Terms & Conditions

1. Recitals

The following VERIFICO.COM USER TERMS & CONDITIONS, which includes the Verifico Corporation PRIVACY POLICY and any guidelines, policy, or content displayed on Verifico Corporation's website www.verifico.com ("Verifico.com " or "website," and not "third-party website"), each and all constitute a legally binding agreement between you, the USER ("you" or "your"), and Verifico Corporation ("Company," "we," "us," or "our"). The VERIFICO.COM USER TERMS & CONDITIONS are referred to herein as the "Terms."

2. Initial Acknowledgements

By accessing the domain(s) or sub-domains of Verifico.com and any pages linked to from therein, you indicate that:

  1. You have read these Terms and fully understand them; AND
  2. You agree to be legally bound by these Terms; AND
  3. You agree that all access and use of Verifico.com and its domain(s) and sub-domains and any of its hyperlinks and linked pages are at your own risk; AND
  4. You acknowledge that Company specifically disclaims any liability for any direct, indirect, incidental, consequential, exemplary, special or punitive damages, or, any liability for lost profits, revenues, or business opportunities, arising out of, or in any way connected with your access to or use of Verifico.com, including any interactions with another user, even if we have been advised of the possibility of such damage; AND
  5. You agree that your use of Verifico.com shall be governed by California state law, and that jurisdiction and venue be located in Los Angeles, California for any disputes arising from these Terms or any other agreements with Company related to your use of Verifico.com.

DO NOT access Verifico.com if you do not agree to ALL of these terms and conditions as set forth herein.

3. Registration

By registering with Verifico.com, you agree to:

  1. Abide by these Terms and the processes, procedures, and guidelines described throughout Verifico.com; AND
  2. Be financially responsible with and for your use of Verifico.com and the purchase or delivery of services; AND
  3. Perform your obligations as specified by any agreement(s) that you accept, unless such obligations are prohibited by these Terms or by applicable law.

To register with Verifico.com and to access its content, you MUST:

  1. Either be an individual of at least eighteen (18) years of age who can form legally binding contracts, or be a legal entity; AND
  2. Provide truthful, accurate, and complete information as prompted by the Verifico.com registration form and/or all other forms you access and/or complete on Verifico.com; AND
  3. Review and update the information you provide to Verifico.com on a regular basis to maintain its truthfulness, accuracy, and completeness.

Any violation of these Terms of this section will result in Verifico.com account suspension or termination.

4. Account Creation & Management

Account Creation.

Once you have completed your registration process, we will create your VERIFICO REGISTERED USER ACCOUNT ("Account"), identified by your Account Username and Password, thereby making you a VERIFICO CORPORATION REGISTERED USER ("User"). As a Consultant, you may also create one or more profiles under your Account (each, a "Profile").

Username and Password.

As a User, you are entirely responsible for safeguarding and maintaining the confidentiality of the information that you use to access Verifico.com. During the registration process you will be asked to choose a Username and Password for your Account. You may choose to use a valid e-mail address as your Username, so long as no other User has chosen the same e-mail address. You authorize Company to assume, for legally operative purposes, that ANY person or entity using Verifico.com with your Username and Password IS you, or is duly authorized to act on your behalf. You agree to notify us immediately if you suspect any unauthorized use of your Account.

Users.

Users can choose between "Consumer" and "Consultant" Account types. We reserve the right to change membership fees and benefits at our sole discretion and upon reasonable notice posted in advance on Verifico.com. No refunds of fees already paid will be given, if any such fees have been paid. If we exercise our right to terminate a membership as provided under these Terms at any time, we will not refund the membership fee already paid.

Membership.

Verifico.com provides each User with several different Account options. The availability of these options is dependent upon each User's status as a Consumer or Consultant (as a "Referrer" can be either), any selections made during registration, any subsequent changes of membership options after registration, and any applicable changes to these Terms or the contents of Verifico.com.

5. Term and Termination

These Terms shall legally bind you upon your access to Verifico.com and/or registration for an Account, effective as a contractual agreement upon your use of the website, and shall continue until your Account is terminated by you or Verifico.com as provided for under the terms of this section

Terms.

Unless otherwise agreed to in writing between the parties, either party may terminate this agreement represented by these Terms at any time upon written notice to the other party served and received by processes recognized under applicable law. Upon such written notice being received by either party, your Account will be automatically terminated, and (1) Company shall continue to perform those services necessary to complete any open transaction between you and any other User(s), then (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination of your Account for any service and to any Verifico.com affiliate for any services.

Conditions for Account Suspension or Termination.

Without limiting our remedies at law, we may issue a warning or temporarily suspend, indefinitely suspend, or terminate your Account (or a related Program) and refuse to provide any or all services to you if:

  1. You breach these Terms or the linked policies and information incorporated herein by reference, including any other written policies and procedures posted on Verifico.com, OR
  2. We are unable to verify or authenticate any information that you provide us, OR
  3. We believe in our sole discretion that your actions may cause legal liability for you, our other Users, Company, and/or its affiliates, or if your actions are contrary to the interests of Verifico.com, OR
  4. You attempt to gain or gain unauthorized access to any Company or affiliated website or service, computer system or network connected to any Company website or service through any means including but not limited to hacking, password spamming or mining, and using any robot, spider or other automated device or process to access such websites. Additionally, you may not misuse any Company passwords or any other related information, OR
  5. You use Verifico.com in any manner that could damage, disable, overburden, or impair Company or its affiliates' websites or services, or interfere with any other party's use and enjoyment of Company or any affiliated website or service.

Effect of Suspension and Termination.

Any Account termination will automatically lead to the termination of all linked Accounts or related Profiles, and likewise, you shall be banned from using Company's website as contemplated by these Terms. Once suspended or terminated, you must cease using Verifico.com under the same Account, and you must also cease using Verifico.com under any other or different Accounts, and you may not register for a new Account. When your Account is suspended or terminated for any reason, you may no longer have access to data, messages, files, or other material you kept on the site. This material may be deleted along with all your previous posts and proposals.

