1. Acknowledgment and Agreement
Please read these Terms carefully before accessing and/or using the Sites. By accessing and/or using the Sites, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access and/or use the Sites. Any objection to these Terms, or any part therefore, will be interpreted as a refusal to agree to these Terms.
Check Ferret reserves the right to make changes to these Terms at any time and at our discretion. Any new feature or tools which are added to the Sites shall be subject to these Terms, as amended. New versions of these Terms will not apply retroactively, but shall immediately replace and supersede the previous terms upon posting. Your continued access and use of the Sites, or any part thereof, following the posting of the revised Terms means that you accept and agree to the changes.
3. Arbitration Notice
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT-OUT OF ARBITRATION BELOW.
4. Non-Disclosure Agreement
By agreeing to these Terms, you agree to participate in Check Ferret’s beta launch of the Sites. During this beta launch, you will have access to the Sites in a way that is not otherwise made to the general public, and which may provide you with access to sensitive and confidential information belonging to Check Ferret. “Confidential Information” for the purposes of these Terms means any information not generally known known to the public or recognized as standard industry practice that is revealed by or through or at the direction of Check Ferret (whether in writing, orally or by another means and whether before or after the Effective Date of these Terms) or to any of your officers, directors, employees, financial advisors, accountants or attorneys, including information expressly or implicitly marked or disclosed as confidential, including, without limitation, all forms and types of financial, business, scientific, technical, economic, or engineering information including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing. Further, information traditionally recognized as proprietary trade secrets or the disclosure of which to the public or competitors of Check Ferret may be detrimental to Check Ferret, violate law or regulation and/or constitute unfair competition also constitute Confidential Information. At all times, you must protect and preserve Confidential Information as confidential, using no less care than that which you would protect and preserve your own highly confidential and proprietary information (but in no event less than a reasonable degree of care), and shall not use any Confidential Information for any purpose except to carry out discussions concerning the Sites with Check Ferret. You shall not disclose, distribute or disseminate the Confidential Information to any third-party without the prior written consent of Check Ferret. You will comply with all applicable laws with respect to the use and maintenance of the Confidential Information, including but not limited to any applicable data protection laws. Promptly following the request of Check Ferret, you will return or at Check Ferret’s option destroy all materials that are in written, electronic, or other tangible form (including without limitation to all written documents, notes, memoranda, email, etc.) that contain, summarize, or abstract any portion of the Confidential Information, including, without limited to, all copies, extracts, and derivations of such materials.
Notwithstanding the foregoing, Check Ferret reserves the right to advertise and or publicize publicly your participation in the Check Ferret beta launch program, including details concerning you or your organization’s name, size, and other related publicly available information.
By accessing and/or using the Sites, you represent that you are at least 18 years of age, or the age of consent in the jurisdiction in which you access and/or use the Sites, to create an account and use the Sites. By creating an account and using the Sites, you represent and warrant that:
- You can form a binding contract with Check Ferret;
- You are not a person who is barred from using Check Ferret under the laws of the United States or any other applicable jurisdiction (i.e., you do not appear on the U.S. Treasury Department list of Specially Designated Nationals or face any other similar prohibition); and
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
6. Fair Credit Reporting Act Notice and Obligations
Check Ferret is not a credit reporting agency for the purposes of the Fair Credit Reporting Act (“FCRA”) (15 U.S.C. § 1681, et seq.). Check Ferret provides relationship intelligence to help empower you in your personal and professional engagements. You therefore agree to not use our Sites and the information we provide therein to make decisions about consumer credit, employees, tenant screening, or any other purposes that would require compliance with applicable law. Information provided on the Sites does not constitute Consumer Reports. Information found on the Sites may not be used in whole or in part as a factor in determining eligibility for any of the following products, services or transactions: (1) health insurance or any other insurance; (2) credit and/or loans; (3) employment; (4) education, scholarships or fellowships; (5) housing or other accommodations; (6) benefits, privileges, or services provided by any business establishment; or (7) any other product, service or transaction in connection with which a consumer report may be used under the Fair Credit Reporting Act or related state statute, including without limited to an apartment rental, check-cashing, or the opening of a deposit or transaction account.
