we") (collectively, the "Service").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service (each a “User” and collectively, “Users”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you do not have permission to access the Service.
Certain features, functionalities, tools, and solutions of the Service may be subject to additional guidelines, terms, or rules, which may be posted on the Service from time to time. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Please note that, among other items, these terms contain an agreement to arbitration and a class action waiver giving up a right to a court hearing or jury trial or to participate in class action litigation. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below. Please carefully review the dispute resolution section below.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICE.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
ABOUT VERIFYWHO
VerifyWho is a database of publicly available sources of information aggregated for Your convenience, intended for personal individual use rather than for professional purposes, that makes available services that allow users to search for information as permitted by these Terms, such as to learn what information is in their own public records, to reconnect with long-lost friends or relatives, or, for example, to learn about the backgrounds of neighbors, online dates, acquaintances, buying/selling a personal item and other uses. Through VerifyWho, end-user visitors to the Site can view and/or access certain content, information, media, text, data, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork, designs, magnetic translations, digital conversions, products, services, software functionality and other materials posted to or made available through the Site (collectively, "Content") as compiled, distributed and displayed by VerifyWho and other third-party content providers ("Third-Party Providers") including, but not limited to, third-party websites or services that provide information about individuals (each, a "Search Subject") that can be searched for and accessed through the Site or other background information services We make available ("VerifyWho Checks").
WE DO NOT PROVIDE PRIVATE INVESTIGATOR SERVICES AND ARE NOT A CONSUMER REPORTING AGENCY AS DEFINED BY THE FAIR CREDIT REPORTING ACT 15 U.S.C. § 1681 et seq. ("FCRA") BECAUSE THE INFORMATION WE PROVIDE IS NOT COLLECTED OR PROVIDED, IN WHOLE OR IN PART, FOR THE PURPOSE OF SERVING AS A FACTOR IN ESTABLISHING A PERSON’S ELIGIBILITY FOR (a) CREDIT OR INSURANCE TO BE USED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES; (b) EMPLOYMENT PURPOSES; (c) BENEFITS, TENANCY OR EDUCATIONAL ADMISSION CONSIDERATIONS; OR (d) IN CONNECTION WITH A BUSINESS TRANSACTION INITIATED BY AN INDIVIDUAL CONSUMER FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING OF ANY PERSON. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES UNDER FCRA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.
Accordingly, You acknowledge and agree that You will not conduct any VerifyWho Checks or otherwise obtain or use any Content or other information obtained from or through the Site about a Search Subject or any person for purposes prohibited under FCRA. Because We are NOT a Consumer Reporting Agency, You are prohibited under FCRA from using any information obtained from the Site about a Search Subject including, but not limited to, information obtained through VerifyWho Checks, as a factor in determining the Search Subject’s eligibility for:
Employment, including, but not limited to, to evaluate a Search Subject for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers);
Tenancy, including, but not limited to, deciding whether to lease a residential or commercial space to a Search Subject;
Educational Admission or Benefits, including, but not limited to, assessing a Search Subject’s qualifications for an educational program or scholarship; Personal Credit, Loans or Insurance, including, but not limited to, assessing the risk associated with providing credit, a loan or insurance based on a Search Subject’s existing debt obligations; and/or
Business Transactions initiated by an individual consumer. Including, but not limited to, determining whether a Search Subject continues to meet the terms of a personal customer account.
Nor may you use any Content in order to take any "adverse action" as such term is defined in FCRA. Using information about a Search Subject obtained from Us in any of the aforementioned ways violates both these Terms and the law and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, terminate Accounts, and report violators to law enforcement as appropriate. If You are not sure whether Your desired use of information obtained from VerifyWho complies with these restrictions, please contact us at [email protected] before conducting any VerifyWho Checks or otherwise obtaining information about a Search Subject from VerifyWho.
VerifyWho does not recommend or endorse any specific products, services, or methods; or any other information that may be mentioned, written, or featured on VerifyWho or linked to from VerifyWho. Your reliance on any information provided by VerifyWho; its employees; Users; or any third-party site, application, or other party that may be linked to or accessed through the Service; and any other parties featured or appearing on the Service is solely at your own risk.
VerifyWho cannot and does not provide any warranties related to the information contained in or resulting services from any of the Users or any facilities that may be listed on or through the VerifyWho Service. Any and all information accessed through the VerifyWho Service is provided "AS IS" and without any warranty, either expressed or implied, including, but without limitation any implied warranty of merchantability or fitness.