Reimbursement of Investigation Costs.

Without limiting our other remedies, to the extent you engage in actions or activities that circumvent Company's payment services, or otherwise reduce any fees owed Company under these Terms, you must pay Company in full for all fees owed and reimburse Company for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.

Any violations of these Terms will be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions

6. Website Overview

Verifico.com is the only secure online marketplace that enables specialty loan consultants to offer creative loan solutions to individuals or entities and facilitates the completion of secure transactions on the same platform.

Verifico.com enables Users to connect and communicate with verified industry specialists who offer creative loan solutions through our patented and secure online platform. Users can search for, enter into, and manage transactions with providers of professional services, known on Verifico.com as "Consultants." As noticed above, Consultants, Consumers, and Referrers are collectively referred to herein as "Users." Verifico.com provides its Users with resources enabling following:

Consultants can:

  • Create Profiles that advertise their capabilities and specialty offerings;
  • Search for and communicate with other Users;
  • Manage Programs;
  • Leave feedback for other Users; and
  • Receive payment from and pay other Users.

Consumers can:

  • Create Profiles;
  • Submit offers;
  • Negotiate with Consultants;
  • Obtain Invoices;
  • Refer other Consumers and receive referral rewards;
  • View real-time statistics on each Consultant's results; and
  • Obtain feedback from Consultants.

Company maintains Verifico.com to provide individuals and entities with information about the programs, products, and services offered by Company's third-party affiliates, and to facilitate communication with Company and its affiliates. Company does not warrant the information or services provided herein, nor your use of Verifico.com, generally, expressly, or impliedly, for any particular purpose, and expressly disclaims any implied warranties that may exist, including but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

Verifico.com will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this website. Although the information provided to you on this website is obtained or compiled from sources we believe to be reliable, Company cannot and does not guarantee the accuracy, validity, timeliness, or completeness of any information or data made available to you for any particular purpose. Furthermore, Company makes no representation, expressly or impliedly, that any of the programs, products, and/or services are currently available to Users.

7. Modification of Terms; Accuracy of Website Information

You are responsible for regularly reviewing these Terms. Company reserves the right, in its sole discretion, to revise, refuse, suspend, or terminate these Terms at any time. Company reserves the right to revise these Terms and all linked information from time to time in its sole discretion by updating these Terms or any linked information and posting such revised information on Verifico.com. Unless otherwise noticed in writing by Company, the revised terms shall take effect when they are posted. Your continued use of Verifico.com constitutes an implicit agreement to all such revisions.

Further, Company reserves the right to change, improve, or correct the information, materials, and descriptions on any Company or affiliated website or service and to suspend and/or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections in its sole discretion, without any obligation, and without any notice requirement. The information and materials on this website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Company does not undertake any obligation or responsibility to update or amend any such information. Company may discontinue or change any product or service described in or offered on this website at any time.

Because laws vary from state to state, not all of the products or services described on Verifico.com are available in all geographic areas. You may not be eligible for all the products or services described. Company reserves the right to determine the eligibility for any product or service.

We use our best efforts to include accurate and up-to-date information on Verifico.com, but we make no warranties or representation as to the accuracy of the information. The products and services offered through Company are not FDIC-insured and may involve investment risk, including the possible loss of principal invested.

8. Privacy Policy

When you conduct transactions on Verifico.com, our protocols regarding the processing of such transaction information transmitted to us shall be governed by these Terms, including but not limited to our Privacy Policy. Otherwise, unless prohibited by law, any communication or material you transmit to us on Verifico.com or via e-mail, telephone, or any other communicative medium is not considered confidential and Company may use such communication or material for any legal purpose.

Your use of Verifico.com and the services provided therein is governed by these Terms. It is your responsibility to review the Privacy Policy, and we suggest that you review the Privacy Policy after reading these Terms and print a copy for yourself. The Privacy Policy is posted on the website and may be updated from time to time. We cannot ensure that the disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies, or third parties upon subpoena and you authorize us to disclose information as we believe is necessary or appropriate, in our sole discretion.

9. Consumers' Relationship with Consultants

General Service Agreement Guidelines.

The engagement, contracting, and management of any services, or enrollment in any programs, enabled through the use of Verifico.com, are SOLELY the responsibility of the relevant Users. Upon a Consumer accepting any Consultant's offer, Consumer agrees to purchase, and the Consultant agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Consultant and Consumer regarding the Consultant's delivery of services, description of these services and/or other deliverables, and other terms and conditions as communicated between Consultant and Consumer on Verifico.com or otherwise, AND (b) these Terms, AND (c) any other content uploaded to Verifico.com by Consultant or Consumer (collectively the "Service Agreement"). You agree not to enter into any contractual provisions or legal obligations in conflict with these Terms. Any provision of a Service Agreement in conflict with these Terms is void.

Responsibilities.

User is responsible for managing, inspecting, accepting, and paying for satisfactory services and deliverables in accordance with the Service Agreement in a timely manner. Users are responsible for the performance of and quality of services provided in accordance with each Service Agreement, in a timely manner. Each User covenants and agrees to act in good faith and fair dealing in performance of any such Service Agreement.

Independence.

Each User acknowledges and agrees that their relationship with other Users is that of independent contractors; each Consultant shall perform services as an independent contractor and nothing in these Terms shall be deemed to create an agency, partnership, joint venture, or employer-employee relationship between Consumer and Consultant or between Company and any User, except as expressly provided, if at all.

Company Not A Party

Company reiterates that its website Verifico.com is an independent resource provided (1) for consumers to search for and enroll in programs offered by verified consultants, and (2) for such consumers and consultants to securely and easily transact business between themselves. Accordingly, Company expressly reaffirms that it has no liability as a party, or otherwise any involvement, regarding the legal relationship that arises between a consultant and consumer that use Verifico.com to exchange any information or monies as part of consumer receiving a consultant's services or enrolling in same's program.

