Welcome to Vcheck Global.  You have reached a website that is owned and operated by Vcheck Global, LLC, and/or its affiliates, related entities, partners, divisions, subsidiaries or its parent companies (collectively, “Vcheck Global,” “we,” “us” or “our”). Please review this page carefully. These Terms and Conditions (“Terms”) constitute a legal contract between you and Vcheck Global and set forth the terms and conditions under which you are authorized to use our services, the https://vcheckglobal.com website and its subdomains (collectively, the “Website” or “Site”), and our software applications, and all portals, products, goods, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Platform”). By using the Platform, you agree to be bound by and comply with these Terms. We may change these Terms or modify any features of the Platform at any time. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” link posted through the Website. You accept any changes to the Terms by continuing to use the Platform after we post the changes. If you do not agree to the Terms, do not use our Platform.

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site or the Platform. If you use or access the Platform on behalf of a company or organization, such company or organization will also be considered a party to these Terms, and “you” and “your” refers to that company or organization as well. Our Platform is not intended for those under the age of 18 – if you access our Platform, you represent and warrant that you are at least 18 years of age.

Please note that these Terms contain an arbitration provision and waiver of class action and jury trial at Section 16 below.

1. Privacy Policy and Other Guidelines

Our Privacy Policy is incorporated into these Terms by reference, and constitutes a part of these Terms. By using the Platform, you indicate that you understand and consent to the collection, use and disclosure of your information as described in our Privacy Policy. To the extent that additional rules and guidelines affect your use of the Platform, those rules and guidelines are hereby incorporated by reference into these Terms.

2. Third Party Links and Content

We provide our services expressly at the direction of and on behalf of our clients (our “Clients”), and may use third party service providers in order to provide features or services.  In the course of providing our services, the Platform may contain links to third-party content that take you outside of the Platform (“Linked Sites”), including but not limited to service providers or social media sites.  We do not control, endorse, sponsor, recommend or otherwise accept responsibility for such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You acknowledge and agree that we are not responsible for these parties’ use of information you provide them.  You further acknowledge that any reliance on representations and warranties provided by any party other than Vcheck Global will be at your own risk.  In addition, your use of our Clients’ websites and services will subject you to the terms of use and privacy policies posted on each site or service, and we encourage you to review those agreements before using those sites and services. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgements, costs or expenses of any nature or kind incurred as a result of your dealings with third parties or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

3. Additional Terms and Conditions

In connection with your use of the Platform, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Platform. Any supplemental terms will not vary or replace these Terms regarding any use of the Platform unless otherwise expressly stated.  To the extent that additional rules and guidelines affect your use of the Platform, those rules and guidelines are incorporated by reference into these Terms.

4. Consent

Vcheck Global’s Clients are responsible for obtaining any applicable consent from data subjects under relevant law, including the consent necessary for us to initiate communication, and for their processing of any Personal Information (as defined in the Privacy Policy). Vcheck Global may process the information and provide additional tools to collect or withdraw consents from users via an opt-in/opt-out process, a voice responses, electronic response, or other appropriate methods. Notwithstanding these options provided by Vcheck Global, Vcheck Global’s Clients, as the controllers of the data, remain wholly responsible for obtaining all applicable consents and giving effect to users’ choices. Please review our Privacy Policy for more information on how Vcheck Global may process Personal Information and your choices related to that information.

5. Consent to Electronic Communications

By using the Platform, you agree that Vcheck Global may communicate with you electronically regarding your use of the Platform and that any notices, agreements, disclosures or other communications that Vcheck Global sends to you electronically will satisfy any legal communication requirements, including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at [email protected].

6. Prohibited Conduct

You may not access or use, or attempt to access or use, the Platform to take any action that could harm us or any third party, interfere with the operation of the Platform, or in a manner that violates any law(s). For example, and without limitation, you may not:

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
• Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Platform;
• Collect or store personal data about other users of the Platform or solicit personal information from any individual without proper rights or the consent of the individual;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity conducted on the Platform or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Platform. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to Vcheck Global’s or its users’ computers or systems;
• Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
• Violate, or encourage any conduct that would violate, any applicable law or regulation;
• Engage in fraud or misuse of the Platform or our services;
• Cause damage, embarrassment or adverse publicity to Vcheck Global; or
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Platform or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Platform for any or no reason at any time without notice.

7. Account Creation

To access and use the Platform, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site or the Platform at any time and for any or no reason. Vcheck Global will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of the Platform is terminated, you will (i) stop using the Platform and any information obtained from the Platform, and (ii) destroy all copies of your account information, password and any information obtained from the Platform.

8. Use of Account; Risk of Loss

Vcheck Global reserves the right to refuse service, cancel product or service orders, terminate accounts, or remove or edit content, in its sole discretion. If you use a Vcheck Global account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Site and the Platform. You also represent that you are using your account for a lawful purpose – you may not use your account or the Site or Platform for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.

