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Terms of Use

Last Updated: May 27, 2024

IMPORTANT: PLEASE REVIEW THESE TERMS & CONDITIONS OF USE BEFORE ACCESSING, USING, OR SUBMITTING ANY INFORMATION ON RECHECK.CO, along with all subdomains (COLLECTIVELY, THE “WEBSITES”).

These Terms & Conditions of Use (the “Terms” or “Agreement”), together with our Privacy Policy, which is incorporated herein by this reference, represent the legally binding agreement between you and Recheck, LLC, and its operating entities (the “Company”, “Recheck”, “We”, “Us”, and “Our”). These Terms govern your access of and use of all services and materials provided by Company, including without limitation the services and materials provided on Recheck.Co (“Services and Materials”).

THE COMPANY IS WILLING TO LICENSE OR ALLOW THE USE OF THE WEBSITES AND THE SERVICES AND MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT. IF YOU DO NOT AGREE WITH THE ENTIRETY OF THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR USE THIS WEBSITES AND/OR THE SERVICES AND MATERIALS, AND YOU ARE HEREBY INSTRUCTED TO EXIT THE WEBSITES IMMEDIATELY. ANY UNAUTHORIZED USE OF THE WEBSITES AND THE SERVICES AND MATERIALS ARE EXPRESSLY PROHIBITED. We may update or modify these terms by posting such update or modification on the Site, or by other means as required under applicable law. Any such change, update, or modification will be effective immediately upon posting on the Site. If you do not agree to the new changes, you must stop using the Websites.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

Table of Contents

  1. Users; Use of the Website
  2. Fair Credit Reporting Act
  3. Arbitration
  4. Class Action Waiver
  5. Forum Selection
  6. Legal Age Requirement & User Obligations
  7. License Grants
  8. Restrictions
  9. Privacy Policy
  10. Proprietary Rights
  11. Enforcing Security on The Site
  12. Links To Other Sites
  13. Performance & Disclaimers
  14. Limitation Of Liability
  15. Indemnity
  16. Governing Law
  17. Term & Termination
  18. Waiver & Severability
  19. Electronic Signature
  20. Entire Agreement
  21. Contact Information

  1. Users; Use of the Website

    1. Users

      These Terms apply to individual users of Recheck.co registering for a Recheck ID. Corporate users of the Recheck Registry should refer to the Cloud Services Agreement for the terms applicable to their use of Recheck’s Services and Materials.

    2. Use of the Website

      Recheck is a professional registry. By registering on Recheck.co, you are agreeing to become part of the Recheck Registry, a database of solar professionals. You will be issued one Recheck ID after completing your registration. You will only be issued one Recheck ID, which will not be modified or re-issued. You agree that once registered with Recheck, you will not be able to delete or remove your Recheck ID or any of your associated data from the Recheck Registry, subject to conditions described in Section 2 of this Agreement.

      By accessing this Website and registering for a Recheck ID, you acknowledge and agree that Recheck will share your Recheck ID and all associated data and Report Information (as defined below) with Recheck’s customers and partners (“End Users”) at Recheck’s discretion.

      You acknowledge and agree that Recheck is not responsible for any actions or decisions made by any End Users or other third parties with whom you have agreed to share your Report Information.

  2. Fair Credit Reporting Act

    You authorize Recheck and its service providers to use the information you provide to us for purposes of producing employment and background reports on you (“Report Information”). You agree that Recheck has no obligation to monitor or edit the information you submit to us and that you are solely responsible for the completeness and accuracy thereof.

    The following provisions apply only to the extent Recheck offers employment and background reports which meet the definition of “consumer reports,” as defined by the Fair Credit Reporting Act (“FCRA”), and related documentation.

    1. Developing Consumer and Background Reports

      You understand and agree that by establishing an account with Recheck you authorize Recheck and its service providers to obtain and prepare consumer reports on a recurring basis. You further agree and acknowledge that Recheck may collect information about you from third parties, including Recheck’s customers and partners, and incorporate that information into the Recheck Registry. Please refer to Recheck’s Privacy Policy for other information about how Recheck may collect, store, and use your data. You understand and agree that Recheck and its service providers may, from time to time, provide products, services, features and/or functionality to you, and that they shall be offered pursuant to the same authorization that you provided to Recheck for Recheck to obtain and prepare your employment and background reports on a recurring basis to provide them to you to review while you have an account with Recheck.

