BEVERIFIED.COM TERMS OF USE
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE
BEFORE USING THIS SITE, AS USE OF THE SITE AND SERVICES CONTAINED HEREIN WILL
INDICATE YOUR ACCEPTANCE OF THESE TERMS. ANY USE OF THIS WEBSITE SHALL CREATE
A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT
AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY EXIT THIS SITE.
USER AGREEMENT The following Terms of Use, Nondisclosure Agreement and Special
Power of Attorney (collectively the "Agreement") between you and
BeVerified, Inc., a Georgia corporation ("BeVerified.com", "BeVerified",
"we", or "us") that sets forth the terms and conditions
for your use of this web site (the "Site") and/or anyone that uses
your account. The Site is owned and operated by BeVerified. This Site is being
provided to you expressly subject to this Agreement. By accessing, browsing
and/or using this Site, or any services we may provide, you acknowledge that
you have read, understood, and agree to be bound by the terms of this
Agreement and to comply with all applicable laws, rules and regulations.
BeVerified reserves the right, at its sole and exclusive discretion, to
change, modify, add or remove any portion of the Site, content, the Agreement,
and/or the Privacy Policy, in whole or in part, at any time. You should check
this Agreement periodically for changes. All changes shall be effective upon
posting on Site. Your continued use of the Site after any change to this
Agreement constitutes your acceptance to such changes. We may terminate,
suspend, change, or restrict access to all or any part of this Site without
notice or liability.
SERVICES AND RULES OF USE As a convenience to its visitors, BeVerified may
provide, from time to time and at its sole discretion, one or more Services,
such as chat areas, message boards, e-mail functions, instant messaging
service, voice-mail, file communities, polls, surveys, and other services.
These Services are provided by BeVerified to you and others subject to the
Agreement and/or the Privacy Policy, and other rules that may be published
from time to time by BeVerified .
LIMITATIONS OF USE The copyright in all material on this Site, including
without limitation the data, text, articles, source code, design, software,
images, photos and other information (collectively the "Content"),
is held by BeVerified or by the original creator (“Owner”) of the material
and is protected by U.S. and international copyright laws and treaties.
You agree that the Content may not be distributed, copied,
displayed, reproduced, republished, posted or transmitted in any form or by
any means, including, but not limited to, verbal, electronic, mechanical,
photocopying, recording, or otherwise, without the express prior written
consent of the Owner. You acknowledge that the Content is and shall remain the
property of the Owner. You may not modify, participate in the transfer or sale
of, or create derivative works based on any Content, in whole or in part. The
use of the Content on any other Site, including by framing or linking, or in
any networked computer environment for any purpose, is prohibited without
BeVerified's prior written approval. You also may not, without BeVerified's
express written permission, "mirror" any material contained on this
Site on any other server. Any unauthorized use of any Content on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications statutes and regulations. You agree to use the Content and Site
only for lawful purposes. You are prohibited from any use of the Site or
Content that would constitute a violation of any applicable law, regulation,
rule or ordinance of any nationality, state, or locality or of any
international law or treaty, or that could give rise to any civil or criminal
liability. Any unauthorized use of the Site, including but not limited to
unauthorized entry into BeVerified's systems, misuse of passwords, or misuse
of any information posted on the Site is strictly prohibited. BeVerified makes
no claims concerning whether the Content may be downloaded or is appropriate
for use outside of the United States. If you access this Site from outside of
the United States, you are solely responsible for ensuring compliance with the
laws of your specific jurisdiction. Your eligibility for particular products
or services is subject to final determination by BeVerified.
You also agree that you will not utilize any information on
the BeVerified website for any of the following purposes: determining a
consumers credit worthiness, and, or, to utilize any personal information on
our site for a purpose of serving as a factor in establishing the consumers
eligibility for credit, insurance, or employment purposes, or a future
transaction. Furthermore you agree that any and all information contained
within the site shall not be utilized to judge a consumers character, general
reputation, personal characteristics, or mode of living, and that it shall not
be utilized for debt collection purposes.
