ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
These Terms of Service (or "Terms") govern your use of CVerified, except where we expressly state that separate terms (and not these) apply, and provide information about the CVerified Service (the "Service"), outlined below. When you create a CVerified account or use CVerified, you agree to these terms.
These Terms constitute an agreement between you and Freedom Tech, Inc ("Us", "We", "Our").
We agree to provide you with the Service. The Service includes products, features, applications, services, technologies, and software including but not limited to:
Providing our Service requires collecting and using your information. The Privacy Policy explains how We collect, use, and share information. It also explains the many ways you can control your information. You must agree to the Privacy Policy to use the Service.
In return for our commitment to provide the Service, we require you to make the below commitments to us.
These Terms apply to any and all Our customers and users of Our Services, including but not limited to individuals, small and large businesses, and nonprofit organizations, who utilize the Services, as well as all others who access the Services, including but not limited to website visitors and users of affiliate websites which allow access to Services including each User's heirs, assigns and successors. If you use the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
Subject to the age restrictions, you may be able to submit information to us through your use of the Services. You agree to provide us with accurate information, including but not limited to any information you may submit for background checks conducted about or requested by you. You further agree that your submission of such information is subject to our Privacy Policy.
In the Services, you may authorize Us and third-party partners to obtain background reports about you (also known as consumer reports or investigative consumer reports) from Us. If you provide such authorization, you understand and agree that 1) the party you authorize may obtain information about your character, general reputation, personal characteristics, identity and identification, and/or mode of living, which can involve personal interviews with sources such as your neighbors, friends, or associates; 2) reports may include checks regarding your criminal history, credit history, eviction records, social security trace, motor vehicle records ("driving records"), drug screening, verification of your education or employment history or other background checks; and 3) any law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, employer, or insurance company may furnish any and all background information requested by Us.
By accessing or using the Services, you represent and warrant you shall comply with all applicable federal and state law, including but not limited to the Fair Credit Reporting Act and the Equal Employment Opportunity Act.
To the extent these Terms conflict with our Services Agreement, the Services Agreement governs. If you enter into an agreement with Us providing different or additional terms regarding Our Services and there is a conflict between a provision in these Terms and a provision in such agreement, the latter takes precedence with respect to the provision in conflict.
The Services may allow you to request a copy of your background check or background reports about you. By requesting a copy, you authorize Us and Our contractors/providers to use the information you provide to us for purposes of conducting background checks and producing reports for you. You agree that We have no obligation to monitor or edit the information you submit to us and that you are solely responsible for the completeness and accuracy thereof.
In connection with conducting background checks, We may collect certain data including, without limitation, DMV records, criminal records, and other publicly available information. We shall treat such data in accordance with our Privacy Policy.
By requesting a copy of your background check, you further acknowledge receipt of and certify that you have reviewed and fully understand the following three statutory notices:
Summary of Your Rights Under the Fair Credit Reporting Act (16 C.F.R. Part 601) located at https://files.consumerfinance.gov/f/documents/bcfp_consumer-rights-summary_2018-09.pdf
Remedying the Effects of Identity Theft located at https://files.consumerfinance.gov/f/201410_cfpb_summary_remedying-the-effects-of-id-theft-fcra.pdf
Notice to Users of Consumer Reports (16 C.F.R. Part 601) located at https://a-us.storyblok.com/f/1014904/a1b11eedf7/cfr-2012-title12-vol8-part1022-appn.pdf
Nothing in these Terms shall affect your right: a) access certain information in your file by contacting us, or b) to notify us and request that we investigate information in your background check that you believe is inaccurate or incomplete, each as provided in 15 U.S.C. §§ 1681c-1, 1681g, and 1681i, of the FCRA.
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Service community.
Notice of Penalty under the Fair Credit Reporting Act ("FCRA"): THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
You represent and warrant that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Services:
Additionally, you agree that you cannot:
As part of our agreement, you also give us permissions that we need to provide the Service.
We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to the Service) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account email us at support@CVerified.com. When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms and our Privacy Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Our Agreement and What Happens if We Disagree" will still apply even after your account is terminated, disabled, or deleted.
We support the protection of intellectual property and ask users of the Services to do the same. If you believe that content on the Services violates your copyright, please submit a "Takedown Notice" at dmca@CVerified.com. There may be legal consequences for sending a false or frivolous Takedown Notice. Before sending a takedown request, you must consider legal uses, such as fair use and licensed uses.
It is Our policy, in appropriate circumstances and in Our sole discretion, to disable and/or terminate the Accounts of users who repeatedly infringe or are repeatedly charged with infringing upon the copyrights or other intellectual property rights of Us and/or others.
Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We also don't control what people and others do or say, and we aren't responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren't responsible for services and features offered by other people or companies, even if you access them through our Service.
Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Service users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks) or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Service account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Freedom Tech, Inc., ATTN: CVerified Arbitration Filing, 525 RANDALL AVE STE 100-1123 Cheyenne WY 82001. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Service account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account by emailing support@CVerified.com.