These Terms of Use (the “Terms”) govern your access to and use of our website at www.VeriKlick.com (the “Website”) that is provided by VeriKlick Inc. (“Company,” “us,” “we,” or “our”).  IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT USE THE WEBSITE.

These Terms include an arbitration clause.  Please read the Terms carefully before you start to use the Website.

These Terms govern use of the Website

1. Use of the Website. These Terms, which incorporate our Privacy Policy, constitute a legally-binding agreement between Company and you. By using the Website you agree to be bound by and comply with these Terms. You may only use the Website in compliance with these Terms.  The Website is not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are at least 18 years old.
2. Purpose of the Website. The Website is provided solely for informational purposes and the purposes of enabling communication between you and the Company. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
3. Website Ownership. The Website and all associated content (including any derivatives of or enhancements to the same), and all intellectual property rights to the same (including trademarks, service marks, trade names, trade dress), that appear in connection with the Website, are owned by or licensed to Company. You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of the Website, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate.  You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
4. Questions regarding the use of any intellectual property provided on the Website should be directed to info@veriklick.com
5. License. Company grants you a revocable right to use the Website solely in accordance with these Terms.  The Website is being licensed, not sold, to you by Company only for use under the Terms. You do not acquire any right, title or interest in or to the Website or any associated content other than the limited license granted to you by these Terms. Any rights not expressly granted to you in these Terms are expressly reserved.
6. Privacy Policy. Any information you provide to us is subject to our Privacy Policy, which is incorporated into these Terms and governs our collection and use of your information. By using the Website you consent to the collection and use of this information as provided by our Privacy Policy.
7. Prohibited Conduct. You will not use the Website for any type of inappropriate use.  Company has the right to determine whether any particular use constitutes inappropriate use of the Website.  The following are examples (although not a complete list) of inappropriate uses that are
   prohibited:
   1. Transmitting or otherwise providing any harmful or objectionable content using the Website including content that (i) violates or infringes in any way upon the rights of others, such as any copyright, trademark, patent, trade secret, moral right, or other proprietary right of any person or entity, (ii) impersonates another or is fraudulent, unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, abusive, or otherwise reasonably objectionable, or (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
   2. Uploading spyware or any other malicious software to the Website.
   3. Using the Website in a manner harmful to Company or any third party.
   4. Using the Website in any way that violates any applicable laws, rules, or regulations.
   5. Taking any action that imposes an unreasonable or disproportionately large load on the Website infrastructure or that otherwise adversely affects performance of the Website.
   6. Using the Website for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping scripts, intelligent search or any similar means of access to the Website or any other materials or information available from the Website.
   7. Engaging in any other action that, in the judgment of Company, exposes it or any third party to potential liability or detriment of any type.
8. Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls. You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from Company, its affiliates and related entities as well as third parties.  Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested.  In providing your mobile device number or cell phone number to Company, you knowingly consent to such communications from Company or for Company to use your cell phone number or mobile device number in accordance with our Privacy Policy.  In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to Company, or from which you sent the text message request to us.  You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following the instructions provided in our communications with you.

Not all mobile devices or handsets may be supported by this service.  Company and any mobile carriers are not liable for delayed or undelivered messages.  Message and data rates may apply to any text messages.  Message frequency depends on the nature of your request.  You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from Company.

