Terms of Service

1. Introduction

You are using a mobile application owned and operated by VERIFY CONNECT LLC. VERIFY CONNECT LLC and its subsidiaries (collectively, "Verify Connect," "us," "we," or "our") offer the AppCheckr mobile application and related services to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. These Terms and Conditions (hereafter "Terms") apply to the AppCheckr mobile application and all websites, services, and related properties owned and operated by Verify Connect on which these Terms are displayed (referred to hereafter as "App," "Services," or "Site(s)," whether individually or collectively). By accessing, browsing, or using our Services, you acknowledge that you understand, accept, and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference.

2. Not a Lender

AppCheckr is NOT a lender, loan broker, or agent for any lender or loan broker. We do not make credit decisions, approve or deny loan applications, fund loans, set interest rates, or guarantee any loan offers. The App serves solely as an informational platform that connects users with third-party lending partners. Any loan offers displayed within the App are provided by independent third-party lenders. Loan terms, interest rates, approval decisions, and all other lending decisions are made solely by these third-party lenders.

3. Agreement

By accessing, browsing, or using our Services, you acknowledge that you understand, accept, and agree (i) to be bound by this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference; (ii) to the fullest extent required by the law of any state, that you have been provided with, have received, and are agreeing to all disclosure and consent requirements; and (iii) that you are of legal age and not prohibited by law from accessing or using the goods and Services offered herein. Certain Services may include additional terms; by agreeing to proceed with any such Services, you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service. If you do not agree to all these Terms, then you may not access our App or use any of its Services.

4. Modification

We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms. The date on which these Terms have been last updated will be noted immediately above this page, and the revised Terms will take effect seven (7) days after their publication. Therefore, you should visit this page periodically to review any changes. Your continued use of our Services after any such changes have been made constitutes acceptance of those changes.

5. Eligibility

The Services offered through this App are not available to persons under the age of 18 or to persons who are not legal residents of the United States. By using our Services, you represent and warrant that you are at least 18 years of age and are a legal resident of the United States. Not all Services are available in all geographic areas. Your eligibility for particular Services is subject to final determination by Verify Connect, its affiliates, and/or its lending partners.

6. Authorization to Obtain a Credit Report and Credit Score

You understand and agree that by submitting a loan request, you are providing written instruction under the Fair Credit Reporting Act authorizing us and our third-party lending partners to obtain your consumer credit report, credit score, and/or other information from any consumer reporting agency in order to provide you with the services that you seek and to verify your identity. Additionally, you understand and agree that providers may use third-party services to obtain information relating to you and to verify any information that you provide including, without limitation, your first and last name, address, and bank account information.

7. Services Offered

User Accounts. In order to use certain Services, we need accurate and complete information about you, and you must tell us when any of your information changes. We may suspend or terminate your access if we cannot verify your information, or if you do not update it or provide it when requested. You are solely responsible for all activities that occur through your use of the App. You shall not use the Services for any illegal or unauthorized purpose.

Request for Other Products and Services. Verify Connect may also allow you to request products or services other than loans that are advertised through the App based on your interest. These non-loan related products or services may include debt consolidation or settlement, credit card products, and/or any products or services that may be of interest to you. Verify Connect will not transmit your information to these non-loan related products or services without first obtaining your express consent to do so based on the qualifying questions you answer throughout your loan request form.

Not Professional Advice. Verify Connect and the products and services it promotes are not a substitute for professional advice. We provide our Services solely for your convenience, and such Services (i) are not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action. We are not responsible for the accuracy or reliability of any Services. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any Services available through our App. The relationship between you and us is not a professional or similar relationship. We always recommend you seek the advice of a qualified professional with respect to any questions you may have.

