Terms Of Service

BEENVERIFIED.COM WEBSITE TERMS & CONDITIONS

Thank you for visiting the BeenVerified™ website located at www.BeenVerified.com (the “Site”). The Site is an Internet property of SnapGenius, LLC (“BeenVerified™,” “we,” “us”). You agree to the following Website Terms and Conditions (“Terms and Conditions”), in their entirety, when you: 1) access or use our Site; 2) register as a browser (“Registered Browser”) of the Verified Profiles (as defined below) made available on the Site, which enables you to access the various Registered Browser-based services detailed below (“Browser Services”); and/or 3) register as a BeenVerified™ member (“Verified Member”), which enables you to utilize a host of services made available to Verified Members by and through the Site (“Member Services”). The BeenVerified™ Privacy Policy (“Privacy Policy”), BeenVerified™ Verified Member Agreement (“Verified Member Agreement”) and any and all other applicable BeenVerified™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Browser Services, Member Services and/or the Site in any manner or form whatsoever.

The Verified Profiles appearing on 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. 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 Verified Profiles, and BeenVerified™ shall not be responsible or liable for any decisions based on such information.

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, THE AGREEMENT.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Browser Services, Member Services and/or Site (collectively, “BeenVerified™ Services”). The Agreement constitutes the entire and only agreement between you and BeenVerified™ with respect to your use of the BeenVerified™ Services and/or Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the BeenVerified™ Services, Site, the content contained therein and/or the Verified Profiles, analyses, research, opinions and other information provided by or through same. BeenVerified™ may change the Agreement, and the scope and functionality of the BeenVerified™ Services, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the BeenVerified™ Services and/or Site following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Notwithstanding the foregoing, where you have entered into the Verified Member Agreement, the terms and conditions contained in the Verified Member Agreement, as applicable, shall supersede these Terms and Conditions but only to the extent that any of the provisions contained therein are in conflict or inconsistent with these Terms and Conditions. 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 the Agreement. 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 BeenVerified™ Services.

2. Requirements. The Site and/or the BeenVerified™ 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.

3. Description of the Site. Subject to the terms and conditions of the Agreement, certain Registered Browsers and other end-user visitors to the Site (“Visitors”) that possess the requisite technology shall have the opportunity to view certain Verified Profiles, as well as the 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 Verified Profiles. In addition, end-users shall have the opportunity to apply for the various BeenVerified™ Services as described more fully below.

The Verified Profiles and much of the Content are provided directly by Third-Party Providers, in reliance on information provided by Verified Members. Such Verified Profiles and/or Content should not necessarily be relied upon. The Third-Party Providers and applicable Verified Members are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such materials. BeenVerified™ does not represent or warrant that the Verified Profiles and Content posted on the Site, or otherwise made available by and through the BeenVerified™ Services, is accurate, complete or appropriate. You understand and agree that BeenVerified™ will not be responsible for, and BeenVerified™ undertakes no responsibility to monitor or otherwise police, such Verified Profiles and/or Content. You agree that BeenVerified™ shall have no obligations and incur no liabilities to you in connection with any such Verified Profiles and/or Content appearing on the Site, or otherwise made available by and through the BeenVerified™ Services.

BeenVerified™ does not control the information provided by Third-Party Providers and/or Verified Members that is made available on the Site, or otherwise by and through the BeenVerified™ Services. You may find certain Verified Profiles and associated research, analyses, offerings and/or other information as posted by Third-Party Providers, in reliance on information provided by Verified Members, to be inaccurate and/or deceptive. Please use caution, common sense and safety when using the BeenVerified™ Services, Verified Profiles and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Verified Members, Registered Browsers, Third-Party Providers and/or other third parties. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Site-users, Verified Members, Registered Browsers, Third-Party Providers and/or other third parties, you hereby release BeenVerified™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. BeenVerified™ reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Verified Members, Registered Browsers, Third-Party Providers and/or other third parties.

If you would like to register a complaint, notify BeenVerified™ of a dispute or notify us of inaccurate or misleading information and/or Verified Profiles appearing on the Site, or otherwise through the BeenVerified™ Services, please feel free to contact us at 1-646-964-6466 or at admin@beenverified.com.

