1. GENERAL
1.1. As a customer of Verifacto, Inc. (“Verifacto”)’s client, with whom you (“You”, “Your” or “Customer”) conduct or have conducted business (the “Company” or, if more than one, the “Companies”) and who has directed You to this website (the “Site”), You have the option to use the Verifacto online customer portal service (the “Service”). The Service allows You to electronically receive alerts, messages, and invoices from the Company, and make electronic payment on such invoices using one of the electronic payment methods made available to You by the Company (for example, via payment card or automated clearing house (“ACH”)). The payment will be charged to the payment card or bank account for which You provide account information and will be deposited into the bank account selected by the Company. In addition, You can make updates to Your personal and insurance information and receive insurance quotes or other offers from Verifacto’s partners and third party service providers.
1.2. By using or accessing the Service, You agree to be bound by the terms and conditions as provided herein (these “Terms of Service”). If you do not agree with any part of these Terms of Service, refrain from using the Service.
1.3. Verifacto reserves the right to revise these Terms of Service and the documents referenced herein at any time in its sole discretion. You may view the current version of the terms governing Your use of the Service by clicking on the Terms link at the bottom of the Customer Portal Login page of your web experience. Any changes shall be effective immediately after the time at which such changes are posted on the Site. Your continued use of the Service after the terms have been changed constitutes Your affirmative acknowledgment of, and agreement to abide and be bound by, the modified terms and conditions.
2. REPRESENTATIONS AND WARRANTIES; ACKNOWLEDGEMENTS
You represent and warrant to Verifacto and the Company, and you covenant, that: (a) the person who has applied to use the Service on Your behalf or on behalf of any company, organization or entity for whom You are using the Service to pay an invoice, as applicable, has the power and authority to accept and enter into these Terms of Service on Your behalf or on behalf of any company, organization or entity for whom You are using the Service to pay an invoice, as applicable; (b) You do business in the United States and will use the Service to receive invoices, and make payment(s) thereon, in the United States only for transactions that were made in the United States; (c) you are willing and capable of electronically receiving, reviewing, printing and saving all invoices, materials, disclosures, terms or other content delivered to You through the Service and consent to the disclosure by the Company of the information and invoice details required to create and distribute invoices to, and receive payment from, You; (d) You will provide Your complete and accurate information regarding payment information; (e) Your liability for any payment you make through the Service using a credit or debit card or ACH will be governed by the agreement for the credit or debit card company or bank You use; (f) the Service, the Site or the content on the Site are not an endorsement of the Company by Verifacto; and (e) Verifacto is not responsible for any repercussions arising from Your use of the Service and You shall seek remedies arising from disputes in connection with invoices delivered to You, and Your payment thereof, solely from the Company. In order to use the Service, You acknowledge and agree to the terms of (a) the Verifacto Privacy Policy, which can be found online at: https://verifacto.com/privacy-policy, as may be updated from time to time (the “Verifacto Privacy Policy”), (b) these Terms of Use, as may be updated from time to time, and (c) such other documents as required by Verifacto from time to time.
3. LICENSE AND USE OF THE SITE; PROPERTY RIGHTS
3.1. You are hereby granted a limited license to use during the Term (as described below), including making incidental copies arising from the operation of Your browser, the Service, the Site and the content on the Site solely for the purposes described in these Terms of Use. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, decompiling, reverse engineering, disassembling, transferring or using the Service or any content available on the Site for any other purpose.
3.2. Verifacto and other third parties other than You, as applicable, own all rights, title and interest in and to Service and the Site, and all portions thereof, including, without limitation, all intellectual property rights in connection therewith.
4. TERM AND CANCELLATION
These Terms of Service, as amended, changed and modified from time to time, remain in effect until the earlier of (a) such time as You no longer use the Service and (b) such time as it is canceled or terminated, as provided herein (the “Term”). The Company and Verifacto each may cancel Your access to, or any aspect of, the Service at any time by providing written notice to You at the most current email address the Company or Verifacto, as applicable, has for You.
5. NO WARRANTIES
Your use of the Service is at your own risk. The Service and all content made available on or through the Site or via the Service are provided to You by Verifacto, at the request of the Company, on an “as is” and “as available” basis without warranty of any kind either express or implied including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. The Company and Verifacto make no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure or error-free. The Company and Verifacto are not responsible for (a) the accuracy, timeliness or reliability of any invoice or statement generated through the Service or (b) the accuracy, timeliness or reliability of any payment made through the Service. Other than as required under applicable law, under no circumstance will the Company or Verifacto, or any of their respective agents, affiliates, officers, directors or employees, be liable for any loss or damage caused by your reliance on the Service or on information obtained through the Service or the Site, or by your reliance on any product or Service obtained from a linked site. The Company and Verifacto do not warrant that the Site is compatible with your equipment or that the Site is free of viruses, worms, bots or any other harmful, invasive or corrupted files.
