TERMS OF SERVICE

EFFECTIVE DATE: OCTOBER 1, 2024

Carefully review these Terms of Service (“Terms”) each time you visit this Website (“We,” or “Site,”) and if you do not agree to these Terms, you are not authorized to access or use the Website, utilize its services, and you shall not access or otherwise use the Website. We reserve the right to modify these Terms at any time and for any reason in our discretion without notice to you, except posting on these Terms. Your continued use of the Website thereafter constitutes your acknowledgement and consent to any and all modifications.

CLASS ACTION LIMITATIONS AND BINDING ARBITRATION CONTRACTUAL PROVISIONS ARE INCLUDED HEREIN.

  1. SERVICES.  This Website offers a free-to-use service that collects and passes the information you affirmatively provide on our forms to third-parties who may secure products, goods, and services for you that you have requested or are related to your request (“Third-parties”). Providing your information on this Website does not guarantee that you will be connected with a service provider or qualify for any goods or services displayed on this Website and we make no guarantees. The owners and operators of this Website are not service providers, brokers, or representatives for any third-party whose products may appear on this Website and therefore, we do not endorse, recommend, or warrant any goods or services.
  2. CONSENT TO SHARE INFORMATION WITH 3RD PARTIES BY EMAIL, PHONE, AND SMS.   When you submit your information on this Website’s forms, you acknowledge and agree that we are passing (or “sharing”) your information to advertisers, marketers, networks, and service providers who may secure products, goods, and services for you. These third-parties may store and access this information to process your requests and potentially offer you good and services. By providing your information and allowing us to share that information, you are expressly requesting to be contacted by our Website and these third-parties listed herein via electronic mail, telephone (phone call or sms), and/or direct mail to assist with your request or present you additional related offers which may be of interest. By submitting a request through this Website, you are providing express written consent to be contacted by this Website, its owners and operators, and marketing partners who we pass your information to, by: (1) Telephone, at the number you have provided, whether landline or cellular, even if your telephone phone number is on any Federal or State “Do Not Call” list at the time of submitting your information; You also expressly consent and agree pursuant to the Telephone Consumer Protection Act (“TCPA”) to receive pre-recorded calls, ringless voicemail messages, and/or calls made with an automatic dialing system from Validateem.com; (2) Electronic-mail at the email address you provide; and (3) SMS messaging to the mobile phone number that you provide, in which case data and messaging rates may apply. Your consent to receive marketing telephone calls and SMS is not required to use the Website’s services.
  3. LINKS TO 3RD PARTY WEBSITES.   The owners and operators of this Website are not responsible for the information practices, security measures, and privacy practices maintained by Websites linked to or from our Website as we are not associated with such third-party Websites and have no control over their processes. Generally, links to third-party Websites will have information, privacy, and security practices which differ substantially from our Website and therefore you are advised to thoroughly review the Privacy Policies and Terms of Service of these Websites prior to providing any of your information. The existence of such links to third-party Websites should in no circumstance be considered an endorsement or recommendation of those Websites or any services offered through those Websites.
  4. INTELLECTUAL PROPERTY.  All software, design, text, information, content, data, databases, images, photographs, illustrations, audio and video clips, artwork, graphic material, or other copyrightable elements (collectively, “Content”) are the property our Website and/or our subsidiaries, affiliates, assigns, licensors, vendors, partners, or other respective owners and are fully protected, without limitation, pursuant to copyright laws. No Content on this Website may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast, or circulated without our express prior written consent of this Website. This Website and all its related logos (collectively, “the Trademarks”) constitute our trademarks and service marks. Other company, product, and service names and logos used and displayed on this Website may be trademarks or service marks owned other third-parties. You may not use, copy, display, distribute, modify, or reproduce any of the trademarks found on this Website without our express prior written consent. Any unauthorized use of content or trademarks constitutes a breach of these Terms. All right, title, and interest in and to the Website, any content thereon, our Services, the technology related to our Services, and any and all technology and any content created or derived from any of the foregoing is our exclusive property and nothing on this Website or these Terms is intended to provide any authorization or consent to its such use.