7. Account Setup
- Sign-In With Existing Credentials. When signing-up for Check Ferret using your existing LinkedIn, Google, or Apple accounts, you authorize us to access and use certain information from those three services, including but not limited to your public profile with LinkedIn, Google, and/or Apple.
- New Account. When you create a new account with Check Ferret, you will be prompted to provide your e-mail address as a username and to create a password. You are responsible for the confidentiality of your account and password, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account, or any other security related incident concerning your account. You further agree to be responsible for all charges resulting from the use of your account on the Sites, if any, including unauthorized use. We are not liable for any loss or damage resulting from your failure to comply with this section.
- Representation. When creating an account, you agree to provide accurate, true, complete and current information about yourself as prompted by the Sites and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete, or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Sites.
8. Account Termination
We reserve the right to terminate any account, at any time, with or without notice, for any conduct that we, in our sole discretion, determine is in violation of this Agreement, laws or regulations, or is otherwise harmful to another user of our Sites or other third-party interests.
9. Conduct When Using the Sites
By accessing and/or using the Sites, you agree not to:
- Use the Sites in any manner contrary to local, state, federal, or international laws, including but not limited to using the Sites and the information contained therein to make determinations concerning financial loan applications, employment, housing, access to public services, or other related services.
- Use the Sites for any commercial purpose without our prior written consent.
- Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted materials, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Sites without our prior written consent.
- Express or imply that any statements you make are endorsed by Check Ferret.
- Use any robot, bot, spider, crawler, scraper, site search / retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Sites or their content.
- Use the Sites in any way that could interfere with, disrupt or negatively affect the Sites or the servers or networks connected to the Sites.
- Upload viruses or other malicious code or otherwise compromise the security of the Sites.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Sites.
- “Frame” or “mirror” any part of the Sites without our prior written consent.Use meta tags or code or other devices containing any reference to Check Ferret (or any trademark, trade name, service mark, logo or slogan of Ferret) to direct any person to any other website for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Sites, or cause others to do so.
- Use or develop any third-party application that interacts with the Sites without our prior written consent.
- Probe, scan, or test the vulnerability of our Sites or any system or network.
- Encourage or promote any activity that violates these Terms.
We reserve the right to investigate, and take any available action in response to any unauthorized use of the Sites, including but not limited to termination of your account.
10. Links to other Websites and Third Parties
Our Sites may contain links to third-party websites or services that are not owned or controlled by Check Ferret, such as links to news stories, court websites, etc. Ferret has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of any third-party websites or services so linked. Check Ferret strongly urges you to read the terms and conditions and privacy policies of any third-party website or services you visit.
12. Requests for Removal of Links or Cached Materials
Check Ferret’s Sites operate based on a set of databases and indices. The publicly available information contained within these databases and indices have been identified, indexed and compiled through an automated process with no advance review by human beings. Given the extensive volume of information added, deleted, and changed on these databases and indices on a daily if not hourly basis, Check Ferret cannot guarantee any such requests.
13. Modifying the Sites / Termination
Check Ferret is always striving to improve its Sites and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time, as well as remove some features. If these actions do not materially impact your rights or obligations, we may not provide you with notice of these changes before making them. We may also suspend the Sites entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account with Check Ferret at any time,ƒ for any reason, by following the instructions in “Settings” in the Sites.
Check Ferret may terminate your account at any time without notice if it believes that you have violated this Agreement.
14. Check Ferret’s Rights
By creating an account, you grant to Check Ferret a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from LinkedIn, Google, or Apple, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Sites (collectively, “Content”). Check Ferret’s license to your Content shall be non-exclusive, except that Check Ferret’s license shall be exclusive with respect to derivative works created through use of the Sites. For example, Check Ferret would have an exclusive license to screenshots of the Sites that include your Content. In addition, so that Check Ferret can prevent the use of your Content outside of the Sites, you authorize Check Ferret to act on your behalf with respect to infringing uses of your Content taken from the Sites by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Sites. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Sites and researching and developing new ones.
You agree that Check Ferret may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Check Ferret or any other person.
15. Copyright, Trademark, and other Intellectual Property
You acknowledge that the Sites and all materials on the Sites, including without limitation to the Sites’ design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof (collectively, “Materials”) are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Sites, including without limitation to trademarks registered in the United States [INSERT LIST] (collectively, “Marks”) are the sole property of Check Ferret. In addition, all page headers, custom graphics, and custom icons are Marks of Check Ferret.
