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Verjet’s Terms of Service

  1. Overview and Acceptance of Use
  2. Welcome to Veret! Verjet Inc. (“Verjet”) is a curated wholesale online marketplace connecting Vendors with Retailers, accessible through its websites (collectively, the “Site”). Throughout these Terms of Service (“Terms”), the terms “Verjet”, “our”, “us”, and/or “we” refer to Verjet. The terms “you” and/or “your” refer to any visitor of the Site, including any User (as defined below). These Terms govern your access to and use of the Site and Collective Content (defined below) and constitute a binding legal agreement between you and Verjet.

    Please read these Terms, our Privacy Policy, the Retailer Terms of Service, and Vendor Terms of Service, all of which are incorporated herein by reference and govern your access to and use of the Site. The Site is offered and available sole to users who are 18 or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Verjet and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that party to these Terms and, in such event, “you” and “your” will refer and apply to that party.

    YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE (INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ONTO THE SITE), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. THIS APPLIES WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR COLLECTIVE CONTENT.

    THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE INDIVIDUAL DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU SHOULD THERE BE A DISPUTE. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION SET FORTH IN SECTION 25 BELOW WORKS.

  3. Modification
  4. We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Site or any content, feature or material we provide thereon, or to modify these Terms, at any time and without prior notice, and have no obligation to update any information thereon. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Site to Users. You agree that it is your responsibility to monitor changes to our Site. If we modify these Terms we will post the modification on the Site. By continuing to access or use the Site thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.

  5. Key Definitions
    • “Collective” means, collectively, Verjet Content and User Content.
    • “Content” means text, graphics, images, music, software, audio, video, information, or other materials.
    • “Verjet Content” means Content that Verjet makes available through the Site including any Content licensed from a third party, but excluding User Content.
    • “User” means a person or entity that completes Verjets account registration and Sign-Up process, as described under the “Account Registration and Sign-Up” section below.
    • “User Content” means Content that a User posts, uploads, publishes, submits or transmits to Verjet to be made available through the Site.
  6. Account Registration and Sign-Up
  7. In order to gain access to certain features of the Site or to post User Content, you must create an (“Account”). Verjet offers two types of Accounts. The “Retailer Account” or “Buyer Account” is for Users who purchase products through the Site for resale (“Retailers”). The “Vendor Account” or “Seller Account” is for Users who list products to sell to Retailers through the Site (“Vendor”). Each type of Account allows access to different features of the Site. You can Sign Up or register for an account on verjet.com. During the registration process, you must provide certain information, depending on the type of Account. You agree that all information you provide to register for an Account (and/or for any subsequent activity or interaction with Verjet and the Site), including through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take for your information or information you provide, consistent with our Privacy Policy.

    You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to temporarily suspend or permanently terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password and you agree that you will not disclose it to any third party. You agree that you are solely responsible for any activities or actions under your Account, whether you authorized them or not. You will immediately notify us of any unauthorized use of your Account. We have the right to disable any user name, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

  8. Account Levels
    • Vendor Account. You are required to submit an application and be approved by us to sell on Verjet. The application requires basic information about you and your business. If you are approved, you must submit additional information about your business and where to deposit funds from your sales. For clarity, your use of the Site as a Vendor is subject to the Vendor Terms of Service referenced above.
    • Retailer Account. To place orders for products on the Site as a Retailer, you need to Sign Up on Verjet. A Retailer Account is free of charge. When you sign up as a Retailer, you will be required to submit customary information such as your first and last name and an email address. A Retailer is required to provide payment method information upon their first purchase. You can make sales-tax-free purchases by submitting a Sales Tax Declaration. Additional detail regarding information collected can be found in our Privacy Policy. For clarity, your use of the Site as a Retailer is subject to the Retailer Terms of Service referenced above. You acknowledge and agree that by Signing Up on Verjet as a Retailer, you authorize Verjet and its designated agents to access your personal and business credit history, including obtaining a consumer credit report, for the purpose of evaluating your eligibility for a Net Terms line of credit with Verjet. You further understand that credit inquiries may impact your credit score. By submitting payment details in conjunction with registering for a Retailer Account and/or purchasing goods, you agree to pay for the goods purchased and any applicable taxes and other fees and charges that may accrue, and authorize us to charge the payment method with the information you have supplied to us, and/or to credit such payment method to make any adjustments if necessary. We reserve the right to correct any errors in pricing. We, and the Vendor, have the right to refuse or cancel any order.
  9. Ownership
  10. The Site and Collective Content are each protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and Collective Content, excluding your specific User Content, including all associated intellectual property rights, are the exclusive property of Verjet, its licensors, and/or other providers of such material. Other than expressly stated herein, there are no implied licenses granted under these Terms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Collective Content. Additionally, Verjet is the owner of pending, registered and/or unregistered trademarks, trade dress and trade names appearing on the Site, including the Verjet name and logo, and all related names, logos, products and service names, designs, and slogans. You agree to not use such marks without Verjet’s prior written permission. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

