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Membership Agreement

This BeenVerified™ Member Agreement ("Member Agreement"), the BeenVerified™ Website Terms and Conditions ("Terms and Conditions"), the BeenVerified™ Website Privacy Policy ("Privacy Policy"), together with all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference, shall constitute the entire agreement ("Agreement") between the www.BeenVerified.com website ("Site"), an Internet property of BeenVerified, Inc ("BeenVerified™," "we" or "us"), and you governing your participation on the Site when you register as a Member ("Member"). As a Member, you may utilize a host of services made available to Members through the Site ("Member Services").

This BeenVerified™ Member Agreement ("Member Agreement"), the BeenVerified™ Website Terms and Conditions ("Terms and Conditions"), the BeenVerified™ Website Privacy Policy ("Privacy Policy"), together with all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference, shall constitute the entire agreement ("Agreement") between the www.BeenVerified.com website ("Site"), an Internet property of BeenVerified, Inc ("BeenVerified™," "we" or "us"), and you governing your participation on the Site when you register as a Member ("Member"). As a Member, you may utilize a host of services made available to Members through the Site ("Member Services").

BeenVerified™ is a database of publicly available sources of information aggregated for your convenience. The BeenVerified™ Checks (as defined below) that can be conducted by and through the Site are provided for informational purposes only, and contain ratings and other accreditations provided by third party entities that offer such products and/or services. While we are constantly updating and refining our database and service, we do not represent or warrant that the results provided will be 100% accurate and up to date and, as such, BeenVerified™ shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site including, without limitation, the BeenVerified™ Checks. BeenVerified™ does not provide private investigator services and information obtained from BeenVerified™ including, without limitation, the BeenVerified™ Checks, should not be used for employment, tenant screening or any FCRA related purposes. BeenVerified™ does not make any representation or warranty as to the character or the integrity of the person, business or entity that is the subject of any BeenVerified™ Checks.

Key Restrictions. Member may not use any information obtained from BeenVerified™ including, without limitation, the BeenVerified™ Checks, in connection with determining a prospective candidate's suitability for:

  • Health insurance or any other insurance
  • Credit and/or loans
  • Employment
  • Education, scholarships or fellowships
  • Housing or other accommodations
  • Benefits, privileges or services provided by any business establishment

By submitting your online application to become a Member (the "Application"), you are confirming that you: (a) have fully read the Agreement in its entirety; (b) understand all of the terms and conditions of the Agreement; and (c) agree to be fully bound by the Agreement.

BeenVerified™ may amend the Agreement from time to time in its sole discretion, without specific notice to you; provided, however, that: (i) any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (ii) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and BeenVerified™ may, in its sole discretion, send you an e-mail notification of any such changes. You should review the Agreement prior to using the Site and/or Member Services. By your continued use of the Site and/or Member Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).

BEENVERIFIED™ IS NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.

1. Enrollment as a Member. To begin the enrollment process, you must submit a complete and accurate Application. To join the Site as a Member, you must be an entity or an individual of at least eighteen (18) years of age, with the requisite equipment and Internet connection to access the Member Services and Site. BeenVerified™ will evaluate your Application and notify you of your Application acceptance or rejection. If any of the information supplied as part of your Application changes, at any time, you must immediately inform BeenVerified™ of same to reflect such changes in your Member profile. BeenVerified™ may reject your Application and/or terminate your participation as a Member at any time and for any reason, in BeenVerified’s™ sole discretion.

2. Members/BeenVerified™ Checks/Restrictions

1. The Member Services will enable you, for a fee, to obtain background checks (“BeenVerified™ Checks”) on third parties (each, a “Search Subject”) via the BeenVerified™ system, through the aggregation of with the assistance of its Third-Party Provider information.

2. BeenVerified™ reserves the right to: (a) prohibit any conduct by Members; and/or (b) cancel any Member Accounts (“Account”) as BeenVerified™ determines, in its sole and absolute discretion Notwithstanding the foregoing, BeenVerified™ undertakes no responsibility to monitor or otherwise police the use of the BeenVerified™ Checks, as well as the associated information made available by Members during the application process. You agree that BeenVerified™ shall have no obligation and incur no liability to any party in connection with any such BeenVerified™ Checks. BeenVerified™ does not represent or warrant that the BeenVerified™ Checks are accurate, complete or appropriate. You understand and agree that BeenVerified™ is not responsible or liable in any manner whatsoever for your inability to use the Member Services and/or BeenVerified™ Checks, or for any dispute between Members, Search Subjects and other third parties. You understand and agree that BeenVerified™ shall not be liable to you, any Search Subjects or any third party for any claim in connection with your use of the Member Services and/or BeenVerified™ Checks including, without limitation, any alleged violations of the FCRA.

