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INVESTCHECK TERMS AND CONDITIONS
Carefully read the following terms and conditions. They may have changed
since you last used the platform.
Verafi, Inc. (“Verafi”) provides the InvestCheck platform that links to or
references these InvestCheck Terms and Conditions (collectively, including all
content and functionality available through InvestCheck, Verafi.ai and related
domain names and any mobile applications, “InvestCheck”) to you (“You” or
“Your”) subject to these InvestCheck Terms and Conditions (“Terms”) and
subject to Verafi’s other policies, incorporated herein by reference. These
Terms require that disputes between us be resolved by binding arbitration
rather than by jury trials or class actions and limit Your remedies in the event
of a dispute.
You accept these Terms by accessing or using InvestCheck in any manner,
even if You do not create an Account with InvestCheck. You represent and
warrant that You are at least 18 years of age and of legal competence to
enter into this agreement. You also represent and warrant that You (i) are not
located in a country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a “terrorist supporting”
country; and (ii) You are not listed on any U.S. Government list of prohibited
or restricted parties.
Verafi may change these Terms at any time, including by adding new
provisions or removing existing provisions, except as otherwise provided in
these Terms. The most current version of these Terms can be accessed at

https://www.verafi.ai/investcheck-terms-of-use. By continuing to access or use
InvestCheck, You accept any changes or revisions to the Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE INVESTCHECK
References to “Verafi,” “InvestCheck,” “You,” “we,” and “us” in these terms
include (where appropriate) our respective subsidiaries, parent companies,
members, affiliates, agents, employees, predecessors in interest, successors,
and assigns, as well as all authorized or unauthorized users or beneficiaries of
services provided by Verafi.

  1. Accounts and Logins
    a) You represent and warrant that all information You provide in connection
    with the creation of an InvestCheck account (“Account”) is accurate and true.
    You agree that, if any Account information changes, You will update Your
    Account to maintain accurate information.
    b) In connection with Your creation of an Account, You will create a Login and
    Password. You agree that You will not distribute Your Login or Password to any
    other person, and You will not authorize use of Your Account by any other
    person. You agree that You will not transfer, sub-license, sell, or assign Your
    rights in Your Account to any other person.
    c) If You believe that a third-party has gained access to Your Account, You
    agree to notify Verafi by sending an email to admin@Verafi.ai. Verafi reserves
    the right to terminate Your Account at any time for any reason. If Your
    Account is terminated Verafi has no obligation to retain any data associated
    with Your Account.
    d) Any unauthorized use of Your Account by any third-party is subject to these
    Terms as though You were using the Account.
    e) To cancel Your Account at any time for any reason, You may do so by notify
    Verafi by sending an email to admin@Verafi.ai.
    f) You represent and warrant that You are not: (i) subject to asset freeze
    sanctions, such as by inclusion on the list of Specially Designated Nationals
    and Blocked Persons (“SDN List”) maintained by the U.S. Office of Foreign
    Assets Control, or the consolidated lists of asset freeze targets published by
    the UN, EU, or UK, nor owned or controlled by any such person(s) whether
    individually or collectively; (ii) organized, headquartered or, if a natural
    person, ordinarily resident, in a country or territory subject to comprehensive
    geographic sanctions imposed by the U.S. Government (currently Crimea,
    Cuba, North Korea, Iran, and Syria) or owned or controlled by any such
    person; or (iii) subject to restrictions regarding the receipt of U.S.-origin items
    by virtue of being on the Denied Persons List or the Entity List maintained by
    the U.S. Commerce Department.
  2. License to Use InvestCheck
    a) Verafi grants You a personal, non-exclusive, non-transferable, limited and
    revocable license to use InvestCheck subject to the Terms. You may use
    InvestCheck and information acquired from InvestCheck for internal use only,
    provided that such personal use is not to determine consumer eligibility for
    any purpose covered by the Fair Credit Reporting Act (as further described
    herein) and is all times for lawful purposes. You may not use InvestCheck in a
    manner that exceeds the rights granted for Your use. Certain content
    provided on InvestCheck may be sourced from other third party sites and if
    noted, is subject to the Creative Commons Attribution-ShareALike License or,
    third party licenses. Your use of any such content must also comply with
    those license terms.
