Terms of Use
Last Review/Update: January 16, 2025
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.
You are currently viewing a page of the Vericast.com website or a related website or mobile application (“Website”) belonging to Vericast Corp.or one of its direct or indirect subsidiaries (“Vericast”). These Terms of Use (“Terms of Use”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website (“Services”). “You” and “your” refer to any person who accesses or uses the Website or Services. The Website is intended for individuals who are at least 18 years old. If you are under the age of 18 years old, please do not access this Website.
Vericast reserves the right to modify these Terms of Use at any time without notice. Any change to these Terms of Use will be effective upon posting of such updated Terms of Use on the Website. The most current version of the Terms of Use will be available to you by clicking the link at the bottom of the Website. By continuing to access or use the Services after the date of any change to these Terms of Use, you agree to be bound by such terms contained in the most recent version of these Terms of Use. If you do not agree to the modified terms and conditions, you should discontinue use of the Websites or Services. Vericast reserves the right to modify or terminate the Services or to terminate your access to the Website, in whole or in part, at any time.
These Terms of Use include an agreement to resolve any disputes through binding arbitration that includes a class action waiver as well as important disclaimers and limitations of liability.
Trademarks, Copyrights, and Restrictions On Use
All trademarks, service marks, trade names, trade dress, and related intellectual property rights in the Services are proprietary to Vericast or our licensors or licensees. You may not use, reproduce, or display any of the Vericast trademarks except upon Vericast’s prior written consent.
The Website and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by Vericast, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in these Terms of Use, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Website for any commercial or public purpose without Vericast’s prior written consent. You may, however, view information available on the Website for your informational purposes. You may download from the Website materials, except for software or source code, but only for your personal or internal business purposes only. You may download software or source code from the Website, but only such software or source code purposely made available to you by Vericast for downloading from the Website, subject to any applicable terms of use. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Website.
Your use of the Services, including the Website, imposes on you an obligation of appropriate use and conduct, which includes, but is not limited to, not causing an unreasonable or disproportionately large processing load on our Services or systems, not engaging in any conduct that restricts or inhibits use of the Services by others, and not introducing or transmitting any virus, worm, Trojan horse, or other material that may harm or disrupt our Services or systems. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Websites or Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Unauthorized use of the Services, misuse of passwords, or misuse of any information or material posted on this Website is strictly prohibited.
You may use the Services, including the Website, only for lawful purposes and you agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
All registered trademarks ®, trademarks ™ and service marks that may be used on the Websites or Services to identify the products and services of other companies are the property of their respective owners. Vericast makes no claims to these trademarks ®, trademarks ™ and service marks. We reserve the right to add additional trademarks ®, trademarks ™ and service marks that identify products and services featured on the Websites or Services.
Claims of Copyright Infringement
If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send Vericast a formal notice requesting us to remove the material or block access to it. Please include (1) a description of the work allegedly infringed; (2) the location of the allegedly infringing work, including the URL; (3) your name, address, telephone number, and email address; (4) a statement signed by you that you have a good faith belief that the disputed use is unauthorized under current law; and (5) a statement signed by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner with their authorization. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act, permits you to send Vericast a counter-notice. Learn more at the U.S. Copyright Office site [link to copyright.gov].
Links to Third Party Digital Properties or Content
The Website may contain links to sites controlled or offered by third parties (non-affiliates of Vericast) (“Digital Properties”). Vericast hereby disclaims all liability for any other company’s Digital Properties content, products, privacy policies, or security. In the event you choose to use the services available at a linked Digital Property, you agree to read and adhere to the policies and terms of use applicable to that Digital Property. In addition, any advice, opinions, services, products, or recommendations provided by the linked Digital Property providers are those of the providers and not of Vericast. Your participation in any linked Digital Property, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked Digital Property provider.
Registration Information
You may be invited to register at the Website to help us tailor the Service for your personal and business financial needs and to alert you of other products and services for you or your business. In registering for the Service, you agree to provide accurate, true, current, and complete information about you and your business as requested by the registration screens. As a convenience to you, a profile for you or your business may be created based on the registration information that you provide.
Privacy
Your use of the Website or Services is subject to the applicable privacy-related policies and notices of Vericast, including but not limited to the Vericast Privacy Policy. To the extent permitted by applicable law, by accessing or using the Website or Services, you understand and agree that Vericast may collect and retain personal or other information about you or the device you use to access the Website or Services and share with our Third-Party Partners as allowed by applicable law and our privacy notices. By using the Website, you consent to Vericast’s use of analytics and monitoring tools to collect user interaction with our products, which may include collection of behavioral characteristics such as keystroke and mouse movement patterns. You also agree these services are strictly necessary for the operation of this Website. These interactions are collected using cookies and technical log files. We use the data for purposes that include interaction monitoring and visual replay for fraud, customer service, product improvement, and other purposes allowed by law. Any conversations with us through use of chat, virtual assistant, or a similar service are monitored, recorded, and retained, potentially without any further notice to you.