Other corporations, their agents, employees, or assigns may
not utilize the BeVerified website for any purpose, without the signed in hand
written consent of BeVerified with corporate seal attached, including but not
limited to their use of the site for investigative purposes or in preparation
of any civil suit. Any corporation, its agents, employees or assigns that do
utilize the BeVerified website, with or without written authorization by
BeVerified, agrees that this Agreement supersedes any other Terms of Use or
Service that BeVerified may have agreed to, if BeVerified, its agents,
clients, users, or assigns, have accessed and, or, utilized such corporations
website or services. Other corporations, agents, employees, or assigns that do
utilize BeVerified agree that they have consulted with their corporate counsel
and agree that they shall protect, indemnify, hold harmless, and defend
BeVerified against any and all actions resulting from their use of, or the
content of the BeVerified website, and, or the use, or the submissions, of the
Borrowers and Lenders that utilize the BeVerified website.
TERMINATION AND PURGING OF YOUR INFORMATION You understand and agree that
BeVerifed may, in its sole discretion and at any time, terminate your
password, User Account/Virtual Storage File, or use of any Services, and
discard and remove any and all Submissions submitted or posted by you to any
BeVerified Site or Service, for any reason. BeVerified may also, in its sole
discretion and at any time, discontinue any Sites or Services or limit or
restrict any user access thereto, for any reason. You understand and agree
that BeVerified may take any one or more of these actions without any notice
to you, prior or otherwise. Should BeVerified take any of these actions, it
may, in its sole discretion, immediately deactivate and/or delete any or all
information about and concerning your User Account/Virtual Storage File,
including your Registration Information and Submissions. You understand and
agree that BeVerified shall not have any liability to you or any other person
for any termination of your access to any Services and/or the removal of
information concerning your User Account/Virtual Storage File.
TRADEMARKS BeVerified (including the BeVerified logo), beverified.com, and all
related logos (collectively the "BeVerified Trademarks") are
trademarks or service marks of BeVerified. Other company, product, and logos
and service names used and displayed on this Site may be trademarks or service
marks owned by BeVerified or others. Nothing on this Site should be construed
as granting, by implication, estoppel, or otherwise, any right or license to
use any of the BeVerified trademarks displayed on this Site, without our prior
written permission in each instance. You may not use, display, copy,
distribute, reproduce or modify any of the trademarks found on the Site unless
in accordance with written authorization by us. We prohibit use of any of the
BeVerified trademarks as part of a link to or from any site unless
establishment of such a link is approved in writing by us in advance. Any
questions concerning any BeVerified Trademarks, or whether any logo or mark is
a BeVerified Trademark, should be referred to BeVerified.
LINKS TO THIRD-PARTY SITES AND ADVERTISEMENTS BeVerified sites may frame,
and/or contain links to or advertisements about, third-party sites not under
our corporate control (the “third-party sites”) Other sites may also
reference, advertise, or link to BeVerified sites. BeVerified does not endorse
or sponsor other web sites and is not responsible for the content of such
sites. BeVerified expressly disclaims any statements or assertions made on
sites not under our corporate control, and denies all liability associated
with your use of, and the content on, such other sites and advertisements.
This site may contain links to web sites owned, controlled, and operated by
third parties (the "third-party sites"). BeVerified cannot control
and has no responsibility for the availability or accuracy of information or
content provided on the third-party sites. You acknowledge that use of any
third-party sites is governed by the terms of use for those websites, and not
by this Agreement. Links to third-party sites do not constitute an endorsement
or recommendation by BeVerified of such sites or the products, content,
advertising or other materials presented on such sites, but are only for your
convenience and you access them at your own risk. Such third-party sites may
provide less security than this Site and have a privacy policy different from
that of BeVerified. We urge all users to read the privacy policy of such
third-party sites. We are not responsible for the content of any third-party
web sites, nor do we make any warranties or representations, express or
implied, regarding the content (or the accuracy of such content) on any
third-party web sites, and BeVerified shall have no liability of any nature
whatsoever for any failure of services or products offered or advertised at
such sites or otherwise.