  11. License Granted by Verjet
    • License Grant. Subject to the terms and conditions of these Terms, Verjet grants you: (a) a non-transferable, non-exclusive, revocable, limited license, with no right to sublicense, to use and access the Site, and to view any Collective Content to which you are permitted access sole for the purposes set forth in these Terms; and (b) a limited non-exclusive, revocable, non-transferable license to download and install a copy of the Sign-up/Registration/Application on your device sole in connection with your use of the Site.
    • Restrictions. Except as otherwise stated, the rights granted herein are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site or Collective Content; (b) you shall not copy, reproduce, disseminate, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, stream, broadcast, republish, download, disassemble, reverse compile, reverse engineer, store, post or transmit any of the material or content on our Site; and (c) you shall not interfere with or circumvent any feature of the Site, including any security or access control mechanism, in whole or in part, except as permitted in these Terms. Except as expressly granted in these Terms, no licenses, or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Verjet, its licensors or others. If you violate the rights of Verjet, its licensors, or others, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. All additional rights and remedies are reserved.
  12. License Granted by User
  13. In order to get the most out of the Site, Users can provide or otherwise make User Content available to us for use in connection with the Site. For these purposes, you hereby grant to Verjet a worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use, view, copy, adapt, modify, distribute, publicly display and publicly perform (through any means necessary) such User Content on, through or by means of the Site and/or any of Verjet’s advertising, marketing, publicity or other initiatives or events. Verjet does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content.

    You acknowledge and agree that you are sole responsible for any and all User Content that you make available through the Site. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all such User Content or you have all rights, licenses, consents and releases necessary to grant to Verjet the rights in such User Content as contemplated under these Terms; and (b) neither the User Content or any portion thereof nor your posting, uploading, publication, submission or transmittal of the User Content or Verjet’s use of the User Content (or any portion thereof) on, through or by means of the Site and/or third party platforms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain libelous, misleading, or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, or result in the violation of any applicable law or regulation. You agree that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any posts. You are sole responsible for any User Content you make and its accuracy. Verjet takes no responsibility and assumes no liability for any User Content posted by you or any third party, and you agree to indemnify and hold harmless Verjet per the terms of the Indemnification section herein.

  14. Feedback
  15. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback”). You acknowledge and agree that if you submit any Feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

  16. Reliance on Information Posted
  17. The information presented on or through the Site is made available sole for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site includes content provided by third parties, including materials provided by Users and third party licensors. All statements and opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by Verjet, are sole the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Verjet. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  18. Links to Third Party Websites
  19. The Site may contain links to third-party websites or resources. You acknowledge and agree that Verjet is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the Content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Verjet of such websites or resources or the Content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

  20. Prohibited Uses
    • You agree not to do any of the following

    • Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
    • Use, embed, display, mirror or frame the Site, Verjet’s name, any Verjet trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Verjet’s express written consent or as enabled by features made available by Verjet (you may link to Verjet’s homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to the Site in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms);
    • Access, tamper with or use non-public areas of the Site, Verjet’s computer systems, or the technical delivery systems of Verjet’s providers;
    • Attempt to probe, scan, or test the vulnerability of any Verjet system or network or breach any security or authentication measures;
    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Verjet or any of Verjet’s providers or any other third party (including another user) to protect the Site or Collective Content;
    • Attempt to access or search the Site or Collective Content or download Collective Content from the Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Verjet or other generally available third party web browsers;
    • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or another form of solicitation to, through, or with any assistance from, the Site;
    • Use any meta tags or other hidden text or metadata utilizing a Verjet trademark, logo URL or product name without Verjet’s express written consent;
    • Use the Site or Collective Content in any manner not permitted by these Terms;
    • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Collective Content to send altered, deceptive, or false source-identifying information;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Site or Collective Content;
    • Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Site;
    • Collect or store any personally identifiable information from the Site from other Users without their express permission and in a manner that does not violate Verjet’s Privacy Policy;
    • Impersonate or misrepresent your affiliation with any person or entity;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other third party to do any of the foregoing.

    Verjet will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Verjet has no obligation to monitor your access to or use of the Site or Collective Content, or to review or edit any Collective Content, but has the right to do so for to operate the Site, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Verjet reserves the right, at any time and without prior notice, to remove or disable access to any User Content or Collective Content that Verjet, in its sole discretion, considers to violate these Terms or otherwise harmful to the Site. Verjet reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if Verjet suspects any violation of these terms or that illegal activity may be taking place.

