This is a legal agreement between you, the end user and purchaser ("Client"), and Ethics Unlimited, LLC (“EU”) doing business as Verify Comply. By accepting this Web Service License, you are agreeing to become bound by the terms and conditions set forth below. If you do not want to be bound by these terms and conditions, do not use EU’s services.
Web Service shall mean applications running on EU servers that are used by you to fulfill a business need. Documentation shall mean all of the printed materials or electronic information or data supplied by EU.
EU agrees to grant you a non-exclusive and non-transferable license to use the contracted Web Service subject to fulfilling the agreed payment terms on an ongoing basis. You may only use this service for the business specified at purchase time. The business specified at purchase time shall not compete with, redistribute, or resell the Web Service in any way. EU does not allow you to copy, modify, decompile, adapt, translate or distribute the screens and business logic that comprise the web service or its documentation, or create derivative works based upon the service, the underlying data, or its documentation. All rights not specifically granted in this Agreement are reserved by EU.
EU agrees to permit the upload of up to a total of two lists which may consist of either two lists of individuals, two lists of entities, or one list of entities and one list of individuals. Each list may contain up to 50,000 records. EU agrees to permit the use of up to five named users per account. EU employs the use of geofilters for heightened security. Users outside of the US may not be able to access the Web Service. EU will attempt to trouble shoot international access issues but does not guarantee that users outside of the US will be able to access the Web Service. Any deviations from these terms require prior written consent by EU and will result in additional fees.
To protect the integrity of the service, EU reserves the right to only allow bulk scans during off-peak periods and/or impose volume limits.
EU is not responsible for validation of any potential matches found by the Web Service.
EU reserves the right to change or modify the Terms of Use at our sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting by EU. For any material changes to the Terms, EU will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Use.
Client shall pay Service Provider as follows in a lump sum (the "Fees"): Portal Pro Base Fee of $39.95 per month. Additional requested services (e.g. Custom Reports, Custom Databases, Additional User License (over 5), Additional List (over 2), DeepScan, Provider Watch, Custom Programming, Audit Support, Social Security Death Index Searches) will result in additional fees.
30-day pass subscribers will be charged a Base Fee of $99.95 for 30 days of access to Portal Pro.
Fees will be billed to the payment method listed on the account. Credit Card is the accepted form of payment for monthly invoicing. Client may pay Fees by traditional paper check via annual invoice (pre-paid annually). Invoices will be emailed and are also accessible within Portal Pro. Payment must be received by Service Provider within 30 days of invoicing. Failure to pay Fees may result in immediate deactivation of Portal Pro. Alternatively, in lieu of deactivation, EU may require Client to convert from monthly to annual payments.
In the event Client requires EU to use an accounts payable procedure which does not support EU’s automated billing, EU may terminate services or may charge additional service fees.
EU shall not be liable to Client or any other person for any special, consequential, indirect or other similar damages or claims including loss of profit, or any other commercial damage caused or imagined to have been caused directly or indirectly by the use, or the inability to use, the Web Service. EU specifically disclaims all other warranties, expressed or implied. EU makes no representations or warranties with respect to the merchantability or fitness of the Web Service for any particular purpose, business or application. Implied warranties of merchantability are expressly and specifically disclaimed. EU’S AGGREGATE LIABILITY TO THE CLIENT, ITS AFFILIATES, OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT SHALL IN NO EVENT EXCEED THE FEES PAID BY THE CLIENT DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. CLIENT ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF EU WERE TO ASSUME ANY FURTHER LIABILITY. EU HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE CLIENT WITH THE RIGHTS TO ACCESS AND USE THE WEB SERVICE PROVIDED FOR IN THIS AGREEMENT.
You agree to defend, indemnify, and hold harmless EU, EU's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of the Web Service License or your access to or use of the EU services. The foregoing indemnification obligation shall survive termination of the Web Service License and the operation of the EU services or any product or service provided to you arising out of or relating to your use of the EU services.
Any action brought to enforce this agreement or, in connection with, any matters related to the Web Service License shall be brought only in either the state or Federal Courts located nearest Austin, Texas, and Client expressly consents to the jurisdiction of said courts.
EU reserves the right to modify and/or enhance the Software running the Web Service and its Documentation without obligation to notify any person or organization of such changes.
To be eligible for a refund, cancellations must be requested within the earlier of: 5 days of the original purchase date; or before the first 100 searches are completed. EU only issues refunds to the payment method used at the time of checkout. A refund will result in an immediate deactivation of the account, and all search history will become inaccessible. To initiate a refund, please log in and submit the form on the Support Request section of this website.
EU requires that all subscription services be maintained for 6 months or an early termination fee will be assessed. The early termination fee for a Portal Pro subscription is equal to the number of months left in the 6-month term times the amount of the current advertised monthly subscription rate. To cancel at or after 6 months, either party must provide 30 days written notice to the other party. Cancellation notices can be submitted to Verify Comply by emailing cancellations@verifycomply.com or by submitting a Cancellation Request from the Verify Comply Dashboard. No cancellation requirements or termination fees apply to 30-day pass users.
EU reserves the right to cancel services with no notice if, in EU’s determination, Client is found in breach of these Terms of Service or Client not using the Web Service for its intended purpose.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Ethics Unlimited, LLC.