User emails will be read and moderated to check for spam or other inappropriate content. Emails may not be sent to Users without the authorization of VerifyWho. Inappropriate content may include without limitation solicitation and spam.
This Agreement, which incorporates by reference other provisions applicable to User’s use of VerifyWho, sets forth the terms and conditions that apply to User’s use of VerifyWho. By using VerifyWho, User agrees to comply with all of the terms and conditions hereof. The right to use VerifyWho is personal to User and is not transferable to any person or entity.
User Responsibilities. Users are solely responsible for the accuracy and legality of any information that they choose to post or place on or through the Service, including without limitation any User-Generated Content and any communications with others on or through the Site or the Service are fully compliant with all applicable regulations, laws, and rules.
ACCOUNTS
Account Creation. In order to use the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. VerifyWho may suspend or terminate your Account in accordance with this Agreement.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify VerifyWho of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. VerifyWho cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
No Reliance on User-Generated Content. For the avoidance of doubt, User-Generated Content posted on or through the Service, such as blog posts, articles, or videos, is provided for informational purposes only, with no assurance that such User-Generated Content is true, correct, recommended, or accurate.
No Liability for User Interactions. VerifyWho may monitor communications and interactions on Service. Any liability, loss, or damage that results from any interactions among Users, including, without limitation, any postings that you input or receive through your use of the Service is solely your responsibility. At our discretion, we may monitor and/or record your general interactions with the Service, though we will not monitor or record the specific details of such interactions.
ACCESS TO THE SERVICES
License. Subject to the terms and conditions of this Agreement, the VerifyWho grants you a limited, non-exclusive and non-transferable license to the extent necessary and required to access, explore, and otherwise use this Service.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
Modification. VerifyWho reserves the right, at any time, to modify, suspend, or discontinue The Service (in whole or in part) with or without notice to you. You agree that VerifyWho will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by VerifyWho or VerifyWho’s suppliers as the case may be. Neither these Terms, nor your access to the Service, shall be deemed to transfer to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. VerifyWho and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms
USER CONTENT
User Content. "User Content" means any and all information and content that a User submits to, or uses with, the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by VerifyWho. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. VerifyWho is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License. You hereby grant (and you represent and warrant that you have the right to grant) to VerifyWho an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
Enforcement. VerifyWho reserves the right (but has no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content in accordance with Section 10, and/or reporting you to law enforcement authorities.
Feedback. If you provide VerifyWho with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to VerifyWho all rights in such Feedback and agree that VerifyWho shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. VerifyWho will treat any Feedback you provide to VerifyWho as non-confidential and nonproprietary. You agree that you will not submit to VerifyWho any information or ideas that you consider to be confidential or proprietary. You acknowledge and agree that You have no proprietary interest in the contents of the Site/Service or any affiliated websites whatsoever, including, without limitation, any social media pages or forums that We control, such as blogs, message boards, comment areas and other interactive features and functionality where users may post certain comments and other content.
INDEMNIFICATION
You agree to indemnify and hold VerifyWho (and its officers, employees, and agents) harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. VerifyWho reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THIRD-PARTY LINKS & ADS; OTHER USERS
Third-Party Links & Ads. the Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of VerifyWho, and VerifyWho is not responsible for any Third-Party Links & Ads. To the extent that VerifyWho may provide access to Third-Party Links & Ads, VerifyWho provides access to such Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any such Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply to your use thereof, including such third party’s privacy, terms of use, and data gathering practices. You are solely responsible for conducting the research and investigation that you deem necessary and appropriate prior to using such Third-Party Links & Ads and prior to proceeding with any transaction in connection with such Third-Party Links & Ads.
Other Users. Each user of the Service is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of the Service are solely between you and such users. You agree that VerifyWho will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Service, we are under no obligation to become involved.
Release. You hereby release and forever discharge the VerifyWho (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Links & Ads).
Privacy. You acknowledge and confirm that you have read VerifyWho’s Privacy Policy, the terms of which are incorporated by reference herein, and agree that the terms of VerifyWho’s Privacy Policy are reasonable. You consent to the use of your personal information by VerifyWho and/or its third-party providers, partners, Users, and affiliates in accordance with the terms of and for the purposes set forth in the Privacy Policy.
ASSOCIATE DISCLOSURE
VerifyWho is a participant of an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking.
