“eZverifi is for prescreened online and in-person users you can TRUST!”
1. Introduction
Thank you, for joining eZverifi. Now, in minutes you can verify the device’s identity of anyone before you agree to meet them face-to-face, for your safety and protection!
1.1 eZverifi offers the only non-proprietary members online validation platform for all users. This Member Agreement, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which eZverifi offers you access to and use of our Services. You can find an overview of our policies here. The Online Platform terms, all policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this Members Agreement. You agree to comply with all of the terms of this Members Agreement when accessing or using our Services.
1.2 The entity you are contracting with is: eZverifi, LLC P.O. Box 4656, Norfolk, VA 23523. USA. In this Members Agreement, this entity is individually and collectively referred to as “eZverifi,” “we,” or “us.”
1.3 Please be advised that this Members Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). Unless you opt out:
(I) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class Members in any class or representative action or proceeding and
(II) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
2. About eZverifi
2.1 eZverifi is an online validation platform that allows Members to join together in providing a digital profile to minimize the abuse and exploitation of online transactions by unscrupulous parties, whose intent is to scam and corrupt unwitting online sellers and buyers. eZverifi is not a seller, buyer and/or an online marketplace.
2.2 We do not provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, eZverifi has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of Members’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3. Using eZverifi
In connection with using or accessing the Services you will not:
3.1 breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
3.2 use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
3.3 fail to deliver items sold by you, unless you have a valid reason as set out in an eZverifi policy, for example, the buyer fails to comply with the terms of the Agreement with the seller’s listing or the seller cannot contact the buyer;
3.4 post false, inaccurate, misleading, deceptive, defamatory, or libelous reviews;
3.5 take any action that may undermine the feedback or ratings systems (see All about our Feedback policies);
3.6 transfer your eZverifi account (including Feedback) and Members ID to another party without our consent;
3.7 distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
3.8 distribute viruses or any other technologies that may harm eZverifi or the interests or property of Members;
3.9 use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of eZverifi;
3.10 interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
3.9 export or re-export any eZverifi application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
3.9 infringe of the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to eZverifi. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to eZverifi or someone else;
3.10 infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
3.11 commercialize any eZverifi application or any information or software associated with such application, except with the prior express permission of eZverifi;
3.12 harvest or otherwise collect information about Members without their consent; or circumvent any technical measures we use to provide the Services.
3.13 Members must meet eZverifi’s minimum standards. Failure to meet these standards may result in eZverifi placing a conditional approval, and/or limiting, restricting, suspending, or rejecting your Membership application.
3.14 If we believe you are abusing eZverifi and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Membership and access to our Services, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
4. Policy Enforcement
When a buyer or seller issue arises, we may consider the Member’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both Members.
5. Fees
5.1 eZverifi’s provides a flexible Fee Schedule. Fees we charge are for using our Services are listed on our Pricing Schedule page. We may change our fees from time to time by posting the changes on the eZverifi site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. We are honored to provide a Ten (10%) percent ACTIVE DUTY MILITARY discount on all monthly plan rates, only! All other fees will stay the same.
5.2 You must have a payment method on file when using the monthly plan options with eZverifi and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies. In addition, you will be subject to late fees. eZverifi, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information eZverifi reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at eZverifi, LLC 4445 Corporation Lane, Suite 291, Virginia Beach, VA 23462. USA. If you wish to dispute the information a collection agency reported to a credit bureau regarding your eZverifi account, you must contact the collection agency directly.
5.3 Members(s) fees don’t purchase exclusive rights to item exposure on eZverifi, whether on our web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, Members, display third-party advertisements (including links and references thereto) or other content in any part of our Services.
6. Exchange Conditions
It is understood the eZverifi is not a listing and/or brokerage platform and each Members is responsible for the accuracy and content of the listing and item(s) offered. When buying an item(s), each Member agrees to be responsible for reading the full item(s) listing before making a purchase or commitment to buy.
7. International Exchanges; Translation
7.1 Many of our Services are accessible to international Members. We may offer certain programs, tools, and site experiences of particular interest to international Members. However, each Members is responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. Again, the eZverifi site is not a online marketplace and will not facilitate any purchase(s).
7.2 Our International Members authorize us to use automated tools to translate your eZverifi content and Members-to-Members communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
8. Content
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against eZverifi, our assignees, our sub-licensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sub-licensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
We try to offer reliable personal data, but cannot promise that the content provided through the Services will always be accurate, complete, and up-to-date. You agree that eZverifi is not responsible for examining or warranting the profiles or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a Members, you agree to ensure that content directly associated with your profile is accurate.
The name “eZverifi” and other eZverifi marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of eZverifi in the U.S. and other countries. They may not be used without the express written prior permission of eZverifi.
9. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. eZverifi’s Verified Rights Owner (VeRO) program works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team and we will investigate. Learn how to submit a notice to eZverifi – opens in new window or tab.
10. Authorization to Contact You; Recording Calls; Analyzing Message Content
10.1 eZverifi may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this Members Agreement, our policies, applicable law, or any other agreement we may have with you. eZverifi may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the Members Privacy Notice. As described in our Members Privacy Notice, eZverifi may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences – opens in new window or tab section of your My eZverifi.
10.2 eZverifi may share your telephone number with its authorized service providers as stated in our Members Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by eZverifi to carry out the purposes identified above.
10.3 eZverifi may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with eZverifi or its agents for quality control and training purposes, or for its own protection.
10.4 eZverifi’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between Members, to detect and prevent fraudulent activity or violations of eZverifi’s Members Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. eZverifi may store message contents, including to conduct this scanning and analysis.
10.5 Privacy of Others; Marketing If eZverifi provides you with information about another Members, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a Member’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific Members to do so.