  5. INDEMNIFICATION.   You agree to indemnify, defend, and hold this Website and its owners and operators harmless from and against any and all third party actions, suits, claims and/or demands and any associated losses, expenses, damages, costs, and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your request or submission of information, use or misuse of any aspect of the Services or Website, or your violation of these Terms. You are required to reasonably cooperate in the defense of any such claim or demand. We and any third party involved in creating, producing or delivering the Website or Services reserves the right, at our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without our prior written consent and any such third party.
  6. DISCLAIMER OF WARRANTIES.  THIS WEBSITE, OUR SERVICES, AND ALL ASPECTS PROVIDED ARE PROVIDED “AS IS” “WITH ALL FAULTS”, “AS AVAILABLE,” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER IMPLIED OR STAUTORY. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND THIRD PARTY AFFILIATES (COLLECTIVELY, THE “PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE WEBSITE, SERVICES, ANY DOCUMENTATION PROVIDED OR MADE AVAILABLE TO YOU, AND ANY OTHER SERVICES AND RELATED MATERIALS AND SERVICES PROVIDED TO YOU BY ANY OF THE PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND WORKMANLIKE EFFORT; (2) THE QUALITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR SERVICES OR ANY ASPECT THEREOF; (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE WEBSITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY PARTY; AND (5) THAT ACCESS TO OR USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE WEBSITE OR SERVICES IS AT YOUR OWN RISK AND THE PARTIES MAKE NO WARRANTIES.
  7. LIMITATION OF LIABILITY.   YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THIS WEBSITE AND ITS SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL THIS WEBSITE AND ITS OWNERS AND OPERATORS BE HELD LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS, OR DELAYS IN THE OPERATION OR TRANSMISSIONOF SERVICES, OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE WEBSITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL THIS WEBSITE, AND ITS OWNERS, DIRECTORS, OFFICERS, OPERATORS, AND EMPLOYEES, BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN CONNECTION WITH THE WEBSITE OR SERVICES, THESE TERMS, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  8. PRIVACY POLICY.   Our Privacy Policy is incorporated into, subject to, and made part of these Terms and can be viewed by accessing the Privacy Policy link on this Website.
  9. SEVERANCE.  These Terms operate to the fullest extent permissible by law and if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms shall remain in full force and effect. The headings used in the Terms are intended for convenience only and shall not affect the drafting or interpretation hereof or thereof.
  10. NO WAIVER OF TERMS.   Our failure to enforce any provision of these Terms shall in no way be construed as a waiver of such or any future provision.
  11. CHOICE OF LAW.  These Terms and their interpretation, performance, and enforcement shall be construed in accordance with the laws of the State of Nevada, except for any conflict or choice of law principle thereof that would lead to the application of another jurisdiction's laws to the rights and duties of the parties. You and this Website intend for the laws of the State of Nevada to apply in any dispute or legal proceeding. Any claim you may have against the Website must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred and waived.