10. Users' Relationship With Company

You acknowledge that you understand that Company does not provide any financial or other services, as a "consultant" as contemplated by these Terms, or as any other entity, including but not limited to credit repair, debt consolidation, and/or loan acquisition services. You acknowledge that Company is SOLELY an intermediary between you and one or more of our other Users that establishes a connection between you and such other User(s) for the procurement and facilitation of services or enrollment in programs as herein described. Company maintains no fiduciary responsibility to you with regard to the performance of any of such services, nor with regard to any transaction of any financial service arising from any activity performed on Verifico.com, and Company makes no representations or guarantees whatsoever regarding the services provided by any other User.

By signing these Terms, and also, by submitting documentation and/or fees to Company, you acknowledge that Company does not provide any of the services referenced herein, and that any fees taken by Company are solely for acting as an intermediary between you and one or more of Company's other Users.

Furthermore, Consumer acknowledges that they authorize Consultant to perform said services for them by entering into any agreement with Consultant for the procurement or facilitation of services. By agreeing to the performance of services by Consultant, Consumer hereby agrees to be governed by these Terms, the Service Agreement terms, and conditions set forth by that Consultant, and Consumer agrees to be bound under such agreement with Consultant, and to authorize Consultant to perform the services agreed to by Consumer. At all times, Consultant, not Company, maintains all fiduciary duties to Consumer, and all agreements regarding the performance of services are solely between Consumer and Consultant. Consumer acknowledges that Company's involvement is merely as an intermediary and that no obligation for the performance of services by Company arises out of these Terms or any Service Agreement, except as explicitly stated therein.

11. Company's Relationship With Affiliates

Company is affiliated with third-party entities, including but not limited to credit specialists, attorney referral services, insurance brokers, and other advertisers (each entity, an "Affiliate"), for the purposes of providing individuals with access to services including but not limited to credit repair, debt consolidation, and legal and insurance services. Company does not perform any of these services itself. Company has not verified the reliability of any representations regarding the performance of said services by any Affiliate and cannot provide any information regarding the effectiveness thereof. Company is solely an intermediary between the parties and no relationship for services exists between Company and any Affiliate.

Upon your acceptance of these Terms and any Affiliate's acceptance to provide you with services, an agreement shall be created between you and Affiliate for the performance of such services. No agreement shall exist between Company and either you or the Affiliate except as specifically set forth herein or otherwise expressed in writing and signed by authorized Company representatives. Company makes no representations or warranties regarding the quality of the work provided by Affiliates and urges you to exercise caution and due diligence before initiating any financial procedures with an Affiliate or otherwise. All services are provided through these Terms at your own risk. Company's involvement in the procurement and facilitation of Affiliate services shall not be deemed to be the procurement of services on behalf of Company and shall be deemed the procurement of services on your behalf. All services provided by the Affiliate under this agreement are being provided solely between the Affiliate and you. Company shall have no fiduciary responsibility to you regarding the services provided by the Affiliate. All fiduciary responsibility owed to you shall reside solely with the Affiliate.

12. Disclaimer of Warranty and Limitation of Liability

The information, products and services on this website are provided on an "AS IS," "WHERE IS" and "WHERE AVAILABLE" basis. Company does not warrant the information or services provided herein or your use of this website generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

Company will not be responsible for any loss or damage that could result from interception by third-parties of any information or services made available to you through this website. Although the information provided to you on this website is obtained or compiled from sources we believe to be reliable, Company cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Company, nor any of its Affiliates, directors, officers or employees, nor any third-party vendors, will be liable or have any responsibility of any kind for any loss or damage that you may incur in the event of any failure or interruption of this website; or resulting from the act or omission of any other party involved in allowing this website, the data contained herein or the products or services offered herein, available to you; or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Company or of any vendor providing software or services.

In no event will Company or any such parties be liable to you for any direct, special, indirect, consequential, or incidental damages or any other damages of any kind even if Company or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses or malware which may infect a user's equipment, the failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, or any force majeure. Company cannot and does not guarantee continuous, uninterrupted, or secure access to the website.

13. Fees

Disclaimer.

We reserve the right to charge and change membership fees, service fees, processing fees, or any other fee that may be charged by Verifico.com at any time, at the sole discretion of Company, and upon reasonable notice posted on Verifico.com. No refunds of fees already paid will be given. If we exercise our right to terminate an Account at any time, as provided under these Terms, we will not refund any related fees already paid.

Service Fees and Payment Processing Fees.

When Verifico.com Users transmit monies to each other, Company charges one or more of the following fees:

Service Fee.

Verifico.com charges all Consultants a Services Fee when monies are transacted through PAYv™, or Company's then-existing payment service. This fee is based on a Consultant's Account type and is calculated from the total amount of monies transmitted to a User as part of enrollment in a Program. A "Program" is defined as an agreement between Users for the exchange of services and/or monies through Verifico.com or Company's then-existing platform. For a description of fees associated with your account, please refer to your Settings and/or Agreement.

PayPal Services Fee.

Company charges Users who choose to use PayPal Services as described on such website pages when accessed.

Consultant Payment Method Fee.

If a Consumer pays a Consultant by credit card, by debit card, or through PayPal, a Consultant Payment Method Fee will be charged as described on such website pages when accessed.

User Payment Method Fees.

If a User makes a withdrawal request through a check or a wire transfer, a User Payment Method Fee will be charged as described on such website pages when accessed.

Referral Fees.

Users that refer unique Users through http://www.verifico.com/consumer_referrals.php (for Consumers) or http://www.verifico.com/consultant_referrals.php (for Consultants) to register a unique Account become "Referrers," and may be entitled to receive certain Referral Fees after such unique Users receive monies pursuant to program enrollment, as described on such relevant website pages. In addition to the Services Fee as described above, Consultants are charged a Two-Tiered NINE PERCENT (9%) Referral Fee that is calculated from the total amount of each transaction sent to a Consultant by a Consumer. The current Referral Fee structure is as follows:

  • a SIX PERCENT (6%) Tier-1 Referral Commission provided to a Referrer for each transaction engaged in by any User(s) they referred, and
  • a THREE PERCENT (3%) Tier-2 Referral Commission provided to that same Referrer for each transaction engaged in by any User(s) enrolled in programs that the Tier-1 User referred.