4. Description of the BeenVerified™ Services

Browser Services

By registering on the Site, filling out the applicable registration forms and receiving approval from BeenVerified™, you can obtain, or attempt to obtain, Browser Services. Browser Services will enable you to locate various Verified Members, and search Verified Profiles according to the applicable categories of credential verification and other criteria. As a Registered Browser, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, FCRA. In connection with any negative or adverse employment-related, credit-related or insurance-related action taken based on the Verified Profiles, you must contact the applicable Verified Member of the action, and basis thereof. In connection with the Verified Members that you contact by and through the Site, and any other Content that you access by and through the Company Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party other than as expressly authorized; (ii) display any audio files, text, photographs, videos or other images containing confidential information of a third party other than as expressly authorized; (iii) “stalk” or otherwise harass any person; (iv) transmit any chain letters, spam or junk e-mail; (v) engage in unauthorized advertising to, or solicitation of, Visitors or Verified Members; (vi) express or imply that any statements that you make are endorsed by BeenVerified™, without our specific prior written consent; (vii) harvest or collect personal information of Visitors or Verified Members whether or not for commercial purposes, without their express consent; (viii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or (ix) infringe upon the right of privacy, right of publicity or any other rights of any Visitors or Verified Members. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Registered Browser account without notice, in the sole discretion of BeenVerified™. BeenVerified™ reserves the right to pursue any and all legal and equitable remedies against Registered Browsers that engage in the aforementioned prohibited conduct. Without limitation to the foregoing, BeenVerified™ reserves the right to prohibit any conduct by Registered Browsers that BeenVerified™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which BeenVerified™ believes to be illegal, potentially harmful to others, otherwise objectionable or that may expose BeenVerified™ to harm, damage to reputation or liability. Notwithstanding the foregoing, BeenVerified™ undertakes no responsibility to monitor or otherwise police the behavior of Registered Browsers or Verified Members. You understand and agree that BeenVerified™ is not responsible or liable in any manner whatsoever for your inability to use the Browser Services and/or Site. You understand and agree that BeenVerified™ shall not be liable to you, any end-users or any third party for any claim in connection with any of the Browser Services including, without limitation, the actions of Registered Browsers.

Member Services

Subject to the terms and conditions of the Verified Member Agreement, by registering on the Site, filling out the applicable registration forms, agreeing to the Verified Member Agreement and receiving approval from BeenVerified™, you can, for a fee, obtain, or attempt to obtain, access to the Member Services as a Verified Member. For a copy of the Verified Member Agreement, please login to your member's console. The Member Services will enable you, as a Verified Member, subject to the restrictions contained in the Verified Member Agreement, and for the applicable monthly fees, to: (i) apply for and obtain identity verification from BeenVerified™ and/or Third-Party Providers (“Identity Verification”); (ii) upon obtaining an Identity Verification, for an additional fee, obtain verification for credentials (“Credential Verification” and, together with the Identity Verification, the “Verified Profile”) selected from the menu available on the Site (i.e., job history, credit history, education history, etc.); (iii) post your Verified Profile on the Site and either make it available to all Visitors and Browsers, or only to those third parties that you decide to grant access to; and (iv) upon obtaining a Verified Profile, access the computer code for your BeenVerified™ seal of verification (“Verification Seal”) that you can add and/or distribute on/via websites, email messages, blogs and other online venues and fora; and (v) utilize search engine advertising technology to highlight your Verified Profile via search engine listings. You must obtain an Identity Verification prior to, and as a prerequisite to, obtaining any Credential Verification(s). Non-residents of the United States must follow the “International Identity Verification Instructions” as set forth on the Site which include, without limitation, your provision to BeenVerified™ of primary and secondary identification documents.

As a Verified 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 Verified Members or to remove any Verified Profiles, revoke any Verification Seals or cancel any Verified Member accounts where BeenVerified™ deems, in its sole and absolute discretion, the applicable Verified Member to be in violation of the Agreement or who BeenVerified™ believes may expose BeenVerified™ to harm, damage to reputation or liability. Notwithstanding the foregoing, BeenVerified™ undertakes no responsibility to monitor or otherwise police the use of the Verification Seals and Verified Profiles, as well as the associated information made available by Verified 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 Verified Profiles and/or Verification Seals. BeenVerified™ does not represent or warrant that the Verified Profiles and/or Verification Seals 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, Verified Profiles and/or Verification Seals, or for any dispute between Verified Members and Registered Browsers or other third parties. You understand and agree that BeenVerified™ shall not be liable to you, any Registered Browsers or any third party for any claim in connection with your use of the Member Services, Verified Profiles and/or Verification Seals.

5. Registration/Account. In order to obtain BeenVerified™ Services, you must first submit the applicable registration and application form to BeenVerified™ for review and initial approval. BeenVerified™ reserves the right, in its sole discretion, to deny access to the Site and/or the BeenVerified™ Services to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Site in order to obtain BeenVerified™ Services may include, without limitation, depending on the applicable BeenVerified™ Services requested: your full name, e-mail address(es), mailing address, daytime, evening and/or cellular telephone numbers, credit card information, date of birth, employment status, industry of employment and/or any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. BeenVerified™ will verify and approve all registrants in accordance with its standard verification procedures. During registration, you will be asked to provide the name or number that you wish to use as your account login identification, where applicable. If the login identification that you request is not available, you will be asked to supply another login identification. If BeenVerified™ approves your applicable application for registration, and you agree to any required separate agreement, as applicable, BeenVerified™ will set up your specific account (“BeenVerified™ Services Account”) and send a confirmation e-mail to the e-mail address that you used to register for the applicable BeenVerified™ Services. The confirmation e-mail will contain the following information: (i) your User Name; and (ii) your Password. You can access your specific BeenVerified™ Services Account at the Site using your User Name and Password. You are responsible for maintaining the confidentiality of your BeenVerified™ Services Account, User Name and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your BeenVerified™ Services Account, User Name and Password.

6. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Content and all other material posted or made available by and through the BeenVerified™ Services in accordance with the Agreement. BeenVerified™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by BeenVerified™, as a Verified Member and/or Registered Browser, you may only use the Content, Site, Verification Seals and/or BeenVerified™ Services for your own personal, non-commercial use. No part of the Site including, but not limited to, the Content and/or BeenVerified™ Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical (other than the Verification Seal, solely and exclusively to the extent authorized). You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content, BeenVerified™ Services and/or any portion thereof (other than the Verification Seal, solely and exclusively to the extent authorized). You may not create any "derivative works" by altering any aspect of the Content, Site, Verification Seals and/or BeenVerified™ Services. You may not use the Content, Site and/or BeenVerified™ Services in conjunction with any other third-party content (other than the Verification Seal, solely and exclusively to the extent authorized). You may not exploit any aspect of the Content, Site, Verification Seal and/or BeenVerified™ Services 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 6. BeenVerified™ reserves any rights not explicitly granted in the Agreement. 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.

7. Proprietary Rights. All Content, Verification Seals and other material posted or made available by and through the BeenVerified™ Services including, but not limited to, the design, selection, arrangement and coordination of such Content, Verification Seals and/or BeenVerified™ Services available on the Site 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 the Agreement, no part of the Site, Content, Verification Seals or other material posted or made available by and through the BeenVerified™ Services 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, Verification Seals, other material posted or made available by and through the BeenVerified™ Services or any document, software, services or other materials viewed at or 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. Where provided by, or based on information provided by, a Verified Member, Registered Browser, Third-Party Provider or other third party, BeenVerified™ exercises no control over the Content, Registration Data, Verification Seals, Verified Profiles or other information made available on the Site and/or passing through its network or equipment. Disputes may arise between you and others or between you and BeenVerified™ related to such Content, Registration Data, Verification Seals, Verified Profiles, 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, Registration Data, Verification Seals or Verified Profiles; other material posted or made available by and through the BeenVerified™ Services; use or misuse of domain names; 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, Registration Data, Verification Seals, Verified Profiles or other information that you transmit, re-transmit or receive through the Site and/or BeenVerified™ Services are your sole and exclusive responsibility. BeenVerified™ expressly disclaims all responsibility and liability for uses by you of any Content, Registration Data, Verification Seals, Verified Profiles or other information obtained on or in connection with the Site.

8. Bypassing or Disabling any Portion of the BeenVerified™ Services or Software. If you bypass or disable any portion of the BeenVerified™ Services, 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 the Agreement and BeenVerified™ may suspend or terminate your use of the Site and/or BeenVerified™ Services without notice. Termination of your applicable BeenVerified™ Services Account(s) will not excuse you from any criminal or other civil liabilities that may result from your actions. If your BeenVerified™ Services Account(s) is/are terminated for any reason you will, thereafter, be unable to access your applicable BeenVerified™ Services Account(s).

9. Accessing BeenVerified™ Services. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the BeenVerified™ Services and for ensuring that such equipment and services are compatible with BeenVerified’s™ requirements.

10. 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: (i) your use of the Site; (ii) your breach of the Agreement; and/or (iii) your violation of any rights of another individual and/or entity. 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.

11. Disclaimer of Warranties. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, VERIFIED PROFILES, VERIFICATION SEALS AND/OR ANY OTHER BEENVERIFIED™ 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, VERIFIED PROFILES, VERIFICATION SEALS AND/OR ANY OTHER BEENVERIFIED™ SERVICES: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (iii) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iv) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (v) WILL BE ACCURATE OR RELIABLE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, VERIFIED PROFILES, VERIFICATION SEALS AND/OR ANY OTHER BEENVERIFIED™ 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 VERIFIED MEMBERS, REGISTERED BROWSERS, THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

12. 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: (i) THE USE OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, VERIFIED PROFILES, VERIFICATION SEALS AND/OR ANY OTHER BEENVERIFIED™ SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER BEENVERIFIED™ SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (iii) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; AND (iv) ANY OTHER MATTER RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, VERIFIED PROFILES, VERIFICATION SEALS AND/OR ANY OTHER BEENVERIFIED™ 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 ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, VERIFIED PROFILES, VERIFICATION SEALS AND/OR ANY OTHER BEENVERIFIED™ 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.

13. Third Party Websites. The BeenVerified™ Services and Site contain 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.

14. User Information. Except where expressly provided otherwise by us in the Agreement, 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 shall be considered non-confidential. For a copy of the Privacy Policy, please http://www.beenverified.com/home/privacy. By submitting such Content, Registration Data and/or materials to us, you: (i) 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; (ii) 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; and (iii) grant BeenVerified™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Content, Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by BeenVerified™ to anyone whatsoever. 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.

15. Miscellaneous. The Agreement shall be treated as though it 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 the terms and conditions of the Agreement 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. Should any part of the Agreement 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. The Agreement is personal between you and BeenVerified™ and governs your use of the Site. BeenVerified's™ failure to enforce any provision of the Agreement 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 the Agreement.

16. How to Contact Us. Our "Contact Us" (http://www.beenverified.com/home/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 the Agreement or the practices of BeenVerified™, please feel free to contact us at 1-646-964-6466 or at admin@beenverified.com.