Thank you for visiting the BeenVerified™ website located at www.beenverified.com (the “Site”). The Site is an Internet property of BeenVerified, Inc. (“BeenVerified™,” “we,” “us”). You agree to the following BeenVerified™ Website Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use our Site; and/or (b) register as a BeenVerified™ member (“Member”), which enables you to utilize a host of services made available to Members by and through the Site (“Member Services”). If you do not agree to these Terms and Conditions in their entirety, you are not authorized to use the Site in any manner or form whatsoever. BeenVerified™ is a database of publicly available sources of information aggregated for your convenience. The BeenVerified™ Checks (as defined below) made available by and through the Site are provided for informational purposes only, and contain ratings and other accreditations that are provided by third party entities that offer such products and/or services. While we are constantly updating and refining our database and service, we do not represent or warrant that the results provided will be 100% accurate and up to date and, as such, BeenVerified™ shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site including, without limitation, the BeenVerified™ Checks. BeenVerified™ does not provide private investigator services and information obtained through the Site and/or from BeenVerified™ Checks should not be used for employment, tenant screening, or any FCRA related purposes. BeenVerified™ does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any BeenVerified™ Checks. WE ARE NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS AND CONDITIONS. You may not use any information obtained from BeenVerified™ including, without limitation, the BeenVerified™ Checks, in connection with determining a prospective candidate’s suitability for: Health insurance or any other insurance Credit and/or loans Employment Education, scholarships or fellowships Housing or other accommodations Benefits, privileges or services provided by any business establishment Acceptance of Terms and Conditions. You agree to these Terms and Conditions with respect to your use of the Site. These Terms and Conditions, the BeenVerified™ Privacy Policy (“Privacy Policy”) and, where applicable, the BeenVerified™ Member Agreement (“Member Agreement”), constitute the entire and only agreement between you and BeenVerified™ with respect to your use of the Site and supersede all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Site and the content contained therein. BeenVerified™ may amend these Terms and Conditions, in whole or in part, from time to time in its sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Terms and Conditions will be posted on the Site, and you should review the Terms and Conditions prior to using the Site. By your continued use of the Site you hereby agree to comply with, and be bound by, the Terms and Conditions effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to these Terms and Conditions. You understand and agree that BeenVerified™ is not responsible or liable in any manner whatsoever for your inability to use the Site and/or the Member Services. Requirements. The Site and/or 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. Description of the Site. Subject to these Terms and Conditions, end-user visitors to the Site (“Visitors”) that possess the requisite technology shall have the opportunity to view certain media, text, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”) as compiled, distributed and displayed by BeenVerified™ and other third party content providers (“Third-Party Providers”) including, but not limited to, third party websites/services that provide information and ratings in connection with the BeenVerified™ Checks. In addition, Visitors shall have the opportunity to apply for the various Member Services as described more fully below. Description of the Member Services. Subject to the terms and conditions of the Member Agreement, by registering on the Site, filling out the applicable registration forms, agreeing to the Member Agreement and receiving approval from BeenVerified™, you can, for a fee, obtain, or attempt to obtain, access to the Member Services as a Member. The Member Services will enable you, as a Member, subject to the restrictions contained in the Member Agreement, and for the applicable monthly fees, to conduct background checks (“BeenVerified™ Checks”) on third parties (each, a “Search Subject”). If you would like to register a complaint, notify BeenVerified™ of a dispute, notify us of inaccurate or misleading information and/or notify us of improper use of the BeenVerified™ Checks, please feel free to contact us at 1-866-956-6279 or at support@beenverified.com. As a Member, in connection with the Member Services and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees. BeenVerified™ reserves the right to prohibit any conduct by Members, remove any BeenVerified™ Checks and/or cancel any Member accounts where BeenVerified™ deems, in its sole and absolute discretion, the applicable Member to be in violation of these Terms and Conditions, the Member Agreement and/or the Privacy Policy. The information provided by BeenVerified™ in connection with the Member Services and/or BeenVerified™ Checks has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. According to applicable law, you are not permitted to use any of this information as a factor in: (a) establishing an individual’s eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; (b) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); (c) evaluating an individual for educational opportunities, scholarships or fellowships; or (d) any other personal business transaction with another individual (including, but not limited to, leasing, renting or sale of a house, apartment or other dwelling). Notwithstanding the foregoing, BeenVerified™ undertakes no responsibility to monitor or otherwise police the use of the BeenVerified™ Checks, as well as the associated information made available by Members during the application process. You agree that BeenVerified™ shall have no obligations and incur no liabilities to any party in connection with any such BeenVerified™ Checks. BeenVerified™ does not represent or warrant that the BeenVerified™ Checks are accurate, complete or appropriate. You understand and agree that BeenVerified™ is not responsible or liable in any manner whatsoever for your inability to use the Member Services, BeenVerified™ Checks and/or Site, or for any dispute between Members or other third parties. You understand and agree that BeenVerified™ shall not be liable to you or any third party for any claim in connection with your use of the Member Services, BeenVerified™ Checks and/or the Site. License Grant. As a Visitor, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and Content in accordance with these Terms and Conditions. BeenVerified™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by BeenVerified™, you may only use the Content and Site for your own personal, non-commercial use. No part of the Site including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Content and/or Site. You may not use the Content and/or Site in conjunction with any other third-party content. You may not exploit any aspect of the Content and/or Site for any commercial purposes not expressly permitted by BeenVerified™. You further agree to indemnify and hold harmless BeenVerified™ for your failure to comply with this Section 5. BeenVerified™ reserves any rights not explicitly granted in these Terms and Conditions. