TERMS OF SERVICE
Terms and Conditions of Use
These Terms and Conditions were last updated on 5/1/2016
Important --Please read
The Site is a web-based property of Platinum Data Verifi LLC. (“SeekVerify,” “we,” “our,” or “us”) that makes available services that allow users to search for information as permitted by these Terms and Conditions, such as to learn what information is in their own public records, to reconnect with friends or relatives, or to learn about the backgrounds of potential roommates, online dates or friends, children’s coaches, online buyers or sellers or related individuals.
SeekVerify does not provide private investigative services, and is not a consumer reporting agency as defined by the Fair Credit Reporting Act (“FCRA”) The information provided by SeekVerify 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; or (c) in connection with a business transaction initiated by an individual consumer for personal, family, or household purposes. SeekVerify does 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 the FCRA are not contemplated by, nor contained within, these terms and conditions.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT 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 USERS IN THE EVENT OF A DISPUTE.
These Terms and Conditions apply to USERS when THEY (a) access, view, download, or otherwise use any page on the Site other than the home page located at www.seekverify.com; and/or (b) submit an online application to become a SeekVerify member (“Member”), which enables users to utilize a host of services made available to Members by and through the Site (“Member Services”). By engaging in either of these actions, users acknowledge and agree that users (a) have read, understand, and agree to be bound by these Terms and Conditions in their entirety; (b) consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the site or through any other interactions with SeekVerify; and (c) waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require (i) an original signature, (ii) delivery or retention of non-electronic records, or (iii) payments or the granting of credits in ways other than through electronic means. The Site and Member Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If users are under eighteen (18) years of age or do not agree to these Terms and Conditions in their entirety, do not access, view, download, or otherwise use any page on the Site other than the home page located at www.SeekVerify.com and do not submit an online application to become a Member.
Revisions to Terms and Conditions
SeekVerify may modify these Terms and Conditions, in whole or in part, from time to time in its sole discretion, effective immediately upon posting modified Terms and Conditions to the Site and, if users are Members, by directly communicating them to users when users log in to the Site; provided, however, that: (i) any revision to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable revision; and (ii) any revision to the Fees and Billing section shall not apply to any charges incurred prior to the applicable revision. By not terminating users Member Services account (“Account”) within seven (7) days after receiving a notice of revisions to the Terms and Conditions as described above or by continuing to use or access the Site or any Member Services after modified Terms and Conditions are posted to the Site, users agree to comply with, and be bound by, such revisions. Unless explicitly stated otherwise, any future offer(s) made available to users on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to these Terms and Conditions.
If, prior to the effective date of these Terms and Conditions, users entered into a Membership Agreement with SeekVerify governing users use of Member Services, users continued use Member Services is now subject to these Terms and Conditions, which supersede the Membership Agreement subject to the limitations described in the preceding paragraph.
Restrictions on Use of the Site and Information Obtained from SeekVerify
SeekVerify is a database of publicly available sources of information aggregated for users convenience. Through SeekVerify, end-user visitors to the Site (“Visitors”) can view or execute certain media, text, data, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork, designs, magnetic translations, digital conversions, software, and other materials posted to or made available through the Site (collectively, “Content”) as compiled, distributed, and displayed by SeekVerify 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 (“SeekVerify Checks”). You are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site, Content, SeekVerify Checks, and, if you are a Member, Member Services, in accordance with these Terms and Conditions (“SeekVerify License”). SeekVerify may terminate this license at any time for any reason.
As a condition to access the Site, including Member Services, and without limiting the generality of the foregoing, users agree that, unless otherwise expressly authorized by these Terms and Conditions or in writing by SeekVerify, users will not:
1. Conduct any SeekVerify Checks or otherwise obtain or use any Content or other information obtained from or through the Site about a Search Subject for purposes prohibited under the FCRA;
Because SeekVerify is not a Consumer Reporting Agency, users are prohibited under the FCRA from using any information obtained from the Site about a Search Subject including, but not limited to, information obtained through SeekVerify Checks, as a factor in determining the Search Subject’s eligibility for:
1. Employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers);
2. Tenancy, including lease of a residential or commercial space;
3. Educational Admission or Benefits, including assessing qualifications for an educational program or scholarship;
4. Personal Credit, loans, or insurance; and
5. Business transactions initiated by an individual consumer.
Using information about a Search Subject obtained from SeekVerify in these ways violates both these Terms and Conditions 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 users are not sure whether users desired use of information obtained from SeekVerify complies with these restrictions, please contact us at support@SeekVerify.com before conducting any SeekVerify Checks or otherwise obtaining information about a Search Subject from SeekVerify.