    b) Other than connecting to InvestCheck by http request using a web
    browser, You may not attempt to access Verafi’s servers or InvestCheck by
    any means. In particular, You are prohibited from scraping, crawling, data-
    mining, or using any robot, spider, or other automatic device to send queries
    to the Verafi’s servers or InvestCheck.
    c) You agree not to disrupt, modify, or interfere with InvestCheck, or its
    associated software, hardware, and servers in any way. You agree not to
    impede or interfere with others’ use of InvestCheck. You further agree not to
    alter or tamper with any information or materials on or associated with
    InvestCheck.
    d) You may not use InvestCheck or any information acquired from
    InvestCheck:
    i) to engage in activities that would violate applicable local, state, national or
    international law, or any regulations having the force of law, including the
    laws, regulations, and ordinances of any jurisdiction from which You access
    InvestCheck;
    ii) to make any phone call or send any email or text message that does not
    comply with CAN-SPAM, the Telephone Consumer Protection Act or any other
    applicable federal or state law. You acknowledge that You are solely
    responsible for ensuring that telephone calls made or email or text messages
    sent using information obtained from InvestCheck are in compliance with
    CAN-SPAM, the Telephone Consumer Protection Act, or all other applicable
    federal or state laws. Verafi does not scrub any phone numbers displayed on
    InvestCheck through the National Do Not Call Registry or any other do-not-
    call registries;
    iii) to evaluate a consumer’s eligibility for credit or insurance to be used
    primarily for personal, family, or household purposes, to evaluate a person’s
    eligibility for employment or volunteering purposes, to evaluate a person’s
    eligibility for a government license or benefit, to evaluate a person for renting
    a dwelling property, or for any other purpose specified in the Fair Credit
    Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), Federal Trade Commission or
    court interpretations of the FCRA, or similar state statutes.;
    iv) in any manner that may violate any local, state, federal, or international
    privacy law to which You may be subject on the basis of Your location or the
    location of the person searched;
    v) to obtain information on celebrities, movie stars, or musicians.
  3. Assignments
    a) Verafi may assign this agreement at any time without notice to You. You
    may not assign this agreement to anyone else, and any attempt to assign
    shall be void.
  4. Information Available Through InvestCheck
    a) Verafi aggregates publicly available information from the internet, social
    networks, real estate listings, business websites, and other public sources
    (“Public Information”). This Public Information may be made available to users
    through InvestCheck.
    b) Verafi does not verify this Public Information. Verafi does not evaluate each
    piece of information provided and makes no guarantees to Verafi users about
    the accuracy, legitimacy, or legality of any information or how recently any
    information was collected or updated. As a user of InvestCheck, You agree
    that there are no warranties or guarantees whatsoever regarding the
    information provided. Further, You agree to rely on the information available
    through InvestCheck at Your own risk. The Public Information may include
    photos obtained from social network profiles. Verafi takes no responsibility
    for these photos.
    c) Court records are provided for informational purposes only. While we
    endeavor to provide You with the most up to date and comprehensive
    information, certain inaccuracies may still exist and certain records may be
    omitted. Verafi shall not be liable for any errors or omissions on this site.
    Anyone who uses any information provided by Verafi to commit a crime or to
    harass an individual or his or her family may be subject to criminal
    prosecution and civil liability.
    d) Verafi does not allow individuals to opt-out (i.e. suppress display) of court
    records which pertain to them, unless an Order of Expunction or Sealing is
    provided. You may email a copy of any such Order to admin@Verafi.ai. Verafi
    will only suppress or delete only those records specifically noted in the Order.
    A conviction may be expunged, but unless the Order also specifies
    expungement of the associated arrest record, it will remain on our systems.
  5. Communications from Verafi
    a) Once You create an account on our site or become a subscriber, You may,
    from time to time, receive e-mail communications from us about Your account
    or features of our service. You may elect to opt-out of these communications
    at any time by following the instructions and link provided within the e-mail
    communication.
  6. Links to Other Websites
    a) You may find links to other Internet sites or resources on Verafi.ai that offer
    content, goods, or services. You acknowledge and agree that Verafi has no
    responsibility or liability (directly or indirectly) for: the availability of such
    external sites or resources; any content, advertising, products, or other
    materials on or available from such sites or resources; any damage, loss,
    claim, or complaint (actual or alleged) caused by, arising from, or in
    connection with Your use of or reliance on any such content, goods, or
    services available on or through any such site or resource.