    2. Furnishing Report Information

      The Service and Materials allow you to: (1) request a copy of your Report Information, and (2) authorize the sharing of your Report Information with End Users.

      You agree and acknowledge that Report Information may be used by End Users you authorize to receive Report Information to make employment decisions about you. If you have questions about specific employment decisions, you should contact your employer or potential employer directly.

    3. FCRA Disclosures

      The FCRA provides that you may obtain a copy of all of the information in your file from any consumer reporting company for a reasonable charge. By requesting a copy of your file, you further acknowledge receipt of and certify that you have reviewed and fully understand the following three statutory notices:

      The FCRA provides that you are entitled to receive a copy of all the information in your file directly from the consumer reporting company free of charge under the following circumstances:

      • You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such company.
      • You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a consumer report provided by such company.
      • You certify in writing that you are a recipient of public welfare assistance.
      • You certify in writing that you have reason to believe that your file at such consumer reporting agency contains inaccurate information due to fraud.
      • You certify in writing that are unemployed but expect to apply for employment with sixty (60) days.

      In addition, if you are a resident of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you may receive one free copy of your consumer report each year. If you are a resident of Georgia, you may receive two free copies of your consumer report each year. Otherwise, a consumer reporting company may impose a reasonable charge for providing you with a copy of your consumer report.

      The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian Credit Bureau, Equifax, and TransUnion) once every 12 months through a central source. Recheck’s Services are not related to the free FCRA disclosure that you are or may be entitled to.

    4. Inaccuracies

      If data associated with your Recheck ID data is inaccurate, We will either correct the inaccurate data or delete the inaccurate data in accordance with this Section 2(d). The FCRA permits consumers to dispute inaccurate information in their consumer report without charge. Accurate information cannot be changed. If you believe that your Report Information contains inaccurate or fraudulent information, it is your responsibility to contact Recheck. You may contact Recheck at support@recheck.co or (802) 300-3661.

    5. No Credit Repair

      Recheck offers access to your Report Information. Recheck is not a credit repair organization and is not offering to sell, provide, or perform any service to you for the express or implied purpose of either improving your credit record, credit history, or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history, or credit rating.

  3. Arbitration

    PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. SUBJECT TO THE TERMS OF THIS SECTION, YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS (AS THAT TERM IS DEFINED BELOW) THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND THE COMPANY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT.

    Except where expressly provided below, you and the Company agree that all claims, disputes or controversies between you and the Company, its parents, affiliates, subsidiaries, related companies, predecessors in interest, successors or assigns and any and all of their respective directors, officers, employees and contractors, that have arisen or may arise, shall be resolved by the final and binding arbitration procedures and terms set forth in this section. This arbitration provision is intended to be broadly interpreted. Without limiting the foregoing, the parties agreement to arbitrate includes, but is not limited to, all claims, disputes or controversies relating to (i) the Websites, the Services and Materials, (ii) the display of information about you on the Websites and Services and Materials, (iii) any transaction or relationship between us resulting from your use of our Websites, the Services and Materials, or communications between us, (v) the issue of arbitrability, including the interpretation, applicability, enforceability, or formation of this arbitration agreement, whether any of the aforementioned claims arise in tort, contract, federal, state or local statute, law, order, ordinance, regulation or other basis, and whether such claims arose prior to your agreement to these Terms or may arise after your termination of your use of the Website or Services and Materials (all collectively “Claims”).

    BY AGREEING TO THIS ARBITRATION PROVISION, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In the arbitration provided for in this provision, a dispute is resolved by a neutral arbitrator, rather than by a judge or jury. ANY CONTROVERSY CONCERNING THE VALIDITY, ENFORCEABILITY, REVOCABILITY AND SCOPE OF THIS AGREEMENT TO ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER, INCLUDING ENFORCEMENT OF ANY RESULTING AWARD, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).

    The following procedures shall apply to any arbitration conducted under this section:

    A. Negotiate First. In the event a party wishes to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail and shall describe in such notice (“Notice of Dispute”), with reasonable particularity, the nature and basis of such Claim and the total amount of the Claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a Claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the Claim. If the parties are unable to resolve the dispute arising from the Claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein. This is a mandatory requirement prior to initiating any arbitration proceeding.