2. Use the Site, Member Services, or Content, including, but not limited to, SeekVerify Checks: (a) in violation of any applicable foreign or domestic laws, statutes, rules, regulations, or judicial decrees; (b) in a manner that does or is intended to cause emotional or physical harm to, discriminate against, or “stalk” or otherwise harass any other person; (c) to seek information about or harm minors in any way; (d) to seek information about celebrities or public figures; (e) to produce or distribute any libelous, obscene, or indecent material; or (f) to infringe upon the legal or proprietary rights of any third parties (including, but not limited to, copyright, patent, trademark, trade secret, and other intellectual property rights; publicity rights; and privacy rights);
3. Distribute, transmit in any way to any other computer, website, or other medium, or otherwise provide any Member Services, or other material posted to or made available by or through the Site, including, but not limited to, Content and results of SeekVerify Checks, in any way to any third party. You must treat such material as confidential information, and take all reasonable steps to ensure that such material is stored in a secure manner;
4. Provide or submit any information or data to SeekVerify or conduct any SeekVerify checks concerning Search Subjects that users are not authorized to provide, submit, or conduct;
5. Directly or indirectly reproduce, create, compile, or incorporate any part of the Site including, but not limited to, Content, SeekVerify Checks, and Member Services, into any database, collection, compilation, directory, or information retrieval system, electronic or otherwise;
6. Use, copy, reproduce, record, retransmit, emulate, clone, sell, rent, lease, decompile, disassemble, reverse engineer, broadcast, distribute, publish, upload, post, publicly display, perform, digitize, compile, or translate any part of the Site, Content, SeekVerify Checks, Member Services, or other material posted to or made available by or through the Site for any commercial purpose or for any purpose that is competitive, in SeekVerify’s sole discretion, to SeekVerify;
7. Access the Site through any automated or manual process for the purpose of monitoring the Site’s performance, functionality, or availability for any commercial purpose;
8. Access, retrieve any data from, or otherwise perform any other activities on or through the Site using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers, or spiders);
9. Create any "derivative works" by altering any aspect of the Site, Content, SeekVerify Checks, or Member Services;
10. Use the Site, Content, SeekVerify Checks, or Member Services in conjunction with any other third-party content;
11. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, or to bypass, disable, or block any portion of the Site, associated software, or any SeekVerify server or computer system;12. Take any action that, as determined in SeekVerify’s sole discretion, imposes an unreasonable or disproportionately large load on the Site infrastructure;
13. Forge any instructions coming from users computer or otherwise obfuscate the name or location of users computer or IP address in order to disguise the origin of any communication users transmit to or through the Site;
14. Publish a link to a SeekVerify web page other than SeekVerify’s home page (known as “deep-linking”;
15. Cover or otherwise obfuscate any advertisement located on SeekVerify; or
16. Simulate the appearance or function of SeekVerify on another website, such as through “framing” or “mirroring.”
We allow users to access the Site as it may be available at any given time and have no other obligations, except as expressly stated in these Terms and Conditions. You are solely responsible for use of the Site and any information users obtain from the Site. SeekVerify reserves the right, but undertakes no obligation, to:
1. Monitor, review, or otherwise police users or others’ use of the Site, SeekVerify Checks, Member Services, or the associated information made available by Members during the application process (“Registration Data”);
2. Moderate any dispute between users and any other third party, including, but not limited to, disputes with other Visitors, Members, or Search Subjects;
3. Verify the identity of any person using the Site, including any Visitor who applies to be a Member, as well as the purpose(s) for which any Visitor or Member is using the Site.
