By agreeing to an online sign-up or subscription flow that references these Terms of Service, or by registering for, accessing or using the Services (as defined below), you (“Customer”) accept and agree to be bound by these Terms of Service (this “Agreement”), and that this Agreement forms a binding contract entered into between Customer and Take 2 Identity, Inc. d/b/a Verosint, a Delaware corporation (“Verosint”). By entering into this agreement on behalf of a company, organization or other legal entity, such as Customer’s employer, Customer represents that it has the authority to bind such entity and its affiliates to the terms of this Agreement, and, accordingly, "Customer" shall refer to such entity and its affiliates. Customer and Verosint may be referred to herein individually as a “Party” or collectively as the “Parties”.
If Customer does not agree to all of the terms of this Agreement, or does not have authority to enter into this Agreement, then Customer may not use the Services.
Please note that Verosint may modify the terms and conditions of this Agreement from time to time in accordance with Section 1.2.
The Services may provide, or third parties may provide via the Services, links, integrations or other access to third party sites, services, content and resources (collectively, “Third Party Services”). Verosint has no control over any Third Party Services and Verosint is not responsible for, and does not endorse, any Third Party Services. Customer further acknowledges and agrees that (i) any dealings Customer has with any Third Party Services are solely between Customer and the relevant third party, and such dealings are subject to the relevant terms and privacy policies of such Third Party Services, and (ii) Verosint will not be, directly or indirectly, responsible or liable for, and Customer hereby agrees to hold Verosint harmless from and against, any damages, harm, liabilities, losses or expenses in any way arising from or relating to any Third Party Services or Customer’s use thereof.
IN NO EVENT WILL Verosint BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER Verosint WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL Verosint’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED ONE THOUSAND DOLLARS ($1,000).
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Section 7.2, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to seek equitable relief, including a restraining order, injunction or any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.