11. Additional Terms Returns and Cancellations
Members(s) Members(s) are solely responsible to arrange terms for replacements, returns, and refunds under the purchase agreement and separate platform and under no circumstances does eZverifi have a responsible role in the transaction.
Exchange Resolutions Most eZverifi transactions go smoothly, but if there’s a problem with an exchange, eZverifi will inquire, document and post any significant findings to protect all Members from any recorded, unresolved disputes. You agree to comply with the policy and permit us to make a final decision on any eZverifi dispute cases.
If you (as Members), choose to reimburse a Members or are required to reimburse a Members by eZverifi under the eZverifi Members Satisfaction Guarantee, you authorize eZverifi to charge your account on record for such reimbursement amount (in same or other currency). If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.We may suspend the eZverifi Members Satisfaction Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
12. Disclaimer of Warranties; Limitation of Liability
12.1 We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Such functionality is subject to delays beyond eZverifi’s control.
12.2 You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12.3 In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
a) the content you provide (directly or indirectly) using the Services;
b) your use of or your inability to use our Services;
c) delays or disruptions in our Services;
d) viruses or other malicious software obtained by accessing or linking to our Services;
e) glitches, bugs, errors, or inaccuracies of any kind in our Services;
f) damage to your hardware device from the use of any eZverifi Service;
g) the content, actions, or inactions of third parties, including items listed using our Services;
h) a suspension or other action taken with respect to your account or breach of the abusing eZverifi Section above;
i) Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you;
j) Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you;
j) Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the eZverifi Members Satisfaction Guarantee up to the amount of the Members transaction on eZverifi platform (including any applicable sales tax).
13.Release
If you have a dispute with one or more Members, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
14. Indemnity
You will indemnify, defend and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Members Agreement, your improper use of eZverifi’s Services or your breach of any law or the rights of a third party.
15. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIM(S) YOU AND EZ EXCHANGE HAVE AGAINST EACH OTHER ARE RESOLVED.
15.1 You and eZverifi agree that any claim or dispute at law or equity that has arisen, or may arise, between you and eZverifi (including any claim or dispute between you and a third-party agent of eZverifi) that relates in any way to or arises out of this or previous versions of this Members Agreement, your use of or access to the Services, the actions of eZverifi or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A) Applicable Law You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Virginia, without regard to principles of conflict of laws, will govern this Members Agreement and any claim or dispute that has arisen or may arise between you and eZverifi, except as otherwise stated in this Members Agreement.
B) Agreement to Arbitrate You and eZverifi each agree that any and all disputes or claims that have arisen, or may arise, between you and eZverifi (including any disputes or claims between you and a third-party agent of eZverifi) that relate in any way to or arise out of this or previous versions of the Members Agreement, your use of or access to the Services, the actions of eZverifi or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
C) Prohibition of Class and Representative Actions and Non-Individualized Relief
D) YOU AND eZverifi AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBERS IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND eZverifi AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MEMBERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and eZverifi’s right to appeal the court’s decision. All other claims will be arbitrated.
E) Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Members Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
(I) The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
(II) A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). You may download a form Notice – opens in new window or tab. The Notice to eZverifi should be sent to eZverifi Inc., Attn: Litigation Department, Re: Notice of Dispute, 4445 Corporate Lane, Suite 291, Virginia Beach, VA 23462. eZverifi will send any Notice to you to the physical address we have on file associated with your eZverifi account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
(III) If you and eZverifi are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or eZverifi may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to eZverifi at the following address: eZverifi, LLC, 4445 Corporation Lane, Suite 291, Virginia Beach, VA 23462. USA. In the event eZverifi initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your eZverifi account. Any settlement offer made by you or eZverifi shall not be disclosed to the arbitrator.
(IV) The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $500 or less, you or eZverifi may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and eZverifi subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or eZverifi may attend by telephone, unless the arbitrator requires otherwise.
(V) The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Members, but is bound by rulings in prior arbitrations involving the same eZverifi Members to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $500 or less, at your request, eZverifi will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eZverifi should be submitted by mail to the AAA along with your Demand for Arbitration and eZverifi will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eZverifi for all fees associated with the arbitration paid by eZverifi on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Severability With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Opt-Out Procedure IF YOU ARE A NEW MEMBERS OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE MEMBERS AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EZVERIFI, LLC, ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, P.O. Box 4656, Norfolk, VA 23523 USA.
Costs of Arbitration For your convenience, we are providing an Opt-Out Notice form – opens in new window or tab. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the Members ID(s) and email address(es) associated with the eZverifi Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this Members Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate Notwithstanding any provision in the Members Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against eZverifi prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and eZverifi. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.eZverifi.com at least 30 days before the effective date of the amendments and by providing notice through the eZverifi Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eZverifi must be resolved exclusively by a state or federal court located in Norfolk, Virginia. You and eZverifi agree to submit to the personal jurisdiction of the courts located within Norfolk, Virginia for the purpose of litigating all such claims or disputes.
16. General
16.1 Except as otherwise provided in this Members Agreement, if any provision of this Members Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this Members Agreement, and in such event, we will post notice on www.eZverifi.com – opens in new window or tab.
16.2 Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Members Agreement.
16.3 We may amend this Members Agreement at any time by posting the amended terms on www.eZverifi.com. Our right to amend the Members Agreement includes the right to modify, add to, or remove terms in the Members Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the eZverifi Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Members Agreement through an electronic click-through. This Members Agreement may not otherwise be amended except through mutual agreement by you and an eZverifi representative who intends to amend this Members Agreement and is duly authorized to agree to such an amendment.
16.4 The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the eZverifi Service.
16.5 If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Members Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Members Agreement.
16.6 The Members Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and eZverifi, and supersede all prior understandings and agreements of the parties. The following Sections survive any termination of this Members Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General Disputes.