The proprietary rights to all Content, including, without limitation, the SeekVerify Checks, and any rights in the design, selection, arrangement, compilation, and coordination of such Content, are owned by or licensed to SeekVerify and are protected under applicable laws (including, but not limited to, copyright, trademark, and other intellectual property laws). Except as expressly provided in these Terms and Conditions or with SeekVerify’s express written consent, users are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, or trademarks of SeekVerify or with respect to any of the Content. The “SeekVerify” name and logo are trademarks of SeekVerify. All custom graphics, icons and service names are trademarks of SeekVerify. All other trademarks are the property of their respective owners.
SeekVerify reserves any and all rights not explicitly granted in these Terms and Conditions. By using the Site, users do not acquire any ownership rights to the Site, Member Services, Content, or any other information obtained from the Site.
Grant of Limited License.
Upon User's purchase of, or subscription to the Membership Plans as defined in the Terms, SeekVerify hereby grants to User a limited license to use the Services and any data contained therein, subject to the restrictions and limitations as follows:
SeekVerify hereby grants to User a limited license to use Services solely for User's own internal personal purposes. User represents and warrants that all of User's use of Services shall be for only legitimate, personal (non-business) purposes. User shall not use Services for commercial, collections, governmental, marketing, advertising or marketing purposes nor shall the User resell or broker Services to any third-party. User shall not use Services to provide data processing services to third-parties or evaluate the data of or for third-parties. User agrees that if SeekVerify determines or reasonably suspects that continued provision of Services to User entails a potential security risk, or that User is otherwise violating any provision of this Agreement, or any of the laws, regulations, or rules described herein, SeekVerify may take immediate action, including, without limitation, terminating the delivery of, and the license to use, Services. User shall not access Services from Internet Protocol addresses located outside of the United States and its territories without SeekVerify's prior written approval. In any event, User understands and agrees that (i) Services are provided to it in the United States at the point at which Users accesses SeekVerify server facilities; and (ii) SeekVerify makes no representation regarding the legality of accessing such Services from outside of the United States and its territories.
User may not use Services to create a competing product. User shall comply with all federal, state, and local laws, regulations and rules which govern the use of Services and information provided thereby SeekVerify may at any time mask or cease to provide User access to any Services or portions thereof which SeekVerify may deem, in SeekVerify's sole discretion, to be sensitive or restricted info.
Membership Requirements and Conditions
Membership can be obtained by submitting a complete and accurate online application to (the “Application”), agreeing to these Terms and Conditions, and receiving approval from SeekVerify. Members are able to, subject to the restrictions contained in these Terms and Conditions and for the applicable fees, conduct SeekVerify checks.
The following provisions apply to Users only to the extent that Users submit an Application and, if user’s Application is granted and user become a Member, User’s use of Member Services:
To join the Site as a Member, Users must be at least eighteen (18) years of age with the requisite equipment and Internet connection to access the Member Services. SeekVerify will evaluate users Application and notify users of users Application’s acceptance or rejection. If at any time any of the information user supplies as part of user’s Application changes, user must immediately inform SeekVerify of these changes. SeekVerify may reject user’s Application and/or terminate user’s Account at any time and for any reason, in SeekVerify’s sole discretion. If user elects to submit an Application, user acknowledge that user has independently evaluated the desirability of obtaining the Member Services and that user has not relied on any representation or warranty about the Member Services other than those set forth in these Terms and Conditions.
2. Account Username and Password
User may be required to register for a username or obtain a password prior to obtaining access to Member Services. User acknowledges and agrees that (a) he/she is responsible for maintaining the security and confidentiality of his/her username and password, (b) user will not use any other Member’s username and password to access that Member’s Account, (c) user will not permit others to access user’s Account, and (d) users will not sell, trade, or otherwise share users username and password with any other person. If user violates any of these provisions, user agrees that user is responsible for any actions that occur through users Account, whether or not taken by users.
3. Term and Termination
SeekVerify reserves the right, in its sole discretion, to restrict, suspend, or terminate user’s Account, with or without cause. You may, in users sole discretion, terminate users Account upon forty-eight (48) business hours’ prior written notice to SeekVerify.