3. The information provided by BeenVerified™ in connection with the Member Services and/or BeenVerified™ Checks has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. According to applicable law, you are not permitted to use any of this information as a factor in: (a) establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations; (b) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); or (c) any other personal business transaction with another individual (including, but not limited to, leasing an apartment).

4. In the event that BeenVerified™ suspects that the Member Services and/or BeenVerified™ Checks has/have been misused, we will contact our Third-Party Providers and/or law enforcement agencies (as appropriate) and will provide them with any and all data deemed necessary to conduct an investigation. Member hereby consents to the provision of his/her/its information (including search key data) for such investigative purposes. Member further agrees to fully cooperate with any and all audits of our customers and our systems generally.

5. As a Member, you represent and warrant that, at all times, you will use the Member Services and BeenVerified™ Checks only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations. Without limiting the generality of the foregoing, as a Member you are not permitted to use the Member Services and/or BeenVerified™ Checks: (a) in a manner that may cause emotional or physical harm to anyone, or to “stalk” or otherwise harass another person; (b) to seek information about or harm minors in any way; or (c) to seek information about celebrities or public figures.

6. Member is expressly prohibited from reselling, renting, leasing or distributing in any way the BeenVerified™ Checks to any third party. Member must treat the BeenVerified™ Checks as confidential information, and take all reasonable steps to ensure that the BeenVerified™ Checks are stored in a secure manner.

3. Proprietary Rights 1. Member grants to BeenVerified™ a royalty free, worldwide license (“Member License”) to use the information associated with the Search Subjects, and any other information made available by and through the Member Services or otherwise on the Site by Member, for the purpose of performing the Member Services. The Member License shall last for as long as that Member’s Account remains active. 2. BeenVerified™ grants to Member a limited, revocable, non-transferable license to use the Member Services and BeenVerified™ Checks only as contemplated by the Agreement (“BeenVerified™ License”). Member may only use the BeenVerified™ Checks for his/her/its own personal use, and may not share the contents thereof with any other party under any circumstances. 3. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Member Services including, without limitation, the BeenVerified™ Checks, are protected under applicable copyright, trademark and other proprietary (including, without limitation, intellectual property) rights. The use, copying, redistribution and/or publication by Member of any part of the Member Services including, without limitation, the BeenVerified™ Checks, other than as contemplated hereunder, is strictly prohibited. Systematic retrieval of material from the Member Services including, without limitation, the BeenVerified™ Checks, by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BeenVerified™ is prohibited. 4. Member agrees that its use of the Member Services and/or BeenVerified™ Checks is subject to the BeenVerified™ License granted hereunder. 5. Member does not acquire any ownership rights to the Member Services including, without limitation, the BeenVerified™ Checks. The availability of the Member Services, as well as the BeenVerified™ License, does not constitute a waiver of any rights related thereto.

4. Term and Termination 1. BeenVerified™ may, in its sole discretion, terminate the Agreement at any time, with or without cause. Member may, in its sole discretion, terminate the Agreement upon forty-eight (48) business hours’ prior written notice to BeenVerified™. 2. Upon any expiration, termination or suspension of the Agreement and/or Member’s participation in the Member Services: 1. The BeenVerified™ License and any and all other licenses and rights granted to Member in connection with the Agreement shall immediately cease and terminate; 2. Any and all confidential or proprietary information of BeenVerified™ that is in Member’s possession or control must be immediately returned or destroyed. If requested, Member will certify in a writing signed by Member, or an authorized officer of Member, that all such confidential and/or proprietary information has been returned or destroyed; and 3. Member shall remit payment on any and all Monthly Fees then due and owing to BeenVerified™ within five (5) days of any such expiration or termination. 3. Obligations that, by their nature, would survive any termination or expiration of the Agreement shall survive any termination or expiration of the Agreement.