CERTAIN CONTENT THAT APPEARS ON THIS SITE COMES FROM THIRD-PARTY SERVICES. THIS CONTENT IS PROVIDED 'AS IS' AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
DISCLAIMERS.
DISCLAIMER. WE DO NOT RECOMMEND OR ENDORSE ANY PARTICULAR SERVICE. VERIFYWHO DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY SERVICE OR VERIFYWHO CHECKS. VERIFYWHO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES, EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM (A) YOUR USE OF OR RELIANCE UPON THE SERVICE OR VERIFYWHO CHECKS OR THE INFORMATION THAT IS MADE AVAILABLE ON OR THROUGH THE SERVICE, (B) ANY AND ALL SERVICES RENDERED BY ANY THIRD-PARTY PROVIDER, PARTNER, USER, OR AFFILIATE FEATURED ON THIS SERVICE, OR (C) ANY CLAIMS THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM YOUR RELIANCE UPON OR USE THEREOF.
SERVICE DISCLAIMERS THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND VERIFYWHO (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY DAYS FROM THE DATE OF FIRST USE. THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VERIFYWHO (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, VERIFYWHO CHECKS, EVEN IF VERIFYWHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TERM & TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Service will terminate immediately. You understand that your termination may involve deletion of your User Content associated with you from our databases. VerifyWho will not have any liability whatsoever to you for any termination of your rights under these Terms.
FEES, TAXES AND BILLING
If You wish to use the Services or otherwise purchase any product or Service, You will be presented with the applicable fees and billing arrangement prior to Your purchase, which include the charging of fees to a payment card on a recurring basis. By ordering a subscription and/or any product via our Service, You authorize Us to charge your card accordingly. As with any merchant, for Your protection, we may request additional information to authenticate the credit card being used, and absent successful authentication, we may refuse to accept an order. If you believe your might have been used in a fraudulent manner to purchase a VerifyWho Checks, please contact our customer service department as soon as possible. We do not accept payment via check, cash or money order. In addition to the applicable subscription or order fees, depending upon the state in which you reside, either You, or We on Your behalf, are responsible for paying any and all applicable sales or use tax due to any and all taxing authorities arising from, or in connection with, Your use of the Services.
All orders are subject to applicable taxes in the states where applicable customer resides and You authorize us to take all appropriate measures to comply with any and all applicable laws and statutes in connection with the foregoing.
BY SUBMITTING PAYMENT, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying payment card information, You authorize Our use of such information in accordance with Our Privacy Policy, including, but not limited to, Our provision of such information to third parties for the purposes of payment processing. You also understand and acknowledge that VerifyWho uses a third-party payment processor to process credit card payments on Our behalf, and when You supply payment information in connection with a purchase, You agree that VerifyWho is not responsible for the security of such information when it is in the control of the third-party payment processor.
You specifically acknowledge and agree that failure to use the Site's services does not constitute a basis for refusing to pay subscription or other fees. Upon prior written notice to You (with email constituting sufficient written notice), VerifyWho reserves the right in its sole discretion to change its pricing and/or billing practices. If You do not agree with these changes, You are always free to cancel Your subscription, but you recognize that You will remain responsible for timely payment of any and all fees that You have already incurred (including any applicable late fees). We will understand that Your continued use of Your subscription following Our providing notice of any change constitutes and means that you consent to any and all such changes and by not terminating Your account within seven (7) days after delivery of such notice, You formally agree to comply with, and be bound by, such new pricing or billing practices.
If You fail to make any scheduled payment for accrued fees, such overdue amounts may be subject to interest charges in the amount of the lesser of one and one-half percent (1.5%) per month, compounded monthly, or the maximum amount permitted by law. Your account may be deactivated, and access to the Site denied, for non-payment.
Additionally, You acknowledge and agree that We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason (e.g., orders we suspect to be fraudulent, associated with fraudulent activity, previously fraudulent order history or previous credit card disputes), and without liability to You or anyone else. If Your payment card or payment method has already been charged for an order that we subsequently cancel, We will issue You a refund as applicable. If You have any questions in this regard, please feel free to contact our customer service department at [email protected] or live chat on verifywho.com.
BILLING ERRORS, PROMOTIONAL PRICES AND DISCOUNTS.
