This Terms of Service Agreement (the “Agreement”) is entered into by and between EndsVerify, Inc., a Minnesota corporation (“EndsVerify”), and you, and is made effective as of the date of your use of this website (the “Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the personal identity and age verification products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services.
BY CLICKING THE “VERIFY MY AGE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, OR OTHER ENDSVERIFY SOFTWARE, SERVICES, WEBSITES OR ANY OF ENDSVERIFY’S LICENSEES SERVICES OR SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, TOGETHER WITH ANY DOCUMENT, POLICIES AND AGREEMENTS THEY INCORPORATE BY REFERENCE, WHICH MAY INCLUDE TERMS AND CONDITIONS FROM THIRD PARTIES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.
The terms “we”, “us” or “our” shall refer to EndsVerify. The terms “you”, “your”, “User”, or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Unless expressly provided herein, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
EndsVerify may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.
This Site and the Services are available only to Users who are 18 years of age or older. By using the Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction. If you do not meet all of these requirements, you must not access the website.
If you are entering into this Agreement on behalf of a corporate entity, such as the company you work for, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, EndsVerify finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. EndsVerify shall not be liable for any loss or damage resulting from EndsVerify’s reliance on any instruction, notice, document or communication reasonably believed by EndsVerify to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, EndsVerify reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
ACCOUNTS AND SERVICES
To access some of the features of this Site or use some of the Services, you may be asked to provide certain registration details or other personal information (an “Account”). It is a condition of your use of this Site that all the information you provide on this Site will be correct, current and complete. EndsVerify has the right to refuse you access to this Site or the Services, and to terminate your access at any time. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password and Payment Method(s) (as defined below). You must notify EndsVerify immediately of any breach of security or unauthorized use of your Account. EndsVerify will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss EndsVerify or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
If you provide personal information to us directly, you acknowledge and agree that you have the necessary rights and permissions to share all information necessary to initiate the Services with EndsVerify. You acknowledge and agree that the Services may be provided by independent contractors or third party service providers.
ACCURACY OF PERSONAL INFORMATION AND DOCUMENTATION PROVIDED
YOU CERTIFY THAT, UNDER PENALTY OF LAW, THE PERSONAL INFORMATION, INCLUDING BUT NOT LIMITED TO YOUR NAME, DATE OF BIRTH, AND SOCIAL SECURITY NUMBER (EITHER IN WHOLE OR IN PART), AND ANY RELATED PERSONAL DOCUMENTATION, INCLUDING BUT NOT LIMITED TO PHOTOGRAPHIC IDENTIFICATION, YOU PROVIDE TO ENDSVERIFY IS TRUE AND CORRECT AND PROVIDES THE NECESSARY INFORMATION AND DOCUMENTATION FOR ENDSVERIFY TO ACCURATELY VERIFY YOUR AGE AND IDENTITY. YOU UNDERSTAND THAT KNOWINGLY PROVIDING, PRODUCING, TRANSFERRING, OR USING, WITHOUT LAWFUL AUTHORITY, A MEANS OF IDENTIFICATION OF ANOTHER PERSON, OR OTHER FALSE IDENTIFICATION OR IDENTIFYING INFORMATION, WITH INTENT TO COMMIT, OR TO AID OR ABET, ANY UNLAWFUL ACTIVITY THAT CONSTITUTES A VIOLATION OF FEDERAL LAW, SUCH AS IDENTIFICATION FRAUD, MAIL FRAUD, COMPUTER FRAUD, WIRE FRAUD, OR FINANCIAL INSTITUTION FRAUD, OR THAT CONSTITUTES A MISDEMEANOR OR FELONY UNDER ANY APPLICABLE STATE OR LOCAL LAW, SUCH AS FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES UNDER APPLICABLE LAW.
AVAILABILITY OF WEBSITE AND SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
GENERAL RULES OF CONDUCT AND PROHIBITED USES
You agree not to access or use the Site or Services in any manner (as determined by EndsVerify in its sole and absolute discretion):
Further, you agree that
All content available through the Services, including design, texts, graphics, scripts, source code, API, photos, images, video, information, audio and other files, and their selection and arrangement, and all software used to provide the Services, including all trademarks, service marks, and logos contained therein (collectively, “EndsVerify Content”), are the proprietary property of EndsVerify or EndsVerify’s licensors. EndsVerify Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any EndsVerify Content. Any use of EndsVerify Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any EndsVerify Content. EndsVerify Content is provided to you “as is”, “as available” and “with all faults.” All rights to use EndsVerify Content that are not expressly granted in this Agreement are reserved by EndsVerify and EndsVerify’s licensors.
