Verii Market Terms & Conditions – User

Revised: December 12, 2016

The following describes the Terms and Conditions (“Terms”) that apply to all Verii Market services and any of its affiliated services (individually and collectively as “Verii”) between you and Verii. These services constitute a technology platform that enables individual persons (each individual person being a “User”) of Verii's mobile applications or websites provided as part of the services (each an "Application") to purchase goods and services from third party providers of such services, including independent third party providers under agreement with Verii or certain of Verii's affiliates ("Third Party Providers"). By using Verii, you agree to these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING VERII. In these Terms, the words "including" and "include" mean "including, but not limited to." Please keep a copy of these Terms for your records.


Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services.


License
Subject to your compliance with these Terms, Verii grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to: (i) access and use Verii on your personal device(s) solely in connection with your use at participating Verii locations; and (ii) access and use of any content, information and related materials that may be made available through Verii, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Verii and Verii's licensors.


Ownership
Neither these Terms nor your use of Verii convey or grant to you any rights: (i) in or related to Verii except for the limited license granted above; or (ii) to use or reference in any manner Verii's company name, logos, product and service names, trademarks or services marks or those of Verii's licensor.


Network Access and Devices
You are responsible for obtaining the data network access necessary to use Verii. Your mobile network's data and messaging rates and fees may apply if you access or use an Application from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use Verii. Verii does not guarantee that Verii, or any portion of Verii, will function on any particular hardware or device. Verii may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.


About Your Account
In order to use most aspects of Verii, you must register for and maintain an active MyVerii account. You must be at least 18 years of age to obtain an account. Account registration requires you to submit to Verii certain personal information, such as your name, address, and mobile phone number, as well as at least one valid credit or debit card, or link a PayPal, Android Pay or Apple Pay account. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired credit card on file, may result in your inability to access and use Verii or Verii's termination of these Terms with you. You agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by Verii in writing, you may only possess one MyVerii account. You may not authorize third parties to use your account, and you may not allow persons under the age of 18 to use your account unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity.


Your MyVerii account allows you to load a dollar value onto the Verii Mobile App for future purchases at participating locations that accept MyVerii accounts as payment. The dollar value that you load onto your MyVerii account is a prepayment only for the goods and services of participating Verii locations. No credit card, debit card, credit line, overdraft protection or deposit account is associated with Verii. Unless otherwise required by law or permitted by these Terms, any amount loaded to your MyVerii account is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds loaded to the Verii Mobile App will accrue or be paid or credited to you by Verii. The value associated with your MyVerii account is not insured by the Federal Deposit Insurance Corporation (FDIC).


The Verii Mobile App is designated to work at your home Verii Market location, identified by an invitation to create a MyVerii account from your home location. We reserve the right not to accept any Verii Mobile App payment or otherwise limit use of a Verii Mobile App account if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.


Unless otherwise agreed by Verii in a separate written agreement with you, your myVerii account is made available solely for your personal, noncommercial use.


Loading Value to Your Account
In the United States, you can load a dollar value to the Verii Mobile App by using a credit card, debit card, PayPal, Android Pay and Apple Pay by going online to MyVerii.com or adding the payment methods in the Verii Mobile App. You may not load more than $100 worth of value to your myVerii account. The minimum amount that must be loaded onto your MyVerii account is $5. Verii may change the maximum and minimum amounts at any time by notifying you at MyVerii.com, via email to the address noted in your account, or via SMS, and such change shall not constitute an amendment to these Terms. All amounts loaded onto your MyVerii account are held and denominated in U.S. dollars. To make reloading your MyVerii account easy, you can add funds to your MyVerii account via MyVerii.com or the Verii Mobile App.


Fees and Expiration of Card Balances
Verii does not charge any fees for the issuance, activation, or use of your MyVerii account. Your MyVerii account balance has no expiration date.


Receipts and Statements
Account holders are not sent statements of itemized transactions from a MyVerii account. You can check the balance of your MyVerii account or review recent transactions by logging into your MyVerii account at MyVerii.com or on the Verii Mobile App.


Text Messaging
If you opt to receive SMS receipts, based on your preferences in your MyVerii account (available at MyVerii.com or in the Verii Mobile App), you agree that Verii may send you informational text (SMS) messages as part of the normal business operation of your use of Verii Market services. Standard text message rates may apply. You may opt-out of receiving text (SMS) messages from Verii at any time by updating your preferences online in MyVerii account (MyVerii.com) or in the Verii Mobile App. You acknowledge that opting out of receiving text (SMS) messages may impact your use of Verii Market services.


Billing Errors, Corrections
We reserve the right to correct the balance of your MyVerii account if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your MyVerii account, please call Verii Helpful at 1-844-VERII-ME (1-844-837-4463) or support@verii.com. We will conduct an investigation and communicate the results and correct any errors. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.


Liability for Unauthorized Transactions
Because your MyVerii account is used like cash for purchases from Verii, you are responsible for all transactions associated with your MyVerii account, including unauthorized transactions. However, if your mobile device is lost, stolen or destroyed, your MyVerii account can be disabled with the balance remaining on it at the time of your call. Your MyVerii account balance is only protected from the point in time you notify us that your mobile device is missing. We will disable the remaining balance on your MyVerii account at the time you notify us and will hold that remaining balance until you reactivate the Verii Mobile App.