    B. Arbitration Rules. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available onlinewww.adr.org.

    C. Location. Unless otherwise agreed, the arbitration shall take place in New Hampshire, but may proceed telephonically if both parties agree.

    D. Cost Sharing. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The Company will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator may award reasonable documented attorneys' fees to the party that ultimately prevails.

    E. Arbitrator’s Decision. The arbitrator will decide the substance of the Claims in accordance with the laws of the State of Delaware, regardless of choice of law principles. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the laws that apply to the Claims except as limited by the provision above requiring that claims be adjudicated on an individual basis. The arbitrator’s award shall be final and binding, and judgment upon any award rendered by the arbitrator may be entered by a court of competent jurisdiction.

    Exceptions

    A. Small Claims. Notwithstanding the foregoing, either party may choose to pursue their Claims in small claims court (rather than arbitration) where jurisdiction and venue over the Company and you are proper, and where the claim does not include a request for any type of equitable relief, and so long as the matter advances on an individual (non-class) basis.

    B. Temporary or Preliminary Injunctive Relief. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in court. The proceeding shall be limited to determining the appropriateness of preliminary or injunctive relief only and only with respect to the claim for which such relief is sought. Any decision rendered by the court shall then be subject to review by the arbitrator should the seeking party pursue permanent injunctive relief or other Claims in arbitration.

    Arbitration Opt-Out

    Agreeing to this arbitration is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this arbitration provision, you may opt out. To do so send a written notice of your decision to opt out to the address set forth below. The opt-out notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number and email address(es) used to register with or use the Website or the related Services and Materials, as well as the name, address, phone number and email address(es) of any person for whom you are opting out as their agent. You and any persons for whom you are opting out as an agent on their behalf must sign the opt-out notice for it to be effective.

    The required opt out must be sent within thirty (30) days of your first use of the Website. Any opt-out not received within the applicable thirty (30) day period set forth above will not be valid.

    If you opt-out of the agreement to arbitrate, you and the Company agree that any Claims will be resolved by a state or federal court located in Grafton County, New Hampshire pursuant to these Terms. Further, if you opt out of the agreement to arbitrate, you will remain bound by the separate Class Action Waiver set forth below.

    Administration of Coordinated Arbitrations

    If 10 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (whether such cases are pursued simultaneously or not), all the cases must be resolved in staged proceedings. You agree to this process even though it may delay the arbitration of your claim. In the first stage, claimants’ counsel and the Company will each select a single case to proceed in arbitration and be resolved individually by different arbitrators. In the meantime, no other cases involving the same or similar subject matter may proceed in arbitration, and the parties will jointly request that the AAA to not assess or demand payment of fees for the remaining cases or administer or accept the remaining cases. After the first stage is completed, the parties must engage in a single mediation of all remaining cases, and the Company will pay the mediation fee. If any cases remain after this second stage, the process will be repeated until all claims are resolved.

    This Section concerning Coordinated Arbitrations and each of its requirements are intended to be severable from the rest of this arbitration provision. If, after exhaustion of all appeals, a court decides that the staging process in this Section is not enforceable, then the cases may be filed in arbitration and the payment of AAA Fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when arbitrations are initiated.

  4. Class Action Waiver

    Separate and apart from the agreement to arbitrate set forth above and to the maximum extent permitted by law, the parties hereby independently waive any right to bring or participate in any class action, private attorney general action, or other representative action, however denominated, in any way for any Claims against the other.

    YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

  5. Forum Selection

    Unless you and the Company agree otherwise, to the greatest extent permitted by law, the state and federal courts in Grafton County, New Hampshire will have exclusive jurisdiction over any disputes that are not subject to arbitration or actions to enforce any arbitration award (except for disputes brought in small claims court). You and the Company consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or venue in those courts, or any other basis or right to seek to transfer or change venue to another court.

  6. Legal Age Requirement & User Obligations

    By installing, accessing, or using this Website you hereby represent that you are at least 18 years of age - or the legal age of majority in your permanent jurisdiction of residence. The Company reserves the right to request any buyer to provide written proof of age in any form.