Check Ferret grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Sites. This license is for the sole purpose of letting you use and enjoy the Sites as intended by Check Ferret, and as permitted by this Agreement. All rights not expressly granted herein are reserved by Check Ferret. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks, or other intellectual property do not constitute or imply affiliation with, endorsement of, or recommendation of Check Ferret by the respective trademark owner(s), or by Check Ferret of the respective trademark owner(s).
16. Disclaimer of Warranties; Limitation of Liability; Indemnification
Disclaimer of Warranties.
Subject to applicable law, CHECK Ferret makes the following disclaimers of warranties. CHECK Ferret disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in results provided on the Sites. CHECK Ferret disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material made available through the Sites. CHECK Ferret disclaims any responsibility or liability for any harm resulting from downloading or accessing information or material on the Internet through the Sites. CHECK Ferret provides the Sites on an “as is” and “as available” basis with no warranties whatsoever. CHECK Ferret expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranty of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. CHECK Ferret further disclaims any warranties regarding the security, reliability, timeliness, and performance of the Sites. CHECK Ferret further disclaims any warranties relating to any information obtained through the Sites, any links provided by the Sites, as well as any information received through any of the links provided in the Sites.
Limitation of Liability
Subject to applicable law, under no circumstances shall CHECK Ferret be liable to any user of the Sites for any direct, indirect, incidental, consequential, special, exemplary, and/or punitive damages, whether such damages or a claim for such damages is based on warranty, contract, tort (including negligence), or other claim available under applicable law, even if CHECK Ferret has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Sites, from inability to use the Sites, or from the interruption, suspension, or termination of the Sites (including such damages incurred by any third parties). This limitation shall also apply with regard to damages incurred by reason of other services or goods received through the Sites or received through links provided on the Sites, as well as by reason of any information or advice received through the Sites or through links provided on the Sites. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, lost data, loss of business goodwill, or other such damages. Such limitation shall further apply with regard to the performance or non-performance of the Sites or any information that appears on, or is linked or related in any way to the Sites. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (us).
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless CHECK Ferret and its respective officers, directors, agents, and employees from any and all complaints, demands, claims, damages, losses, costs (including attorneys’ fees), PENALTIES AND/OR OTHER expenses, due to, arising out of, or relating in any way to your access or use of the Sites, or your violation of these Terms.
17. Force Majeure
Under no circumstances shall Check Ferret be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.
18. Dispute Resolution, Arbitration, Class-Action Waiver, and Jury Waiver
EXCEPT WHERE PROHIBITED BY LAW, YOU AND CHECK FERRET AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND CHECK FERRET (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other), ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, relating to our Sites, or Content or Marks published by Check Ferret on the Sites, any transaction or relationship between us resulting from your use of our Sites, communications between us, the information provided in connection with our Sites, and INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY INTERNATIONAL, FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW.
THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A DELAWARE STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").
The following procedures shall apply:
In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org. Unless otherwise agreed, the arbitration shall take place in the capital city of the state in which the consumer resides, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.
Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST CHECK FERRET, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITES OR MEMBERSHIP PLANS.
19. Governing Law; Jurisdiction and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or the laws of your state. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remaining portion of the Terms will continue in full force and effect.
20. Terms Termination
These Terms are effective until terminated either by Check Ferret or you. We, in our sole discretion, may suspend or terminate these Terms at any time with or without notice, and may deny you access to the Sites or any portion thereof as a result. You may also terminate these Terms at any time by discontinuing your use of the Sites and terminating your account. Upon termination of these Terms by us or you, you must destroy all materials obtained from the Sites, including any and all copies of such materials whether made under these Terms or otherwise.
You may not assign these Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Terms will be binding upon, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
22. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against Check Ferret arising from or relating to the use of the Sites must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred.
23. Entire Agreement; Severability; Relationship
These Terms constitute the entire agreement between you and Check Ferret. If any part of these Terms are determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation or risks, and the remainder of these Terms will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. You agree that your Check Ferret account is non-transferable and all of your rights to your account terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Ferret.
24. Contact Us
If you have any questions about these Terms, contact us at [INSERT].