Privacy Statement
For information concerning how we collect, use and disclose information concerning Users and how to select privacy preferences regarding certain promotional communications, you should refer to our Privacy Policy located at https://verii.com/userprivacy.


Submission of Ideas
Separate and apart from any content contributions such as blogs, wikis, discussion forums, posts, chats, or other forms of media created by you (“User Content”) which you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Verii and our services (collectively, "Ideas"). Ideas provided to Verii by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Verii shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.


Third Party Content
Verii may provide third party content via the Applications, including links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse, or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Verii is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content at your own risk.


Advertisements and Promotions
Verii may display advertisements and promotions from third parties via the Applications or may otherwise provide information about or links to third-party products on MyVerii.com or in the Verii Mobile App. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. Verii is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Verii advertisers or third party information on the Applications.


Copyright and Restrictions
Unless otherwise indicated, the Applications and all content and other materials therein, including, without limitation, the Verii logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Application Materials") are the proprietary property of Verii or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the MyVerii.com site for account management purposes only.


You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of MyVerii; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit MyVerii except as expressly permitted by Verii; (iii) decompile, reverse engineer or disassemble MyVerii except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of MyVerii; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of MyVerii or unduly burdening or hindering the operation and/or functionality of any aspect of MyVerii; or (vi) attempt to gain unauthorized access to or impair any aspect of MyVerii or its related systems or networks.


Any use of MyVerii.com or Application Materials other than as specifically authorized in these Terms, without the prior written permission of Verii, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.


Trademark Information
Verii and the Verii logo are registered trademarks of Verii. All other Verii trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Applications are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Verii or its affiliates or licensors. In countries where any of the Verii trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, Verii claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Verii or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. All rights not expressly granted are reserved.


Changes to These Terms
CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THESE TERMS. VERII MAY MAKE CHANGES TO THE APPLICATIONS AT ANY TIME AND AT ITS SOLE DISCRETION. The most current version of these Terms can be reviewed by clicking on https://verii.com/userterms. All updates, enhancements and new features are immediately subject to these Terms. Your continued use of the Application constitutes your continued acceptance to all such Terms, notices and conditions as modified.


Indemnity
You agree to indemnify, defend, and hold harmless Verii, its employees, directors, shareholders, or officers from and against any loss, liability, damage, penalty or expense (including reasonable attorneys' fees and court costs) which may be claimed by a third party as a result of: (i) your use of Verii; (ii) any breach or non-compliance by you of these Terms; (iii) your violation of any representation, warranty or agreements referenced herein; (iv) any dispute or litigation caused by your actions or omissions; (v) your negligence or violation of any applicable law or rights of a third party; (vi) your violation of any third-party intellectual property right, publicity, confidentiality, property or privacy right; or (vii) any disputes or issues between you and any third party, including Third Party Providers.


Arbitration Rights
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.



Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to these Terms or your use of Verii (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration except that (i) you may take claims to small claims court if they qualify for hearing by such a court, or (ii) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.


Arbitration Procedures
You must first present any claim or dispute to us by contacting our [customer service] department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Troy, Michigan and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable User protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.


Waiver of Punitive Damage Claims and Class Actions
Both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.


Governing Law – Michigan
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan notwithstanding any conflict of law rules.


Disclaimers and Limits of Liability
Unless otherwise prohibited by law, Verii's total, aggregate liability under these Terms shall in no circumstance exceed $100.


EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL VERII BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL OR SPECIAL DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF WORK PRODUCT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, DIRECT OR INDIRECT, RESULTING FROM THE USE OF THE VERII SERVICES THE APPLICATION OR OTHERWISE, EVEN IF VERII HAS BEEN ADVISED OF THAT POSSIBILITY. VERII IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, INCLUDING WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT.


EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


Claims of Copyright Infringement
You may not use the Application to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.

Verii, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Verii accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Verii has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Verii in a written complaint that complies with the requirements below and is delivered to Verii’ designated agent to receive notification of claimed infringement:

By mail: 1743 Maplelawn, Troy, MI, 48084

By phone: 1-844-VERII-ME (1-844-837-4463)

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of (a) the owner of an exclusive right that is allegedly infringed or (b) the person defamed
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Verii to locate the material.

4. Information reasonably sufficient to permit Verii to contact you, such as your address, telephone number, and/or electronic mail address.

5. 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 or other proprietary right owner, its agent, or the law.

6. 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 or on behalf of the person defamed.


Assignment
We may suspend or terminate these Terms and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Account termination may result from fraudulent or unauthorized use of Verii Market services. If we terminate these Terms with or without cause, the balance held in your MyVerii account will be forfeited.



Cancellation of These Terms
We may suspend or terminate these Terms and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Account termination may result from fraudulent or unauthorized use of Verii Market services. If we terminate these Terms with or without cause, the balance held in your MyVerii account will be forfeited.

Entire Agreement, Construction
These Terms are the complete and exclusive statement of agreement between you and Verii, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of these Terms shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of these Terms.


Inquiries or Questions
If you have any questions regarding these Terms, Verii, or your MyVerii account, please visit our web site at www.verii.com, MyVerii.com, the Verii Mobile App or call us at 1-844-VERII-ME (1-844-837-4463) or support@verii.com.

 

 

 

 



844-VERII-ME | info@verii.com | Support