  7. Third Party Partners Terms of Use
    a) Verafi may provide certain content sourced from third party websites. Your
    use of this content may be subject to additional terms, including, but not
    limited to, the Creative Commons Attribution ShareALike License.
  8. Verafi’s Intellectual Property
    a) Verafi is the exclusive owner of trademark rights in the VERAFI and
    InvestCheck marks, copyright in the software used through Verafi.ai and
    InvestCheck, and except as otherwise noted herein, copyright in the Verafi.ai
    and InvestCheck screen displays, and all other rights in the Verafi.ai website,
    InvestCheck, and technology under U.S. and international intellectual
    property laws.
    b) Unless explicitly stated herein, nothing in these Terms shall be construed
    as conferring any license to intellectual property rights, whether by estoppel,
    implication, or otherwise.
    c) Except as expressly authorized by Verafi, You agree not to use Verafi’s
    trademark, the InvestCheck trademark, or any mark confusingly similar to the
    VERAFI mark or INVESTCHECK mark. You agree not to reproduce, distribute,
    display, or create derivative works of any part of InvestCheck or any
    information presented to You through InvestCheck, in whole or in part. This
    prohibition includes unauthorized copying or distribution of any of the content
    displayed or used on InvestCheck, framing content from InvestCheck, or
    creating any unauthorized derivative work.
    d) Verafi uses third-party trademarks on InvestCheck and Verafi.ai to identify
    the owners of those marks. Use of any third-party trademark is meant only to
    identify the trademark owner and its goods and services, and is not intended
    to imply any association or sponsorship between the trademark owner and
    InvestCheck.
    e) Verafi may provide certain content sourced from third party websites.
    Verafi does not assert any copyright in these materials.
  9. Submission of Confidential Information and Ideas; Submission of User
    Provided Content
    a) From time to time users submit ideas to Verafi for improving InvestCheck
    either by email or in the course of a customer care interaction. Verafi has no
    obligation to treat this material as confidential information. To the extent that
    You wish to have Your idea remain confidential, to retain rights in Your idea, or
    wish to be compensated for submission of Your idea, please do not submit it
    to Verafi.
    b) Portions of the content on InvestCheck are submitted by You and other
    users (‘User Provided Content’), to which You may contribute appropriate
    material. User Provided Content includes, but is not limited to, any
    information You upload to InvestCheck or any InvestCheck mobile
    applications, any posts You make on InvestCheck or any InvestCheck mobile
    applications, and any comments or suggestions You send to us. For User
    Provided Content, we are merely hosting and providing access as well as
    providing tools to post and share content, and we cannot accept any liability
    with regard to such material (including with respect to its accuracy). While we
    cannot preview or monitor the User Provided Content, Verafi may delete any
    content that we believe to be in violation of this Agreement. We reserve the
    right, but do not have the obligation, to act expeditiously to remove or
    disable access to any User Provided Content that we believe violates this
    Agreement. We are also sensitive to the copyright and other intellectual
    property rights of others.
    The decision to upload or share User Provided Content is Your responsibility
    and You should only submit or share User Provided Content that belongs to
    You (or where You have obtained all necessary permissions or consents) and
    that will not violate the rights of others. Be aware that copyright and other
    intellectual property rights will normally belong to the creator of the material
    in question and You should not reproduce or submit anything without
    permission of the owner. By submitting User Provided Content, You represent
    and warrant that You have the right to do so or that You have obtained any
    necessary third party consents (e.g., under privacy or intellectual property
    laws). You agree that You will be liable to us and indemnify us for any loss or
    damage we suffer as a result of Your breach of the foregoing warranties. Upon
    our request You agree to furnish Verafi with any documentation,
    substantiation and releases necessary and reasonably required to verify and
    substantiate Your compliance with this provision.
    By submitting User Provided Content, You grant Verafi a perpetual,
    transferable, sublicensable, worldwide, royalty-free, license to host, store,
    copy, publish, distribute, provide access to create derivative works of, and
    otherwise use User Provided Content submitted by You, to the extent and in
    the form or context we deem appropriate on or through any media or
    medium and with any technology or devices now known or hereafter
    developed or discovered. You hereby release Verafi from any and all claims,
    liens, demands, actions or suits in connection with the User Provided Content
    You submit, including, without limitation, any and all liability for any use or
    nonuse of Your User Provided Content, claims for defamation, invasion of
    privacy, right of publicity, emotional distress or economic loss. This license
    continues even if You stop using InvestCheck. Verafi may scan, image and/or
    create an index from the User Provided Content You submit. In this situation,
    You grant Verafi a license to the User Provided Content as described above
    and Verafi will own the digital version of documents created by Verafi as well
    as any indexed information that Verafi creates. Except for the rights granted
    in this Agreement, Verafi acquires no title or ownership rights in or to any
    User Provided Content You submit and nothing in this Agreement conveys any
    ownership rights in such User Provided Content. The licenses granted
    continue for the maximum time permitted by applicable law, even if You stop
    using InvestCheck.