You agree not to access the Site or the Platform by any means other than through a commercially available web browser. You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Site, or Vcheck Global’s systems and equipment. You may not use the Site or the Platform in a manner that could block access to, impair, damage or otherwise disable Vcheck Global or any of our servers. You may not attempt to gain unauthorized access to the Site or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable federal, state, and international laws.

9. Submitted Materials

Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Vcheck Global should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

Unless specifically requested, Vcheck Global does not wish to receive any confidential, proprietary, or trade secret from you via the Platform (including via contact email or forms made available on the Platform). You remain fully responsible for the materials that you provide to us, including, without limitation, information, requests, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques or other materials submitted, posted, uploaded, sent or otherwise transmitted to us through this Site, or the Platform, or via our social media (“Submitted Material”). If you send Vcheck Global any Submitted Material, you grant Vcheck Global a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) such Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Vcheck Global any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that you the Submitted Materials is owned entirely by you and that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Vcheck Global to use the Submitted Material as permitted by the license in this Section.

In addition to the rights applicable to any Submitted Material, when you post comments or reviews to our Platform or via mentions in social media, you also grant us the right to use the name, username, or profile that you submit with any comment, review, or other content, in connection with the comment, review or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material for any reason.

You agree not to provide Submitted Material that:

• Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
• Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
• Violates a third party’s right to privacy or publicity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
• Contains epithets or other language or material intended to intimidate or incite violence;
• Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
• Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
• Violates any applicable local, state, national or international law, or advocates illegal activity.

Since Vcheck Global does not control the Submitted Material posted on the Platform, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will Vcheck Global be liable in any way for Submitted Material made available through the Platform by you or any third party.

The obligations that you have to us under these Terms shall survive termination of the Platform, any use by you of the Platform, as well as any Submitted Material uploaded or sent through the Platform, or the termination of these Terms.

10. Intellectual Property

This Platform contains content that is protected under the copyright, trademark and other intellectual property laws of the United States and other countries (“Content”) and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or elsewhere indicated on the Website, all intellectual property rights in the Content are owned by us or our third-party licensors to the full extent permitted under United States and international intellectual property laws, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of the Content. All trademarks displayed on our Platform are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or inks to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Vcheck Global.

Your use of this Platform shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines or other proprietary rights notices. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify or otherwise exploit any part of the Platform, including the Vcheck Global name and logo, without our prior written consent. You may provide a link to the top page of the Website unless and until Vcheck Global gives notice that you must discontinue linking to the Website. You may not store electronically any significant portion of Content from this Platform. The use of Content from this Platform on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without our prior written approval.

For permission to use Content from the Platform or from marketing material authored and distributed by Vcheck Global, you must request written permission in advance and provide full attribution. Permission should be requested by contacting [email protected]

11. Claims of Infringement

Vcheck Global respects the intellectual property of others and requires that you do the same. In the event that you find content posted on our Platform that you believe infringes the copyright ownership or other intellectual property rights of you, your company, or any third party, you are requested to immediately contact Vcheck Global’s Copyright Agent as described below, in accordance with the Digital Millennium Copyright Act (“DMCA”). Vcheck Global will promptly respond to notices of alleged copyright infringement that are duly reported and Vcheck Global will disable and/or remove access to the website for users who are repeat infringers. To report alleged infringement, please provide Vcheck Global’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

• Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
• Provide your mailing address, telephone number and, if available, email address.
• Include both of the following statements in the body of the Notice:
• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all items completed, to the Vcheck Global Copyright Agent:

Copyright Agent
Vcheck Global LLC
104 W. 40^th Street, Suites 400 and 500
New York, NY  10018
United States

Email Address: [email protected], subject line “DMCA Notice”

While Vcheck Global considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

12. Indemnification

You agree to defend, indemnify, and hold harmless Vcheck Global, its partners, related entities, divisions, subsidiaries, or parent companies, its officers, directors, affiliates, agents and employees, from and against any claims, losses, damages, fines, penalties or other liabilities, including reasonable attorney’s fees and costs, in any way associate with (i) your use of the and access to the Site or the Platform; (ii) your actual or alleged violation of any of these Terms; and/or (iii) your violation of any third party right, including any copyright, trademark, trade secret, or publicity or privacy right related to your Submitted Material or any use of the Site or the Platform, or any other use of the Platform using your computer, mobile device, or account credentials.

13. Disclaimer of Warranties

YOUR USE OF THE SITE AND PLATFORM IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE PLATFORM OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE PLATFORM, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE PLATFORM; (4) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY VCHECK GLOBAL; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY VCHECK GLOBAL OR ANY THIRD PARTY; AND (6) WARRANTY OF TITLE. FURTHER, VCHECK GLOBAL DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, (1) THAT THE PLATFORM OR ANY EMAIL WE SEND YOU IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF OR BROWSING ON THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PLATFORM; OR (2) THAT THE PLATFORM, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE OR UNINTERRUPTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL VCHECK GLOBAL (OR ITS PARTNERS, RELATED ENTITIES, DIVISIONS, SUBSIDIARIES, PARENT COMPANIES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORM) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS, ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE PLATFORM, PLATFORM CONTENT, USER CONTENT OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VCHECK GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL VCHECK GLOBAL’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PLATFORM, THE WEBSITE, THE APPS, OR THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY A CLIENT FOR VCHECK GLOBAL’S SERVICES IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VCHECK GLOBAL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VCHECK GLOBAL DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE OR THE PLATFORM, YOUR SOLE REMEDY IS TO STOP USING THE SITE AND THE PLATFORM.