Should the same User be referred by different Referrers, the first referral link used by such Referred User shall control which Referrer receives any commissions as contemplated by this section.

14. Payment and Billing Services; PAYv™

Payment Services.

Verifico.com's billing and payment service, "PAYv™" ("Payment Service"), enables Users to issue invoices and make and receive payments for User services, when applicable.

General.

When a Program is completed between Users, the Consultant will complete an electronic invoice form ("Invoice") and submit it to Verifico.com through Payment Service. Consumer must complete and submit an Invoice to Verifico.com for each and every Program agreed to between Users. The Consultant will provide Verifico.com with a list of items on the Invoice, including but not limited to hours worked, payment required, and description of Program to be included ("Invoice Details"). Such Invoice Details will not be final until and unless such Consumer has confirmed the accuracy of the Invoice Details or waived the right to review the Invoice Details. If a Consumer waives his, her or its right to review the Invoice Details, all items in the Invoice Details will be included on the Invoice as received by Verifico.com. COMPANY ENCOURAGES ALL USERS TO REVIEW INVOICE DETAILS. Verifico.com will submit the Invoice to the Consultant and the Consultant shall submit the payment specified in the Invoice to Verifico.com. When a Consultant makes a payment through the Payment Service, Verifico.com deducts the appropriate fees due Verifico.com as described on the website and deposits such payment into the User's Account.

Disputes.

If a User reasonably disputes any Invoice, User will pay all undisputed amounts within the timeframes specified according to then-existing Company dispute resolution policies, and the parties will cooperate to verify any disputed amounts. Any Invoice amounts reasonably disputed by a Consultant will not be payable to a User until such dispute is resolved. Verifico.com's obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon: (a) Verifico.com's receipt of payment from the applicable Consultant and (b) resolution of all outstanding disputes with respect to such Invoice and/or Payment. Additionally if a Consultant has submitted Payment to Verifico.com and such payment amount is then reasonably disputed by Consultant before Verifico.com has disbursed the disputed amount to the Consumer, Consumer acknowledges and agrees that Verifico.com may hold such Payment on behalf of such Consultant until the dispute is resolved.

Payment Escrow Services.

At a User's request, Verifico.com will accept an advance payment for a Consultant's services ("Payment Escrow Service"). We will prevent the withdrawal of the funds by the User until (a) Consultant and Consumer agree that the funds should be withdrawn, or (b) Consultant and Consumer have concluded the process of the Dispute Resolution Services (as defined in Section 18 of these Terms). You acknowledge that such funds will be pooled together with all other monies collected by Verifico.com.

Notification of Dispute.

If, for any reason, a party to a transaction using the Payment Escrow Service requests Dispute Resolution Services, we will notify all parties that the matter will be addressed through the Dispute Resolution Services.

Withdrawal of Funds.

To withdraw funds from your Account, you must request such funds using any of the withdrawal methods available on the website. Any such requests shall be subject to the conditions and restrictions contained on the website and in these Terms. Notwithstanding any other provision of these Terms, if Company determines in its sole discretion that a User has violated the conditions and restrictions of Verifico.com or these Terms, Verifico.com has the right to refuse to process the withdrawal of such funds.

Holds on Funds.

Verifico.com will make funds deposited in your Account generally available for you to use or withdraw. Verifico.com reserves the right, at its sole discretion, to place a "hold" on funds for Payments in order to await payment clearances, or if Verifico.com suspects monies may be subject to charge-back or bank reversal, or if fraud is suspected. Verifico.com will release any such hold(s) as soon as practical.

Legal Relationship.

To withdraw funds from your Account, you must request such funds using any of the withdrawal methods available on the website. Any such requests shall be subject to the conditions and restrictions contained on the website and in these Terms. Notwithstanding any other provision of these Terms, if Company determines in its sole discretion that a User has violated the conditions and restrictions of Verifico.com or these Terms, Verifico.com has the right to refuse to process the withdrawal of such funds.

Verifico.com acts as a payment provider by creating, hosting, maintaining, and providing Payment Services to you through the website. Verifico.com does not have any control over the services invoiced or paid for with the Payment Services. Additionally, Verifico.com does not control whether a Consultant or Consumer will actually complete the underlying transaction. Verifico.com is not responsible in any way for the timeliness or accuracy of the Invoices or the timeliness, accuracy, completion, or workmanship of any work product produced by a User as a result of an awarded Program. Nothing in these Terms shall be deemed to constitute Verifico.com as your agent with respect to any service purchased or sold by Users through the website, or expand or modify any warranty, liability, or indemnity stated in these Terms.

By using the Payment Service, or any other payment services made available on Verifico.com, you expressly acknowledge that (a) Verifico.com is not acting as a trustee or a fiduciary of any User and that such services are provided to Users administratively; (b) Verifico.com is not a "financial institution" as defined under the Bank Secrecy Act (BSA) and Payment Service is a payment service rather than a banking service; (c) Verifico.com IS NOT A BANK NOR A LENDING COMPANY AND ANY PAYMENTS TRANSFERRED THROUGH OR HELD BY COMPANY ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT.

Authorized Payments.

Authorized payments are final. Your use of the Verifico.com Payment Service constitutes your agreement to pay for any amounts that you authorize us to charge against your Account and, as appropriate, your credit card, bank account, or PayPal. Such payments, once authorized, are final.

Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs.

