TERMS AND CONDITIONS OF USE (“Terms”)
FirstVoice, a dba of Verified First LLC (“Verified First”)
LAST UPDATED ON February, 2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS AND USE OF WWW.FIRSTVOICE.COM (the “Site”) CAREFULLY.
By using this Site with or without your personal login, you agree to be bound by these Terms. This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Verified First and meet all of the foregoing eligibility requirements. You acknowledge that you have agreed to the Terms of that govern your use of this Site and the information you access from it. Verified First, its subsidiaries, members, business affiliates and suppliers (“we” “us” or “our”) make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these Terms. We reserve the right to modify them at any time. You should check these Terms periodically for changes. By using this Site after we post any changes to these Terms you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms at any time, please do not use this Site.
2.Scope of Terms.
These Terms apply only to our Site and not to the websites of any other companies, organizations, or individuals including those to which our Site may link. We are not responsible for the availability of any other website to which our Site links. We do not take responsibility for the contents, advertising, products, or other materials made available through other any website nor do we endorse the websites. Under no circumstances will we be held responsible or liable, directly, or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use or reliance on any content, goods, or services available on any other website. Please direct your concerns to that website’s webmaster or appropriate contact.
4. Rights in Data.
You hereby authorize and consent to the collection, storage, and use by Verified First and its affiliates, partners and agents, of any information and data related to or derived from your use of the Site, the Services (as defined below), and any information or data that you provide to Verified First and its affiliates, partners and licensors (“Data”). As between Verified First and you, you exclusively own all rights, title and interest in and to all of your Data. Other data generated by your use of the Services or the Site will be owned by us.
You grant Verified First a non-exclusive, royalty-free, worldwide license to use your Data to improve the Services. Without limiting the generality of the foregoing, the Data includes, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, referrer site information, data and suggestions based on user actions.
5. Proprietary Rights and Restrictions on Use.
You acknowledge that the information available through this Site may include textual, statistical, financial, photographic, video, and audio components that are protected by United States Copyright Law. You acknowledge that this information is confidential and its use is restricted to your own internal business purposes, and no other commercial purpose. You shall not reproduce, redistribute, publish, retransmit, broadcast, sell, or license, or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell, or license any such information, except as agreed in writing between us. You agree to comply with any additional use restrictions which may be announced by Verified First at any time regarding specific information provided through this Site.
6. Intellectual Property Rights.
The content on the Site including without limitation, the text, software, metatags, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, trade dress and logos contained therein (“Marks”), are owned by or licensed to Verified First, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS and with all faults accepted for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Verified First reserves all rights not expressly granted in and to the Site and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
7. Restrictions on Use.
You may not modify, publish, copy, transmit, reproduce, license, create derivative works from, adapt, transfer, sell, or in any manner, commercially exploit any and/or all information and content obtained from this Site. This prohibition includes, but is not limited to, the practice of “screen scraping” which we consider theft of our proprietary information and those who deal with our data in this manner may be subject to prosecution. By using this Site you warrant to Verified First that you will not use this Site for any unlawful purpose or any prohibited use pursuant to these Terms. your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our DMCA Designated Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Verified First’s DMCA Designated Agent to receive notifications of claimed infringement can be reached at [email protected] See also https://dmca.copyright.gov/osp/. Verified First respects the rights of copyright owners and will disable access to the Site if a user or member is a repeat infringer of third-party copyrights.
9. Prohibited Uses.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Verified First, a Verified First employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Verified First or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.
10. SaaS Services, Security of Our Access IDs, and Penalties for Disclosure.
If you enter into a Software as a Service Agreement with Verified First (“SaaS Agreement”), you will be granted a unique numeric ID or similar unique ID (“Access ID”) that you may use to access the Software as a Service section of this Site (the “Services”). You must the Access ID as private, confidential, and personal and must safeguard and maintain its confidentiality. Use by any other person will be considered theft. You are liable for any consequences that may result from unauthorized disclosure of the Access ID, whether intentional, negligent, or inadvertent, including but not limited to immediate termination of this Agreement and liability for liquidated damages. Technological advances allow us to seed the data on this Site and to undertake user monitoring on a regular random basis such that violations of the security of our Access IDs will be detected.
We have the right to disable any Access ID if, in our opinion, you have violated any provision of these Terms.
11. Access Inactivation.
If your SaaS Agreement expires or is otherwise terminated or your access to the Services is suspended, your Access ID will also be suspended and you will not be able to access the Services.
12. Warranty Disclaimer.
ALTHOUGH Verified First WILL USE COMMERCIALLY REASONABLE EFFORTS TO STORE AND SECURE YOUR DATA, YOU MUST NOT RELY ON Verified First AS THE SOLE SOURCE OR REPOSITORY OF ANY SUCH INFORMATION. Verified First DISCLAIMS LIABILITY FOR YOUR FAILURE TO KEEP BACKUPS OF YOUR DATA.
YOU AGREE THAT YOUR USE OF THE Site and THE SERVICES is AT YOUR SOLE RISK. THE Site and THE SERVICES ARE PROVIDED AND LICENSED “AS-IS” AND WITH ALL FAULTS ACCEPTED. TO THE FULLEST EXTENT PERMITTED BY LAW, Verified First ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Site AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, AND NONINFRINGEMENT. Verified First MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Site’S or the SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS Site AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE Site or THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Site or THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR Site OR SERVERS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE that MAY BE TRANSMITTED TO OR THROUGH OUR Site BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Site. Verified First DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Site OR ANY HYPERLINKED Site OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Verified First WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. Limitation of Liability.
IN NO EVENT will Verified First, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE Site or the SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Verified First IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Site is controlled and offered by Verified First from its facilities in the United States of America. Verified First makes no representations that the Site is appropriate or available for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local privacy, consumer protection, and other laws, if and to the extent such local laws are applicable.
You agree to defend, indemnify, and hold harmless Verified First its parents, subsidiaries, affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site or the Services; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, patent, trademark, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Site or the Services.
15. Changes to the Site.
Verified First may make changes or improvements to the information, services, products, or other materials on this Site at any time without notice.
You shall maintain the source of the data contained in the Site as confidential information. You shall not disclose or provide access to the Services or other Access ID-protected section of this Site to any friends, affiliates, parent organization, subsidiaries, corporate partners, consultants, shareholders, agents, third parties, or any persons. You agree not to provide or otherwise make available any licensed program or material or access to the Site to any person without prior written consent from us. You acknowledge that the Site is proprietary to us, has been developed as a commercial trade secret at the expenditure of our time and money, and is furnished to you in trust. You agree that you will hold and use the Site in the same manner as you deal with your own proprietary information and trade secrets. You shall initiate strict security measures to prevent the accidental or otherwise unauthorized use or release of access to the Site, with particular respect to consumer information that is considered “sensitive”. Upon your violation of this paragraph, and without cause stated, we may exclude you from access to the Site and thereby terminate this agreement upon notification by us.
These Terms will be governed by laws of the State of Idaho without regard to principles of conflicts of laws. You agree to the jurisdiction of any state or federal court in Boise, Ada County, Idaho.
If any of these Terms are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.
This Agreement may be modified only by our posting of changes to these Terms. Any inquiries regarding these terms and conditions of use should be directed to [email protected].