Any applicable promotional prices or discounts will be identified at the time of the purchase of Your order on the checkout page. If You feel that You have been billed incorrectly, We ask You to kindly please notify Our Customer Service department email at [email protected] as soon as possible to notify Us of such error. We will endeavor to resolve any errors promptly..
CANCELLATION POLICY
You are always free to cancel Your account and membership plan at any time by emailing [email protected] to convey Your wish to cancel. Any cancellation request will result in cancellation of any upcoming invoices and/or bills associated with Your membership plan. Please bear in mind, however, that even in the event of cancellation of Your account and associated membership plan, You will still remain responsible for payment of, or any and all other costs associated with invoices or bills previously incurred, including your then-current subscription for the remainder of the subscription period.
REFUND POLICY
If at any time You are not fully satisfied with Our services for any reason, You may email us at [email protected] to explain your dissatisfaction and/or request a refund. All requests for refunds will be considered on a case-by-case basis, each of which will take into account Our pursuit of maximum customer satisfaction. Where We offer refunds, You are typically limited to receipt of a single refund per subscription. Repetitive refunds are not permitted. We reserve the right to refuse a refund to any subscriber who repeatedly requests refunds or any subscriber who, in Our reasonable good faith judgment, does so in bad faith. In order to process any refund request, You must supply Us with all pertinent information your name and mailing and/or billing address. If you provide us with insufficient or incorrect information, your refund will be delayed. Depending on the bank that issues the applicable credit or debit card used, a refund may take up to thirty days to appear on the applicable statement. If You have any questions regarding whether a refund has been processed, please feel free to call our customer service department [email protected].
TREATMENT OF REVERSALS AND CHARGEBACKS
As occurs with other online merchants, intentional credit/debit card reversals and chargebacks are frequently indicators of possible fraudulent use and/or theft of Our services and We may treat them as such. We reserve the right to investigate further and file complaints with the appropriate local and federal authorities. Please be advised that We regularly monitor all internet protocol address information and other user activity and that this information may be used in a civil and/or criminal case against any customer, especially in instances of possible theft or fraudulent behavior.
COPYRIGHT POLICY
VerifyWho respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to UrhG, §§ 7, 1, 2 UrhG) must be provided to our designated VerifyWho:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and email address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to UrhG, §§ 7, 1, 2 UrhG, any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
GENERAL
Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty calendar days following our dispatch of an email notice to you (if applicable) or thirty calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Electronic Communications. The communications between you and VerifyWho use electronic means, whether you use the Service or send us emails, or whether VerifyWho posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from VerifyWho in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that VerifyWho provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. The foregoing does not affect your non-waivable rights.
Third Party Rights. The provisions contained herein pertaining to disclaimers, exclusion of warranty, limitation of liability, and indemnification are for the benefit of VerifyWho and its officers, directors, employees, agents, representatives, affiliates, third party providers, and partners. Each of these parties shall have privity of contract with respect to such terms to the extent necessary to assert and enforce these provisions directly against you on its own behalf.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without VerifyWho’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. VerifyWho may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Your Relationship with VerifyWho. Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between VerifyWho and You or any other party. You have no authority to make or accept any offers or representations on behalf of VerifyWho.
Notices. VerifyWho may provide legal and other notices to You, in VerifyWho’s sole discretion, by (a) posting such notices or links to such notices on the Site, or (b) sending a notice by e-mail, postal mail, overnight courier or facsimile to any contact address or number that You have provided to VerifyWho. If You wish to provide notice to VerifyWho, You shall send such notice, postage prepaid by either U.S. certified mail or by international or domestic overnight courier, to: MSC – 784064, P.O. Box 105168, Atlanta, GA 30348-5168. Notices You send by e-mail or facsimile, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of VerifyWho.
Headings. The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect the terms and conditions herein, nor the shall they limit, influence, or otherwise affect the interpretation of the terms and conditions contained herein.
Severability. The terms and conditions contained herein shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Copyright/Trademark Information. Copyright © VerifyWho, All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Force Majeure. Other than for payment obligations, neither party will be liable for, or be considered to be in breach of, these Terms on account of either party’s delay or failure to perform as required under these Terms as a result of any causes or conditions that (a) are beyond the party’s reasonable control (including, but not limited to, acts of God, including storms and other natural occurrences; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or other comparable labor difficulties; and (b) the party is unable to overcome through the exercise of commercially reasonable diligence ((a) and (b), collectively, a "Force Majeure Event"). If any such Force Majeure Event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.
