From time to time we may make available certain Services to which additional terms may apply. Additional terms will be available within those Services, and those terms will become part of your agreement with us if you choose to access or use those Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND VERBIFY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND THAT YOU AND VERBIFY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Who Can Use the Services
By using the Services you agree and acknowledge that:
Rights You Have in the Services
If you download or use our software, such as our mobile application, you agree that the software may occasionally download and install upgrades, updates, and additional features from us to improve, enhance, and further develop the Services. You may not copy, modify, distribute, rent, sell, lease, transfer, or assign any part of the Services. You may not reverse engineer or attempt to extract the source code of software underlying the Services unless applicable laws prohibit these restrictions or where you have our written consent.
Rights You Grant Us
The Services may allow you to upload, submit, store, send, or receive content. You give and represent that you have the right to give Verbify, our affiliates and subsidiaries, business partners, and service providers, a perpetual, royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works of, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the purpose of promoting and improving the Services, to develop new Services, and as otherwise granted by you.
You also grant us the right to perform analytics and additional data processing activities on the information that we collect and receive about you, such as data aggregation.
We welcome your ideas and suggestions about improving Vurb. But know that if you volunteer feedback or suggestions, we can use these ideas without compensating or crediting you.
Verbify respects the rights of others and requires its users do the same. In accessing or using the Services, you agree to the following:
Your Use of Your Account
We may make services, features, or functionalities available to you (including through links) that are operated by a third party. Each party’s terms will govern your relationship with them. We are not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
VERBIFY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SERVICES. YOU UNDERSTAND THAT, BY ACCESSING AND USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE AND THAT VERBIFY IS NOT RESPONSIBLE FOR SUCH CONTENT. VERBIFY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY DAMAGE (WHETHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE) INJURY, CLAIM, LIABILITY, OR ANY OTHER CAUSE OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY CONTENT.
BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
Limitation of Liability
VERBIFY AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES MADE AVAILABLE ON OR THROUGH THE SERVICES; OR (III) UNAUTHORIZED USE, ACCESS, OR ALTERATION OF THE SERVICES OR YOUR CONTENT ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VERBIFY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED $100.
Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND VERBIFY TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. Notwithstanding the foregoing, either you or Verbify may bring an individual action in small claims court.
The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. If you choose to arbitrate with Verbify, you will not have to pay any fees to do so. That is because Verbify will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Verbify will pay that forum’s fees as well.
Waiver of Jury Trial. YOU AND VERBIFY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Verbify are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are general more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Verbify over whether to vacate or enforce an arbitration award, YOU AND VERBIFY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in “Venue,” below.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. This waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Verbify can force the other to arbitrate. To opt out, you must notify Verbify in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address and, if you have a Vurb account, your Vurb username and the email address you used to set up your Vurb account. The notice must also include an unequivocal statement that you want to opt-out of this arbitration agreement. You must either mail your opt-out notice to this address: 445 Bush St., Suite 400, San Francisco, CA 94108, or email the opt-out notice to firstname.lastname@example.org.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Verbify.
Choice of Law
445 Bush St., Suite 400, San Francisco, CA 94108