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.