TERMS AND CONDITIONS OF USE FOR VerifiScan

BY YOUR ACCESSING, USAGE AND INTERACTION WITH OUR PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ALL SERVICES OFFERED ON THIS WEBSITE, AND ANY OTHER WEBSITES OWNED, OPERATED, OR RELATED TO THIS WEBSITE AND OR VerifiScan, YOU ARE HEREBY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF USE, CONTAINED HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THIS SITE. PLEASE EXIT THIS AND ANY OTHER RELATED SITES, AND DO NOT USE ANY OF THE OFFERED SERVICES IN ANY WAY.

IF YOU ARE USING CREDIT MONITORING SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD, A RESIDENT OF THE UNITED STATES, AND LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING PRE-SCREENING SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST TWENTY-ONE YEARS OLD, A RESIDENT OF THE UNITED STATES, AND LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

In addition to the Terms and Conditions contained herein, VerifiScan may offer Products which are subject to additional terms and conditions. These Products are governed by said additional terms and conditions, as well as these Terms and Conditions. If there is a conflict between the terms and conditions contained herein, and the additional terms and conditions will control on those respective Products.

VerifiScan may revise these terms for use of the Products at any time without notice, and by using this site, and the Products, you are agreeing to be bound by the current version of these Terms and Conditions at the time you use the site and/or Products. Any changes to these Terms and Conditions will become effective upon posting.

DESCRIPTION OF SERVICES

VerifiScan may provide you with several financial products, services and offers. When you provide the required information, as described herein and including your name, address and social security number and/or the last four digits of your Social Security Number to VerifiScan, you may receive a Firm Offer of Credit ("FOC") from the automotive dealers and/or lending institutions that have permissible purpose to provide loans and other financial products and services The FOC will contain an offer of credit by the automotive dealer and/or lending institutions which will contain a loan amount, loan term, and interest rate.

VerifiScan may provides credit monitoring solution for you to receive credit information, alerts, notification, and credit updates that may be shared with VerifiScan business partners, affiliates, subscribers, and other entities.

PRIVACY POLICY

VerifiScan has provided information on its privacy policy and practices for data security. The Privacy Policy is hereby incorporated by reference into these Terms and Conditions.

ACCOUNT CREATION

By registering and providing the information requested of you in the registration process and elsewhere truly and accurately, you will be creating an account with VerifiScan. You will be given an FOC, and may also be given access to Credit Monitoring. You are required to keep any and all information that has been requested of you at any time by VerifiScan fully up to date. By registering for an account, you agree to maintain the confidentiality of your password, and any other confidential account information, and accept any and all responsibility for the security and confidentiality of your password and other confidential account information.

By registering to receive pre-qualification, you are agreeing not to impersonate anyone else, or obtain any information on behalf of anyone else, whether that other person has authorized you to do so or not. You may not assign your account to anyone else. You also agree to notify VerifiScan if you suspect or know of any unauthorized use of your Account, or any known or suspected breach of security, including any loss or theft of your password.

VerifiScan may suspend, revoke, or cancel your account at any time if we suspect that you have provided untruthful or inaccurate information, or if we believe that your account has been compromised. If your account is suspended, revoked or cancelled, you agree to hold us harmless, and that VerifiScan will not be liable to you for any such suspensions, revocations or cancellations.

By registering to receive pre-qualification, you are agreeing that VerifiScan are sole owner of your account.

FAIR CREDIT REPORTING CONSENTS

By registering to receive pre-qualification, you agree that you are providing "written instructions" to VerifiScan, data providers, employees, officers, agents, subsidiaries, contractors, affiliates and any other third parties authorized to receive such data, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA) to request, receive, and retain information about you from third parties, including but not limited to a copy of your credit report, and any other relevant credit information. You agree that said information will be utilized by VerifiScan as stated in the Privacy Policy in order to match you with specific Products and Services. You agree that you may receive offers from third parties related to your credit information, and in compliance with our Privacy Policy.

