Terms of Service

Thank you for visiting the website located at www.vijilent.com, for downloading the Vijilent App, or for visiting Vijilent’s website that links to and utilizes this Vijilent’s Privacy Policy (all platforms collectively referred to as the “Site”). The Site is a web-based property of Vijilent, Inc. (“Vijilent,” “we,” “our,” or “us”) that makes available services that allow users to search for information as permitted by these Terms and Conditions, such as to learn about the backgrounds of potential roommates, online dates, kid’s coaches, or online buyers or sellers.

Vijilent does not provide private investigator services, and is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). The Information provided by Vijilent is not for the purpose of establishing a person’s eligibility for (a) credit or insurance; (b) employment purposes; or (c) in connection with a business transaction initiated by an individual consumer. Vijilent does not make any representation or warranty as to the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of any person. The protections afforded consumers under the FCRA are not contemplated or contained with these terms of service.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Scope

These Terms and Conditions apply to you when you: (a) access, view, download, or otherwise use any page on the Site other than the home page located at www.Vijilent.com. By engaging these actions, you acknowledge and agree that you (a) have read, understand, and agree to be bound by these Terms and Conditions in their entirety; (b) consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the site or through any other interactions with Vijilent; and (c) waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require (i) an original signature, (ii) delivery or retention of non-electronic records, or (iii) payments or the granting of credits in ways other than through electronic means. The Site and Member Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If you are under eighteen (18) years of age or do not agree to these Terms and Conditions in their entirety, do not access, view, download, or otherwise use any page on the Site other than the home page located at www.Vijilent.com.

The Vijilent Privacy Policy (“Privacy Policy”) is part of these Terms and Conditions and is incorporated herein by this reference. By accepting these Terms and Conditions you agree to the collection and use of your information by the Site as described in the Privacy Policy. Any requests to remove your information from Vijilent’s Search results will be governed by the procedures described in the Privacy Policy available at https://www.vijilent.com Vijilent may modify these Terms and Conditions, in whole or in part, from time to time in its sole discretion, effective immediately upon posting modified Terms and Conditions to the Site.

Restrictions on Your Use of the Site and Information Obtained from Vijilent

Vijilent is a database of publicly available sources of information aggregated for your convenience. Through Vijilent, end-user visitors to the Site (“Visitors”) can view or execute certain media, text, data, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork, designs, magnetic translations, digital conversions, software, and other materials posted to or made available through the Site (collectively, “Content”) as compiled, distributed, and displayed by Vijilent and other third-party content providers (“Third-Party Providers”) including, but not limited to, third-party websites or services that provide information about individuals (each, a “Search Subject”) that can be searched for and accessed through the Site (“Vijilent Checks”). You are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site, Content, Vijilent Checks, in accordance with these Terms and Conditions (“Vijilent License”). Vijilent may terminate this license at any time for any reason.

As a condition to access the Site, including Member Services, and without limiting the generality of the foregoing, you agree that, unless otherwise expressly authorized by these Terms and Conditions or in writing by Vijilent, you will not:

  1. Conduct any Vijilent Checks or otherwise obtain or use any Content or other information obtained from or through the Site about a Search Subject for purposes prohibited under the FCRA; Because Vijilent is not a Consumer Reporting Agency, you are prohibited under the FCRA from using any information obtained from the Site about a Search Subject including, but not limited to, information obtained through Vijilent Checks, as a factor in determining the Search Subject’s eligibility for:

    • Employment. Including, but not limited to, when evaluating a Search Subject for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers).

    • Tenancy. Including, but not limited to, deciding whether to lease a residential or commercial space to a Search Subject.

    • Educational Admission or Benefits. Including, but not limited to, assessing a Search Subject’s qualifications for an educational program or scholarship.

    • Personal Credit, Loans, or Insurance. Including, but not limited to, assessing the risk associated with providing credit, a loan, or insurance based on a Search Subject’s existing debt obligations.

    • Business Transactions Initiated by an Individual Consumer. Including, but not limited to, determining whether a Search Subject continues to meet the terms of a personal customer account.

    Using information about a Search Subject obtained from Vijilent in these ways violates both these Terms and Conditions and the law, and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, terminate Accounts, and report violators to law enforcement as appropriate. If you are not sure whether your desired use of information obtained from Vijilent complies with these restrictions, please contact us at support@Vijilent.com before conducting any Vijilent Searches or otherwise obtaining information about a Search Subject from Vijilent.

  2. Use the Site, Member Services, or Content, including, but not limited to, Vijilent Checks: (a) in violation of any applicable foreign or domestic laws, statutes, rules, regulations, or judicial decrees; (b) in a manner that does or is intended to cause emotional or physical harm to, discriminate against, or “stalk” or otherwise harass any other person; (c) to seek information about or harm minors in any way; (d) to seek information about celebrities or public figures; (e) to produce or distribute any libelous, obscene, or indecent material; or (f) to infringe upon the legal or proprietary rights of any third parties (including, but not limited to, copyright, patent, trademark, trade secret, and other intellectual property rights; publicity rights; and privacy rights);
  3. Provide or submit any information or data to Vijilent or conduct any Vijilent Checks concerning Search Subjects that you are not authorized to provide, submit, or conduct;
  4. Publish a link to a Vijilent web page other than Vijilent’s home page (known as “deep-linking”;
  5. Simulate the appearance or function of Vijilent on another website, such as through “framing” or “mirroring.”