Upon any expiration, termination, restriction, or suspension of users Account or users participation in the Member Services:
• Any and all licenses and rights granted to users in connection with these Terms and Conditions shall immediately cease and terminate;
• Any and all confidential or proprietary information of SeekVerify that is in users possession or control must be immediately returned or destroyed. If requested by SeekVerify, users or an authorized agent will certify in a signed writing that all such confidential and proprietary information has been returned or destroyed; and
• User shall remit payment on any and all fees then due and owed to SeekVerify within five (5) days of any such expiration or termination.
Obligations that, by their nature, would survive any termination or expiration of the Account shall survive any termination or expiration of the Account.
4. Fees and Billing
Failure to use the Member Services does not constitute a basis for refusing to pay any of the associated fees. Upon prior written notice to users (with e-mail constituting sufficient written notice), SeekVerify reserves the right in its sole discretion to change its pricing or billing practices. By not terminating users Account within seven (7) days after receiving such notice, users agree to comply with, and be bound by, the new pricing or billing practices. If users do terminate users account, users will remain responsible for timely payment of any and all fees that users have already incurred (including any applicable late fees).
If users 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. User Account may be deactivated, and access to the Site denied, for non-payment.
User agree to indemnify and hold SeekVerify, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Search Subject, arising from or related to: (a) users use of the Site or any Content users obtain through the Site, including, but not limited to, information obtained through SeekVerify Checks and other information about Search Subjects; (b) users failure to comply with these Terms and Conditions including, but not limited to, users violation of any laws or any rights of another individual or entity; or (c) any claim that SeekVerify is obligated to pay any taxes in connection with users use of the Site, Member Services, or otherwise. The provisions of this paragraph are for the benefit of SeekVerify, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys, and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on his, her, or its own behalf.
Disclaimer of Warranties
THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SEEKVERIFY CHECKS, MEMBER SERVICES, AND ANY OTHER SEEKVERIFY PRODUCTS OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE). DO NOT RELY ON THE SITE, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SEEKVERIFY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SEEKVERIFY CHECKS, MEMBER SERVICES, OR ANY OTHER SEEKVERIFY PRODUCTS OR SERVICES: (a) WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED TO USE SEEKVERIFY; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, MAINTENANCE, OR MALICIOUS ATTACKS), OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; OR (e) WILL BE 100% ACCURATE, COMPLETE, AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SEEKVERIFY CHECKS, MEMBER SERVICES AND ANY OTHER SEEKVERIFY PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. SEEKVERIFY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEEKVERIFY, ANY MEMBERS, THIRD-PARTY PROVIDERS, OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND SEEKVERIFY DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEEKVERIFY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SEEKVERIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SEEKVERIFY CHECKS, MEMBER SERVICES, OR ANY OTHER SEEKVERIFY PRODUCTS OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR PURCHASE OF OR OBTAINING ANY SEEKVERIFY PRODUCTS, SERVICES, CONTENT, OR OTHER DATA THROUGH THE SITE; (c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY SEEKVERIFY; AND (d) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER SEEKVERIFY PRODUCTS OR SERVICES. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE SEEKVERIFY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, SEEKVERIFY CHECKS, MEMBER SERVICES, OR ANY OTHER SEEKVERIFY PRODUCT OR SERVICE MAY BE BROUGHT BY YOU OR SEEKVERIFY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SEEKVERIFY. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Links to Third Party Websites and Advertisers
The Site contains links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use SeekVerify’s name and logo on their websites. SeekVerify does not control the information, products, or services available on or through these third party websites. The inclusion on the Site of a third-party link does not imply endorsement by SeekVerify of the applicable website or any association with the website’s operators. Because SeekVerify has no control over such websites, users agree that SeekVerify is not responsible or liable for the availability or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which shall be subject to those websites’ policies and terms. If Users click on any third-party advertisements on the Site, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between users and the applicable advertiser or other third party, and users agree that SeekVerify shall not be responsible or liable, directly or indirectly, for any loss or damage users suffer through users dealings with or based on users reliance on any material made available by such advertisers.