    By installing, accessing, or using this Website you hereby represent and warrant that you will, at all times, provide true, accurate, current, and complete information when submitting information to this Website, including, without limitation, when you provide any information to the Company via an email or any registration or submission form found on the Website. If you provide any false, inaccurate, untrue, or incomplete information, the Company reserves the right, in its sole discretion, to immediately and without notice terminate your access to and use of this Website and/or cancel any of your pending purchases or registrations with the Company. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Website and that you are responsible for determining which such laws apply. You also acknowledge and agree that use of the internet and this Website are solely at your own risk. While the Company has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from the Website over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, the Company is not to any degree responsible or liable for the security of any information transmitted via the internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these issues.

  7. License Grants

    Subject to your continued strict compliance with the terms and conditions of this document and subject to the limitations below, the Company provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Website. You may download and print materials and information from the Website solely for your personal use, provided that you do not remove from such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Website shall be determined by the Company in its sole and absolute discretion; (ii) the Company has the right to control and direct the means, manner, and method by which the Website is provided; (iii) the Company may, from time to time, engage independent contractors, consultants, or subcontractors to aid the Company in providing the Website or use thereof; and (iv) the Company has the right to provide the Website to others. In addition, you hereby acknowledge and agree that these Terms provide you with only a limited license to access and use the Website. Accordingly, you hereby acknowledge and agree that the Company transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else under these Terms. The Company hereby reserves any and all intellectual property rights not otherwise expressly granted in these Terms.

  8. Restrictions

    Notwithstanding the foregoing license grants, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Website. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” “crawler” or any other device, program, script, algorithm, or methodology, or any similar or equivalent automated or manual process, to access, acquire, copy, or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website in order to obtain or attempt to obtain any materials, data, pictures, documents, or any other information through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Website, (b) any other systems or networks connected to the Website, (c) any Company server, or (d) to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Company on or through the Website, (viii) use the Website to harvest or collect e-mail addresses or other contact or identifying information in a manner inconsistent with these Terms; (ix) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact the Company; or (x) share your username and/or password.

  9. Privacy Policy

    You hereby understand, acknowledge, and agree that the operation of certain portions of the Website and/or the receipt of certain information or benefits may require the submission, use, and dissemination of certain personally identifiable information. Accordingly, if you wish to access and use those areas of the Website, and/or receive such information or benefits, you hereby acknowledge and agree that your use of this Website will constitute acceptance of the Company’s personally identifiable information collection and use practices. Please see the Company’s Privacy Policy for a summary of the Company’s personally identifiable information collection and use practices. The Company’s Privacy Policy is located at https://recheck.co/privacy-policy/ and incorporated herein by this reference.

  10. Proprietary Rights

    All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by the Company and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in these Terms, the Company does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of this Website may violate intellectual property or other proprietary rights laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. The Website is Copyright © 2024 by Recheck, LLC and/or its licensors. All rights reserved. The Company also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, information, or materials available through this Website and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by the Company and/or its suppliers. Recheck and all other names, logos, and icons the Company, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by the Company, and any use of such marks without the prior express written permission of the Company is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

  11. Enforcing Security on The Site

    Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986, the California Comprehensive Computer Data Access and Fraud Act, or similar applicable state laws or common law theories of liability. The Company reserves the unqualified right to view, monitor, and record activity on the Website without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Website is subject to review by law enforcement organizations in the sole and absolute discretion of the Company. The Company will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, the Company reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Website or any portion thereof.

  12. Links To Other Sites

    The Company may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These other sites have not necessarily been reviewed by the Company and may be maintained by third parties over which the Company exercises no control. Accordingly, by selecting any such links you are proceeding at your own risk and the Company expressly disclaims any responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with use of or reliance on any the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.

  13. Performance & Disclaimers

    Company will use commercially reasonable efforts to deliver the information you requested through the Website; provided, however, you accept all information “AS IS” and “AS AVAILABLE”.

    EXCEPT AS OTHERWISE PROVIDED, THE WEBSITE, THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE WEBSITE. MOREOVER, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXCEPT AS PROVIDED ABOVE, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE WEBSITE. THE REPRESENTATIONS AND PRODUCT DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLE WHERE PROHIBITED BY LAW, INCLUDING NEW JERSEY.