15. Applicable Law; Jurisdiction

These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of New York, as applicable, without resort to any conflict of laws provisions. By using the Platform, you waive any claims that may arise under the laws of other countries or territories.

16. Dispute Resolution; Class Action and Jury Trial Waiver

With respect to any and all disputes arising out of or in connection with the Platform or these Terms (including, without limitation, the Privacy Policy), Vcheck Global and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Vcheck Global do not resolve any dispute by informal negotiation within 60 days, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in New York, New York. If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in New York, New York. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.  Both you and Vcheck Global understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Vcheck Global will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

You agree that Vcheck Global is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Vcheck Global understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.  Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in New York, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

17. Access Outside the United States

If you are visiting the Platform from a location outside of the United States, be advised that your information may be transferred from your location through and to servers located in the United States or elsewhere. The data protection laws in the United States and in other countries may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Platform or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries. Please see our Privacy Policy for more information.

18. Miscellaneous

You agree and understand that these Terms, together with any other applicable contracts or click-through agreements you may have entered into regarding our Platform or our services, constitutes the entire agreement between Vcheck Global and you regarding your use of the Platform, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and Vcheck Global as a result of these Terms or your access to and use of the Platform. You may not assign any rights granted to you or delegate any of your duties hereunder, and any attempt to do so is void and of no effect. You agree, however, that Vcheck Global may assign its rights and delegate its duties under this Agreement in its entirety, and that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by us with respect to such use.

19. Contact Us

If you have any questions about the Terms, please feel free to contact us at:

Email Address: [email protected]

Telephone Number: 1 (888) 740-0747

Website: https://vcheckglobal.com

UPDATED: February 20, 2024

THESE ARE THE TERMS AND CONDITIONS UNDER WHICH YOU ARE PERMITTED TO USE THE APPLICABLE VCHECK GLOBAL, LLC (“VCHECK GLOBAL,” “WE” AND “OUR”) PORTAL AND SOFTWARE (COLLECTIVELY, THE “PORTAL”). BY ACCESSING, USING OR DOWNLOADING INFORMATION FROM OUR PORTAL, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS ON BEHALF OF YOURSELF AND, IF APPLICABLE, THE ENTITY WITH WHOM YOU ARE EMPLOYED OR REPRESENT.  IF YOU ARE AGREEING ON BEHALF OF AN ENTITY, YOU WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WITH AUTHORIZATION TO BIND SUCH ENTITY TO THIS END USER LICENSE AGREEMENT (“EULA”), WHICH INCORPORATES BY REFERENCE THE VCHECK GLOBAL TERMS OF USE (“TERMS”).  THIS EULA CONSTITUTES A LEGAL AGREEMENT BETWEEN VCHECK GLOBAL AND YOU AND SUCH ENTITY, IF APPLICABLE (COLLECTIVELY REFERRED TO AS “YOU” OR “YOUR”) GOVERNING ALL USE OF THE PORTAL AND OUR SERVICES. YOU WARRANT THAT YOUR ACCESS AND/OR USE OF THE PORTAL EVIDENCES YOUR INTENTION TO LEGALLY BIND YOURSELF AND YOUR ENTITY, IF APPLICABLE, AND SUCH ACCESS AND/OR USE IS INTENDED AS A SYMBOL OF YOUR SIGNATURE.  PLEASE PRINT AND RETAIN A COPY OF THIS EULA FOR FUTURE REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS AND/OR USE THIS PORTAL OR OUR SERVICES. 

1. License 

We grant you a limited, revocable, non-exclusive, royalty-free license to access the Portal and use our software, firmware and intellectual property embodied in our Portal solely for your own internal business purposes and solely in connection in your relationship with Vcheck Global, on the condition and so long as you comply with all terms and conditions of this EULA. Except as otherwise provided herein, such licenses are non-assignable, non-transferable and non-sublicensable. You may not extract, copy or use our Portal or Services in connection with any other service. If you are required to make any programming changes in your internal hardware and software systems to enable you to access, use and/or cease use of the Portal, or any modifications or upgrades thereof, such changes shall be at your sole cost and expense and at your own risk. Your failure to make such changes or upgrades as required by Vcheck Global may result in you being unable to use or continue using the Portal. Vcheck Global may modify, upgrade, and terminate the use of the Portal at any time for any reason.  

