API Terms

API Terms of Use

This document sets forth the terms on which BeenVerified.com makes the BeenVerified API (as defined below) available for use by approved licensees on other Web sites. By using the BeenVerified API, you and the organization identified in your application for the BeenVerified API ("you") agree to be bound by the following terms of use ("API Terms of Use").

The following terms apply to both the BeenVerified Member API and any other APIs BeenVerified releases to the extent you are approved for one, the other, or both versions of the BeenVerified API.

1. BeenVerified API

The BeenVerified API is BeenVerified.com's service that allows pre-approved licensees to retrieve certain data regarding members of BeenVerified ("BeenVerified Member Data"). The BeenVerified API consists of multiple application program interfaces for retrieving various BeenVerified Member Data, grouped generally into calls to retrieve member data (the "BeenVerified API"). The BeenVerified API is further defined in the API home page, developer home page and BeenVerified API Branding Requirements. BeenVerified.com may release subsequent versions of the BeenVerified API and require you to obtain and use the most recent version. New versions may not be compatible with your previous implementation. BeenVerified.com will identify releases at http://www.beenverified.com/developer.

2. License to BeenVerified API & Data

If you are approved by BeenVerified.com for use of the BeenVerified API, and subject to these Terms of Use, you may access the BeenVerified API, implement the BeenVerified API on your Web site(s), and distribute BeenVerified Member Data to consumers for their personal use without charge on your Web site(s), all in accordance with the BeenVerified API Network Branding Requirements. This non exclusive, revocable license is subject to the following restrictions:

All calls to the BeenVerified API must reference the unique application token issued to you as an approved licensee.
You agree that you will provide the BeenVerified Member Data to users on "as is" terms, with disclaimers substantially equivalent to those set forth in Sections 7 and 8.
You agree to keep the unique application token confidential, and not to share it with any third party. This license is personal to you, and any affiliates must seek and obtain their own license and unique application token.
You may present the BeenVerified Member Data only on a transactional basis.
You will not permit your users to access the BeenVerified Member Data in bulk.
You may not retain any copies of the BeenVerified Member Data. This includes any and all storing or caching of BeenVerified Member Data for any reason. Your license to BeenVerified Member Data is limited to making direct server calls to BeenVerified.com for the BeenVerified Member Data and to distributing the BeenVerified Member Data to your end user on your Web site(s), immediately upon receipt by your servers.
You must make a unique request for BeenVerified Member Data each and every time you wish to present and use BeenVerified Member Data.

You may not present the BeenVerified Member Data (or permit the BeenVerified Member Data to be presented) so that it appears to be available from a third party Web site.
You may not use the BeenVerified Member Data for direct marketing (i.e., mailing) or telemarketing lists without express written permissions from a BeenVerified C-Level Executive.
You may only separate BeenVerified Member Data when referencing and following the BeenVerified Branding Requirements in each instance.
You may not use the BeenVerified Member Data to provide a service for other businesses without obtaining our express written permission from a BeenVerified C-Level Executive prior thereto.
You may not use the BeenVerified Member Data as a competitor or for use in a similar service.
You may not charge or up sell for use of the BeenVerified service and access to the BeenVerified Member API Data without BeenVerified’s express written permission from a BeenVerified C-Level Executive..
You must use commercially reasonable efforts to prevent the BeenVerified Member Data from being downloaded in bulk or otherwise scraped. Such efforts include "spider traps," "C.A.P.T.C.H.A.," velocity checks, source IP analysis, or other methods that are as effective.
You may present data on no more than 20 individual members at a time to any given user (e.g., per Web page).
You may not separately extract and provide or otherwise use data elements from the BeenVerified Member Data to enhance the data files of third parties.
You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the BeenVerified API or any data provided by BeenVerified.com.
You are limited to two thousand (2000) calls to the BeenVerified Member API per day. BeenVerified.com may approve higher daily call limits if you adhere to these API Terms of Use and pass a BeenVerified audit and review.
In order to present BeenVerified Member Data, the BeenVerified Member must grant permission through the specified authentication process outlined in the API guide. BeenVerified Members can only approve the release of their information on the BeenVerified servers and through the specified authentication process.
You may not ask for or request BeenVerified Member username or password information.
You may not use BeenVerified username or password information to login to BeenVerified servers through a spider, bot, manual, or any method of accessing BeenVerified Member Data.
You may not use the BeenVerified APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
You may not use the BeenVerified APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the BeenVerified TOS or these Terms of Use
If you become aware that any user of your implementation is in material breach of these API Terms of Use, any provisions you are required to offer under these API Terms of Use, or the terms of BeenVerified.com Terms of Use linked pursuant to Section 3 and the BeenVerified API Network Branding Requirements (the "Applicable Terms"), then you agree to notify BeenVerified.com promptly of such breach by e-mail to API@BeenVerified.com , and to take prompt commercially reasonable corrective action at your sole cost and expense to remedy such breach. In addition, upon request of BeenVerified.com, you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to BeenVerified.com or its licensors, or (b) assign any of your applicable rights to permit BeenVerified.com or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms of Use or your use of the BeenVerified API.