Verifico.com reserves the right to seek reimbursement from you, and you will reimburse Verifico.com if Verifico.com discovers a fraudulent transaction or erroneous or duplicate transaction, or if Verifico.com receives a charge back or reversal from any User's credit card company, bank, or PayPal for any reason. You agree to and acknowledge Company's right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Verifico.com in an effort to investigate fraud. You agree that Verifico.com has the right to obtain reimbursement for such investigations by charging your Account, deducting amounts from future payments or withdrawals, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.

Currency

.

The Payment Service operates in United States Dollars and therefore Verifico.com is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than United States Dollars, nor is Verifico.com responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check, or automated clearinghouse to and from your Account.

Exclusivity and Non-Circumvention.

Consultants agree to use the Payment Service to make all payments to Users, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent Payment Service or any associated fees. As a User, you agree to use Verifico.com payment service made available on the website to receive all payments from Consultant services identified through the website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Payment Service, any other payment services on Verifico.com, or any associated fees.

Mandatory Notification.

As a User, you agree to notify Verifico.com immediately if any User solicits payment from you for services provided under this Agreement, or communicates with you, outside of Verifico.com's website platform. As a User, you agree to notify Verifico.com immediately if your Consultant seeks to pay you outside the website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of any Payment Service, please submit a confidential report to Verifico.com by writing us at the Verifico.com address listed at the end of these Terms, or via a Company e-mail address provided to users on the website.

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Agreement to Pay.

If, for any reason, Verifico.com does not receive payment for any amounts that you have authorized to be paid through your use of Payment Service, or any payment services on the website, you agree to pay such amount immediately upon demand by Verifico.com. You also agree to pay any interest charges, attorneys' fees and other costs of collection incurred by Verifico.com in collecting from you the authorized but unpaid amount. In such case, Verifico.com may, at its option, stop processing any further payments made by you and apply any amounts then held by Verifico.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Payment Service. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and may cooperate with them in any resulting investigation or prosecution.

15. Proprietary Rights

Company owns the copyrights to the images, text, screens, sounds, flash animations, website pages, and any other copyrightable information not herein named but existent or appearing on Verifico.com ("Proprietary Information"). You may copy information from Verifico.com for your personal or educational use, provided that each copy of such information includes any legally operative copyright, trademark or service mark notices, or any other attribution as appearing on Verifico.com. This Proprietary Information and related materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, or used to create a derivative work, nor may such Proprietary Information be used for public or commercial purposes, except as provided in these terms, unless provided with the expressed written permission of Company.

The Verifico.com name, logo, and all other names and taglines listed here are copyrights, trademarks, and/or service marks owned by Company, all of which may be registered in certain and different jurisdictions. Other trademarks appearing on Verifico.com or its linked websites are owned by and used for the benefit of their respective companies.

16. Personal Content Rights and Responsibilities

Personal Content Ownership Rights.

Company owns the copyrights to the images, text, screens, sounds, flash animations, website pages, and any other copyrightable information not herein named but existent or appearing on Verifico.com ("Proprietary Information"). You may copy information from Verifico.com for your personal or educational use, provided that each copy of such information includes any legally operative copyright, trademark or service mark notices, or any other attribution as appearing on Verifico.com. This Proprietary Information and related materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, or used to create a derivative work, nor may such Proprietary Information be used for public or commercial purposes, except as provided in these terms, unless provided with the expressed written permission of Company.

Assignment of Non-Multimedia Content Rights.

You hereby assign to Verifico.com your rights in any Non-Multimedia Content (as defined below). You grant us a non-exclusive, universe-wide, perpetual, royalty-free, and irrevocable right to exercise all copyright and publicity rights with respect to any Multimedia Content, and to use such Multimedia Content for the purpose of advertising and publicizing Verifico.com products and services, and you grant us a non-exclusive, universe-wide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.

Posting Information.

You are solely responsible for Personal Content and any other information you post on Verifico.com including but not limited to:

  1. Any audio, video or photographic content (collectively, "Multimedia Content"), AND
  2. Any posting or listing made in any public message area, through any e-mail feature, or through Verifico.com's feedback feature (collectively, "Non-Multimedia Content"), AND
  3. Any other content of a personal nature including but not limited to your resume, biography, work history, and work product produced for another User, including any entities.

Personal Content Restrictions.

Your Personal Content must not infringe any third-party's rights, including but not limited to intellectual property, publicity, or privacy right, nor be defamatory, trade libelous, threatening or harassing, obscene, indecent, or pornographic.

Limitation of Liability.

We do not endorse any information posted by any Users and we are not liable for any such information posted on Verifico.com, including but not limited to any information posted about you. We reserve the right in our sole discretion to take any and all appropriate legal actions with respect to any Personal Content posted on Verifico.com that we reasonably believe to violate these Terms or that is otherwise inappropriate, including but not limited to termination of your Account. However, we do not, nor cannot, control the information provided by you or other Users or other content providers that is made available through our system.

Procedure for Removal of Personal Content Deemed to Infringe a Copyright Claim.

Pursuant to 17 USC ' 512 as amended by Title II of the Digital Millennium Copyright Act (collectively, "the Act"), Company has implemented procedures for receiving written notification of claim infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a user of the Verifico.com, please fill out a Notice of Infringement form and mail it to "Attn: Company Copyright Infringement Notices" at the Verifico.com address listed at the end of these Terms. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. ' 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Site, (c) 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 Freelancer to locate the material, (d) Information reasonably sufficient to permit the Freelancer to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party, may be contacted, (e) A statement that the complaining party has 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 (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and send a copy to Company.

17. Services Disclaimer

Prior to the execution of any transaction by you involving information you received from this website, you should consult your business advisor, attorney, and/or tax and accounting advisors with respect to the price, suitability, value, risk or other aspects of any product. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time the user may want to purchase a particular product.

None of the information contained on Verifico.com constitutes a recommendation, solicitation or offer by Company or its affiliates to buy or sell any product or service. The information contained on Verifico.com is merely a compilation of products or services typically offered by affiliates of Company. Company makes no representation or warranty, expressly or impliedly, that any of the products or services found on this site are currently being offered by any affiliate of Company. Certain transactions give rise to substantial risk and are not suitable for all individuals.