Our Obligations

We allow you to access the Site as it may be available at any given time and have no other obligations, except as expressly stated in these Terms and Conditions. You are solely responsible for your use of the Site and any information you obtain from the Site. Vijilent reserves the right, but undertakes no obligation, to:

  1. Monitor, review, or otherwise police your or others’ use of the Site, Vijilent Checks, Member Services, or the associated information made available by Members during the application process (“Registration Data”);
  2. Moderate any dispute between you and any other third party, including, but not limited to, disputes with other Visitors, Members, or Search Subjects;
  3. Verify the identity of any person using the Site, including any Visitor who applies to be a Member, as well as the purpose(s) for which any Visitor or Member is using the Site.

Indemnification

You agree to indemnify and hold Vijilent, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Search Subject, arising from or related to: (a) your use of the Site or any Content you obtain through the Site, including, but not limited to, information obtained through Vijilent Checks and other information about Search Subjects; (b) your failure to comply with these Terms and Conditions including, but not limited to, your violation of any laws or any rights of another individual or entity; or (c) any claim that Vijilent is obligated to pay any taxes in connection with your use of the Site, Member Services, or otherwise. The provisions of this paragraph are for the benefit of Vijilent, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys, and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on his, her, or its own behalf.

Disclaimer of Warranties

The site, any information contained therein, the content, Vijilent Checks, and other Vijilent products or services are provided to you on an ‘as is’ and ‘as available’ basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law. Do not rely onteh site, any information provided therein, or its continuation. Vijilent and its affiliates make no representation or warranty that the site, any information contained therein, the content, Vijilent Checks or other Vijilent product or services: (a) will achieve any purpose for which you intended to use Vijilent; (b) will be uninterrupted, timely, secure, and error-free, or that defects or errors will be corrected; (c) will be free of viruses or other harmful components; (d) will employ security methods that guarantee that you will not experience interference with your use or enjoyment of the site, or that guarantee that your rights will not be infringed; or (e) will be 100% accurate, complete and up-to-date. The Site, any information contained therein may contain bugs, errors, problems or other limitations. Your use of the site is at your sole risk, and Vijilent does not represent or warrant that your use of the site will not infringe the rights of third parties.

Limitation of Liability

You expressly understand and agree that Vijilent and third party service providers and each of their respective members, officers, directors, employees, agents, shareholders, content licensors, suppliers, contractors, attorneys, advisors and other partners, shall not be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages including, but not limited to, damages for loss or profits, goodwill, use, data, or other intangible losses (even if Vijilent has been advised of the possibility of such damages), to the fullest extent permitted by law, arising from or related to: (a) the use of or the inability to use the Site, any information contained therein, the content, Vijilent Checks or other Vijilent products or services; (b) the cost of procurement of substitute goods or services resulting from your purchase of or obtaining any Vijilent products, services, content, or other data through the site; (c) any other disputes relating to the Site, any information contained therein, or any other Vijilent products or services. This limitation applies to all statutory and common-law causes or action including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and all other torts.

You hereby release Vijilnet and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, content licensors, suppliers, contractors, attorneys, advisors and other partners from any and all obligations, liabilities, and claims in excess of the limitation stated herein. If applicable law does not permit such limitation, the maximum liability under any and all circumstances will be five hundred ($500.00). No action, regardless of form, arising out of your use of the Site, any information contained therein, the content, Vijilent Checks and any other Vijilent Product or Service may be brought by you or Vijilent more than one (1) year following the event which gave rise to the cause of action. The limitation of liability set forth in this section is a fundamental element of the basis of the bargain between you and Vijilent. Access to the site would not be provided to you without such limitation. In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, our liability in such jurisdictions shall be limited to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.

Arbitration and Dispute Resolution

These Terms and Conditions shall be treated as though they were executed and performed in Raleigh, North Carolina, USA and shall be governed by and construed in accordance with the laws of the State of North Carolina (without regard to conflict of law principles).

Entire Agreement

These Terms and Conditions, the Privacy Policy, and all other applicable operating rules, policies, price schedules, and other supplemental terms and conditions or documents that may be published or agreed upon by you from time to time, which are expressly incorporated herein by reference, shall constitute the entire and only agreement between you and Vijilent with respect to your use of the Site. This agreement supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to your use of the Site and the content contained therein.

To the extent that any information or material that appears on or is posted to the Site, or otherwise is made available by Vijilent, contains any representation, term, or condition that is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence unless the new representation, term, or condition is contained in a signed writing by a duly appointed officer of Vijilent.

Misconduct

Vijilent reserves the right to restrict, suspend, or terminate your Account or access to the Site if we determine, in our sole and absolute discretion, that you have violated these Terms and Conditions.

Your Relationship with Vijilent

Nothing in these Terms and Conditions creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Vijilent and you or any other party. You have no authority to make or accept any offers or representations on behalf of Vijilent.

How to Contact Us

Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We endeavor to review and reply promptly to each comment sent to us. If you have any questions about these Terms and Conditions or the practices of Vijilent, or if you would like to register a complaint, notify Vijilent of a dispute, notify Vijilent of inaccurate or misleading information, or notify us of improper use of the Vijilent Checks, please feel free to contact us at 1-844-408-4545, at support@Vijilent.com, or at:

Vijilent, Inc.

1400 Leanne Court

Raleigh, North Carolina 27606

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