RESERVATION OF RIGHTS
VDA PRODUCTS ACCESS ELIGIBILITY
Eligibility to use VDA Products is not automatic, and all decisions regarding your eligibility to utilize VDA Products are made solely and exclusively in the discretion of Verified Data Analytics, LLC, its affiliated and subsidiary companies, including subsidiaries of affiliated companies, an Iowa Limited Liability Company, (“VDA”). You agree not to contest any eligibility determination made by VDA.
VDA PRODUCTS CONTENT
VDA Products can be provided as a convenient method for authorized users to access documents related to services provided to you by VDA. Either you or VDA may upload documents and materials to a restricted client account through VDA Products functionality, however, you may only upload documents related to requested services to be provided, or services currently provided, by VDA. VDA Products may not be used to back-up ordinary materials or other records maintained by the Client. VDA Products contain a variety of information and content, including (1) copyrighted material, such as information, text, graphics, images, processed data analysis, software, compilations, designs, and graphical interface; (2) trademarks, logos, service marks, and trade identities, whether registered or unregistered (“Trademarks”); and (3) other forms of information and intellectual property of VDA (“Content”).
VDA PRODUCTS AVAILABILITY
While we strive to keep the Content of VDA Products accurate, complete and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content is accurate, complete or applicable to you. VDA does not guarantee uninterrupted or error-free operation of VDA Products or any portion thereof and will use reasonable efforts to maintain its operation and availability.
SCOPE OF USE
You agree to use VDA Products solely for lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances, and the like applicable to your use of VDA Products. We grant you a non-exclusive, non-transferrable, revocable, limited license to view, download, copy, and print Content retrieved from VDA Products only for your personal use. Any unauthorized use of any Content from VDA Products may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
ACCURACY OF YOUR INFORMATION
You will access VDA Products with your User ID, password, and other credentials and you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to VDA Products. You agree to provide true, accurate, current and complete information requested by VDA.
You agree to accept responsibility for all activities that occur under your User ID and password. You are responsible for maintaining the confidentiality of your password, and for restricting access so that others may not access your VDA Products under your User ID and password. You agree to immediately notify VDA of any unauthorized use of your User ID or password or any other breach of security which may affect your VDA Products. We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.
DISCLAIMER OF WARRANTIES
You understand and agree that VDA Products and all Content on it is provided on as “As Is,” “As Available” basis and without warranties of any kind, either express of implied. VDA expressly disclaims all warranties, representations, and undertakings of any kind, whether express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
LIMITATION OF LIABILITY
You agree that VDA is not liable to you for any loss or damages of any kind, including, any direct, indirect, special, incidental, exemplary, punitive, consequential or economic damages, whether based in tort, contract, strict liability, or otherwise, including any loss or damages arising out of or in any way connected with or relating to your use of VDA Products, or with the delay or inability to use VDA Products, or for any information, content, products, and/or services obtained through VDA Products.
PAYMENT FOR VDA PRODUCTS
You understand that use of the VDA Products may result in charges to you for the services or goods you receive (“Charges”). Verified Data Analytics, LLC will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges.
Charges paid by you directly or through an escrow account are final and non-refundable, unless otherwise determined by Verified Data Analytics, LLC, upon request.
As between you and Verified Data Analytics, LLC, Verified Data Analytics, LLC reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of VDA Products at any time in Verified Data Analytics, LLCs sole discretion. Further, you acknowledge and agree that Charges may increase substantially during times of high demand. Verified Data Analytics, LLC may use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred regardless of your awareness of such Charges or the amounts thereof. Verified Data Analytics, LLC may from time to time provide promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the VDA Products, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the VDA Products or the Charges applied to you. Verified Data Analytics, LLC may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers with a transaction fee collected by Verified Data Analytics, LLC, and Verified Data Analytics, LLC will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider.
MODIFICATION OR SUSPENSION OF VDA PRODUCTS ACCESS
VDA reserves the right, in its sole discretion, to modify or discontinue VDA Products, or any portion of VDA Products, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to VDA Products or any portion of VDA Products.