BILLING AND PAYMENT INFORMATION
8.1 General Terms. You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. EndsVerify expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in questions come up for renewal as further described below.
By providing Payment Method information, you warrant, represent, and covenant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law. When you authorize a payment using a Payment Method, you warrant, represent, and covenant that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
8.3 Prepayment. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account. 8
8.4 Auto-renewal. Unless otherwise provided, you agree that until and unless you notify EndsVerify of your desire to cancel the Services, your approved Payment Method will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services.
8.5 Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to EndsVerify’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
8.6 Late Payment. All invoices must be paid within thirty (30) days of the invoice due date. Any invoice that is outstanding for more than thirty (30) days may result in the suspension or termination of Services. This may result in loss of your data. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein within thirty (30) days of the invoice due date, EndsVerify may suspend or terminate your account, which may result in the total loss of your data and pursue the collection costs incurred by EndsVerify, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. EndsVerify is not responsible for loss of customer data as a result of customer’s failure to comply with the payment terms of this Section 7. EndsVerify will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
8.7 Invoice Disputes. You have sixty (60) days to dispute any charge or payments processed with EndsVerify. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
THIRD PARTY PRODUCTS AND SERVICES
8.1 Third Party Providers. EndsVerify may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. 9 EndsVerify does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with those third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. EndsVerify is not an agent, representative, trustee or fiduciary of you or the third party in any transaction.
8.2 Third Party Websites. The Services may contain links to other websites that are not owned or controlled by EndsVerify (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sounds, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
ADDITIONAL RESERVATION OF RIGHTS
EndsVerify expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by EndsVerify in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by EndsVerify in offering or delivering any Services, (ii) to protect the integrity and stability of our Services, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of EndsVerify, its officers, directors, employees and agents, as well as EndsVerify’s affiliates, including, but not limited to, instances where you have sued or threatened to sue EndsVerify.
We do not tolerate the transmission of spam. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the CanSpam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will suspend or cancel any applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the Services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the Services in question.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. ENDSVERIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ENDSVERIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ENDSVERIFY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ENDSVERIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. ENDSVERIFY WILL MAKE A GOOD FAITH EFFORT TO VERIFY CUSTOMER DATA AND AUTHORIZED USER DATA AGAINST A COMMERCIALLY AVAILABLE DATABASE OR AGGREGATE OF DATABASES THAT IS REGULARLY USED FOR THE PURPOSE OF AGE AND IDENTIFY VERIFICATIONS. DUE TO THE NATURE OF THE ORIGIN OF PUBLIC RECORD INFORMATION, THE PUBLIC RECORDS AND COMMERCIALLY AVAILABLE DATA SOURCES USED IN REPORTS MAY CONTAIN ERRORS. SOURCE DATA IS SOMETIMES REPORTED OR ENTERED INACCURATELY, PROCESSED POORLY OR INCORRECTLY, AND IS GENERALLY NOT FREE FROM DEFECT. THE SERVICE AGGREGATES AND REPORTS DATA, AS PROVIDED BY THE PUBLIC RECORDS AND COMMERCIALLY AVAILABLE DATA SOURCES, AND IS NOT THE SOURCE OF THE DATA, NOR IS IT A COMPREHENSIVE COMPILATION OF THE DATA.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL 12 SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ENDSVERIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ENDSVERIFY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ENDSVERIFY’S TOTAL AGGREGATE LIABILITY EXCEED $1,000.00 U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless EndsVerify and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by EndsVerify directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
NO THIRD-PARTY BENEFICIARIES
Unless expressly provided herein, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; 14 or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
COMPLIANCE WITH LOCAL LAWS
EndsVerify makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY; ARBITRATION
This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Texas, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Travis County, Texas, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Travis County, Texas.
Both parties agree that, except as otherwise provided herein, all disputes (including any dispute involving interpretation, applicability, enforceability, or formation of the Agreement, including any claim that the Agreement or any part of it is void or voidable) will be resolved by binding, individual arbitration under the American Arbitration Association’s rules. Both parties waive trial by 15 jury. As an alternative, either party may bring a claim a claim in Customer’s local “small claims” court if permitted by that court’s rules. Additionally, either party may seek emergency injunctive relief by filing for such in accordance with this Section 23. You may bring claims only on your own behalf. Neither party may participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidate claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unable or unwilling to set a hearing date within one hundred and sixty (160) days of filing the case, then either party may elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict this this Agreement.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Ends Verify, LLC
8237 93rd Avenue North
Brooklyn Park, MN
If you have any feedback, comments, requests for technical support, questions about this Agreement, or other communications relating to the Website, please contact us by email at the following address:
Last updated 11/30/2016