- Intellectual Property Rights.
Under these Terms, Verify Smart Corp. and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Website are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the System. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or any third parties, or in any manner that disparages or discredits us. All other trademarks not owned by Verify Smart Corp. that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Verify Smart Corp.
All information, materials, functions and other content provided on this Website (collectively “Content), such as text, graphics, logos, images, button icons, audio recordings, video recordings, data compilations, etc., is our property or the property of our licensors, and is protected by United States and international copyright laws, and other intellectual property laws and protections as applicable. The compilation, collection, arrangement, and assembly of all content on this Website are our exclusive property and are protected by the United States and international copyright laws, and other intellectual property laws and protections as applicable. All software used on this Website is the property of Verify Smart Corp. or its software suppliers and protected by the United States and international copyright laws, and other intellectual property laws and protections as applicable. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Website is strictly prohibited. ©2017 Verify Smart Corp. All rights reserved.
Verify Smart Corp does not assert copyright or grant any rights to the images or descriptions of real estate listings provided through the Website. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sub-licensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or maybe, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Verify Smart Corp. may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website if any, are confidential and you must maintain the confidentiality of such information.
- No Warranties.
This Website is provided “as is, with all faults, and [COMPANY NAME] makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
- Limitation of Liability.
In no event shall [COMPANY NAME], nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and [COMPANY NAME], including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
- Online Payments.
You can purchase products and/or services on our Website. We accept credit cards issued by U.S. banks; credit cards registered/owned outside the U.S. may be subject to a five (5) day waiting period prior to completing the registration/subscription process. Other forms of payment may include certain debit cards and ACH transfers, etc. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
- Real Estate Services.
Verify Smart Corp. is not a licensed real estate broker and does not broker real estate transactions. We do not act as a real estate agent for you or any other user. Verify Smart Corp. does not buy, sell, or negotiate the purchase, sale, or exchange of real estate. We do not rent or lease, offer to rent or lease, or negotiate the lease of real estate or otherwise aid or assist in the lease of real estate.
Verify Smart Corp. is not a mortgage broker, loan originator, loan processor, lender or underwriter. We do not aid or assist borrowers in obtaining loans.
- Public Forms and Communication.
“Public Forum” means an area or feature offered as part of this System that offers the opportunity for users to distribute Submissions for viewing by one or more Website users, including, but not limited to (although the following may not yet be available on the System), a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Public Forums and features offered herein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the Website under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.
You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Website.
- Removal of Submissions.
If this Website is viewed internationally, you are responsible for compliance with applicable local laws.
- Rules of Conduct.
The following Rules of Conduct apply to the Website. By using the Website, you agree that you will not upload, post, or otherwise distribute to the Website any Submission that:
- (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without his or her express permission) or publicity; or (c) any confidentiality obligation;
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Website; or
- (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
- Third Party Links.
Links to third party systems may be provided on this Website. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Website. We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these systems and their content. We do not endorse or make any representations about such systems or any information or materials found there, or any results that may be obtained from using them. If you access any third party systems linked from this Website, you do so at your own risk.
You hereby indemnify, to the fullest extent permitted by applicable law, Verify Smart Corp., including any of our affiliates and their respective officers, director, employees and agents from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
- Variation of Terms.
Verify Smart Corp. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
- Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Verify Smart Corp. and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.
- Disclaimer of Warranties.
THIS WEBSITE, THE OPERATION OF THIS WEBSITE, SOFTWARE, AND ALL INFORMATION, MATERIALS, PRODUCTS, SERVICES, AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SYSTEM OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SYSTEMS (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS WEBSITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SYSTEM OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liabilities.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, INCLUDING ANY OF OUR AFFILIATES AND/OR SUBSIDIARIES, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SYSTEM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PARTICULAR SERVICE OR PRODUCT CAUSING SUCH LIABILITY. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE WEBSITE OR CHANGE THE WEBSITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
- Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, and you submit to the non-exclusive jurisdiction of the state and federal courts located in New Jersey for the resolution of any disputes.
- Effective Date.