6. LIMITATION OF LIABILITY
The information, software, products, Service, Site, content on the Site, and descriptions of services published on the Site or a linked site may include inaccuracies or typographical errors, and the Company and Verifacto specifically disclaim any liability for such inaccuracies or errors. The Company and Verifacto do not warrant or represent that the content on the Site is complete or up to date. The Company and Verifacto are under no obligation to update the Site, the Service or the content on the Site. Verifacto may change the Site, the Service and the content on the Site, and may make improvements or changes thereto, at any time without notice. You agree that the neither the Company nor Verifacto, or any of their respective agents, affiliates, officers, directors or employees, will be liable, whether in contract, tort, strict liability or otherwise, for any direct, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of, or in connection with, the use of the Site, the Service, the content on the Site or a linked site, or arising out of, or in connection with, the delay or inability to use the Site or a linked site, even if the Company or Verifacto, or any of their respective agents, affiliates, officers, directors or employees, were made aware of the possibility of such damages. This limitation on liability includes, without limitation, the transmission of any viruses that may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, data loss, operator errors, strikes or other labor problems, or any force majeure event. The Company and Verifacto cannot, and do not, guarantee continuous, uninterrupted or secure access to the Site, the Service or the content related thereto.
7. VIOLATIONS OF THESE TERMS OF SERVICE
The Company or Verifacto may, each in their respective sole discretions, immediately terminate Your use of the Site if it believes that You are violating or have violated these Terms of Service, or the terms and conditions of the other documents referenced herein. Any such termination will be without prejudice to any other rights that Verifacto may have against You arising from a violation of these Terms of Service or of the other documents referenced herein.
8. CUSTOMER OBLIGATIONS
8.1 When using the Service, You agree to: (1) provide accurate information at all times and promptly update any information provided, including Your profile or any other account information; (2) keep Your access credentials confidential and secure and to promptly notify the Company if they are compromised; and (3) promptly update any compromised credentials to new credentials and take other steps that You or Verifacto we may deem necessary to protect your account.
8.2 You are responsible for any inaccurate information You provide in connection with the Service and any actions taken under Your account credentials, regardless of whether such actions are taken by You or a third party. Access to and use of password-protected and/or secure areas of the Site and the Service is restricted to authorized users only. Verifacto is not liable for any loss or damage arising from any unauthorized use of Your account.
9. PRIVACY
9.1. Any information collected from or about You through Your use of the Site or Service is subject to the Verifacto Privacy Policy.
9.2. You give Verifacto a right to collect, use and share information collected from You to provide, manage, maintain and improve the Service and its business, process or service requested or authorized transactions, including, without limitation, insurance verification and monitoring, GPS vehicle tracking, payment reminders and/or payment processing, loan calculation, contract generation, communication processing such as letters, SMS, emails, accounting, call and voice processing, as applicable, and for any other purpose as contemplated by the Verifacto Privacy Policy.
9.3. You authorize Verifacto to transfer information to third parties such as insurers, reinsurers, insurance and reinsurance agents, brokers, intermediaries and other representatives in connection with insurance-related services and activities for the purpose of evaluating the need for insurance coverage, providing quotations for insurance products, obtaining insurance coverage, marketing insurance products, or other insurance related services. Any data leaks or security breach occurring as a result of, during, or after data sharing is not the liability of Verifacto.
10. GOVERNING LAW
The laws applicable to the use of the Site and the Service and the interpretation of these Terms of Service shall be the laws of the State of Georgia, United States, and applicable federal law, without regard to any conflict of law provisions.
11. JURISDICTION
All disputes will be brought only in a court located in the county of Fulton, Georgia, and to the fullest extent permitted under applicable law, You consent to the same as the exclusive jurisdiction for claims arising hereunder and waive any objection to venue of such courts. You also acknowledge and understand that, with respect to any dispute with Verifacto, its officers, directors, employees, or agents, arising out of or relating to Your use of the Site, the Service or these Terms of Service: (1) You are giving up your right to have a trial by jury; and (2) You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.
12. MISCELLANEOUS
You acknowledge that the Site is an online service. A printed version of these electronically presented Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that regardless of any statute or law to the contrary, any claim or cause of action You bring arising out of or related to Your use of the Site, the provision of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.