This Agreement ("Agreement") is between AGEVERIFICATION.ORG, its parent company, OMF Technologies LLC, a Wyoming corporation ("AGEVERIFICATION.ORG") headquartered at 30 N Gould St, Suite R, Sheridan WY 82801, collectively referred to herein as "we, us, our", and the party specified in the order form annexed hereto and incorporated herein by reference "Order". Such party shall be referred to herein as "Customer" and shall enter into this Agreement by clicking on the Submit button of the Order.
For good and valuable consideration, the parties agree as follows:
1. SERVICES
Subject to the terms and conditions of this Agreement, AGEVERIFICATION.ORG will provide to Customer age verification services to be used to access third party websites.
2. TERM
The initial term of this Agreement shall be one year ("Initial Term"), however, no Service shall commence unless and until AGEVERIFICATION.ORG receives and accepts all documentation submitted by Customer, plus payment in full for Services to be rendered during the Term. AGEVERIFICATION.ORG reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by AGEVERIFICATION.ORG. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or canceled by either party only as provided in Paragraph 10 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term".
3. FEES AND PAYMENT
All fees for Services rendered or provided to Customer shall be in accordance with AGEVERIFICATION.ORG's fee schedule published at https://www.ageverification.org/. Payment is required prior to service being rendered. In the event of a chargeback after payment is made, AGEVERIFICATION.ORG may impose a debt service charge equal to one and one-half percent (1.5%) of the outstanding balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid plus a one time chargeback fee of $35. In addition, in the event that any amount due AGEVERIFICATION.ORG remains unpaid ten (10) days after presentation of an invoice to Customer, AGEVERIFICATION.ORG, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. Suspension of service does not necessarily imply termination of this Agreement and service charges will continue to accrue as if no suspension had occurred. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of AGEVERIFICATION.ORG) shall be paid by Customer. Checks returned unpaid (NSF) will be assessed a $20 charge. All payments are in U.S. currency and are non-refundable.
4. CONTENT AND CUSTOMER'S RESPONSIBILITY
AGEVERIFICATION.ORG will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information viewed and submitted to third party websites by Customer. AGEVERIFICATION.ORG shall make no effort to validate any information submitted by Customer to third party websites for content, correctness, usability or for any other reason. Furthermore, AGEVERIFICATION.ORG shall not be held responsible for maintaining backups of customer's data in the event of loss or corruption, and customer accepts sole responsibility for maintaining any such data.
5. NO WARRANTY
Customer agrees to use AGEVERIFICATION.ORG's Services, and any information obtained through or from AGEVERIFICATION.ORG, at Customer's own risk. Customer acknowledges and understands that neither AGEVERIFICATION.ORG, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. AGEVERIFICATION.ORG specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.
6. PROHIBITED USES
Customer shall not use AGEVERIFICATION.ORG's Services in violation of AGEVERIFICATION.ORG's "Service Usage Policy" provided herewith.
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall AGEVERIFICATION.ORG, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to AGEVERIFICATION.ORG's records, programs or services. AGEVERIFICATION.ORG further shall have no responsibility whatsoever to Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. THE FEES FOR THE SERVICES SET BY AGEVERIFICATION.ORG UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK, therefore, notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.
8. INDEMNIFICATION
Customer shall defend, indemnify, save and hold AGEVERIFICATION.ORG harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against AGEVERIFICATION.ORG, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by Customer, its agents, employees or assigns.
9. TERMINATION AND CANCELLATION
This Agreement may be terminated: (i) by the customer at any time, without cause; (ii) by AGEVERIFICATION.ORG, without cause, by giving the other party 30 days prior notice; (iii) by AGEVERIFICATION.ORG, at any time, upon 20 days' prior notice if in the sole judgment of AGEVERIFICATION.ORG, Customer breaches any material provision of this Agreement and has not cured same by the end of the 20 days; (iv) by AGEVERIFICATION.ORG at any time in the event of nonpayment by Customer as provided in Paragraph 3 above; and (v) by AGEVERIFICATION.ORG, at any time, without notice, if, in AGEVERIFICATION.ORG's sole judgment, Customer is in violation of any terms or conditions of AGEVERIFICATION.ORG's Service Usage Policy. In the event Customer's account is terminated for cause, all files and data belonging to Customer will be permanently deleted upon termination without the possibility of recovery. If Customer voluntarily terminates his/her account, Customer agrees that AGEVERIFICATION.ORG may immediately delete all of Customer's files, including all emails and email accounts. The cancellation notice shall only be deemed valid if it was made by completing our Cancellation Form at https://secure.ageverification.org/forms/cancel.php.
10. CHARGEBACKS
In the event a customer disputes our charge with their bank or credit card company for any reason resulting in a chargeback to us, we shall immediately delete the customer's account along with all related data without notice. All future accounts requested by the customer will require a signed credit card authorization form prior to any new account being opened.
11. OFFICIAL COMMUNICATION AND NOTICES
All official communication between AGEVERIFICATION.ORG and Customer as well as notices set forth within this agreement shall be by email. Customer shall send all notices and official communication to AGEVERIFICATION.ORG at the email address [email protected]. AGEVERIFICATION.ORG shall send all notices and official communication to Customer at the email address listed in Customer's account record. It is solely Customer's responsibility to ensure that the email address listed with AGEVERIFICATION.ORG is accurate and up to date. In the event AGEVERIFICATION.ORG sends a notice of cancellation, renewal invoice or any other official notice to an email address that is no longer valid for Customer, such notice shall be deemed delivered per this agreement. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.
12. MISCELLANEOUS
This Agreement sets forth the entire agreement between AGEVERIFICATION.ORG and Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. Customer may not transfer or assign this Agreement without AGEVERIFICATION.ORG's prior written consent. This Agreement shall be governed by the laws of the United States Of America and the State Of Florida and all claims concerning this Agreement shall be brought exclusively in the state or federal courts located in the County of Hillsborough in the State of Florida. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defenses concerning said forum.