  12. CLASS ACTION WAIVER.  TO THE EXTENT PERMISSIBLE BY LAW, YOU AND WE (COLLECTIVELY, THE “PARTIES”) AGREE TO WAIVE ANY RIGHT TO PURSUE DISPUTES OR LEGAL CLIAMS ON A CONSOLIDATED OR CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU HEREBY ACKNOWLEDGE THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THIS WEBSITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
  13. BINDING ARBITRATION.   YOU AND WE (COLLECTIVELY, THE "PARTIES") AGREE TO SUBMIT ANY DISPUTE OR LEGAL ACTION ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEBSITE TO BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN LAS VEGAS, NEVADA, RATHER THAN A PROCEEDING IN A COURT OF LAW. ANY AND ALL DISCOVERY SHALL BE COMPLETED WITHIN ONE-HUNDRED AND TWENTY (120) CALENDAR DAYS FOLLOWING THE APPOINTMENT OF AN ARBITRATOR. THE PARTIES SHALL BE ENTITLED TO REPRESENTATION BY COUNSEL, TO APPEAR AND PRESENT WRITTEN AND ORAL EVIDENCE AND ARGUMENT AND TO CROSS-EXAMINE WITNESSES PRESENTED BY THE OTHER PARTY, PROVIDED THAT, WHERE APPROPRIATE, THE ARBITRATOR MAY RECEIVE TESTIMONY VIA TELEPHONE, VIDEO, OR OTHER ELECTRONIC MEDIUMS OF COMMUNICATION. THE ARBITRATION AWARD SHALL BE ISSUED IN WRITING AND THE ARBITRATOR SHALL PROVIDE WRITTEN REASONS AND JUSTIFICATIONS FOR THE AWARD. THE ARBITRATION SHALL BE BINDING, MEANING THAT THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES HERETO AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PREVAILING PARTY IN ANY ARBITRATION PROCEEDING TO ENFORCE ITS RIGHTS HEREUNDER SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEYS' FEES AND OTHER REASONABLE COSTS, INCLUDING FEES OF THE ARBITRATOR AND THE AAA, INCURRED IN THE ACTION OR PROCEEDINGS, NOT TO EXCEED TWENTY- FIVE THOUSAND DOLLARS ($25,000.00). IN NO EVENT SHALL THE ARBITER AWARD PUNITIVE OR EXEMPLARY DAMAGES. THE PARTIES SHALL WAIVE ANY RIGHT THEY MAY HAVE TO AN APPEAL OF THE ARBITRATOR'S DECISION AND/OR AWARD. EACH PARTY RETAINS THE RIGHT TO SEEK JUDICIAL ASSISTANCE: (A) TO COMPEL ARBITRATION, (B) TO OBTAIN INTERIM MEASURES OF PROTECTION PRIOR TO OR PENDING ARBITRATION, (C) TO SEEK INJUNCTIVE RELIEF IN THE COURTS OF ANY JURISDICTION AS MAY BE NECESSARY AND APPROPRIATE TO PROTECT THE UNAUTHORIZED DISCLOSURE OF ITS PROPRIETARY OR CONFIDENTIAL INFORMATION; (D) FOR ANY CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIS WEBSITE'S COPYRIGHT, TRADEMARK, OR TRADE SECRETS; AND (E) TO ENFORCE ANY DECISION OF THE ARBITRATOR, INCLUDING THE FINAL, BINDING AWARD. IF ANY AAA RULE CONFLICTS WITH THESE TERMS OR THIS SECTION, THESE TERMS AND THIS SECTION SHALL CONTROL.
    BY AGREEING TO BINDING ARBITRATION, YOU AGREE THAT THE PARTIES ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY IN ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ANY PARTY TO THE ARBITRATION MAY AT ANY TIME SEEK INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION.
  14. MODIFICATION.   We reserve the right, in our sole discretion, to modify these Terms at any time. Changes to these Terms will become effective immediately upon the posting thereof. Please review these Terms often to keep yourself apprised of any changes. Your continued use of the Website following the posting of changes will constitute your acceptance of the revised Terms.
  15. USE OF THE WEBSITE.   By accessing and using this Website, you acknowledge and represent that you are over the age of eighteen (18) and that you are able to form a binding, legal contract as this Website is not intended for use by consumers under this specified age. You further acknowledge, represent, and warrant that all information you provide through the Website and its forms are accurate and your own. You agree not to use the Website for any unlawful or prohibited purposes and in accordance with these Terms. We reserve the right, in our sole and absolute discretion to restrict, in whole or in part, your use of the Website at any time, with or without notice for any or no reason. We reserve the right and may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. Lastly, this Website is not intended for use outside of the United States and is controlled and operated from the United States and is not intended to subject foreign jurisdiction or foreign laws.
  16. CONTACT.   For questions and concerns, please contact us here: support@validateem.com