2. Portal and Services Ownership 

The Portal and our Services are protected by copyright and other intellectual property rights. Our Services are not sold, but only licensed or made available on a limited basis. Notwithstanding anything to the contrary herein, and notwithstanding any reference to the sale of any service to you hereunder, except for the rights expressly granted to you under this EULA, all right, title and interest (including all copyrights, trademarks, service marks, patents, inventions, trade secrets, intellectual property rights and other proprietary rights) in and to the Portal and the services and any copies thereof (regardless of the form or media upon which such copies are recorded) are and shall remain exclusively owned by Vcheck Global and our licensors.  

In no event shall the Portal or the services be used in such a way that in Vcheck Global’s judgment, in its sole discretion, would damage Vcheck Global’s goodwill. If Vcheck Global, in its sole judgment, believes that any of your uses of the Portal or the services or the Vcheck Global intellectual property violates this provision, Vcheck Global reserves the right to terminate this EULA and/or your access to the Portal.  

3. Access to the Portal  

You may obtain access to the Portal and the Services by being issued an Account (see below) or by being provided with a link to access the Portal.  You may not access the Portal using another’s credentials and may not use any other unauthorized method to obtain access.   

4. Account Creation 

To access and use the Portal and the services, we may require you to register for an account or an account may be created for you (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you have an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, Account (or any part thereof) or use of the Portal or the Services at any time and for any or no reason. Vcheck Global will not be liable to you or any third party for any termination of your access to the Services. If your status as a user of the Services is terminated, you will (i) stop using the Portal and the Services and any information obtained from the Portal or the Services, and (ii) destroy all copies of your Account information, password and any information obtained from the Services. 

Access to the Portal may also be provided through a one-time link that may require additional authentication.  Any Account holder that provides access to the Portal to another user with a one-time link represents that the recipient is authorized to receive such information, and the Account holder shall remain responsible for all activity taken by the recipient of the link.   

Account holders shall remain responsible for updating contact information and/or adding and removing additional users or recipients of links.  If access should be denied to any individual for whom you have created an account or provided access to the portal (e.g., in the event of an employee termination), please email us at [email protected] to update, add or delete user information. 

Please note that all personal information provided to Vcheck Global is subject to our Privacy Policy.     

5. Use of Account; Risk of Loss 

Vcheck Global reserves the right to refuse access, cancel service orders, terminate accounts, or remove or edit content on the Portal, in its sole discretion. If you use the Vcheck Portal or our Services, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Portal. You also represent that you are using your account for a lawful purpose – you may not use your account or the Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.  

You agree not to access the Portal by any means other than through a commercially available web browser. You are not permitted to upload material into the Services that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Portal or the Services, or Vcheck Global’s systems and equipment. You may not use the Portal in a manner that could block access to, impair, damage or otherwise disable Vcheck Global or any of our servers. You may not attempt to gain unauthorized access to the Services or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable federal, state, and international laws.  

6. Uploaded Materials 

Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Vcheck Global in connection with your use of the Portal should be submitted securely, via a file transfer protocol (FTP) or similar secure application or a secure upload provided via the Portal. You remain fully responsible for the materials, submissions or uploads that you provide to us, and represent that you have consent or a permissible legal purpose for uploading information to the Portal, including, but not limited to, any information, requests, authorization forms, prior reports, or other material submitted, posted, uploaded, sent or otherwise transmitted to us via email or via the Portal (“Uploaded Materials”).  Accordingly, if you submit any Uploaded Materials to Vcheck Global (via the Portal or otherwise), you agree that you have legal authorization to upload the Uploaded Materials and hereby grant Vcheck Global a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, display, license and sublicense (through multiple levels) the Uploaded Materials in any work product created for you by Vcheck Global. In addition, you warrant that the Uploaded Materials are owned entirely by you and that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Vcheck Global to use the Uploaded Materials as permitted by the license in this Section.  

7. Consent to Electronic Communications 

By using the Portal, you agree that we may communicate with you electronically regarding your use of the Portal or our Services and that any notices, agreements, disclosures or other communications that Vcheck Global sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at [email protected]. 

8. Security 

You are solely responsible for your failure to keep all user identifications and passwords (your “Login Credentials”) secure. If you believe the security of your Login Credentials has been compromised, or you suspect unauthorized use, you will promptly notify us at [email protected]. We will be entitled to treat all communications, instructions and transactions as authorized by you if your Login Credentials are used unless you have notified us of compromise or unauthorized use of your Login Credentials. If we suspect, in our reasonable opinion, fraudulent or unauthorized activity on your account, we reserve the right to terminate or suspend your access to our website or any applicable services or both and will use reasonable efforts to contact you. 

9. Protective Measures 

The Portal and our services may contain technological measures (including the ability to disable or restrict the Services’ functions) designed to prevent the illegal usage of our software or other violations of this EULA or applicable law. You agree not to circumvent or attempt to circumvent such measures. 

10. Updates And Patches 

We shall continuously improve our Portal and our services and may, from time to time, cause software updates to be automatically installed with or without prior notification to you or provide access to updates through our website. You hereby consent to such automatic installations and agree to use only the updated version once it has been installed. 