5. Fees/Cancellation 1. In consideration for Member’s use of the Member Services, and the associated BeenVerified™ License, Member agrees to pay the Fees described in this Section 5. Where you opt for the monthly billing option (“Monthly Billing”), upon submitting your Application, your initial seven (7) day trial offer (“Trial Membership”) shall begin, and you will be automatically enrolled in our Member Services program. If you do not cancel your Trial Membership during the applicable seven (7) day period, the credit card or debit card that you provided during registration or updated at a later date (“Active Credit Card”) will be charged the cost of the recurring plan that was indicated on the order page at the time of enrollment for your ongoing Membership (“Monthly Fees”). In addition, Member’s may make a one (1) time purchase of a BeenVerified™ Check and not enroll in the Monthly Billing option (“One Time Purchase”). Where you opt to make a One Time Purchase, your Active Credit Card will be charged the cost indicated on the order page at the time of enrollment ordered your report (“One Time Fees” and together with the Monthly Fees, the “Fees”). 2. Please be advised that where you opt for the monthly billing option when your Trial Membership begins, we will charge your Active Credit Card the amount of the first month’s Monthly Fees price based upon the dollar amount of the recurring plan indicated on the order page at the time that you signed up. Thereafter, if you cancel your Membership during the Trial Membership period, this amount will be refunded in full. If you do not cancel your Trial Membership, this amount will be applied to your first installment of Monthly Fees. 3. Your Active Credit Card will be charged for all Fees in accordance with our applicable schedules and rates. For so long as your Membership remains active, the Monthly Fees will accrue on the monthly anniversary date of your sign-up, and such Monthly Fees will be charged in advance. You acknowledge and agree that BeenVerified™ will not obtain additional authorization from you for each installment of Monthly Fees charged to your Active Credit Card. Every time that you use billable Member Services, you re-affirm that BeenVerified™ is authorized to charge your Active Credit Card. 4. The Fees will appear on your Active Credit Card bill under the identifier “BeenVerified, Inc.” You shall be responsible for paying any and all applicable sales tax (if any) due to any and all taxing authorities arising from, or in connection with, your use of the Member Services. All Fees are payable in United States currency. 5. Failure to use the Member Services does not constitute a basis for refusing to pay any of the associated Fees. You agree to be bound by the pricing and billing practices of BeenVerified™ in effect at any given time. Upon prior written notice to you (with e-mail sufficing), BeenVerified™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. Continued use of the Member Services after receipt of such notice shall constitute consent to any and all such changes. If you do not agree with these changes, you may cancel your Account at any time, but you will remain responsible for timely payment of any and all Fees that you have already incurred (including any applicable late fees). 6. You may cancel your Account at any time. Where you have opted for the Monthly Billing option, and if you decide to cancel your Account prior to the expiration of the seven (7) day Trial Membership period, you will not be charged any Monthly Fees. The following conditions apply to any cancellation: (a) you shall not receive any pro-rata refund for partial months; and (b) other than for cancellation during the Trial Membership period in connection with the Monthly Billing option, we will not refund any amounts previously paid up to the date of cancellation or termination (as well as any partial month(s)) and you remain liable for any and all unpaid charges billed by BeenVerified™. Please have your e-mail address and other Registration Data available for efficient processing of your cancellation order. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with BeenVerified™. 7. Where Member fails to make any scheduled payment for accrued Fees, such overdue amounts may be subject to interest charges in the amount of the lesser of one and one half percent (1.5%) per month, compounded monthly, or the maximum amount permitted by law. Member’s Account may be deactivated, and access to the Site denied, for non-payment. 8. BeenVerified’s™ authorization to provide and bill its services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. BeenVerified’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

6. Representations and Warranties Member hereby represents and warrants to BeenVerified™ as follows: 1. The Agreement has been duly and validly executed and delivered by Member and constitutes Member’s legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; 2. Member understands and agrees that Member has independently evaluated the desirability of obtaining the Member Services and that Member has not relied on any representation and/or warranty other than those set forth in the Agreement; 3. Member’s performance under the Agreement, use of the BeenVerified™ Checks, the information on the Search Subjects provided by Member and any and all other information made available by Member by and through the Member Services and Site, whether publicly posted or privately transmitted, will not: (a) invade the right of privacy or publicity of any third person; (b) involve any libelous, obscene, indecent or otherwise unlawful material; (c) violate any applicable foreign, federal, state or local laws, statutes, rules, regulations or judicial decrees including, without limitation, the FCRA; or (d) infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; 4. Member is authorized to provide all information that it submits to BeenVerified™ concerning the Search Subjects; and 5. Member will be solely responsible for any and all information concerning the Search Subjects made available by Member by and through the Member Services and Site.

