TERMS & CONDITIONS
The iVerid8 service found at iVerid8.com (collectively the “Site”), our services, are vehicles for individuals to join a membership network and to conduct public records and information searches throughout the United States (individually and collectively, “iVerid8” or “Service”). iVerid8 and the site are owned and managed by iVerid8 (“iVerid8”, “we” or “us”). This is a legal agreement (“Agreement”) between you and iVerid8.
Please read the Agreement carefully before registering for the Service. Failure to adhere to your responsibilities under this Agreement will result in termination of your account and/or may expose you to liability. By registering for iVerid8 you become a licensed member of the Service (a “Member” or “you”), and you agree to be bound by the terms and conditions of this Agreement (the “Terms”) for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the Service. You must be 18 years or older to purchase and use the Services. By accessing the Site you are certifying that you are at least 18 years or age. Use of the Site and the Services are void where prohibited.
QUALIFICATIONS FOR SERVICE:
In consideration of your use of the site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You agree to full comply with these Terms.
MODIFICATION OF TERMS:
You should periodically review these Terms as iVerid8 may revise them from time to time its sole and absolute discretion. Your use of this Site and the Service signify your complete acceptance of these Terms. iVerid8 will provide notice of changes to the Terms by posting the new Terms on the Site. All such changes in the Terms shall be effective from the such changes are posted on this Site. Should you object to any term or condition of these Terms, any guidelines or any subsequent modifications thereto or become dissatisfied with the Site or the Service in any way, your only recourse is to immediately discontinue use of the Site and the Services.
TERMINATION OF MEMBERSHIP:
Either party may terminate membership for any reason. You may terminate your membership at anytime by cancelling your membership. iVerid8 may suspend or terminate your membership and access to the Site and the Service, without notice for any reason, including, without limitation, use inconsistent with these Terms, illegal use, and network or server abuse.
USE OF SERVICE:
Your membership in the service is for your sole, personal use and enjoyment. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Utilizing information obtained from the Site for anything other than your own personal use is prohibited and done solely at the risk of the member. No representations, neither express nor implied, or made as to the validity of any data provided. While iVerid8 has made every effort to supply you with current and valid data; there can be no guarantee as to any specific piece of data obtained by members. Our Service searches and gathers compilations of criminal and other records that are on public record. We do not make any representations that information available on public records is accurate. In addition, searches can be conducted with a number of variables and therefore we do not control the accuracy of any search conducted. You will use the Service in a manner consistent with any and all applicable laws and regulations. You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
e. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
j. intentionally or unintentionally violate any applicable local, state, national or international law; or
k. “stalk” or otherwise harass another; or collect or store personal data about other users.
DISCLAIMER OF WARRANTIES:
iVerid8 is providing information on this Site for informational purposes only. iVerid8 MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. iVerid8 DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. To the fullest extent permitted by law, iVerid8 disclaims any warranties for the security, reliability timeliness, accuracy and performance of the site and the Service, for other services or goods received through or advertised on the site or the Service or accessed through any links on the site, and/or any warranties for viruses or other harmful components in connection with the Site or the Service. iVerid8 does not make any representation that the information accessed from the Site is accurate since the Service searches and gathers information from other sources, including public records that may not be accurate or complete. In addition iVerid8 does not control the accuracy of the searches conducted nor the data provided.In providing this Service, iVerid8 is not rendering legal, private investigation or other professional services. If legal, investigative or other expert assistance is required, the services of a competent professional should be sought. Any data derived from the Service should be independently verified at the originating agency source prior to relying on same and should not to be used for any purpose described under the Fair Credit Reporting Act. All searches are subject to applicable law and are void where prohibited.