8. Data Sharing with Alternative Credit Bureaus, Other Providers, and Third Parties

When you voluntarily submit your information through our Services, you understand and agree that we will share the information provided with alternative credit bureaus, other providers, non-lending financial institutions, and third parties (also referred to as "Network Partners"). Network Partners may keep the information provided in your loan request form and other information provided to us or received by them in the processing of your loan request or other products or services that may be of interest to you. Network Partners may retain this information. You agree to notify any particular Network Partner directly if you no longer want to receive communications from them. In addition, Verify Connect and its Network Partners may share the information you provide with state licensing authorities and government regulators.

Information specific to the Network Partner you may be connected with will be found in the Network Partner's specific privacy policy. Please note that you are providing your express written consent for Verify Connect and the selected Network Partners to share this personally identifiable information for the following purposes: to provide the services and products that you seek, litigation, regulatory requests, law enforcement requests, internal analytics, and/or for marketing purposes.

9. Consent to Receive Communications via E-mail, Telephone Calls, and/or SMS Messaging

When you submit your information through our Services and consent to receive communications from us, please note that we may communicate with you via postal mail, e-mail, telephone calls, and/or SMS messaging where you have provided your express consent to be contacted through those forms of communication. You may receive these communications directly from us or our e-mail and SMS messaging service providers (hereafter "Marketing Service Providers") on behalf of us. You agree to receive communications from us and our affiliates electronically and that all agreements, notices, disclosures, and other communications (hereafter "Disclosures and Communications") that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By submitting your information through our Services, you consent to be contacted by us, our Marketing Service Providers, and/or each Network Partner that we transmit your information to, and their affiliates and service providers, by (i) telephone at the numbers you have provided whether landline or cellular, even if your phone number is on any federal, state, or local Do-Not-Call registry, and you agree to receive pre-recorded calls and/or messages made with an automatic dialing system; (ii) by email at the email address you provided or at another address that may be associated with you that we receive from other parties, and you agree that any such email will not be considered spam or unauthorized by any local, state, or federal law or regulations; and/or (iii) by SMS/text messaging to the mobile number that you provide, in which case data and message rates may apply. Consent is not required in order to purchase goods and services from Verify Connect or the Network Partners that reach out to you.

If at any time you do not wish to continue to receive communications from Verify Connect and its Marketing Service Providers, you may contact Verify Connect to opt out (i) by emailing us at info@appcheckr.co; or (ii) by mail at VERIFY CONNECT LLC, 9227 Reseda Blvd, Ste 412, Northridge, CA 91324.

10. Copyrights and Trademark

All content within the App, including without limitation all software, graphics, text, design, images, illustrations, databases, user interfaces, visual interfaces, audio, design, structure, arrangement, products, and information (collectively, "Content") of the App are owned, controlled, and licensed by Verify Connect and/or its licensors. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the App or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication.

11. Privacy

We respect your privacy and use generally accepted industry standards to safeguard your personally identifiable information. For additional information regarding our collection and use of your personally identifiable information in connection with your use of our Services, please see our Privacy Policy. Verify Connect and/or its Network Partners may obtain, verify, and record information including, but not limited to, your name, social security number, address, telephone number, and date of birth, that will allow them to properly identify you. During the Network Partner's formal application process, they also may ask for your driver's license or other identifying documentation to further assist in certifying your identity.

12. Foreign Users

Verify Connect makes no representation that materials in our App are appropriate or available for use in other locations. If you access our Services from outside the United States, please understand that our App may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntarily sought and established contact with Verify Connect; (ii) they will not use, transmit, disseminate, or upload any material or content that would violate any applicable local, state, or national laws or regulations of the foreign user's country of residence; (iii) under no circumstance shall Verify Connect be deemed liable under any laws other than the United States; (iv) their participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) they consent to having their data processed in the United States.