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure. Proprietary Rights. All Content and other material posted or made available by and through the Site including, but not limited to, the design, selection, arrangement and coordination of such Content, is owned or licensed by or to BeenVerified™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in these Terms and Conditions, no part of the Site, Content or other material posted or made available by and through the Site may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without BeenVerified’s™ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content other material posted or made available by and through the Site. The posting of information or material at the Site by BeenVerified™ does not constitute a waiver of any right in such information and materials. BeenVerified™ reserves all rights not expressly granted hereunder. The “BeenVerified” name and logo are trademarks of BeenVerified™. All custom graphics, icons and service names are trademarks of BeenVerified™. All other trademarks are the property of their respective owners. The use of any BeenVerified™ trademark without BeenVerified’s™ express written consent is strictly prohibited. Disputes may arise between you and others or between you and BeenVerified™ related to such Content or other material posted or made available by and through the Site or commercial activity conducted by and through the Site. Such disputes could involve, among other things, the Content or BeenVerified™ Checks; other material posted or made available by and through the Member Services; use or misuse of BeenVerified™ Checks; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; infringement upon rights of publicity and/or privacy; the use or misuse of information; and violations of law. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Content, BeenVerified™ Checks or other information that you transmit, re-transmit or receive through the Site and/or Member Services are your sole and exclusive responsibility. BeenVerified™ expressly disclaims all responsibility and liability for uses by you of any Content, BeenVerified™ Checks or other information obtained on, through or in connection with the Site. Bypassing or Disabling any Portion of the Site or Software. If you bypass or disable any portion of the Site or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other BeenVerified™ systems, you are in violation of these Terms and Conditions and BeenVerified™ may suspend or terminate your use of the Site and/or Member Services without notice. Termination of your applicable Member Services account(s) will not excuse you from any criminal or other civil liabilities that may result from your actions. Indemnification. You agree to indemnify and hold BeenVerified™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of these Terms and Conditions, the Member Agreement and/or the Privacy Policy; and/or (c) your violation of any rights of another individual and/or entity through misuse of BeenVerified™ Checks or otherwise. The provisions of this paragraph are for the benefit of BeenVerified™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf. Disclaimer of Warranties. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/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/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BEENVERIFIED™ MAKES NO WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (e) WILL BE ACCURATE OR RELIABLE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BEENVERIFIED™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEENVERIFIED™, ANY MEMBERS, THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEENVERIFIED™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEENVERIFIED™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (a) THE USE OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION; AND (d) ANY OTHER MATTER RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BEENVERIFIED™ 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 OF BEENVERIFIED™ 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 AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR BEENVERIFIED™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BEENVERIFIED™. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions BeenVerified’s™ liability shall be limited to the maximum extent permitted by law. Third Party Websites. 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 BeenVerified’s™ name and logo on their third party websites. BeenVerified™ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by BeenVerified™ of the applicable website or any association with the website’s operators. Because BeenVerified™ has no control over such websites and resources, you agree that BeenVerified™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that BeenVerified™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions. User Information. Except where expressly provided otherwise by us in these Terms and Conditions, and subject to the Privacy Policy, all comments, feedback, Content, information, Registration Data and/or materials that you submit through or in association with this Site (other than the personal information of those Search Subjects for whom you conduct a BeenVerified™ Check) shall be considered non-confidential. For a copy of the Privacy Policy, please Click Here. By submitting such Content, Registration Data and/or materials to us, you: (a) represent and warrant that BeenVerified’s™ use of your submission does not and will not breach any agreement, violate any law or infringe any third party’s rights; (b) agree that BeenVerified™ is free to use, in any manner permitted by the Privacy Policy, all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else. BeenVerified™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials. Dispute Resolution Provisions. These Terms and Conditions shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning these Terms and Conditions or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against BeenVerified™ and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that BeenVerified™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. Miscellaneous. Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms and Conditions are personal between you and BeenVerified™ and govern your use of the Site. BeenVerified’s™ failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of these Terms and Conditions. How to Contact Us. Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about these Terms and Conditions or the practices of BeenVerified™, please feel free to contact us at 1-866-956-6279 or at support@beenverified.com.