Mutual Arbitration and Class Action Waiver
Any dispute regarding any aspect of this Agreement or the termination thereof, or any act, which allegedly has or would violate any provision of this Agreement (“Arbitrable Dispute”) will be settled by binding arbitration in Suffolk County, New York before an experienced arbitrator or private judge selected from a list supplied by JAMS (Judicial Arbitration Mediation Services) and shall be conducted in accordance with the Federal Rules of Civil Procedure, the substantive law of the state in which the claim arose, and JAMS Consumer Arbitration Rules, in effect when the dispute is submitted to arbitration, or other rules mutually agreed upon in writing by the Parties, as the exclusive means of resolving such claim or dispute.
Excluded from arbitration, however, are any claims for declaratory or injunctive relief asserted under the Agreement or applicable law, and any other claims or disputes to the extent their adjudication is held by a court to be necessary to such declaratory or injunctive relief, in which case, such claims shall be governed by the laws of the state in which the claim arose, and shall be brought in any court of competent jurisdiction in Suffolk County, New York. To the extent there is a dispute concerning the enforceability of this provision, such dispute shall be resolved by the arbitrator, to the extent permitted by law, or otherwise, in accordance with the Federal Arbitration Act respecting contractual arbitration. The Arbitrator shall have the authority to award the prevailing party attorney fees and costs. The parties expressly waive the right to a jury trial, and agree that the arbitrator’s award shall be final and binding on both parties, subject to any appeal rights provided by law..
The parties also agree to arbitrate in each of their respective individual capacities only, not as a representative or member of a class, and each of the parties expressly waives any right to file a class action or seek relief on a class basis.
User agrees that any breach or threatened breach of these Terms and Conditions or any unauthorized or unlawful use of the Member Services or SeekVerify Checks would result in irreparable injury to SeekVerify for which monetary damages would be inadequate. In such event, SeekVerify 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 and Conditions shall be construed to limit any legal or equitable remedies available to SeekVerify.
To the extent that any information or material that appears on or is posted to the Site, or otherwise is made available by SeekVerify, contains any representation, term, or condition that is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence unless the new representation, term, or condition is contained in a signed writing by a duly appointed officer of SeekVerify.
Other than for payment obligations, neither party will be liable for, or be considered to be in breach of, these Terms and Conditions on account of either party’s delay or failure to perform as required under these Terms and Conditions 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 labor difficulties; and (b) the party is unable to overcome through the exercise of commercially reasonable diligence (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.
If any provision of these Terms and Conditions is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
SeekVerify’s failure to enforce a breach of or insist upon strict adherence to any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of SeekVerify’s right to enforce breaches of or insist upon strict adherence to such provision or any other provision of these Terms and Conditions. Any waiver of a provision of these Terms and Conditions must be contained in a signed writing by a duly appointed officer of SeekVerify.
SeekVerify reserves the right to restrict, suspend, or terminate users Account or access to the Site if we determine, in our sole and absolute discretion, that users have violated these Terms and Conditions.
These Terms and Conditions will be binding on, inure to the benefit of and be enforceable by SeekVerify’s successors and assigns. User is not permitted to transfer, assign, or delegate any rights or obligations pursuant to these Terms and Conditions unless contained in a signed writing by a duly appointed officer of SeekVerify, and SeekVerify reserves the right to immediately terminate users use of the Site and Member Services if users attempt to do so.
User Relationship with SeekVerify
Nothing in these Terms and Conditions creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between SeekVerify and users or any other party. You have no authority to make or accept any offers or representations on behalf of SeekVerify.
SeekVerify may provide legal and other notices to users, in SeekVerify’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 users have provided to SeekVerify. If users wish to provide notice to SeekVerify, users shall send such notice, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: SeekVerify, 150 Motor Parkway<br>Suite 401, #7668<br>Hauppauge, NY 11788. Notices users 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 SeekVerify.
How to Contact SeekVerify
Our “Contact Us” page contains information that allows users to contact us directly with any questions or comments that users may have. We endeavor to review and reply promptly to each comment sent to us. If Users have any questions about these Terms and Conditions or the practices of SeekVerify, or if Users would like to register a complaint, notify SeekVerify of a dispute, notify SeekVerify of inaccurate or misleading information, or notify us of improper use of the SeekVerify Checks, please feel free to contact us at 1-888-324-0755, at firstname.lastname@example.org or at:
150 Motor Parkway
Suite 401, #7668
Hauppauge, NY 11788