    You acknowledge and agree that Verafi may preserve any User Provided
    Content and may disclose any User Provided Content (including its origin) if
    Verafi believes that it is required to do so by law or that such preservation or
    disclosure is reasonably necessary to: (a) comply with legal process or
    governmental requests; (b) enforce the Agreement; (c) respond to claims that
    any content violates the rights of third parties; or (d) protect the rights,
    property, or safety of InvestCheck, other users, or the public.
  10. Intellectual Property Claims
    a) If You believe that Your copyright has been infringed in any way by
    InvestCheck, promptly provide in writing the following information to
    admin@Verafi.ai:
    i) A physical or electronic signature of a person authorized to act on behalf of
    the owner of an exclusive right that is allegedly infringed;
    ii) Identification of the copyrighted work claimed to have been infringed, or if
    multiple copyrighted works at a single on-line site are covered by a single
    notification, a representative list of such works at that site;
    iii) Identification of the material that is claimed to be infringing or to be the
    subject of infringing activity and that is to be removed or access to which is
    to be disabled, and information reasonably sufficient to permit us to locate
    the material;
    iv) Information reasonably sufficient to permit Verafi to contact You, such as
    an address, telephone number and e-mail address;
    v) A statement that You have a good faith belief that the use of the material
    in the manner complained of is not authorized by the copyright owner, its
    agent or the law;
    vi) A statement that the information in the notice is accurate, and under
    penalty of perjury, that You are authorized to act on behalf of the owner of an
    exclusive right that is allegedly infringed.
    b) The Designated Agent for InvestCheck is:
    Attn: CEO
    Verafi, Inc.
    1005 Baker Ave.
    Suite 6C
    Whitefish, MT 59937
    c) If You believe that Your other intellectual property rights have been
    infringed in any way by InvestCheck, please provide a detailed description of
    the alleged infringement for further investigation via e-mail to
    admin@Verafi.ai. Verafi’s receiving, investigating, or responding to Your e-
    mail shall not constitute Verafi’s agreement or verification of Your claim(s) nor
    any admission of liability therefor. Verafi makes no commitment, covenant,
    promise, warranty, representation, or guarantee that it will receive, review,
    investigate, or respond to Your claim within any particular time.
  11. Notification
    a) Any notices to be given to Verafi under these Terms shall be made in
    writing to admin@Verafi.ai or to the following address:
    Verafi, Inc.
    1005 Baker Ave.
    Suite 6C
    Whitefish, MT 59937
    b) You agree that Verafi can send You electronic notices to the e-mail address
    that You provided to Verafi in creating Your Account or by displaying the
    notice on InvestCheck. You agree that all notices, agreements, disclosures,
    and other communications that we provide to You electronically satisfy any
    legal requirement that such communications be in writing.
  12. Warranty
    a) YOU USE INVESTCHECK AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED
    TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE
    RESULTING FROM RELIANCE ON INFORMATION FROM INVESTCHECK, OR
    OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE
    WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF VERAFI HAS BEEN
    ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT
    PERMITTED BY LAW, VERAFI PROVIDES INVESTCHECK, THE SERVICES, THE
    INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL
    FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND VERAFI SPECIFICALLY
    DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
    INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR
    CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
    OR NONINFRINGEMENT.
    b) NO INFORMATION OR ADVICE PROVIDED ON INVESTCHECK, BY VERAFI, OR
    BY VERAFI’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
    c) VERAFI MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR
    GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:
    i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY,
    SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF
    INVESTCHECK, THE SERVICES, THE INFORMATION, OR THE CONTENT;
    ii) THAT INVESTCHECK WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
    iii) THAT INVESTCHECK, THE SERVICES, THE INFORMATION, OR THE CONTENT
    WILL MEET YOUR NEEDS OR EXPECTATIONS;
    iv) AS TO THE QUALITY OR VALUE OF ANY OF VERAFI’S PRODUCTS, SERVICES,
    CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN
    VIA THE WEBSITE; OR
    v) THAT ANY ERRORS ON INVESTCHECK WILL BE CORRECTED.