13. Representations and Warranties

You represent and warrant to Verify Connect that (i) you are at least 18 years of age; (ii) you are authorized to enter into this agreement; (iii) you will not use our App or the Contents herein for any purpose or manner that violates any laws, regulations, or that infringes the rights of us or any third party; (iv) any information or data you provide to us will not violate any law, regulation, or infringe the rights of any third party; (v) all information that you provide to us in connection with our App (e.g., name, e-mail address, phone number, and/or other information) is true, correct, and accurate; and (vi) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

14. Disclaimers and Liability

OUR APP DOES NOT WARRANT, GUARANTEE, OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE, OF OUR SERVICES, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. OUR SERVICES AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING, USAGE, OR TRADE. VERIFY CONNECT IS NOT RESPONSIBLE OR LIABLE FOR ANY NETWORK PARTNER'S ACTS OR OMISSIONS INCLUDING FOR ANY QUOTES OR SERVICES THAT ANY SUCH NETWORK PARTNER MAY PROVIDE, FOR ANY NETWORK PARTNER'S CONTACTING OR FAILURE THEREOF TO CONTACT YOU, FOR ANY NETWORK PARTNER'S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY NETWORK PARTNER.

YOU AGREE THAT VERIFY CONNECT, ITS MARKETING SERVICE PROVIDERS, AND NETWORK PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF DATA, LOSS OF SECURITY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF OUR APP, OR OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE APP, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF VERIFY CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR AND WITHOUT LIMITATION, TOTAL LIABILITY OF VERIFY CONNECT FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF OUR APP, RESULTS FROM USE OF OUR APP, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15. Indemnity

As a condition of use of our App and/or Verify Connect's services, you agree to indemnify Verify Connect and its Marketing Service Providers and Network Partners from and against any and all liabilities, expenses (including attorney's fees), and damages arising out of claims resulting from your use of our App, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these Terms. You must not settle any such claim or matter without the prior written consent of Verify Connect. The Verify Connect parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claim.

16. Errors and Delays

You agree that Verify Connect is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.

17. Links to Third-Party Websites

Our App may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products, or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites.

18. Notice of Claim

For all disputes you may have, whether pursued in court or arbitration, you must first give Verify Connect an opportunity to resolve the dispute by providing written notification to info@appcheckr.co and via postal mail to VERIFY CONNECT LLC, 9227 Reseda Blvd, Ste 412, Northridge, CA 91324 stating (i) your name, (ii) your address, (iii) a written description of your claim, and (iv) a description of the specific relief you seek. If Verify Connect does not resolve the dispute within 30 days after it receives your notification, you may pursue your dispute as set forth below.

19. Release and Discharge

YOU HEREBY RELEASE, REMISE, AND FOREVER DISCHARGE VERIFY CONNECT, ITS MARKETING SERVICE PROVIDERS, AND ITS NETWORK PARTNERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF OUR APP.

20. Dispute Resolution and Binding Arbitration

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO OUR APP, CONTENT, OR SERVICE ("DISPUTE"), SHALL BE FINAL AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN LOS ANGELES, CALIFORNIA; THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ANY CONFLICT OF LAW PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.

You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity. You also agree that any dispute or disagreement regarding the enforceability, applicability, or interpretation of any provision of this agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.

You also agree that any dispute or cause of action arising out of or related to our App, Services, or Content must be commenced within one year from the later of (i) when the dispute or cause of action accrues, or (ii) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.

21. No Class Actions

To the extent allowed by law, you and Verify Connect each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. You hereby understand that by agreeing to this class action waiver, you may only bring claims against Verify Connect in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.

22. DMCA Notice

Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor 17 U.S.C. § 512(c), if you believe that anything on our App or service offered herein infringes any copyright that you own or control, you may file notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent at VERIFY CONNECT LLC, 9227 Reseda Blvd, Ste 412, Northridge, CA 91324, or info@appcheckr.co.

23. California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, by telephone at (916) 445-1254 or (800) 952-5210, or by e-mail at dca@dca.ca.gov.

24. Entire Agreement

These Terms and Verify Connect's Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Verify Connect with respect to the subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Verify Connect with respect to our App.

25. Contact Us

If you have questions, comments, concerns, or feedback regarding these Terms or our Services, please contact us:

VERIFY CONNECT LLC
9227 Reseda Blvd, Ste 412
Northridge, CA 91324
info@appcheckr.co