THIRD PARTY SITES:
Throughout this Site, hyperlinks to other web based sites are provided for all Members’ convenience. Such external web sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of iVerid8. iVerid8does not endorse, approve, certify, or control these external Web sites and does not guarantee the accuracy, completeness, efficacy, or timeliness of information located at such web sites. iVerid8 assumes no liability for the accuracy, or availability of any information on these web sites or for any fees charged by such sites. Use of any information obtained from such web sites is voluntary on the part of the member, and reliance on such information should only be undertaken at Member’s own risk. Reference therein to any specific commercial product, process or service does not constitute or imply endorsement, recommendation or favoring by iVerid8. iVerid8 cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Site since other shop channels are owned and operated by independent retailers. iVerid8 does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
You agree that in order to provide you this Service, iVerid8 can place advertisements into any interface provided by iVerid8. Such advertisements are under ‘iVerid8’ sole and absolute control and may not, under any circumstances, be removed.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL iVerid8 (OR ITS SUBSIDIARIES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS SERVICES AND RELATED MATERIALS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES whether the damages arise from use or misuse of the site or the Service, from the inability to use the site or the Service, or the interruption, suspension, modification, alteration, or termination of the site or the Service, such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the site or the Service or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the site or the Service or any links on the site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF iVerid8 HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF HD PUBLISHING GROUP AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO iVerid8. These limitations shall apply to the fullest extent permitted by law.
MEMBER APPLICATION PROCESSING FEE:
You acknowledge and agree to a non-refundable application processing fee of $15.00, to run the application and background check review process, regardless of the outcome. iVerid8 guarantees applicants access to review the application results for a period of sixty (60) days from the date of report completion. Unapproved applicants will receive a refund for subscription charges applied less the non-refundable $15.00 processing fee, within ten (14) business days from completion of the review process and results.
MEMBER SUBSCRIPTION FEES:
You acknowledge and agree that you will be charged a subscription fees based on your subscription selection. You can cancel your iVerid8 subscription at any point during your subscription term.
Under no circumstance will subscription charges be refunded, regardless of the amount of time left on the member’s term. You agree that if and when you choose to cancel your membership, you will do so by logging into your profile, accessing your Account Infomation page to update or change your membership information. Following cancellation, you will continue to have full access to your membership for the remainder of the term for which you have paid, provided you otherwise are in compliance with this Agreement. Refunds will not be issued for early cancellation or inactivity. Should a refund be granted, for any reason, in any form (a credit or a complimentary subscription), the maximum refund allowed per member will be equal to three months of service, or $75.00, whichever is greater.
BACKGROUND CHECK FEES:
You acknowledge and agree that you are charged a background check report fee, determined by the report package and/or membership you select. Under no circumstance will your background check report fees be refunded. You will have access to review reports for sixty (60) days by logging into your iVerid8 account before the report expires.
To ensure you receive uninterrupted use of the Service, your purchased membership plan, will automatically renew 24 hours before expiration. You may disable automatic renewal anytime after purchase in your Account Information page. By providing us with your payment information, you authorize and instruct iVerid8 to bill your credit card account for the amount of your initial subscription fee, and to bill that account again each time that the current term of your subscription is about to expire in the future. If at any time you do not want to automatically renew your subscription in the future, please make appropriate changes in the Account Information page.
LIMITATION ON RE-ACTIVATION:
You agree your profile is valid for twelve (12) months from the date of the original application approval by member/computer/email address and can be re-activated within that period. You further agree that if and when you choose to re-activate and continue your subscription after the twelve (12) month period, you will be required to resubmit review and background check verification to confirm your profile information accuracy and maintaining the minimum requirements. You agree to pay any and all fees required to re-activate membership subscription.
We may supplement information you give us with information from other sources, such as information to validate or update your address, payment card or other information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes.