DISCLAIMER OF WARRANTIES NEITHER BEVERIFIED, NOR ANY OF ITS AFFILIATES,
PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "BEVERIFIED
PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY,
COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND BEVERIFIED DISCLAIMS
LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. THIS SITE AND ALL OF THE
CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE
CONTENT. BEVERIFIED PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT. BEVERIFIED MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT
AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO
YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND BEVERIFIED
PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND
ANY SUCH INFORMATION. BEVERIFIED RESERVES THE RIGHT TO TERMINATE ANY OR ALL
SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD
CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS
AT YOUR OWN RISK.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL BEVERIFIED PARTIES BE
LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, NON-PAYMENT OF LOANS OR BUSINESS INTERRUPTION) OF
ANY KIND WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHERWISE ARISING OR
RELATING IN ANY WAY TO ANY TRANSACTION ARISING FROM YOUR USE OF THIS SITE, THE
USE OR INABILITY TO USE THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH
THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF BEVERIFIED PARTIES, OR
REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
LOSSES OR EXPENSES. BEVERIFIED IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS
SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA,
YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE
INVALID, YOU AGREE THAT BEVERIFIED PARTIES' TOTAL LIABILITY FOR ALL DAMAGES,
LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE
AMOUNT BEVERIFIED ACTUALLY RECEIVED IN
CONNECTION WITH THE TRANSACTION AT ISSUE. BEVERIFIED EMPLOYEE'S DO NOT HAVE
THE RIGHTS TO BIND BEVERIFIED TO ANY AGREEMENTS, LEGAL OR OTHERWISE.
INDEMNIFICATION You agree that BeVerified shall not be liable for any loss
sustained by you resulting from your use of the site, or from any other act or
omission of BeVerified under this Agreement unless such loss is caused by the
gross negligence or willful misconduct of BeVerified. You shall and do hereby
agree to indemnify BeVerified for, and to hold BeVerified harmless from, any
and all liability, loss or damage incurred under this Agreement related to (i)
materials and content you submit to, post to or transmit through the Site, or
(ii) your use of the Site in violation of this Agreement or in violation of
any applicable law. The indemnities contained in this paragraph shall include
liability, loss or damage resulting from the negligence of BeVerified but not
the gross negligence or willful misconduct of BeVerified. Should BeVerified
incur any liability under this Agreement by reason of the above or as a result
of litigation pursued by you against BeVerified, or the exercise of rights or
remedies hereunder, or in defense of any such claims or demands, the amount
thereof, including reasonable costs, expenses and reasonable attorneys' fees,
shall be secured hereby and you shall reimburse BeVerified therefor
immediately upon demand.
You further agree to indemnify and hold harmless BeVerified
from and against any and all claims, losses, expenses, demands or liabilities
of any kind, including attorneys' fees and costs, incurred by BeVerified in
connection with any claim by a third party (including any intellectual
property claim) arising out of (i) materials and content you submit to, post
to or transmit through the Site, or (ii) your use of the Site in violation of
this Agreement or in violation of any applicable law. You further agree that
you will cooperate fully in the defense of any such claims. BeVerified
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and you
shall not in any event settle any such claim or matter without the written
consent of BeVerified. You further agree to indemnify and hold harmless
BeVerified Parties from any claim arising from a third party's use of
information or materials of any kind that you post to the Site.
MONITORING OF THE SITE BeVerified has no obligation to monitor the Site;
however, you agree and acknowledge that BeVerified has the right to monitor
the Site electronically from time to time. BeVerified reserves the right to
post or to remove any information or materials, in whole or in part, that, in
its sole discretions, are unacceptable, undesirable, or in violation of this
Agreement. BeVerified reserves the right to disclose any information as
appropriate or necessary to satisfy any law, regulation or other governmental
request, to operate the Site, or to protect itself or other users of the Site.