AFFILIATES AND THIRD PARTIES

You agree that VerifiScan is not the source of any information regarding your credit history, or any other information. The credit information is obtained from a third party credit reporting agency. You also agree that VerifiScan have not and will not make you any offers of credit or automotive financing. Any offers of credit relayed to you through the Products, websites and services are not generated by or offered by VerifiScan. We do not control any third party content, including offers of credit. You expressly acknowledge that we are in no way responsible for your receipt of, use of, or damage resulting from any third party content. You should review the terms and conditions associated with any third party content.

The information you provide to VerifiScan will be shared with the data provider, TransUnion, and the Dealer. Refer to TransUnion and the Dealer regarding their handling of your information. Both the Dealer and TransUnion, or other parties related to them, may contact you via telephone, email, mail, or other means of communication. Said communications are not directed or controlled by VerifiScan.

VerifiScan may continue to provide the Dealer with information regarding your credit while you have an account and are enrolled in Credit Monitoring from TransUnion. The information which will be provided to VerifiScan and may be provided to the Dealer includes any and all information which is available to you through the Credit Monitoring, including but not limited to your credit score and credit inquiries.

In addition to the above, there may be links within the websites, products or services to third party sites or applications, which VerifiScan does not control or endorse. You expressly consent and agree that VerifiScan is in now way responsible or liable for any third party content. Any communications, agreements, terms and conditions, and other policies are solely between you and that third party, and are in no related to your agreements or interactions with VerifiScan. VerifiScan specifically disclaims any and all harm that may come to you through your interaction with, or use of any websites, services or products offered by any third parties, including TransUnion and the Dealer, including any third party content that you access through our Products, websites or services.

PRE-QUALIFICATION AND AUTHORIZATION

You are providing instructions to VerifiScan to access information in your credit report from one or more consumer reporting agencies such as Equifax, Experian or TransUnion for a period of 12 months following this loan offer request. VerifiScan may use this information to conduct a pre-qualification for credit through individual end-user such as the dealers, and may send you invitations to apply for, or make follow up loan offers from dealers and its lenders we’ve partner with, and, if you choose to proceed with a loan offer, to pre-fill your loan application and assist the lender in reviewing your loan application; and you agree to authorize VerifiScan to send your personal information to credit data provider and automotive loan providers and dealerships, on your behalf. You further authorize TransUnion and the Dealer to obtain and use your consumer credit data with the goal of providing you with automotive credit offers, although there is no guarantee that offers will be made, except for the FOC. You also acknowledge that some data providers may not use consumer credit information that is the most current or recent. You also understand that By registering to receive pre-qualification you are not applying for credit, and that any credit pulls will be soft pulls, which will not affect your credit score. You also acknowledge that if you choose to apply for any offers presented to you, that the provider of credit may run a hard pull on your credit report.

You understand that VerifiScan are not offering credit of any kind to you, and instead the offer originates from the Dealer and/or the Dealer's affiliates.

YOUR CREDIT SCORE

The FOC and information we provide to you and the affiliates are specific to the automotive sales industry. Accordingly, the credit score and information may not be useful for any other industry, like home mortgages. You are entitled by law to receive one free credit report per year from each of the three national credit reporting agencies. For more information about obtaining a credit report for free, visit AnnualCreditReport.com, or the Consumer Financial Protection Bureau.

INTELLECTUAL PROPERTY RIGHTS

VerifiScan own, hold, or license all of the intellectual property utilized on the websites owned and operated by VerifiScan, and to all of the other Products, including but not limited to applications. Said intellectual property includes but is not limited to the VerifiScan name, logo, and any and all related logos. The Intellectual Property is protected by U.S. And International intellectual property laws. Technologies and processes embodied or use with the Products, websites and services are covered under one or more patents pending filed by VerifiScan, with the United State Patent Trademark Office. You are not permitted to use, copy, reproduce, distribute, display, publish reverse engineer, or transmit any intellectual property as described above without the express, prior, written consent of VerifiScan. You are granted no rights to the Intellectual Property.

JURISDICTION AND RESTRICTIONS

The Products, website, and services described herein are directed towards individuals located in the United States. It is not directed towards, nor intended to be used by any person or entity in any jurisdiction, country, or area, where the Products, websites, and services are unavailable or illegal. VerifiScan make no representations or warranties regarding any the Products, websites, and/or services outside of the United States. Usage of the Products, websites and services outside of the United States is done at the risk of such users. VerifiScan may limit access to the Products, websites and services at their own discretion.