11. Additional Terms 

To the fullest extent permissible under applicable law, you agree: (a) to follow the instructions provided from time to time with the Portal or software, and/or in any materials which may be provided to you with your access to the Portal, for the access, use, and cessation of use of the Portal and the services; (b) to acknowledge that you will not use the Portal in such a manner that adversely affects the functionality of Vcheck Global’s services or violates applicable law or the rights of others; (c) to acknowledge that this EULA does not include, and Vcheck Global is not obligated to provide, any integration services, technical support, updates, upgrades, bug-fixes, patches, and/or any other modifications to the Portal or the software, unless Vcheck Global elects to do so in its sole discretion; (d) that you may not disclose, transfer or transmit in any manner any services, software or other copyrightable or licensed elements of the Portal whether temporarily or permanently; (e) that you may not modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any software elements of the Portal; (f) if you are a business or an organization, upon request from Vcheck Global, you must provide information requested by Vcheck Global concerning compliance of your use of the Portal (and other users you have authorized) to the terms of this EULA and our Terms of Use; (g) that all rights to use the Portal and the services are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA; and (h) your consent to our use of data – you agree that Vcheck Global may collect and use technical data and related information, including but not limited to personal information (as set forth in our Privacy Policy), and technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Portal, and Vcheck Global may also use this information to improve its products or to provide services or technologies to you.  

12. Compliance 

You shall comply with all applicable laws, including but not limited to the privacy and data security laws of the United States and the European Economic Area, and your respective jurisdiction.  

13. Confidentiality And Data Transfer 

We will implement and maintain reasonable technical and organizational security and data storage policies and measures consistent with industry standards for facilities within our control and make these measures and policies available to you on request. You acknowledge and agree that data may be stored or transmitted through third party facilities, third party services or common carriers, including without limitation the internet, in the course of using our Services. You shall not provide third parties with access to any software and non-public information in and regarding the Services and any other confidential information that we provide without our prior written consent, except to your own employees, subject to adequate confidentiality agreements. 

14. Aggregated Or Anonymized Data 

You acknowledge that Vcheck Global compiles, stores and uses aggregated and/or anonymized data and system usage information to monitor and improve the Services and for the creation and sale of new Services or derivatives. This aggregated or anonymized data is no longer associated with an identifiable individual or device and, as such, is not Personal Information. Accordingly, Vcheck Global may use such aggregated or anonymized data for any purpose. Vcheck Global will not attempt to disaggregate the data or re-associate it with a device without your consent or unless legally compelled to do so or unless required for safety or troubleshooting purposes. 

15. Feedback 

You understand and agree that any feedback, input, suggestions, recommendations, troubleshooting information or other similar information that you provide or which is made available to us (whether directly or through a reseller including in the course of utilizing support, maintenance or other services) may be used by us to modify, enhance, maintain and improve our Services and shall become our exclusive property without any obligation or payment to you or to any of your customers whatsoever. 

16. Warranty Disclaimer 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT OR QUIET POSSESSION AND THOSE ARISING BY STATUTE OR IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT: (A) ANY OF THE SERVICES OR THE SERVICESWILL MEET YOUR BUSINESS OR OTHER REQUIREMENTS; (B) THE SERVICES OR SERVICES WILL OPERATE OR BE PROVIDED WITHOUT INTERRUPTION; (C) THE SERVICES OR SERVICES WILL BE ERROR-FREE, VIRUS-FREE OR THAT THE RESULTS OBTAINED FROM THEIR USE WILL BE ACCURATE, RELIABLE OR CURRENT; (D) ANY ERRORS IN THE SERVICES OR SERVICES CAN BE CORRECTED OR FOUND IN ORDER TO BE CORRECTED. MOREOVER, WITHOUT LIMITING THE GENERALITY OF SECTION 13 (CONDITIONS AND EXCLUSIONS) WE DO NOT ENDORSE, AND MAKE NO REPRESENTATION, OR WARRANTY WITH RESPECT TO, AND ASSUME NO RESPONSIBILITY, OBLIGATION OR LIABILITY FOR, ANY NON-VCHECK GLOBAL SERVICES, SOFTWARE, DATA, SERVICES, OR SERVICES. 

17. Intellectual Property Infringement Claims 

(a) We will, at our sole cost and expense, defend and indemnify or, at our option, settle, any claim, assertion or action brought against you or your affiliates, successors or assigns to the extent that it is based on a claim (an “Infringement Claim”) that any of our Services which we have supplied to you directly or through an authorized reseller infringes any copyright, patent, trade secret or trademark of any third party (excluding any of your affiliates) and indemnify you against damages awarded against you by a court of competent jurisdiction by final order from which no appeal is taken or after the time for appealing has expired, provided that you: (i) notify us promptly and within no more than 10 days after your receipt of notice of such claim in writing; and (ii) permit us to defend, compromise or settle the claim or action and provide all available information, assistance and authority to enable us to do so. We shall not be liable to reimburse you for any compromise or settlement made by you without our prior written consent, or for any legal fees or expenses incurred by you in connection with such claim. 