  14. Limitation Of Liability

    Neither the Company, nor its subsidiaries and affiliates, nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, the Company, its subsidiaries and affiliates, and its data providers are hereby collectively referred to as “Released Parties”) shall be liable to you and you covenant not to sue the Released Parties, for any loss or injury arising out of or caused in whole or in part by the Released Parties' acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the services available in connection with the Company’s Materials and Services. In no event shall the Released Parties be liable for any direct, indirect, incidental, or consequential damages, however arising, incurred by you from receipt or use of information delivered hereunder or the unavailability thereof. The Released Parties do not make any representations or warranties as to the content of Report Information available or accessed through Recheck. You agree that the Report Information that you authorize End Users to access through Recheck is not error-free and may include information that does not pertain to you and the Released Parties are not responsible for liable for any action or decision taken by an End User or third party based on the information provided by Recheck.

    In addition to the above, you expressly absolve and release the Released Parties from any claim of harm resulting from a cause beyond the Released Parties’ reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, pandemics, computer viruses, unauthorized use or access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; AND (D) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE OFFERINGS AVAILABLE ON THE WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, STATUTORY CLAIMS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.

    IN ADDITION, UNLESS OTHERWISE PROHIBITED BY LAW, THE MAXIMUM LIABILITY OF THE RELEASED PARTIES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE GREATER OF ONE-HUNDRED DOLLARS (\$100.00) OR THE AMOUNT, IF ANY, YOU HAVE PAID US IN THE TWELVE MONTHS PRIOR TO THE DATE ON WHICH YOUR CLAIM AROSE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE THIS WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  15. Indemnity

    Upon request by the Company, you agree to defend, indemnify, and hold harmless the Company and its affiliates, their employees, contractors, agents, representatives, shareholders, officers, directors, co-branders, content licensors, data providers and/or other partners from all liabilities, claims, and expenses, including, without limitation, attorney fees that arise from: (a) your use of the Website; and/or (b) your breach of these Terms. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. Notwithstanding anything in these terms to the contrary, this indemnity provision does not apply in New Jersey. The provisions of this section (Indemnity), Section 12 (Performance and Disclaimers) and Section 13 (Limitation of Liability) shall be enforceable by the Company, the Released Parties or other intended beneficiaries directly against you collectively or individually on their respective behalf.

  16. Governing Law

    These Terms have been made in and will be construed and enforced in accordance with the laws of the State of Delaware without regard to its principles of conflicts of laws. This Website is controlled and operated by Recheck from its offices and facilities within the United States. The Company makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited.

  17. Term & Termination

    These Terms will take effect (or shall re-take effect) at the time you click “I ACCEPT” or “I AGREE” or otherwise acknowledge your agreement to these Terms, submit any information through this Website, respond to a request for information, and/or begin installing, accessing, or using the Website, whichever is earliest. The Company reserves the right at any time and without notice to deny you access to the Website or to any portion thereof and to terminate your rights under these Terms, in its sole and absolute discretion. Any benefits, but not obligations, provided to you under these Terms will terminate automatically if you fail to comply with these Terms. Such termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Without limitation, those provisions which by their nature are intended to survive termination of these Terms shall so survive.

  18. Waiver & Severability

    Failure to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by the Company of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by the Company in its sole and absolute discretion that most clearly matches the intent of the original provision, and the remainder of these Terms shall remain enforceable and continue in effect.

  19. Electronic Signature

    You acknowledge and agree that by agreeing to this Agreement electronically you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS OFFERED BY THE OPERATOR OF THE WEBSITE.

  20. Entire Agreement

    No joint venture, partnership, employment, or agency relationship exists between you and the Company as result of these Terms or your utilization of this Website. These Terms, the Company’s Privacy Policy, and any related or associated product purchase, service, or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and the Company with respect to use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to this Website. Be advised that the Company reserves the sole and absolute right to change the terms and conditions of these Terms and the terms and conditions under which this Website and its many offerings are extended to you at any time. Posting the updated Terms on the Website and changing the “Last Updated” date at the top shall constitute notice to you. The Company may choose to provide other types of notice including by e-mailing you, but other such additional forms of notice are not required. In addition, the Company may add, modify, or delete any aspect, program, or feature of this Website. Your continued use of this Website, or the Services and Materials following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of these Terms. Accordingly, please review the Terms found at this location on a periodic basis.

  21. Contact Information

    If you have any questions about these Terms, please feel free to contact us at support@recheck.co.