MOBILE FEATURES

Some of the Products may be offered on you mobile phone, via mobile applications or mobile websites. Standard messaging, data and other fees may be apply, and VerifiScan are not responsible for any such fees. To the extent you install any applications, you consent to the download of any updates to said applications on your computer or mobile device, in addition to any terms of use then in effect and any Additional Terms related to such application or downloadable item.

WARRANTIES AND DISCLAIMERS

THIS WEBSITE, ANY AND ALL RELATED WEBSITES, ANY CONTENT, THE PRODUCTS AND SERVICES, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," BASIS, AT YOUR OWN RISK. NIETHER VerifiScan, OR ITS AGENTS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR OTHER RELATED PARTIES PROVIDE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED. VerifiScan SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BE NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION TO THE DISCLAIMERS LISTED ABOVE, VerifiScan, ITS AGENTS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND OTHER RELATED PARTIES ALSO STATE THAT THEY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS, THAT:

THE CONTENT PROVIDED IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE;
THE PRODUCTS, WEBSITES, AND SERVICES WILL MEET YOUR REQUIREMENTS;
USAGE OF THE PRODUCTS, WEBSITES, OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY OR SECURE;
THE QUALITY OF ANY CONTENT, PRODUCTS, WEBSITES OR SERVICES;
THAT ANY UPDATES TO THE WEBSITE, PRODUCTS, OR SERVICES WILL BE MADE, OR ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED.

YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR ANY CONSEQUENCES INCURRED BY ACCESSING THE WEBSITE, USING THE PRODUCTS OR SERVICES, OR IN ANY OTHER WAY INTERACTING WITH VerifiScan, INCLUDING BUT NOT LIMITING TO ASSUMING ALL RISK AND ALL LIABILITY, AND TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT VerifiScan IS AN INTERMEDIARY BETWEEN YOU AND THE DATA PROVIDER AND YOU AND ANY END USER, AND THAT ANY INFORMATION CONTAINED IN THE PRODUCTS, WEBSITES OR SERVICES HAS BEEN PROVIDED TO VerifiScan BY THE DATA PROVIDER, YOU, AND THE THIRD PARTY END USERS. ACCORDINGLY, VerifiScan EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS IN CONTENT OR INFORMATION, AND THE RESULTS OF OF ANY ERRORS IN CONTENT OR INFORMATION PROVIDED TO VerifiScan, INCLUDING, BUT NOT LIMITED TO, THE INACCURACY OR INCOMPLETENESS OF ANY CREDIT REPORTS, CREDIT SCORES, QUOTES, OFFERS AND ANY OTHER TERMS PROVIDED, THE AVAILABILITY OR LEGALITY OF ANY OFFERS MADE FROM ANY THIRD PARTIES, OR ANY OTHER TECHNICAL INACCURACIES OR TYPING ERRORS.

YOU FURTHER AGREE THAT NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES OR ANY KIND HAVE BEEN MADE TO YOU OUTSIDE OF THESE TERMS AND CONDITIONS, THE ADDITIONAL TERMS, OR PRIVACY POLICIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM VerifiScan, AND/OR ITS AGENTS, EMPLOYEES, OFFICERS, CONTRACTORS, OR OTHER RELATED PARTIES CREATE ANY WARRANTIES OR GUARANTIES BETWEEN YOU AND VerifiScan. NOTHING CONTAINED IN THIS SECTION AFFECTS WARRANTIES WHICH ARE NOT DISCLAIMABLE IN YOUR JURISDICTION.