(b) Should any of our Services or any part thereof become, or in our sole opinion are likely to become, the subject of an Infringement Claim, we may, at our option and expense: (i) procure, at no cost to you, the right to continue to use such Services which are the subject of the Infringement Claim; (ii) replace or modify the Services or infringing part thereof with non-infringing equivalents, at no cost to you; or (iii) if none of the foregoing alternatives are reasonably practical in our sole judgement, we may: (A) in the case of software or services, terminate such services or the licenses for such software and refund or issue a credit for any prepaid but unused fees for such software or services, if any; and/or (B) in the case of our devices, require you to return such devices and refund or issue a credit for the purchase price paid by you to us for the devices returned, depreciated on a straight-line basis over a 36 month period from the date of purchase. 

(c) We have no obligation or liability whatsoever in respect of any Infringement Claim that is based on any of the following (collectively, the “Excluded Claims”): (i) in the case of any software, the use of other than the latest release and version of such software; (ii) the use of any Services in breach of this Agreement; (iii) non-Vcheck Global Services, software, data or services, (iv) the use, association or combination of any of our Services with, or the incorporation or integration into our Services of, any non-Vcheck Global product, software, service, data, information or other material (including your own) that is not supplied by us or expressly identified by us in our written specifications or documentation as being required for the use and operation of our Services; (v) the use or operation of any of our Services, in any manner or for any purpose other than as expressly specified in our documentation for same; (vi) any modification, alteration, change, enhancement, customization or derivative work of the Services made by anyone other than us or our agents; (vii) changes we make to Services to comply with your instructions or specifications; (viii) any use of data in accordance with this Agreement that is collected through the operation of or generated by our Services; or (ix) any reselling or distribution of our Services. This Section states our entire liability and your sole and exclusive remedies with respect to any Infringement Claim. 

18. Indemnification 

UNLESS PROHIBITED BY APPLICABLE LAW, YOU SHALL INDEMNIFY AND HOLD HARMLESS VCHECK GLOBAL, ITS AGENTS, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, DISTRIBUTORS, SUB-DISTRIBUTORS, CONTRACTORS, SUCCESSORS OR ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (EACH AN “INDEMNIFIED PARTY”), FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS, LOSSES AND EXPENSES (INCLUDING REASONABLE LEGAL COSTS AND FEES) ARISING FROM OR RELATED TO ANY CLAIM, DEMAND, COMPLAINT OR ACTION BY A THIRD PARTY ARISING OUT OF OR INCIDENT TO: (A) YOUR ACTIONS OR FAILURE TO ACT UNDER OR RELATED TO THIS AGREEMENT OR THE TERMS; (B) YOUR PROVISION OF ACCESS TO THE PORTAL TO A PERSON OR ENTITY; OR (C) YOUR BREACH OF ANY THIRD PARTY TERMS INCORPORATED HEREIN BY REFERENCE. 

19. Limitations Of Liability 

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LIABILITY OF ALL INDEMNIFIED PARTIES TO YOU HEREUNDER OR OTHERWISE IN RESPECT OF THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID FOR THE SERVICES OR SERVICES OR THE RIGHTS TO USE THE SOFTWARE IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE TIME THE CAUSE OF ACTION AROSE, SUBJECT TO ANY LESSER LIMITATION OF LIABILITY IN ANY TERMS INCORPORATED HEREIN BY REFERENCE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY TERMS) IF APPLICABLE. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, LOSS OF DATA, BUSINESS INFORMATION OR LOSS OF USE THEREOF, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR ANY OTHER NON-DIRECT, PECUNIARY, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND WHETHER FORESEEN OR UNFORESEEN ARISING FROM OR INCIDENTAL TO THIS AGREEMENT. FOR GREATER CERTAINTY, THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL NOT APPLY TO (A) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER; OR (B) INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS. 

20. Applicability 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT WILL APPLY IRRESPECTIVE OF THE NATURE OR FORM OF THE CLAIM, CAUSE OF ACTION, DEMAND, OR ACTION, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. 

21. Termination 

We reserve the right to terminate this EULA in whole or in part with or without notice if: (a) you materially breach or otherwise materially fail to comply with any provision of this EULA; (b) we determine that any registration information you submit or any update thereof is not true, accurate, complete or current; (c) you become insolvent or bankrupt; (d) you reorganize your business, make an assignment under or otherwise take advantage as a debtor of, bankruptcy or insolvency laws, including having a trustee or receiver appointed; (e) any steps are taken to wind up or otherwise terminate your existence as a legal entity; or (f) you cease operating your business. You may terminate the grant of rights to use the software or the provision of services by ceasing use of same. Upon any termination of this EULA: (i) any and all rights granted to you under this EULA shall immediately cease; (ii) you shall destroy, to the extent practicable, all copies of the software in your possession or control; (iii) if so requested by us, you shall certify in writing that all such copies of the software in your possession or control have been destroyed; and (iv) you shall cease all usage of the services. We have no obligation to safeguard or transmit to you any data that you may have stored through the use of the services. It is your sole responsibility to retrieve any such data. 