7. Indemnification. Member agrees to indemnify, defend and hold BeenVerified™, its parents, affiliates and/or subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from, or related to: 1. Member’s use of the Member Services, BeenVerified™ Checks, Site or otherwise, in any manner whatsoever; 2. Any third party claim related to Member’s use of the BeenVerified™ Checks; 3. Member’s breach of the Agreement and/or any representation or warranty contained herein; 4. Any claim by any Search Subject, whatsoever; and/or 5. Any claim that BeenVerified™ is obligated to pay any taxes in connection with Member’s use of the Member Services, Site or otherwise.

8. Disclaimers/Limitation of Liability. THE MEMBER SERVICES, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE BEENVERIFIED™ CHECKS, SITE AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BEENVERIFIED™ MAKES NO WARRANTY THAT THE MEMBER SERVICES, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE BEENVERIFIED™ CHECKS, SITE AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (e) WILL BE ACCURATE OR RELIABLE. THE MEMBER SERVICES, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE BEENVERIFIED™ CHECKS, SITE AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BEENVERIFIED™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEENVERIFIED™, ANY MEMBERS, THIRD PARTY PROVIDERS, SEARCH SUBJECTS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEENVERIFIED™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEENVERIFIED™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (i) THE USE OR THE INABILITY TO USE THE MEMBER SERVICES, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE BEENVERIFIED™ CHECKS, SITE AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (iii) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR THE BEENVERIFIED™ CHECKS; AND (iv) ANY OTHER MATTER RELATING TO THE MEMBER SERVICES, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE BEENVERIFIED™ CHECKS, SITE AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BEENVERIFIED™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BEENVERIFIED™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE MEMBER SERVICES, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE BEENVERIFIED™ CHECKS, SITE AND/OR ANY OTHER BEENVERIFIED™ PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR BEENVERIFIED™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BEENVERIFIED™. ACCESS TO THE MEMBER SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions BeenVerified’s™ liability shall be limited to the maximum extent permitted by law.

9. Force Majeure 1. Other than for payment obligations, neither party will be liable, or be considered to be in breach of the Agreement, on account of either party’s delay or failure to perform as required under the terms of the Agreement as a result of any causes or conditions that are beyond either party’s reasonable control and such party is unable to overcome through the exercise of commercially reasonable diligence (a “Force Majeure Event”). 2. If any such Force Majeure Event occurs including, without limitation, acts of God, fires, explosions, telecommunications, Internet or network failure, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.

10. Miscellaneous

  1. 1. Member agrees that any unauthorized and/or unlawful use of the Member Services and/or BeenVerified™ Checks would result in irreparable injury to BeenVerified™ for which monetary damages would be inadequate. In such event, BeenVerified™ shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief against Member without the need to post a bond. Nothing contained in the Agreement shall be construed to limit any legal or equitable remedies available to BeenVerified™.
  2. 2. The Agreement shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against BeenVerified™ and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that BeenVerified™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
  3. 3. The Agreement will be binding on, inure to the benefit of, and be enforceable against, the parties and BeenVerified’s™ successors and assigns. Member is not permitted to transfer any rights and/or obligations pursuant to the Agreement without the express written consent of BeenVerified™. Any attempt to do so will result in the immediate termination of the Agreement.
  4. 4. To the extent that anything in or associated with the Site, Member Services, Terms and Conditions, Privacy Policy or any other applicable BeenVerified™ operating rules, policies and other supplemental terms and conditions or documents, is in conflict or inconsistent with this Member Agreement, this Member Agreement shall take precedence.
  5. 5. Nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between BeenVerified™ and Member, or any other party. Member has no authority to make or accept any offers or representations on behalf of BeenVerified™.
  6. 6. BeenVerified™ may provide notices to Member by posting notices or links to notices on the Site. Notices to Member may also be made, in BeenVerified’s™ discretion, via e-mail, regular mail, overnight courier or facsimile at Member’s contact addresses of record as set forth by Member on the Application. If Member wishes to provide notice to BeenVerified™, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: 307 5th Avenue, New York, NY 10016. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by authorized BeenVerified™ personnel.
  7. 7. Member acknowledges and agrees that by clicking on the submit button, or such similar links as may be designated by BeenVerified™ as a means of accepting the Agreement, Member is submitting a legally binding electronic signature and is entering into a legally binding contract. Member acknowledges that Member’s electronic submissions constitute Member’s agreement and intent to be bound by the Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, MEMBER HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY BeenVerified™. Further, Member hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.