9. Third-Party Websites and Service Integrations. Links to third-party websites are provided for your convenience and reference only. We have no control of these sites, and we are not responsible for their content. We do not endorse, and are not responsible, in any way, for any content on these sites and we expressly disclaim any endorsement or responsibility for such content. When you travel from the Website to another website, whether through links provided on the Website or otherwise, you will be subject to the privacy policies (or lack thereof) of these sites. We caution you to use good judgment and to assess the privacy policy of these sites before you provide any personal information.
   Additionally, the Platform provides features that allow you to integrate with third-party services, specifically Google Meet and Google Calendar, to schedule and conduct interviews. By enabling and utilizing these integrations, you acknowledge and agree that you are bound by the Google Terms of Service and give VeriKlick permission to act on your behalf within the scope of the permissions (OAuth scopes) you grant. VeriKlick is not responsible for any service interruptions, data losses, or policy changes arising directly from Google’s platform or infrastructure.
10. Locations of Access. The Company’s corporate headquarters is based in the State of Ohio within the United States. The Company provides access to its products and services within the United States, Australia, Canada, the European Union, the United Kingdom, and Mexico. The Company does not warrant or represent that the Website or any of its contents are accessible or comply with the laws of any other jurisdiction.
11. No Representations and Warranties. You agree that your use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis without express or implied warranties of any kind. Without limiting the foregoing and to the fullest extent permitted by law, the Company and its officers, members, managers, affiliates, successors, assigns, agents, and representatives (collectively, the “Company Parties”) disclaim any and all warranties:
    1. that the Website will meet your requirements or achieve certain results;
    2. concerning the availability, accuracy, security, usefulness, timeliness, or completeness of the Website or information available through the Website;
    3. of title, non-infringement, merchantability, satisfactory quality, or fitness for a particular purpose.
12. Waiver. To the fullest extent permitted by law, in no event will the Company or the Company Parties be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages (including loss of data, business, or profits), regardless of legal theory, whether or not the Company or the Company Parties have been advised of the possibility of such damages. You acknowledge that the Company and its third-party licensors are not liable for the defamatory, obscene, or unlawful conduct of other third parties or users of the Website. Neither the Company nor any of its third-party licensors represents or warrants that the Website will be secure, uninterrupted, or error-free. The Company makes no warranty that the Website will be free of viruses, worms, or Trojan horses or that it will function with any other product or software. Your sole remedy for dissatisfaction with the Website is to stop using it.
13. Liability. The Company and the Company Parties shall not be liable (a) for any amount exceeding five dollars ($5), or (b) for any indirect losses or damages arising out of your use or inability to use the Website. This limitation is a fundamental basis of the bargain between you and the Company. By accessing the Website, you waive rights regarding unknown or unsuspected claims and acknowledge the waiver of Section 1542 of the California Civil Code: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release.”
14. Limitation on Time to File Claims. You agree that any cause of action related to the Website must be commenced within one (1) year after the claim accrues. Any attempt to bring a claim after that period is barred.
15. Indemnification. You agree to indemnify and hold harmless the Company and the Company Parties from and against all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms or your use of the Website.
16. Termination and Restriction of Access. The Company may terminate or suspend your access to the Website at its sole discretion for any breach of these Terms. The Company is not liable for any losses resulting from such termination.
17. Modification. The Company may modify these Terms at any time. Changes will be posted on the Website with the “Last Revised” date. Continued use of the Website after changes means you agree to the updated Terms. If you do not agree, you must discontinue use of the Website.
18. Dispute Resolution.
    1. You and the Company agree to first contact each other with disputes and provide a written description of the issue, relevant documents, and a proposed resolution. You agree to contact the Company at: VeriKlick, 4900 Parkway Drive, Mason, OH 45040, USA.
    2. If the dispute is not resolved within 30 days, either party may submit the claim to arbitration.
    3. Any claim will be resolved by binding arbitration administered by JAMS under its rules. Information is available at the JAMS website.
    4. Either party may bring applicable claims in small claims court. Arbitration must be individual and not classwide.
    5. Nothing limits the Company’s ability to seek equitable relief in court.
19. Class Action Waiver. You and the Company waive any right to pursue disputes on a classwide basis.
20. Jury Trial Waiver. You and the Company waive any right to a jury trial to the extent allowed by law.
21. Governing Law; Venue. These Terms are governed by Ohio law. Claims not subject to arbitration must be brought in federal court in the Southern District of Ohio or state court in Hamilton County.
22. No Third-Party Beneficiaries or Partnership. These Terms do not create any third-party beneficiary rights or any partnership, joint venture, employment, or agency relationship.
23. Force Majeure. The Company is not liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, or internet outages.
24. Complete Agreement. These Terms are the entire agreement between you and the Company regarding the Website. If any provision is unenforceable, the remaining provisions remain in effect.
25. Assignment. The Company may assign its rights under these Terms. You may not assign your rights; any attempted assignment is void.
26. Waiver of Terms. The Company’s failure to enforce any term does not constitute a waiver of its rights.
27. Company Contact Information. You may contact the Company at: info@VeriKlick.com.