22. Assignment 

This EULA and any rights granted to you under this EULA may not be transferred or assigned by you, in whole or in part, whether voluntarily, by operation of law, or otherwise, without our prior written consent and any such attempted assignment or transfer shall be null and void, except that you may assign this EULA in its entirety to a purchaser of all or substantially all of your assets or business or in connection with a merger, amalgamation, reorganization or similar transaction without consent and upon written notice to us. Subject to the foregoing, this EULA will inure to the benefit of and be binding upon the respective successors and permitted assigns of you and us. This EULA may be assigned or novated by us in our sole discretion by way of written notice to you. 

23. Choice Of Law 

This EULA shall be governed by and construed in accordance with the laws of the United States and the State of New York, excluding its conflict of laws principles. By using the Portal, you waive any claims that may arise under the laws of other countries or territories.   

24. Dispute Resolution; Class Action and Jury Trial Waiver 

With respect to any and all disputes arising out of or in connection with the Portal or this EULA (including, without limitation, the Terms and the Privacy Policy), Vcheck Global and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Vcheck Global do not resolve any dispute by informal negotiation within 60 days, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in Los Angeles, California. If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in New York, New York. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.  Both you and Vcheck Global understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award. 

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Vcheck Global will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect. 

You agree that Vcheck Global is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Vcheck Global understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.  Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in New York County, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. 

25. Entire Agreement 

This EULA, along with the Terms and all documents referenced therein, constitutes the entire and exclusive agreement between you and us with respect to the subject matter of this EULA and cancels and supersedes any prior and contemporaneous understandings and agreements between the parties hereto with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and us, oral or written other than as expressly set forth in this EULA and any terms expressly incorporated herein by reference. The headings in this EULA are for convenience of reference only and do not affect the construction or interpretation of this EULA. 

26. Severability 

To the extent that any provision of this EULA is declared by a court or other lawful authority of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and you and we will use our respective best efforts to substitute a new provision of like economic intent and effect for the illegal, invalid or unenforceable provision, and the remainder of this EULA shall continue in full force and effect with respect to all other provisions. 

27. Amendments And Waivers 

You agree that we may change the terms of this EULA from time to time by notifying you via our Portal, website, email or other means. You agree to accept, and you hereby accept, any changes to the terms of this EULA. No modification, amendment, addition to or waiver of any rights, obligations or defaults shall be effective unless in writing and signed by the party against whom the same is sought to be enforced. One or more waivers of any right, obligation or default shall be limited to the specific right, obligation or default waived and shall not be construed as a waiver of any subsequent right, obligation or default. No delay or failure in exercising any right hereunder and no partial or single exercise thereof shall be deemed of itself to constitute a waiver of such right or any other rights hereunder. 

28. Contact Us 

If you have any questions about this Agreement, please contact us as follows: 

Email Address: [email protected]  

Telephone Number: 1 (888) 740-0747 

Website: https://vcheckglobal.com 

Customer’s Use of Monitoring Alerts: Customer verifies that it has a permissible purpose to monitor the Individual or Entity and/or that Customer has obtained written consent where applicable law requires it. Customer may use Monitoring Alerts for any lawful purpose that is not prohibited by this Agreement or applicable law. The Monitoring Alert will contain information obtained from public record sources, government records, internet/website resources, and proprietary or third-party databases and vendors. Some criminal information may not be available in all jurisdictions, and records obtained may not reflect the current status or the full scope of a criminal action taken against an Individual or Entity. Please also note that many names are similar. Because of these limitations, Vcheck Global does not guarantee the availability or the accuracy of the information provided in the Monitoring Alert. Rather, the Monitoring Alert is intended to provide information that will enable Customer to conduct additional investigation as Customer deems necessary or appropriate, or to order additional reporting with the Individual’s express written authorization.

a. Vcheck does not confirm or determine whether a record returned through the Monitoring Alert is (i) accurate, (ii) a match against the monitored Individual or Entity, or (iii) reportable to the Individual or Entity. All responsibility for record verification and reporting rests solely with the Customer or its clients, as applicable. The customer is solely responsible for determining whether any action may be taken on information contained within the Monitoring Alert under applicable law.

b. Vcheck Global represents and warrants, and Customer acknowledges, that (i) when providing the Monitoring Alerts, Vcheck Global is not acting as a “consumer reporting agency” (as that term is defined at 15 U.S.C. §1681a(f), and (ii) the Monitoring Alerts are not consumer reports (as defined at 15 U.S.C. §1681a(d) Customer represents and warrants that it will not use any Continuous Monitoring Alert, or any information contained therein, for any purpose falling under the protection of the federal Fair Credit Reporting Act (“FCRA”) or any similar international, federal, state or local statute or regulation. (collectively, “Consumer Reporting Laws”).

c. For illustration, prohibited uses of Monitoring Alerts obtained under this Agreement would include, but are not limited to, determining, in whole or in part an Individual’s eligibility for: (a) credit or insurance to be used primarily for personal, family or household purposes; (b) any employment purpose, including, but not limited to, evaluating an Individual for employment, promotion, reassignment or retention as an employee; or other benefit granted by a government agency; or (c) any other product, service or transaction in connection with which a Consumer Report may be used under Consumer Reporting Laws, including, without limitation, apartment rental, check-cashing, or the opening of a deposit or transaction account.

d. If Customer learns that it no longer has a permissible purpose for any Monitoring Alert, it must notify Vcheck Global within seven (7) days or manually remove monitoring for that Individual or Entity within Vcheck Global’s portal.