  13. Limitation of Liability
    a) To the extent permitted by law, Verafi shall have no liability, relating to
    Your use of (or connection to) InvestCheck, for:
    i) consequential, incidental, exemplary, special, or punitive damages even if
    advised of the possibility of such;
    ii) loss of business, profits, business information, or business interruption, or
    any other pecuniary loss; or
    iii) for direct damages, actually proven, exceeding $1,000.00 USD. This
    limitation shall be enforced even if it causes an exclusive remedy to fail of its
    essential purpose.
    b) Verafi reserves the right, at any time, in Verafi’s sole and exclusive
    discretion, to amend, modify, suspend, or terminate InvestCheck, any
    services, information or content, or any part thereof, and/or Your use of or
    access to them, with or without notice. Verafi shall have no liability to You or
    any other person or entity for any modification, suspension, or termination, or
    any loss of related information.
  14. Indemnification
    a) You agree to defend, indemnify, and hold Verafi, its officers, directors,
    employees, agents, licensors, and suppliers, harmless from and against any
    claims, actions or demands, liabilities and settlements including without
    limitation, reasonable legal and related fees and expenses, resulting from, or
    alleged to result from, Your violation of these Terms or Your use of
    InvestCheck.
    b) Verafi reserves the right to assume exclusive control of its defense in any
    matter subject to Your indemnification, which shall not excuse Your obligation
    to indemnify Verafi. You shall not settle any dispute subject to Your
    indemnification under these Terms without written consent from Verafi.
  15. Choice of Law
    a) If You are a citizen or resident of another country, the law of the State of
    Delaware shall apply.
    b) The United Nations Convention on Contracts for the International Sale of
    Goods shall have no applicability.
  16. Agreement to Arbitrate
    Please read this carefully. It affects Your rights.
    a) Disputes Subject to Arbitration. Verafi and You agree to arbitrate all
    disputes and claims between us, including, but not limited to:
    • claims arising out of or relating to any aspect of the relationship between
    us, whether based in contract, tort, statute, fraud, misrepresentation or any
    other legal theory;
    • claims that arose before this or any prior agreement between us (including,
    but not limited to, claims relating to advertising or disclosures); and
    • claims that may arise after the termination of this agreement.
    Notwithstanding the foregoing, either party may bring an individual action in
    small claims court, provided that it seeks relief that does not affect other
    customers.
    Any dispute as to the arbitrability of claims or the scope or enforceability of
    this arbitration provision, or as to the interpretation of paragraph (14)(e)
    below, is for the court to decide. These Terms evidence a transaction in
    interstate commerce, and thus the Federal Arbitration Act governs the
    interpretation and enforcement of this provision. This arbitration provision
    shall survive termination of the agreement between us.
    (b) Starting the Dispute-Resolution Process. A party who intends to seek
    arbitration must first send to the other, by certified mail, a written Notice of
    Dispute (“Notice”). The Notice to Verafi should be addressed to: CEO, Verafi,
    Inc., 1005 Baker Ave., Suite 6C, Whitefish, MT 59937 (“Notice Address”). The
    Notice must (a) provide Your mailing address, phone number, and account
    name (if any); (b) describe the nature and basis of the claim or dispute; and
    (c) set forth the specific relief sought (“Demand”). If Verafi and You do not
    reach an agreement to resolve the claim within 45 days after the Notice is
    received, You or Verafi may commence an arbitration proceeding with the
    American Arbitration Association (“AAA”).
    (c) Costs of Arbitration. Verafi will pay all AAA filing, administration, and
    arbitrator fees for any arbitration we initiate. The payment of those fees for
    any arbitration that You initiate will be governed by the AAA Rules. The filing
    fee currently is $125 for claims for up to $10,000 in damages, but is subject
    to change by the AAA. However, if You initiate an arbitration in accordance
    with the notice requirements of paragraph (14)(b) and are seeking relief
    valued at $300 or less (both to You and us), Verafi will pay all AAA filing,
    administration, and arbitrator fees. If Your claim is for greater than $300 but
    less than $10,000, Verafi will pay all such fees in excess of $20. After Verafi
    receives notice at the Notice Address that You have commenced such an
    arbitration, Verafi will promptly reimburse You for any portion of the filing fee
    that You paid that Verafi has agreed to pay.