Feedback
You agree that any and all suggestions, comments, and feedback that you submit at or via this Website in connection with any Vericast products and services (“Feedback”) shall be deemed to be non-confidential, except as otherwise specifically agreed or required by law. Vericast also shall be free to use any Feedback without any restriction of any kind. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, etc.
Chat
Vericast may make an interactive online chat (“Chat”) service available to you. Vericast makes no warranty that the Chat service will be available at any particular time or be free of fault or error.
If you are under the age of 18 years old and are invited to use the Chat service, you must not use the Chat service and you must leave the Website.
During your use of the Chat service, you may interact with a bot, chatbot, virtual assistant, virtual concierge, or other non-human (each, a “Chatbot”). We will disclose the use of the Chatbot to the extent required by applicable law. When engaging with us through use of the Chat service, be advised that chats will be monitored and retained.
The Chat service is provided as a convenience. Participating in the Chat service does not constitute consent by you or us to use electronic records and signatures as a substitute for written documents. Any personal information shared with us when using the Chat service shall be subject to the applicable privacy-related policies and notices described above.
You will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message, and doing so may result in termination of the Chat service session.
Monitoring of our Sites and Services and Disclosure for Administrative and Legal Reasons
We have the right, but not the obligation, to monitor our Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (as defined in our Privacy Policy) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce the Terms of Use, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our clients, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our business partners.
Disclaimer of Warranty
VERICAST OFFERS THE SERVICES, INCLUDING THE WEBSITE (INCLUDING ALL CONTENT, FUNCTIONALITY, AND MATERIALS), ON AN “AS IS,” “AS AVAILABLE,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY WARRANTY ARISINGOUT OF COURSE OF DEALING, USAGE OR TRADE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
YOU USE THE WEBSITES OR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES OR SERVICES AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE THAT NEITHER VERICAST, ITS SUBSIDIARIES, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICES. VERICAST DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED DIGITAL PROPERTIES OR PURCHASED VIA LINKED DIGITAL PROPERTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERICAST BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR:
- ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE WEBSITE
- ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, ECONOMIC, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE (OR INABILITY TO USE) OF THE SERVICES, THE WEBSITE, ANY ONLINE SERVICES, OR ANY INTERNET BROWSER SOFTWARE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE TOTAL LIABILITY OF VERICAST (INCLUDING OUR SUBSIDIARIES AND AFFILIATES) FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend (if requested by Vericast), indemnify, and hold harmless Vericast (and all of its subsidiaries and affiliates) and each of their respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims, and expenses, including attorneys’ fees, arising out of, relating to, or resulting from your (1) use of the Websites or Services; (2) violation of these Terms of Use or misuse of the Websites or Services, including such violation or misuses conducted by your employee or agent; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of third party content. You must not settle any such claim or matter without our prior written consent. Vericast (and all of its subsidiaries and affiliates) reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Enforceability and Governing Law
These Terms of Use constitute a contract between you and Vericast governed by the laws of the state of New York (United States of America), without regard to its conflicts of laws provisions. To the extent permitted under any applicable law, this Agreement will not be subject to the Uniform Computer Information Transactions Act as codified or amended. In the event any of the terms or provisions of these Terms of Use 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 or provision that comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with Vericast.
The Website is hosted in the United States. If you are accessing this Website from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of this Website or Service, you may transfer certain personal information to the United States. To the extent permitted by applicable law, your use of the Website or Service shall constitute your consent to the transfer of personal information to the United States and the applicability of United States law. Please visit the Vericast Privacy Policy for additional information.
Dispute Resolution and Arbitration
In the interest of resolving disputes between you and Vericast in the most expedient and cost-effective manner, you and we agree that every dispute arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use, and/or your access to, or use of, the Websites or Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the claim arises. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Any arbitration between you and Vericast will be governed by the Federal Arbitration Act (“FAA”), the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
YOU UNDERSTAND AND AGREE THAT YOU AND VERICAST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU ALSO UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION RELATING TO ANY ACTION OR CLAIM THAT MAY ARISE IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS TO, OR USE OF, THE WEBSITES OR SERVICES.
Despite the provisions of this Section above, you and we both agree that nothing in these Terms of Use will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.
A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail (“Notice”). Vericast’s address for Notice is: Vericast Corp., 15955 La Cantera Parkway, San Antonio, TX 78256, Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). You and Vericast agree to use good faith efforts to resolve the claim directly, but if you Vericast do not reach an agreement to do so within 30days after the Notice is received, you or we may commence an arbitration proceeding. The arbitration proceedings, including any exchanged materials, shall be confidential and you and Vericast agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.
If you commence arbitration in accordance with these Terms of Use, payment of any fees will be governed by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, but if the claim is for$10,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your registered account address. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions of law on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expense sat any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
YOU AND VERICAST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Vericast agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If Vericast makes any future change to this arbitration provision (other than a change to its address for Notice), you may reject the change by sending us written notice within 30 days of the change to Vericast’s address for Notice, in which case your account with Vericast will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive. If any provision of this arbitration Section is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.
Miscellaneous
You agree and understand that effective use of the Website will require your browser to use software plug-ins and modules, including, without limitation, JavaScript, in order to correctly display content and utilize features on the Website.