LIMITED LIABILITY

UNDER NO CIRCUMSTANCES WILL VerifiScan, ITS EMPLOYEES, AGENTS, CONTRACTORS, OR OTHER RELATED PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY CLAIM, OR ANY OTHER CLAIM AVAILABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES AVAILABLE, RELATED TO OR ARISING IN ANY OUT WHATSOEVER OUT OF ACCESS TO, USAGE OF, OR RELIANCE ON ANY PRODUCTS, WEBSITES OR SERVICES PROVIDED BY VerifiScan, EVEN IF VerifiScan HAS BEEN ADVISED REGARDING THE POSSIBILITY OF SAID DAMAGES. YOUR USE OF THE PRODUCTS, WEBSITES AND SERVICES ARE AT YOUR OWN RISK. THE POTENTIAL CLAIMS AND MATTERS DISCLAIMED BY VerifiScan INCLUDE BUT ARE NOT LIMITED TO:

YOUR INABILITY TO USE OR ACCESS THE PRODUCTS, WEBSITES AND SERVICES, OR THE SERVICES OF ANY RELATED THIRD PARTIES;
ANY FAILURE OF PERFORMANCE OF THE PRODUCTS, WEBSITES AND SERVICES, INCLUDING BUT NOT LIMITED TO TECHNOLOGY ERRORS CAUSED BY THE PRODUCTS, WEBSITES AND SERVICES, AND TECHNOLOGY ERRORS AS A RESULT OF RELATED AND UNRELATED THIRD PARTIES, ANY DELAYS IN TRANSMISSION, ANY COMPUTER VIRUS OR OTHER SYSTEM FAILURE;
ANY FAILURE OF PERFORMANCE OF THE PRODUCTS, WEBSITES AND SERVICES CAUSED OR CONTRIBUTED TO AS A RESULT OF ANY MISTAKES, OMISSIONS, OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM THE USER, ANY DELAY, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, ALTERATION OF, OR USE OF RECORDS, PROGRAMS, FILES, THE PRODUCTS, WEBSITES, OR SERVICES WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TECHNOLOGY FAILURE, THEFT, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PRODUCTS, WEBSITES AND SERVICES
ANY COST ASSOCIATED WITH SUBSTITUTE GOODS OR SERVICES AS A RESULT OF ANY OF THE ABOVE DESCRIBED FAILURES;
ANY COMMUNICATIONS, TRANSMISSIONS, DATA, INFORMATION, OR MESSSAGES PURCHASED OR OBTAINED THROUGH THE PRODUCTS, WEBSITES AND SERVICES;
ANY DELAY, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS, ALTERATION, OF, OR USE OF ANY RECORDS, PROGRAMS, FILES, OR OTHER INFORMATION OF YOUR DATA OR INFORMATION;
COMMUNICATIONS, STATEMENTS, BEHAVIOR, OR CONDUCT OF ANYONE USING THE PRODUCTS, WEBSITES OR SERVICES;
ANY ISSUES OR CLAIMS ARISING OUT OF ANY THIRD PARTY PRODUCTS, WEBSITES OR SERVICES, WHETHER OR NOT THEY ARE RELATED TO VerifiScan
ANY ISSUES OR CLAIMS ARISING OUT OF OR RELATED TO IN ANY WAY THE PRODUCTS, SERVICES, OR WEBSITES.

YOU AGREE THAT YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE PRODUCTS, WEBSITES AND/OR SERVICES IS TO STOP USING THE PRODUCTS, WEBSITES AND SERVICES. IF YOU HAVE CREATED AN ACCOUNT, YOUR SOLE REMEDY IS TO CANCEL AND/OR TERMINATE THAT ACCOUNT.

YOU AGREE THAT IN NO EVENT WILL VerifiScan'S TOTAL LIABILITY EXCEED $10,000 FOR ANY LOSSES, CLAIMS, OR CAUSES OF ACTION OF ANY KIND.

YOU AGREE TO WAIVE ANY AND ALL UNKNOWN CLAIMS, AND YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS, CLAIMS, OR CAUSES OF ACTION REGARDING CLAIMS THAT ARE UNKNOWN, UNSUSPECTED, OR NOT IN EXISTENCE AT THIS TIME, AND IN ACCORDANCE WITH SUCH WAIVER, YOU WAIVE THE REMEDIES WHICH MAY BE AVAILABLE TO YOU UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR," AND ANY CORRESPONDING AND/OR SIMILAR RIGHTS PROVIDED IN OTHER JURISDICTIONS.