    If the arbitrator finds that either the substance of Your claim or the relief
    sought in the Demand is frivolous or brought for an improper purpose (as
    measured by the standards set forth in Federal Rule of Civil Procedure 11(b)),
    then the payment of all AAA filing, administration, and arbitrator fees shall be
    governed by the AAA Rules, and You agree to reimburse us for any amounts
    we have paid on Your behalf to the AAA.
    (d) Arbitration Procedures. The arbitrator shall be bound by the terms of this
    arbitration provision. The arbitration will be governed by the Commercial
    Arbitration Rules and the Supplementary Procedures for Consumer Related
    Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration
    provision. The AAA Rules are available online at www.adr.org, by calling the
    AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall
    administer the arbitration. If the AAA is unavailable, the arbitration will be
    administered by another arbitration provider that the parties agree to or that
    the court selects.
    Unless Verafi and You agree otherwise, any arbitration hearings will take
    place in the county (or parish) of Your residence at the time of the filing of the
    Demand. If You bring a claim for $10,000 or less, we agree that You may
    choose whether the arbitration will be conducted solely on the basis of
    documents submitted to the arbitrator, through a telephonic hearing, or by
    an in-person hearing as established by the AAA Rules. If Your claim exceeds
    $10,000, the right to a hearing will be determined by the AAA Rules.
    Arbitrators may consider but shall not be bound by rulings in prior
    arbitrations involving different customers. Arbitrators shall be bound by
    rulings in prior arbitrations involving the same customer to the extent
    required by applicable law.
    Unless the parties agree otherwise, You and we must bring all directly related
    claims in a single arbitration proceeding. If You or we later initiate a
    subsequent arbitration asserting claims that are directly related to ones that
    were raised in a prior arbitration between the same parties, the AAA or the
    arbitrator shall either (i) consolidate the subsequent arbitration with the
    earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the
    subsequent arbitration that would be barred by applicable law if brought in
    court.
    Regardless of the manner in which the arbitration is conducted, the arbitrator
    shall issue a reasoned written decision sufficient to explain the essential
    findings and conclusions on which the award is based. Although under some
    laws Verafi may have a right to an award of attorneys’ fees and expenses if it
    prevails in an arbitration, Verafi agrees that it will not seek such an award
    unless You are represented by an attorney and the arbitrator has determined
    that Your claim is frivolous or brought for an improper purpose (as measured
    by the standards of Federal Rule of Civil Procedure 11(b)).
    (e) Prohibition of Class or Representative Actions and Non-Individualized
    Relief. YOU AND VERAFI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
    OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
    PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS,
    REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further,
    unless both You and Verafi agree otherwise, the arbitrator may not
    consolidate more than one person’s claims, and may not otherwise preside
    over any form of a class, representative, or private attorney general
    proceeding. The arbitrator may award any relief that a court could award, so
    long as the relief is individualized to the claimant and would not affect other
    Verafi users. Neither You nor we may seek non-individualized relief that would
    affect other Verafi users. If a court decides that applicable law precludes
    enforcement of any of this paragraph’s limitations as to a particular claim for
    relief, then that claim (and only that claim) must be severed from the
    arbitration and may be brought in court.
    (f) Future Changes to Agreement to Arbitrate. Notwithstanding any provision
    in these Terms to the contrary, we agree that if Verafi makes any future
    change to this arbitration provision (other than a change to the Notice
    Address, website links, or telephone numbers listed in this provision), any
    such changes will not affect disputes that arose before the effective date of
    the change.
  17. Entire Agreement.
    a) These Terms and any Verafi policies provided via InvestCheck registration
    constitute the entire contract between You and Verafi and supersede all
    previous written or oral contracts. Except as provided in paragraph (14)(e), if
    any part of the Terms is held invalid or unenforceable, that portion shall be
    construed in a manner consistent with applicable law to reflect, as nearly as
    possible, the original intentions of the parties, and the remaining portions
    shall remain in full force and effect. Any failure by us to enforce any term of
    the Terms shall not affect our right to require performance at any subsequent
    time, nor shall the waiver by us of any breach by You of any provisions of
    these terms be taken to be a waiver of the provision or provisions itself.