These Terms of Use govern access to and use of the Services and the VerificationManager.com website and any related subdomains. Please read them carefully — they are a binding legal agreement between you and the Provider.
VerificationManager, LLC, a wholly-owned subsidiary of HostedHR, LLC (the "Provider"), provides access to and use of Provider's proprietary web-based income and employment verification software and support services (collectively, the "Services") to subscribers (the "Subscriber(s)") and verifiers (the "Verifier(s)" and, together with the Subscribers, the "User(s)").
Some portions of the Site require a username and password for access. User is responsible for protecting its username and password information and agrees to be responsible for all activities performed under the User's account as if those activities were activities of the individual User. The Site and Services are intended to be accessed and used from the United States of America, and any other access or use is prohibited without the prior written consent of Provider.
No fees are charged by Provider to Subscriber for the Services. To access the Services, Verifiers are responsible for paying a fee upon requesting an employment and/or income verification.
The Services are Internet-based, and in order to access such Services, User acknowledges it must have a connection to the Internet. Because of the nature of the Internet, the Site may not perform as intended despite Provider's efforts. Provider does not guarantee uninterrupted or error-free operation of the Site.
Provider owns the Site, Services, and all intellectual property rights, including trademarks, service marks, names, titles, materials, text, graphics, images, icons, logos, designs, audio and video clips, digital downloads, software, site design, and the selection, assembly, and arrangement of the Site content (the "Content"). Other company names mentioned on the Site may be the trademarks of their respective owners.
User may not copy, distribute, display, modify, reproduce, perform, publish, or reverse-engineer any part of the Content without Provider's written permission. User is prohibited from downloading any material (other than routine page caching), modifying any material on the Site, downloading, copying or collecting logos, product descriptions, pricing, text, graphics, audio and video clips, or account information, reproducing, duplicating, copying, selling, visiting, or otherwise exploiting the Site for any commercial purpose, or using meta tags or any other hidden text with Provider's name or trademarks without Provider's written consent.
User acknowledges and agrees that the Services require access to and use of proprietary software (the "Software") owned by Provider. Provider hereby grants User an individual, nonexclusive, nontransferable, royalty-free, limited license to access and use the Software subject to these Terms of Use. User, and User's employees and agents, are expressly prohibited, directly or indirectly, from:
Provider retains exclusive ownership throughout the world of its Software, including portions or copies, and all rights not expressly granted herein to User are reserved by Provider. This license shall be automatically terminated upon any access of the Site or use of Services in violation of these Terms of Use. Provider may at any time, in its sole discretion, terminate this license.
Data input into the Site or otherwise provided by or on behalf of Subscriber (the "Subscriber Data") is and shall remain the exclusive property of Subscriber. Subscriber acknowledges and agrees that Subscriber shall be solely responsible for the accuracy, integrity, reliability, quality, and legality of Subscriber Data. Provider shall use reasonable efforts to protect Subscriber Data; provided, however, Provider shall not be liable for any correction, deletion, loss, destruction, or failure to store Subscriber Data.
Provider's Privacy Policy, incorporated herein by reference, governs the processing of all personal data collected from User in connection with the Services.
To the maximum extent permitted by law, the Site and the Services provided by Provider to any User under these Terms of Use are provided "as is" and "as available" without warranty of any kind. Provider does not make and specifically disclaims any representations and warranties, express, implied or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty, guarantee or representation regarding the use, or the results of use, of the Site or any Services.
To the maximum extent permitted by law:
(A) Neither Provider nor its affiliates or licensors will be liable to User for special, indirect, incidental, consequential, punitive, or exemplary damages (including but not limited to loss or inaccuracy of data, revenue or profits, or intangible losses resulting from a security breach) in connection with use of the Site, any use or reliance upon information found at the Site or provided by Provider, or any of the Services provided pursuant to these Terms of Use, even if advised of the possibility of such damages.
(B) In no event shall Provider's aggregate liability arising out of or related to the Services, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the greater of $50 or the amounts paid by User for the Services provided through the Site.
User shall defend, indemnify and hold harmless Provider and its members, managers, officers, employees, agents, representatives, affiliates, parents, subsidiaries and licensors (collectively, the "Indemnified Parties") from and against any and all alleged or actual damages, costs, liabilities and fees (including, without limitation, reasonable attorneys' fees) that arise from or relate to any and all alleged or actual claims, actions, demands, causes of action and/or other proceedings arising out of or relating to (i) User's access to the Site or use of the Services; (ii) User's breach of these Terms of Use; (iii) User's infringement of any intellectual property or other right of any person or entity; or (iv) User's violation of law in accessing the Site or use of the Services.
Provider shall have the right to terminate or suspend User's access to all or part of the Site for any reason or no reason, including, without limitation, any violation of these Terms of Use.
Provider reserves the right, in its sole discretion, to change, modify, add or remove any terms, conditions and notices under which the Site and Services are offered at any time.
These Terms of Use shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Arizona without regard to its conflicts or choice of law principles. Provider and User shall first attempt to resolve all claims, disputes or controversies arising under, out of, or in connection with the Services by conducting good faith negotiations amongst themselves. If Provider and User are unable to resolve the matter following good faith negotiations, any lawsuit must be brought in the state or federal courts sitting in the State of Arizona. User expressly consents to the jurisdiction of those courts.
The headings used in the Terms of Use are for convenience only and are not to be used in determining the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect. The waiver by either Provider or User of a breach of any provision of these Terms of Use will not operate or be interpreted as a waiver of any other or subsequent breach.
Revised: 14-Mar-2024