IF ANY PARTICULAR LIMITATION OF LIABILITY LISTED ABOVE IS NOT PERMITTED IN YOUR JURISDICTION, THESE DISCLAIMERS MAY NOT APPLY TO YOU. FURTHER, IF ANY OF THE ABOVE DISCLAIMERS IS FOUND TO NOT BE VALID IN ANY JURISDICTION, THE VALIDITY OF THE OTHER DISCLAIMERS IS NOT AFFECTED. IF ANY OF THE ABOVE DISCLAIMERS ARE FOUND TO BE INVALID, VerifiScan'S TOTAL LIABILITY WILL NOT EXCEED THAT ALLOWABLE BY APPLICABLE LAW.

GOVERNING LAWS AND DISPUTE RESOLUTION

You agree that the laws of the State of Ohio, excluding any conflicts of law provisions, will apply to any disputes arising out of any occurrence related to your usage or interaction with the Products, websites, and/or services. All claims related to these Terms and Conditions, the Privacy Policy, any additional terms, or any usage whatsoever of the Products, websites and services will be litigated exclusively in state court or federal court, as appropriate, in Hamilton County, Ohio. Further, you submit to personal jurisdiction in state and federal court in Hamilton County, Ohio, relating to any claims regarding these Terms and Conditions, the Privacy Policy, any additional terms, or any usage whatsoever of the Products, websites and services.

Prior to the initiation of any litigation, or within 30 days after the service of any lawsuit or claim, either party may request mediation of any and all disputes between the parties regarding these Terms and Conditions, the Privacy Policy, any additional terms, or any other disputes governed by these Terms and Conditions as follows: The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation, which shall be conducted under the then current mediation procedures of a registered and licensed mediator and/or mediation agency in Hamilton County, Ohio, which lists civil mediation and/or business mediation as an area in which it performs mediation. This includes but is not limited to court appointed mediators and private mediators. The parties further agree to participate in the mediation process in good faith.

Either party may commence mediation by providing the other party with written notice, setting forth the subject of the dispute, claim or controversy and the relief requested, either prior to the outset of any litigation, or within 30 days after service of any lawsuit or claim by any court or administrative agency. Costs are to be bared by the party initiating the mediation.

The parties further agree that any mediation constitutes a settlement negotiation, and any and all discussions had there, any evidence produced, and any statements made are confidential and inadmissible in any other proceeding, save for the terms and conditions of any settlement agreement entered into by all parties, and only then for the purposes of enforcement of any settlement agreement.

Invocation of this mediation provision, and successful initiation of the mediation will act as a stay on all court proceedings until the mediation is reported as concluded.

INDEMNIFICATION

You agree to defend, indemnify and hold VerifiScan harmless, including its owners, officers, directors, employees, agents, licensors, contractors, subsidiaries, parent companies, and all other related parties, from any and all claims, actions, suits, liabilities, and settlements, including reasonable attorney fees and accounting fees, resulting from for your violation of these Terms and Conditions, or any additional terms. To the extent yourself and VerifiScan are co-litigants in any action, you will not settle any such claim without the express written consent of VerifiScan as is applicable. VerifiScan reserve the sole and exclusive right to control the defense of any matter related to this indemnification provision.

SEVERABILITY AND VOIDABLE PROVISIONS

To the extent any of the above terms are currently or later found to be unenforceable for any reason, those terms are fully severable from these Terms and Conditions, and any and all other terms will remain unaffected. You agree that to the extent any of the above terms are at the time any dispute arises considered unconscionable, or deceptive, said terms are considered void ab initio only as relating to the specific entities and dispute involved.

ENTIRE AGREEMENT AND MISCELLANEOUS

You agree that these Terms and Conditions, as well as any other documents and agreements incorporated by explicit reference herein, including but not limited to any additional terms, and the Privacy Policy, constitute the entire agreement between yourself and VerifiScan. You further agree that no other representations, oral or written, have been relied upon by you in choosing to utilize the Products, websites and services. You further agree that the failure of VerifiScan to act upon any breach of these Terms and Conditions by you does not constitute a waiver of any such rights in the future.

If you believe that your intellectual property rights have been violated, please notify us using the contact information provided below.

CONTACT US

If you have any questions regarding the terms or practices of VerifiScan, please contact us by e-mail at [email protected] or by regular mail at VerifiScan, LLC 128 Sunset Blvd., Suite 1576 New Castle, DE 19720 – Attention Legal