Updated: January 20, 2025

When Vcheck Global acts as a consumer reporting agency, we must follow certain guidelines under the Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transactions Act (FACT Act). These statutes impose various usage requirements for both consumers and businesses when ordering certain background, investigative, personal and other reports.  Some of the reports that we offer do not fall under these Acts.

The Fair Credit Reporting Act (FCRA), first enacted in 1971, deals with the rights of consumers in relation to their credit reports and the obligations of credit reporting agencies and the businesses that provide information to them.

The FACT Act of 2003 created new responsibilities for consumer reporting agencies and users of consumer reports, many concerning disclosures and identity theft. It also created new rights for consumers, including the right to free annual consumer reports and improved access to report information, with the aim of making data in the consumer reporting system more accurate.  Free credit reports are available directly to consumers under the FACT Act at https://www.annualcreditreport.com/index.action, the only authorized source under Federal Law.

The FCRA allows a consumer reporting agency, like Vcheck Global, to furnish a consumer report (a written, oral, or other communication of information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, which is used or expected to be used or collected in whole or in part for the purpose of establishing the consumer’s eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes, (b) employment purposes (such as employment, promotion, reassignment or retention), or (c) any other purpose authorized under section 1681b of the FCRA). “Employment purposes” may include both full- and part-time employees, as well as contractors, remote workers, temporary workers, volunteers and others.

A Consumer Reporting Agency may generally furnish a consumer report under the following instances (permissible purposes);

1. In response to a court order or federal grand jury or other subpoena.
2. In accordance with the written instructions of the consumer to whom the report relates.
3. To a person (which includes partnerships, corporations, trusts, estates, cooperatives, associations, government, government agencies or other entities – including financial institutions)  which it has reason to believe:

• Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer;
• Intends to use the information for employment purposes;
• Intends to use the information in connection with the underwriting of insurance involving the consumer;
• Intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality that is required by law to consider an applicant’s financial responsibility or status;
• Intends to use the information, as a potential investor or servicer or a current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or
• Otherwise has a legitimate business need for the information either
  •  in connection with a business transaction that is initiated by the consumer, or
  • to review an account to determine whether the consumer continues to meet the terms of the account.

4. In response to a request by the head of a State or local child support enforcement agency (or authorized appointee), if the person certifies various information to the consumer reporting agency regarding the need to obtain the report for the purpose of establishing child support payments or the appropriate level of such payments. [Such consumer reports are kept confidential and are not to be used for any other purpose or in civil, administrative or criminal proceedings. Generally, a financial institution that is not a consumer reporting agency is not involved in such a situation.]

5. To an agency administrating a State plan under 42 U.S.C. §654 for an initial or modified child support award;

6. To the Federal Deposit Insurance Company or the National Credit Union Administration as part of preparation for its appointment as a conservator, receiver or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act or the Federal Credit Union Act, or other applicable federal or state law, or in connection with the resolution or liquidation of a failed or failing institution or credit union.

To obtain a consumer report, a company must:

• Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment.  The notice must be in writing and in a stand-alone format and cannot be included in an employment application.
• Get written permission from the applicant or employee.  This can be part of the document used to notify the person that you will obtain a consumer report.
• Certify compliance to the company from which you are getting the applicant or employee’s information. You must certify that you:
  • Notified the applicant or employee and got their permission to get a consumer report;
  • Complied with all of the FCRA requirements; and
  • Will not discriminate against the applicant or employee or otherwise misused the information, as provided by any applicable Federal or State equal opportunity laws or regulations.

If an adverse action is taken based on information in a consumer report, you must give the applicant or employee a notice of that fact – orally, in writing or electronically. An adverse action notice tells people about their rights to see information being reported about them and to correct inaccurate information.  The notice must include:

• The name, address, and phone number of the consumer reporting company that supplied the report;
• A statement that the company that supplied the report did not make the decision to take the unfavorable action and can’t give specific reasons for it;
• A notice of the person’s right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get an additional free report from the company if the person asks for it within 60 days.

Vcheck Global cannot provide legal advice on your company’s FCRA compliance, but provides the links below for more information about your legal rights and obligations under the FCRA prior to submitting a request for a report.  Many U.S. states or municipalities may have additional requirements concerning consumer reports. Companies that do not comply with the FCRA may be subject to penalties.

Links

• Full FCRA
• Summary of Rights
• Notice to Furnishers of Information
• Notice to Users of Consumer Reports 
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