INDEMNITY BY MEMBER:
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS iVerid8, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST IVERID8, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF:
(A) YOUR ACCESS OR USE OF THE SERVICE;
(B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT;
(C) A VIOLATION OF THE TERMS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON’S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
iVerid8 does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will iVerid8 be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or Service, or transmitted to members. You understand that all material transmitted through, or linked from the Site or Service is the sole responsibility of the person or entity from whom such material originated. Furthermore, the Site, Service and material available through the Service may contain links to other web sites, which are completely independent of iVerid8. Those links do not imply any endorsement by iVerid8 and iVerid8 makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other web sites is at your own risk.
iVerid8 and all other proprietary rights in the Site are the intellectual property of iVerid8 LLC. All rights are reserved. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. We retain full copyright ownership, rights and protection in all material contained on the site (including all software, HTML code and other code). None of the material contained in the Site may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Site are limited to one copy for personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of iVerid8. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use iVerid8 name and logo(s) are trademarks of ours and are protected by state and federal laws. Other logos, and trademarks and service marks depicted on this site are the property of their respective owners. Your unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could subject you to substantial civil penalties.
Any passwords used for the Site are for individual use only. You shall be responsible for the security of your password (if any). iVerid8 shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that iVerid8 considers insecure, iVerid8 will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, iVerid8 reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
iVerid8 reserves the unfettered right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission you make. iVerid8 may seek to gather information from the user who is suspected of violating these terms, and from any other user. iVerid8 may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If iVerid8 believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. iVerid8 will fully cooperate with any law enforcement authorities or court order requesting or directing iVerid8 to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS IVERID8 FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY IVERID8 DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER iVerid8 OR LAW ENFORCEMENT AUTHORITIES.
iVerid8 makes no representation that materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
IVERID8’S USE OF CONTENT:
iVerid8 will consider anything you provide to iVerid8 and/or contribute to the Site as available for our use free of any obligations to you. Subject to the provisions of any additional terms, by posting or uploading any content to the Site and/or providing any communication or material to iVerid8 (“User Content”), you automatically and irrevocably:
(a) grant and assign to iVerid8 any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by iVerid8 and/or by any person authorized by iVerid8 , by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
(b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(c) appoint iVerid8 as your agent with full power to enter into any document and/or do any act iVerid8 may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(d) warrant that you are the owner of the User Content and entitled to enter into these TERMS;
(e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that iVerid8 shall not be liable for any use or disclosure of such User Content.
SERVER DOWNTIME POLICY:
While iVerid8 attempts to maintain its server up 100% of the time, we reserve the right to schedule routine maintenance on our servers, as well as routine upgrades. Maintenance may affect the availability of Service for short periods of time. We disclaim liability for server downtime as set forth above.
To resolve a complaint regarding the this agreement, the Site or the Service (“Dispute”), you hereby agree to complete an email form located in ‘Contact Us’ page and to work in good faith towards a successful resolution of your Dispute for a period of up to thirty (30) days prior to initiating any further legal remedies which might be available to you by law. Should the Dispute not be satisfactorily resolved within sixty (60) days following an emailing of said complaint, the Dispute shall be referred to final, binding arbitration by a single neutral arbitrator appointed in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The venue for arbitration shall be Orange County, California. The arbitrator shall apply the substantive law of the State of California, without giving effect to the conflicts of laws provisions thereof, and shall have the power to interpret such substantive California law to the extent it is unclear. The parties surrender and waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The arbitrator shall not have the power to award punitive, consequential, indirect, or special damages. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to iVerid8, the Site or the Services must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
The rights and obligations herein may not be assigned or delegated. If any inconsistency exists between the terms of these Terms and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible; otherwise, these Terms shall control. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of our right to enforce such terms. These Terms constitute the entire and only agreement between you and iVerid8 with respect to use of the Site, and supersedes any prior agreements, oral or written, between you and iVerid8. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this Terms shall not be binding on iVerid8. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, Indemnity and General Information shall survive any such termination.
Please report any violations of these Terms by visiting our ‘Contact Us’ page and selecting the correct email form.
HOW TO CONTACT US:
This Site is controlled and operated by iVerid8, LLC. Please forward any comments by visiting our ‘Contact Us’ page and selecting the correct email form.
© 2011, iVerid8 Effective Date: August, 2011