The information and services provided on this website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules, or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Company is not authorized to provide such information or services. Some products and services described on this website may not be available in all jurisdictions or to all Users.

18. Dispute Resolution Department

Verifico's Dispute Resolution Department helps Consumers and Consultants resolve disputes quickly, easily, and transparently, and provides Users with a more personalized e-commerce resolution experience. Verifico's User Dispute Resolution Policy offers you an option to contact Verifico's Dispute Resolution Department if you and another Verifico User cannot reach a dispute resolution by yourselves, as we will then take an active role in ensuring transaction problems are resolved.

Please note that this section applies only to the transaction between Users pursuant to a service or program agreement authorized by these Terms. This section is not a warranty of any kind or a solution for "Consumer's remorse." To take advantage of this section, the User should first contact the other involved User(s) to attempt to resolve the issue. If that User does not respond, or cannot resolve the issue by themselves, then the User can file a case with the Dispute Resolution Department.

Company offers Verifico Dispute Resolution Services ("VDRS") only to those users engaged in a dispute over a Program that is (1) pursuant to a Program posting by a Consultant through the Website, (2) pursuant to a bid by a Consumer through the website for such posting and (3) pursuant to an acceptance through the website by the Consultant for such bid.

Acknowledgements.

You agree and acknowledge that Company, through providing VDRS on Verifico.com, (1) is NOT providing legal services to you or to a Professional, (2) will not advise you regarding any legal matters, and (3) will not provide legal counsel and that you will seek independent legal counsel licensed to practice law in your jurisdiction if you desire legal counsel and not rely on Company for any such counsel. You agree to indemnify and hold harmless Company and its directors, officers and employees and any of its affiliates against any damages or liability you may suffer as a result of using VDRS. If you do not agree to use the dispute resolution services under these terms, you should not elect to use any of Company's services provided on the website or hereunder.

Dispute Resolution Department Process.

In any dispute between users eligible for VDRS, you agree to mediate such dispute in good faith before Company's Dispute Resolution Department for a period of ninety (90) calendar days. Such period shall begin the day that either party requests VDRS through Verifico.com. When Consumers and Consultants are involved in a VDRS case, Company may provide or give them access to each other's names, user IDs, email addresses, other contact information, and other relevant information to the case, including without limitation, any relevant documentation obtained from a third party. Any Users involved in an open VDRS case permit Company to make a binding decision, in its sole discretion, on any case that a User files with Company under this section. If the result of such mediation is acceptable to both parties in a dispute, you agree to indicate your approval of such mediation to Verifico.com and Company will disburse funds in accordance with the results of such mediation. If you are dissatisfied with the progress, or if ninety (90) calendar days have elapsed since you filed your claim of a dispute between you and another user with Verifico's Dispute Resolution Department, you agree to submit your dispute to binding arbitration as further set forth below.

Conditions Under Which a Case May Be Filed. As a User, you can file a VDRS case with Company under this section when all of the following are true:

  • You are a registered User.
  • You have enrolled in a program listed on Company's website, or, you are the Consultant that listed such enrolled-in Program on your Account profile.
  • You have received monies or services (or the auspices of services) pursuant to an enrolled-in Program listed on Company's website, and/or have used Company's website to process payment through PAYv™ or any other financial resource provided therein.
  • You enrolled in such Program though Company's website.
  • You have submitted a VDRS claim within forty-five (45) days from the date of receiving payment or services.
  • There is a good faith dispute between you and the Consultant regarding the item. A "good faith dispute" can include cases such as:
    • You did not receive services or monies within in the estimated delivery time provided Consultant
    • You received services different from those described in that Consultant's profile, or otherwise communicated to you in writing by the Consultant.
    • You received less than the agreed upon amount of monies to be transferred by Consultant.
  • A good faith dispute does not exist if:
    • You claim you never received services or monies when in fact you did, or
    • You refuse to accept agreed upon services or monies to be transferred from Consultant services, or, if you claim the services or monies were not as described, but the Consultant can prove otherwise.
    • Moreover, a good faith dispute does not include "Consumer's remorse," that is, the services and/or monies were delivered was as described, but you no longer want the item regardless of the reason.
    • You have made a fraudulent charge to a credit card (or a PayPal account), as such fraudulent charges are not covered by this section. If you notice any charge on your Account that you did not authorize, report this to Company immediately. Fraudulent charges made through your credit card should be resolved with your credit card company
    • You have not initiated another form of resolution processing, including credit card chargebacks (if you paid by credit card) or PayPal Consumer Protection claims (if you paid by PayPal).

    This section does not cover false, abusive, or illegitimate claims, or purchases where you have been or may be compensated by a third party. Company reserves the right to decide if items that are or may be prohibited or restricted by Company policies are covered. VDRS is not available if you do not fully adhere to these Terms.

    Resolution of Cases.

    Consumers who have been unsuccessful in resolving a dispute directly with a Consultant can contact Company via the VDRS. Once a Consumer files a VDRS case, Company will (1) review the case, (2) run integrity checks on the incident including any necessary background or fraud checks, and (3) confirm when necessary that the Users have attempted to resolve the dispute among themselves.

    If the filing User is in good standing and the case meets the requirements of this section, Company will review additional transaction information to determine if the VDRS case is ready for resolution. For example, we may review the messages sent between the Consumer and Consultant through Account messaging features. Depending upon the nature of the case, resolution may not be proper at that time. For example, if the services and/or monies are still in within the transactional process, we may ask the Consumer to wait. If the case is ready to be resolved, Company will contact the relevant Users about the case. The Users will have up to seven (7) calendar days to respond to the case, and there may be circumstances that warrant Company's acceleration of the resolution of the case.