Class Action Waiver, Mandatory Arbitration, Dispute Resolution and Governing Law.
BY USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO OUR MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. You acknowledge and agree that all claims, disputes or controversies between You and Us (including against any of Our employees, agents, affiliates, subsidiaries, predecessors, successors or assigns) relating to the Site or related websites, the Content, VerifyWho Checks, related services and materials, any related transaction or relationship and/or Your information, including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, the issue of arbitrability, shall be resolved by the final and binding arbitration procedures set below. You further acknowledge and agree that any such claims shall be brought solely in Your individual capacity and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. Similarly, you agree that any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by a court and the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. You voluntarily and knowingly waive any right to a jury trial.
BY AGREEING TO THIS AGREEMENT TO ARBITRATE, YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO A JURY TRIAL. In arbitration, disputes are resolved by neutral arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial, however, an arbitrator can award relief.
Separate and apart from the agreement to arbitrate set forth above, You hereby waive any right to bring or participate in any class action in any way related to, or arising from, these Terms or the matters that they describe. You acknowledge that this class action waiver is material and essential to the arbitration of any dispute(s) You may have and is non-severable from this agreement to arbitrate claims.
YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT TO ARBITRATE, WHICH CONTAINS THIS CLASS ACTION LITIGATION AND CLASS ARBITRATION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US, OUR AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE, VERIFYWHO CHECKS OR OUR SERVICES.
These Terms shall be treated as though they were executed and performed in Texas, NY and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles).
At VerifyWho, We expect that Our customer service team will be able to resolve most complaints You may have regarding Our provision, or Your use of, our Site and its services, such as VerifyWho Checks. If You have a complaint, You can contact Our customer service team as described in the "How to Contact Us" section below. In the unlikely event that Your complaint remains unresolved, We prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, You and VerifyWho agree to the following resolution process for all disputes and claims that You or VerifyWho may have arising from Our provision, or Your use, of our Site and its services, such as VerifyWho Checks (each a "Service Claim").
In an attempt to find the quickest and most efficient resolution of any Service Claim, You and VerifyWho agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Service Claim and (2) a proposed resolution. If You want to raise a Service Claim, You must send the aforementioned description and proposed resolution by email ([email protected]) and/or certified mail to: VerifyWho, Attn: Legal Department. To subsequently discuss Your Service Claim with You, We will contact You using the e-mail address or mailing address You provide in Your letter to Us. If VerifyWho wants to raise a Service Claim, We will send You the aforementioned description and claim notice to You at the e-mail address that We have on file for You. If We do not have an e-mail address for You on file, VerifyWho will send Our Service Claim to You through a means that complies with the service of process rules of the State of Texas.
IF YOU AND VERIFYWHO DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND VerifyWho AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL (NOT CLASS) ARBITRATION WITH ARBITRATION RESOLUTION SERVICES INC. ("ARS") USING ITS RULES AND REGULATIONS GOVERNING THE SUBMISSION OF DISPUTES INVOLVING BUSINESSES AND INDIVIDUALS, AVAILABLE HERE. If ARS is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, if possible under any rules by such organization applicable to disputes between business and consumers, but neither party shall unreasonably withhold their consent.
EXCEPTIONS TO THIS ARBITRATION REQUIREMENT: EITHER PARTY HAS THE RIGHT TO PURSUE: AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK AND TRADE SECRETS AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN Texas, NY. BOTH VERIFYWHO AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN Texas, NY IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND VerifyWho AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES AND AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY; OTHERWISE, THE CLAIM IS WAIVED.
Rather than force everyone to visit Us in Texas, ARS' arbitration contemplates arbitration without travelling anywhere, but instead via their cloud-based platform. Disagreements regarding the forum for arbitration will be settled by an ARS arbitrator.
When the 30-day period described above has elapsed, You may, as an individual (but not as a class) initiate the arbitration through the process described in ARS’s Business and Individual Rules. If You initiate the arbitration, Your arbitration fees will be limited to the Application filing fee set forth by ARS rules. You and VerifyWho acknowledge, understand and agree that any decision or award rendered by ARS may be entered in any court of competent jurisdiction. If the arbitrator rules against VerifyWho, in addition to accepting whatever responsibility is ordered by the arbitrator, We think it fair that VerifyWho reimburse Your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. By contrast, if the arbitrator rules in VerifyWho’s favor, We will not seek reimbursement of Our attorneys’ fees and costs, regardless of who initiated the arbitration.
