Last modified on April 19, 2019
Your Acknowledgment and Acceptance of these Terms
We provide a technology vehicle for you to order modeled risk-pool data based on proprietary patterns and metrics identified by us. You acknowledge and agree that we do not offer any warranty regarding the quality and quantity of the data we provide. Without limiting the generality of the foregoing, you acknowledge and agree that, (i) our data is based on proprietary models and generally does not represent actual individualized personal data of any person or group of persons, and (ii) when you order from us you are ordering the modeling data which we have already constructed; we do not perform individualized research into the persons about whom you are inquiring after you query our system. You acknowledge and agree that you are the one deciding to use our platform, making the decision about whom to query our modeling, and analyzing, accepting, or rejecting the data we provide.
The data we provide is non-transferable. You cannot sell or transfer the data we provide to any person for any reason at any time. Your Verikai account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person. We will manage all data provided by Us in accordance with all laws applicable to Us concerning such data.
You agree not to (a) reverse engineer, disassemble, decompile or otherwise attempt to derive any of our software, technology, or the Site, (b) make any of our software or technology available to any third parties, (c) modify, adapt, translate or create derivative works based on our software, technology or the Site, (d) reproduce any portion of the Site, software, or technology, or (e) permit or authorize any person other than you to access our software or your account.
If you ever feel like our Site could be better please let us know how. We certainly appreciate anything you may suggest to make the Site better. If you provide any such feedback or suggestions to Us, We may use all such feedback and suggestions for any purpose. So that we may use and incorporate such feedback or suggestions into the Site, We alone will own all right, title and interest, including all related intellectual property rights, in and to all such feedback or suggestions and you hereby assign all such feedback and suggestions to Us, without any free of charge.
When you sign up on our Site you will provide us with a valid credit or debit card or other payment method acceptable to us and will keep such card active and updated at all times. You agree (i) that we may begin charging you as soon as you begin ordering data from us, and (ii) to pay for all data ordered through our Site, whether or not satisfied therewith. You acknowledge and agree that no charges by us are refundable to you. All non-public pricing terms are confidential, and you agree not to disclose them to any third party. You agree to provide Us with complete and accurate billing and contact information, and to update such information within 10 days of any change.
No Use By Children Under Age 13
All trademarks, logos and service marks displayed on the Site are Verikai’s property or the property of other third parties. You are not permitted to use these Marks without Verikai’s prior written consent. You consent for Us to display your trade and service marks on the Site and identify you as a customer of ours. You acknowledge and agree that We may develop and publish case studies highlighting the main benefits provided to you by Us.
Third Party Links
The Site may contain links to other websites operated by third parties. Such third party websites are not under the control of Verikai. Verikai is not responsible for the content of any third party website or any link contained in a third party website. Verikai provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to access any of the third party websites linked to the Site, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices.
Guarantee, Warranty, and Limitations on Damages
There is no warranty on the accuracy of our data, in part because it is modeled and very well may not represent actual personal information about any specific person. What we will promise is that we’ll do our best to provide the most accurate data concerning the persons about whom you query Us. If we provide data that is inaccurate, although we’ll be deeply sorry, you agree that you can’t hold us liable for it (or the results) legally or morally.
WE PROVIDE THE SITE, OUR SOFTWARE, ITS CONTENT AND OUR SERVICES “AS IS”, WHERE IS, AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. WE ALSO DO NOT GUARANTEE ANY INFORMATION OR DATA PROVIDED TO YOU BY USE, OR ACCESSED THROUGH OUR SITE, OR THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR OUR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THIS SITE AT YOUR OWN RISK.
You release Us and hereby hold Us (and our agents, directors, officers, employees and content providers) harmless from any and all claims, demands, and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, whether or not suit is instituted, arising out of or in any way connected with the Site, or your use hereof or activities hereon (the “Released Claims”). You waive the provisions of any state law limiting or prohibiting a general release and acknowledge that you have read and understand, and expressly waive the benefits of, Section 1542 of the Civil Code of California which provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTION OF THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You agree that We have no liability, whatsoever, for the unavailability of the Site caused by failure on or concerning the Site or lack of maintenance or other work to keep the Site operable. We will also not have any liability for any loss of data or transactions resulting from delays or service interruptions caused by Us, any third party acts or any other web host provider or the Internet infrastructure and network internal or external to the Site.
IN NO EVENT SHALL VERIKAI BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE LESSER OF (i) U.S. $10,000 AND (ii) THE AMOUNTS WHICH YOU HAVE ACTUALLY PAID TO US IN CONNECTION WITH YOUR USE OF THE SITE. THIS LIMITATION MAY NOT BE APPLICABLE IN CERTAIN CIRCUMSTANCES OR CERTAIN STATES.
Intellectual Property Ownership and Confidentiality
You may use the data you get from Us for your underwriting purposes. If someone compels Us by law to identify or provide that data to them, We will use reasonable efforts to alert you of such process if we can as soon as reasonably practical.
If you leave us, We'll miss you dearly but We won’t hold you back. To cancel, just email our Client Happiness team at: ContactUs@Verikai.com and ask us to cancel your membership. We may cancel your membership for any or no reason at any time immediately upon notice to you.
You acknowledge that We have made some effort in compiling our proprietary modeling process and an investment in compiling and presenting data to you and that We have a legitimate interest in earning a reasonable return on that investment. To the fullest extent permitted under applicable law, you agree that during your membership and for a period of twelve (12) months immediately following the termination of your membership with Us for any reason, whether voluntary or involuntary, with or without cause, you shall not attempt, directly or indirectly, to solicit any of our vendors that are known to you.
We are based in the United States of America, and make no claims that We, or our content is appropriate or may be legally accessed, used, or downloaded outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access our Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.