    If the case is based on services and/or monies "not received," then a resolution would include:

    • The relevant User(s) responding to the case by providing proof of transfer, or
    • The relevant Users coming to an agreement regarding the transfer of services and/or monies, or, the replacement of same, or
    • The Consultant refunding the Consumer the full cost of any fees advanced to the Consultant for any agreed upon services.

    If the case is based on a services "not as described" case, the resolution would include:

    • Responding to the case by providing proof to Company that the services were described accurately and consistently throughout the listing, including any and all associated communication (for example, providing documentation that supports "original," "first edition," or similar claims), or
    • Refunding the Consumer up to the full cost any fees advanced.
    • Unless resolution of the case is accelerated, after seven (7) calendar days, Company will check with the filing User to see if they are satisfied. If such User is satisfied, the case is closed. If we do not hear back from the User within an appropriate time, we will not hold the defending User accountable for the transaction. If the filing User is still working with the other or does not respond, we'll check back in another week.

      If the filing User informs Company that no resolution has been reached, Company will review the case with VDRS. We may review the listing, questions and answers in the listing, any communications between the Consumer and Consultant, and other relevant information.

      Holds.

      To protect against the risk of liability, Company has at times requested, and may continue to request, that PAYv™ hold User funds based on certain factors, including, but not limited to, selling history, Consultant performance, riskiness of the listing category, or the filing of a VDRS case. Company has held, and will continue to hold, Consultant funds pursuant to these Terms, and any other agreement entered into between Company and its Users.

      Relationship between VDRS and other resolution methods. We reserve the right to fix any processing errors we discover in any of Company's payment processing services or Consultant profile listings, including but not limited to PAYv™. We will correct any processing errors by debiting or crediting the payment method used for the erroneous eBay Consumer Protection refund or reimbursement.

      PayPal Consumer Protection.

      Consumers who use PayPal on Verifico to receive monies may still file a claim using PayPal Consumer Protection. If a Consumer chooses to resolve the claim through PayPal, then the VDRS policy will not apply (instead, PayPal Consumer Protection will apply). If resolution on a case is reached by Company, then PayPal will close future claims regarding the same transaction that are made through PayPal Consumer Protection.

      Arbitration.

      In any dispute between Verifico.com Users that cannot be resolved through Verifico's Dispute Resolution Policy, you expressly agree to and acknowledge that Company or a third-party chosen by Company will neutrally arbitrate the dispute in accordance with these Terms. You acknowledge and agree that Company will construe any agreements based on the parties' course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the agreements between User and Company, (ii) the parties' course of dealings, as evidenced by activity on or communications through Verifico.com, and (iii) any information or communication that the parties agree should be considered. The arbitrator shall render its decision within five (5) business days of the conclusion of mediation. During this time, you are encouraged to continue to negotiate an amicable settlement with the User with which you are engaged in a dispute. You agree that the decision of the arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after a decision has been rendered, we will disburse funds from our escrow account in accordance with the arbitrator's decision. In the event that you are the prevailing party in the arbitrator's decision, you agree that you shall have no right, title to, interest in, or license to the subject matter of the dispute. In such case, you agree to return any Company physical property in your possession and destroy any electronic copies that you have.

      Dispute Notification.

      You agree and acknowledge that (1) Verifico.com will use the e-mail address corresponding with your Account at the time a dispute arises to notify and communicate with you with regard to any dispute, and (2) you are solely responsible for the receipt of any notification or communication sent by Verifico.com using the e-mail address corresponding with your Account at the time a dispute arises.

      19. General Disclaimer

      User Representations and Warranties.

      All Users represent, warrant, and agree to each and all of the following:

      • To grant access to their Account only to users authorized to act on behalf of the User and only in accordance with these Terms, AND
      • To be fully responsible and liable for any action(s) of any person(s) or entity (entities) who use(s) your Account, AND
      • Not to use the Account number, username, or password of another User, when you are not expressly authorized to do so, AND
      • Not to allow any third-party who is not authorized to use your Account, to use your account at any time, AND
      • Not to use any device, software, or routine, including but not limited to any viruses, trojan horses, worms, time bombs, robots, or denial-of-service attacks, intended to damage or interfere with the operation of Verifico.com or any transaction being conducted through the website, AND
      • Not to intercept or expropriate any system, data, or personal information from Verifico.com or Company, AND
      • Not to take any action that imposes an unreasonable or disproportionately large load on the Verifico.com infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques, AND
      • That User has the right and authority to enter into the Terms and to transact business hereunder, AND
      • That User is using Verifico.com solely for the purpose of entering into a bona fide business transaction with other Users, AND
      • That User will not use Verifico.com or its services to defraud or mislead any person or entity, including without limitation Verifico.com or any other user, AND
      • That User will not use Verifico.com to violate any law or regulation of the United States of America or any international law or treaty, AND
      • That User is not a resident national of, or an entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria, or any other country subject to economic sanctions imposed by the government of the United States of America, AND
      • That User is not currently and has never been listed as a Specially Designated National by the United Stated Department of Treasury's Office of Foreign Assets Control ("OFAC"), AND
      • That User will not use the Website in connection with any "prohibited transaction" as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.

      Warranty Disclaimer.

      THE SERVICES PROVIDED BY COMPANY OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD-PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD-PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

      Limitation of Liability.

      IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES AND LOSS OF GOODWILL, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

      General Release.

      If you have a dispute with another User, you release Company (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

      State Specific Release.

      YOU HEREBY WAIVE CALIFORNIA CIVIL CODE '1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

      Company is not a party to the dealing, contracting and fulfillment of any agreement between Verifico.com Users. Company has no control over and does not guarantee the quality, safety, or legality of any services performed or deliverables created or advertised, the truth or accuracy of Program listings, the qualifications, background, or abilities of Users, the ability of Consultants to perform services, the ability of Users to pay for services, or that a Consultant or User can or will actually fully perform the terms of their agreement(s).

      Completion of Program Services Are Users' Responsibilities.