SUBMISSIONS TO THE SITE All remarks, discussions, ideas, concepts, know-how,
techniques, graphics or other idea submissions communicated to BeVerified
through this Site (collectively, "Submissions") will be deemed and
remain the property of BeVerified, and BeVerified is legally entitled to use
any Submission for any purpose, without restriction or compensation to the
individual who has provided the Submission. BeVerified shall not be subject to
any obligations of confidentiality regarding Submissions except as expressly
agreed by BeVerified or as otherwise required by applicable law. Nothing
herein contained shall be construed as limiting BeVerified's obligations and
responsibilities under its Privacy Policy, which is incorporated herein by
reference.
USE OF PERSONALLY IDENTIFIABLE INFORMATION BeVerified's practices and policies
with respect to the collection and use of personally identifiable information
are governed by BeVerified's Privacy Policy.
AVAILABILITY This Site is not intended for distribution to, or use by, any
person or entity in any jurisdiction or country where such distribution or use
would be contrary to applicable law or regulation. By offering this site and
Content no distribution or solicitation is made by BeVerified to any person to
use the Site or Content in jurisdictions where the provision of the site
and/or content is prohibited by law.
TERMINATION This Agreement is effective until terminated by BeVerified.
BeVerified may terminate this Agreement at any time without notice, or suspend
or terminate your access and use of the Site at any time, with or without
cause, in BeVerified's absolute discretion and without notice. The following
provisions of this Agreement shall survive termination of your use or access
to the Site: the sections concerning Indemnification, Disclaimer of
Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute
Resolution, and General Provisions, and any other provision that by its terms
survives termination of your use or access to the Site.
WAIVER Failure by BeVerified to enforce any of its rights under this Agreement
shall not be construed as a waiver of those rights or any other rights in any
way whatsoever.
APPLICABLE LAW AND DISPUTE RESOLUTION. THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND
STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAW AND ANY ACTION ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE FILED IN COURTS OF
COMPETENT JURISDICTION LOCATED IN NEWTON COUNTY, GEORGIA. YOU ARE RESPONSIBLE
FOR COMPLYING WITH YOUR OWN LOCAL LAWS.
Should you bring legal action against BeVerified, you
irrevocably agree any cause of action shall be brought and maintained on an
individual basis (and not consolidated with similar cases) within one (1) year
after the claim arises or any and all said claims shall be barred.
OTHER AGREEMENTS This Agreement shall be subject to any other agreements you
have entered into with BeVerified.
ADDITIONAL TERMS Certain sections or pages on the Site may contain separate
terms and conditions of use, which are in addition to the terms and conditions
of this Agreement. In the event of a conflict, the additional terms and
conditions will govern for those sections or pages.
SEVERABILITY If any provision of this Agreement is found to be invalid or
unenforceable, the remaining provisions shall be enforced to the fullest
extent possible, and the remaining provisions of the Agreement shall remain in
full force and effect.
GENERAL PROVISIONS This Agreement supersedes any previous Agreement to which
you and BeVerified may have been bound. This Agreement will be binding on,
inure to the benefit of, and be enforceable against the parties and their
respective successors and assigns. Neither the course of conduct between
parties nor trade practice shall act to modify any provision of the Agreement.
All rights not expressly granted herein are hereby reserved. Headings are for
reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section. The terms "Borrower" and
"Lender" in both the singular and plural form, as may be used on our
Site, are for the sake of simplicity only and should only be used as a
reference. BeVerified is not a lending institution nor a credit reporting
agency. We do not have the technical ability to prepare a credit report on
your behalf.
COPYRIGHT COMPLAINTS If you believe, in good faith, that any materials on the
Site infringe your copyrights, notifications of claimed copyright infringement
should be sent to BeVerified's designated agent. Notification should include:
• an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest, or other intellectual property
interest;
• a description of the copyrighted work, or other intellectual property
interest, that you claim has been infringed;
• a description of where the material you claim is infringing is located on
the Site, with enough detail that we may find it on the site;
• a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent or the law;
• a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright, or
intellectual property owner or duly authorized to act on the copyright owner's
behalf. BeVerified's agent for notification of claimed copyright infringement
is:
BeVerified, Inc.
Att: Dan Reeves
P.O. Box 1135
Covington, Ga. 30015
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