This is a Class Action and Trial Waiver. IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. THE ARBITRATOR'S DECISION OR AWARD WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
Equitable Relief. You agree that any breach or threatened breach of these Terms or any unauthorized or unlawful use of the Site or VerifyWho Checks would result in irreparable injury to VerifyWho for which monetary damages would be inadequate. In such event, VerifyWho shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Terms shall be construed to limit any legal or equitable remedies available to VerifyWho
Contact Information:
VerifyWho, LLC.
Attn: Legal Department
Important Reminder: Certain Prohibited Uses of the Site
As a reminder, We do NOT provide private investigator services or consumer reports and are NOT a consumer reporting agency--such terms have special meaning in the Fair Credit Reporting Act, 15 USC 1681 et seq., which are incorporated herein by reference. The information we provide is NOT collected or provided, in whole or in part, for the purpose of serving as a factor in establishing a person’s eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes; (b) employment purposes; (c) benefits, tenancy or educational admission considerations; or (d) in connection with a business transaction initiated by an individual consumer for personal, family, or household purposes. We make NO representation or warranty as to the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of any person. The additional protections afforded to consumers and obligations placed upon consumer reporting agencies under FCRA are not contemplated by, nor contained within, these Terms.
You acknowledge and agree that You will not conduct any VerifyWho Checks or otherwise obtain or use any Content or other information obtained from or through the Site about a Search Subject or any person for purposes prohibited under FCRA. Because We are NOT a Consumer Reporting Agency, You are prohibited under FCRA from using any information obtained from the Site about a Search Subject including, but not limited to, information obtained through VerifyWho Checks as a factor in determining the Search Subject’s eligibility for:
Employment, including, but not limited to, to evaluate a Search Subject for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers);
Tenancy, including, but not limited to, deciding whether to lease a residential or commercial space to a Search Subject;
Educational Admission or Benefits, including, but not limited to, assessing a Search Subject’s qualifications for an educational program or scholarship; Personal Credit, Loans or Insurance, including, but not limited to, assessing the risk associated with providing credit, a loan or insurance based on a Search Subject’s existing debt obligations; and/or
Business Transactions initiated by an individual consumer. Including, but not limited to, determining whether a Search Subject continues to meet the terms of a personal customer account.
Nor may you use any Content in order to take any "adverse action" as such term is defined in FCRA. Using information about a Search Subject obtained from Us in any of the aforementioned ways violates both these Terms and the law and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, terminate Accounts, and report violators to law enforcement as appropriate.
So, You may NEVER, under any circumstances, use Our Site, Content, VerifyWho Checks or services or the information provided regarding Search Subjects to make decisions about employment, tenant screening, consumer credit, insurance or any other purpose that would require FCRA compliance. You agree that You will not use any information obtained from Our Site for purposes of and/or in connection with determining a prospective person or candidate's suitability for: employment, housing or accommodations, credit, health or any other insurance, loans, benefits, privileges or services provided by any business establishment, scholarships, tuition assistance, fellowships or education opportunities. The information We provide has NOT been collected in whole or in part for the purpose of furnishing consumer reports, as defined by FCRA. Accordingly, by using the Site, You recognize, acknowledge, understand and agree that You will not use any of the information obtained from the Site as a factor in: (a) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); (b) establishing any individual's eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; (c) evaluating an individual for educational opportunities, scholarships or fellowships; (d) evaluating an individual’s eligibility for a license or other benefit granted by a government agency; (e) any effort to take any "adverse action" as such term is defined in FCRA; or (f) any other product, service or transaction in connection with which a consumer report is used under FCRA or any similar state statute, including, without limitation, job applications, check-cashing, apartment rentals or opening deposit or transaction accounts.
If You are not sure whether Your desired use of information obtained from VerifyWho complies with these restrictions, please contact us at [email protected] before conducting any VerifyWho Checks or otherwise obtaining information about a Search Subject from VerifyWho.
The information available on the Site is not 100% accurate, complete or up to date, so please do not use it in lieu of Your own common sense due diligence, especially where a person's criminal history may be concerned. We receive Our data from a variety of licensors and sources and cannot make any firm representation or warranty regarding the accuracy thereof or concerning the actual character or integrity of those about whom You inquire.
These Terms and Conditions were last updated on 02/26/2021