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.
- 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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.