      Verifico.com is not responsible for and will not control the manner in which any User operates and is not involved in the hiring, firing, discipline, or working conditions of the User. All rights and obligations for the purchase and sale of services or other deliverables are solely between Users. Neither Company, nor its website, Verifico.com, will provide any User with any materials, tools, or resources to complete any Program. Users must look to other Users for enforcement and performance of all the rights and obligations arising from service agreements and any other terms, conditions, representations, or warranties associated with such dealings, except as otherwise provided by these Terms, if provided.

      Third-Party Beneficiary of Service Agreement.

      Each User acknowledges and agrees that the value, reputation, and goodwill of the website depend on each User's performance of their covenants and agreements as set forth in their Service Agreement, as well as abidance by these Terms. Users therefore appoint Company as a third-party beneficiary of any Service Agreements made with other Users for purposes of enforcing the obligations owed to, and the benefits conferred on Users by these Terms. Users further agree that Verifico.com has the right to take such actions with respect to the service agreement or their Accounts, including, without limitation, suspension, termination, or any other legal actions, as Verifico.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the website.

      Agency.

      These Terms and any registration for or subsequent use of the website by any User will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and Verifico.com, except and solely to the extent expressly stated.

      Taxes.

      Users are responsible for payment and reporting of any applicable taxes. Other than in connection with 1099 Services, Company is not obligated to determine the applicability of any taxes, nor is Company obligated to remit, collect, or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by Verifico.com or otherwise by Company. You agree that you will abide by any and all applicable state and federal tax statutes, regulations, and common law. In the event that Company receives a notice of non-compliance with any such statute, regulation, or common law, including, without limitation, an Internal Revenue Service Levy, Verifico.com will deem such receipt a breach of this section and will suspend your Account until Company receives an Internal Revenue Service Release.

      Indemnity.

      You agree to defend, hold harmless, and indemnify Company, and likewise the website from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand, or action brought by a third-party against Verifico.com: (1) in connection with your use of any website services including any payment obligations incurred through use of the Payment Service or any payment services provided through the website, or (2) resulting from (a) your use of the website (b) your decision to supply credit information via the website, including but not limited to personal financial information, (c) your decision to submit postings and accept offers from other Users, (d) any breach of contract or other claims made by Users with which you conducted business through the website, (e) your breach of any provision of these Terms, (f) any liability arising from the tax treatment of payments or any portion thereof, (g) any negligent or intentional wrongdoing by any User, (h) any act or omission of yours with respect to the payment of fees to any User, (i) your dispute of or failure to pay any Invoice or any other Payment or obligation under these Terms, or (j) your obligations to any User. Any such indemnification shall be conditioned on Company (i) notifying you in writing of any such claim, demand, action, cost, liability, or loss, or threat of any thereof, (ii) cooperating with you in the defense or settlement thereof, and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

      Links.

      The website may contain links to third-party websites not under the control or operation of Company or Verifico.com. When we provide links, we do so only as a convenience to Users and we do not endorse, nor are we responsible for, the contents of any linked site, nor any links contained within such linked site.

      Data.

      You are responsible for the creation, storage, and backup of your personal and business records. These Terms and any registration for or subsequent use of this website will not be construed as creating any responsibility on Company's behalf to store, backup, retain, or grant access to any information or data for any period.

      20. Miscellaneous Terms and Conditions

      Compliance with Law.

      You are responsible for compliance with applicable U.S. state, U.S. Federal and international laws, regulations, and treaties, bearing in mind that accessing the contents of this website may not be legal for certain persons located in certain countries.

      IRS Form 1099.

      At a Consultant's request, Verifico.com shall issue each individual User to whom you have engaged through Payment Service or any payment services provided through the website, a summary on Form 1099 reflecting Invoices to and from each User, less fees paid. You hereby acknowledge that although Company may provide 1099 Services to Consultants, the Consultant's Service Agreement to obtain services and make payments is an agreement between an Consultants and a User.

      Modification and Waiver.

      Verifico.com will not be considered to have modified or waived any of our rights or remedies under these Terms unless the modification or waiver is in writing and signed by an authorized representative of Verifico.com. No delay or omission by Verifico.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

      Severability.

      In the event that any of the terms or provisions of these Terms shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be replaced by such enforceable term(s) or provision(s) as comes closest to the intention underlying the unenforceable term or provision, or as is permitted by applicable law.

      Assignment or Transfer.

      You will not transfer, assign, or delegate your rights or obligations (including your Account) under these Terms to anyone without the express written permission of Verifico.com, and any attempt to do so will be null and void. Verifico.com may assign these Terms in its sole discretion.

      State Specific Legal Notice.

      Pursuant to California Civil Code section 1789.3 and California Business and Professions Code section 17538, residents of California are hereby advised of the following: Verifico.com, located in Los Angeles, California, is the provider of the electronic commercial service on this site. Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.

      Upon your request, you may have these Terms sent to you by e-mail. Please feel free to contact Company to resolve a complaint regarding any aspect of service relating to this site by writing to the address below.

      Force Majeure.

      Except for the payment of fees to Company, either through its website or otherwise in connection with these Terms, neither of the parties shall be responsible for the failure to perform, nor for any delay in performance of any obligation hereunder, due to labor disturbances, accidents, fires, floods, telecommunications failures, Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements, regulations, or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

      Notice.

      All notices required or permitted to be given under these Terms, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail to the addresses set forth below or to such other address as any party shall designate by notice in writing.

      If to Verifico Corporation:

      Attn: Business and Legal Affairs
      645 W. 9th Street, Unit 110-605
      Los Angeles, CA 90015

      If to User:

      To the mailing address associated with User's Account.

      Notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing.

      Headings and Labels.

      The boldface and/or underlined paragraph headings in these Terms are included for ease of reference only and have no binding effect.

      Integration.

      These Terms and all documents referenced in these Terms (including the policies listed and available by hyperlink) comprise the entire agreement between you and Company with respect to the use of this Website and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any website that links to or is linked from Verifico.com.