  21. Text Messages and Phone Calls
  22. Verjet, and those acting on Verjet’s behalf, may contact you by phone or text message (including through the use of an automatic telephone dialing system) at the phone numbers you have provided to us. These messages may include operational messages about your use of the Site. You understand that you are not required to consent to communications as a condition of purchasing any property, goods or services. You may opt out of receiving telephone calls or text messages from us at any time, either by texting the word “STOP” in response to a text message received from us using the mobile device that is receiving the messages. You may continue to receive text messages for a short period while Verjet processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality of the Site. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.

  23. Rating and Reviews.
  24. Ratings and reviews posted by Users on our Site are User Content that is not endorsed by Verjet and does not represent the views of Verjet. Negative reviews may be posted by Users regarding businesses, products, and services. Verjet does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity for ratings and reviews posted through the Site, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest or employment relationship; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your ratings and reviews will comply with the terms of this Terms of Service Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.

  25. Procedure for Claiming Intellectual Property Infringement – DMCA Notice
  26. Verjet respects intellectual property laws and expects its users to do the same. It is Verjet’s policy to terminate, in appropriate circumstances, Users or other account holders who infringe or are believed to be infringing the intellectual property rights of others. Click here for Verjet’s Copyright & IP Policy.

  27. Information We Collect About You
  28. All information we collect about you when you apply for an account or use or visit the Site is subject to our Privacy Policy. By using the Site, you consent to the terms and conditions of the Privacy Policy and all actions taken by us under it.

  29. Termination and Account Cancellation
  30. If you breach any of these Terms, Verjet reserves all rights and remedies, including the right to suspend or disable your Account or terminate these Terms, in its sole discretion and without prior notice to you. Verjet may revoke your access to and use of the Site and Collective Content at any time, with or without cause. In the event Verjet terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to help@verjet.com.

  31. Disclaimers
  32. THE SITE AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VERJET EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VERJET MAKES NO WARRANTY THAT THE SITE OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. VERJET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SITE OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VERJET OR THROUGH THE SITE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. YOU UNDERSTAND THAT VERJET DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, NOR DOES VERJET MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE. VERJET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

  33. Indemnity
  34. You agree to defend, indemnify, and hold harmless Verjet, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Site, including your User Content.

  35. LIMITATION OF LIABILITY
  36. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER VERJET NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VERJET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL VERJET’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR COLLECTIVE CONTENT EXCEED US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VERJET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  37. Controlling Law and Jurisdiction
  38. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action or court proceeding permitted under these Terms (subject to the provisions set forth in Section 25) will be the state and federal courts located in Los Angeles, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

  39. Export Control
  40. You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

  41. Assignment
  42. You may not assign or transfer these Terms, by operation of law or otherwise, without Verjet’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Verjet may assign or transfer these at its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  43. Notices
  44. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (a) by Verjet via email (in each case to the primary account email address that you provide); (b) by posting to the Site; or (c) via the Application/Sign-Up. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

  45. DISPUTE RESOLUTION – ARBITRATION
  46. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.

    You and Verjet agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to: (a) bring an individual action in small claims court; (b) the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; (c) pursue an enforcement action through the applicable federal, state or local agency if that action is available; and (d) seek injunctive relief in a court of law in aid of arbitration.

    YOU ACKNOWLEDGE AND AGREE THAT YOU AND VERJET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

    Further, unless both you and Verjet otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

      You agree not to do any of the following

    • Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The parties agree that the Federal Arbitration Act applies and will govern the interpretation and enforcement of this Arbitration Agreement.
    • Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an experienced (15+ years practicing) attorney licensed to practice law in the state of California.
    • Arbitration Location and Procedure. Unless you and Verjet otherwise agree, the arbitration will be conducted in Los Angeles, California. If your claim does not exceed US$10,000, then the arbitration will be conducted Sole on the basis of documents you and Verjet submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds US$10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.
    • Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent, to the extent permitted by law, with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.
    • Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be Sole as set forth in the AAA Rules. If applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Dispute Resolution provision to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration.
    • Changes. Notwithstanding the provisions of the “Modification” section above, if Verjet changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email help@verjet.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Verjet’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Verjet in accordance with the arbitration provisions of this “Dispute Resolution” section (however entitled) as of the date you first accepted these Terms or accepted any subsequent changes to these Terms.
  47. Entire Agreement
  48. These Terms constitute the entire and exclusive understanding and agreement between Verjet and you regarding the Site and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Verjet and you regarding the Site and Collective Content.

  49. Miscellaneous
  50. The failure by Verjet to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Verjet. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Site will survive.

  51. Contact Us
  52. If you have any questions about these Terms, please contact us at:

    Verjet Inc
    650 S. Hill St.
    Suite 919,
    Los Angeles CA
    help@verjet.com