3. License to BeenVerified Brand & Links.

You agree, and BeenVerified.com grants you a non exclusive, revocable license, to implement the BeenVerified name, logo(s), and links to BeenVerified.com (the "BeenVerified Brand & Links") on any Web page incorporating the BeenVerified API and/or BeenVerified Member Data, in accordance with the BeenVerified API Branding Requirements.

4. Acceptable Use.

You agree not to use the BeenVerified API, BeenVerified Member Data, or BeenVerified Brand & Links in any way that is unlawful, or harms BeenVerified.com, its service providers, its suppliers, your end users, or any other person. Further, pursuant to Section 10 below, BeenVerified.com may terminate your use of the BeenVerified API, BeenVerified Member Data and BeenVerified Brand & Links if and when BeenVerified.com determines that your use is inappropriate, or is put on notice thereof.

5. Severability

If any clause or provision set forth in this API statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

6. Limited Relationship.

You and BeenVerified.com are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the BeenVerified API, you agree to not make any other public statements that assert or imply any other relationship with BeenVerified.com, unless you have BeenVerified.com's prior written approval.

7. Indemnity.

You agree to hold harmless, defend, and indemnify BeenVerified.com, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any and all claims arising from or in any way related to your or your users' use of the BeenVerified API or BeenVerified Member Data, use of BeenVerified Brand & Links other than as set forth in the BeenVerified API Network Branding Requirements, violation of these API Terms of Use or other actions connected with use of BeenVerified.com services, including any liability or expense arising from all claims, losses, damages (actual, special, incidental, and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BeenVerified.com will provide you with written notice of such claim, suit or action.

8. NO WARRANTY.

BEENVERIFIED.COM PROVIDES THE BEENVERIFIED API, BEENVERIFIED MEMBER DATA, AND BEENVERIFIED BRAND & LINKS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEENVERIFIED.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. BEENVERIFIED.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

9. LIABILITY LIMITATION; EXCLUSIVE REMEDY.

IN NO EVENT WILL BEENVERIFIED.COM OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE OF BEENVERIFIED API, BEENVERIFIED MEMBER DATA, OR BEENVERIFIED BRAND & LINKS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST BEENVERIFIED.COM OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BEENVERIFIED API, BEENVERIFIED MEMBER DATA, AND BEENVERIFIED BRAND & LINKS.

10. Intellectual Property.

The BeenVerified API, BeenVerified Member Data, and BeenVerified Brand & Links are the property of BeenVerified.com, and subject to the intellectual property rights of BeenVerified.com and its licensors. (c) 2008 BeenVerified.com. All rights reserved.

11. Changes to this Agreement

BeenVerified.com reserves the right to change the API Terms of Use, and you are responsible for regularly reviewing these API Terms of Use. Your continued use of the BeenVerified API and/or BeenVerified Member Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. BeenVerified.com may suspend or discontinue the Services at any time to you and/or to others, without notice.

12. Termination.

BeenVerified.com may amend, suspend or discontinue the BeenVerified API and suspend or terminate your use of the BeenVerified API, BeenVerified Member Data, and/or BeenVerified Brand & Links at any time for any reason, without notice. You may also terminate by ceasing to use the BeenVerified API, BeenVerified Member Data, and BeenVerified Brand & Links, removing implementation of the BeenVerified API from your Web site(s), and deleting all copies of the BeenVerified Member Data and BeenVerified Brand & Links.

13. Governing Law and Jurisdiction.

These API Terms of Use are governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree to submit to personal jurisdiction and venue in the state and federal courts sitting in New York, New York, for any and all disputes, claims and actions arising from or in connection with the Services and/or these API Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and expenses.

14. General.

You represent that you have the authority to bind the organization (if any) identified in your application for the BeenVerified API. You agree not to export from anywhere any part of the BeenVerified API, BeenVerified Member Data, or BeenVerified Brand & Links provided to you or any direct product thereof except in compliance with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the BeenVerified API, BeenVerified Member Data, or BeenVerified Brand & Links are provided with the commercial license rights described herein. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. BeenVerified.com may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your unique application token to any third party. BeenVerified.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and BeenVerified.com with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and BeenVerified.com with respect to the BeenVerified API, BeenVerified Member Data, or BeenVerified Brand & Links.