Vouch Legal

Welcome and thank you for using our Website and Services. You can use our Website for online access to your account, product information, educational content, our Services, quotes, and much more (our “ Services”).

These Terms of Use (“Terms”), govern your use of the website and Services (collectively, the “Website”) offered by Vouch, Inc. and its affiliates (collectively “Vouch,” we,” “us,” or “our”). The terms “you,” “your,” and “user” mean you individually and, if you access or use this Website on behalf of a company, mean you and your company collectively (in which case you represent that you are authorized to accept these Terms on behalf of your company). 

Here is a simple summary of the Terms of Use:

• You agree to abide by and be legally bound by these Terms of Use and related notices and policies, as applicable, by accessing this Website or using our Services. Collectively, these form a legally binding agreement between us and you.
• You are responsible for all accuracy, reliability, and legality of the information you submit and provide to us.
• All information you provide through the Website is governed by our Online Privacy Notice and related notices and disclosures. 
• We reserve the right to update these Terms, and your continued use of the Website after any changes means you accept the revised Terms. 

We reserve the right to update these Terms at any time by posting the updated terms to the Website. All changes are effective immediately when we post them on the Website. Your continued use of the Website following the posting of updated Terms means that you accept and agree to the changes. You agree that it is your responsibility to review the most current version of the Terms when accessing the Website.  If you disagree with the Terms or are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

Obligations and rights provided for under any Additional Terms (defined below), terms of insurance Policies and/or other agreements may only be modified under the terms of such Additional Terms, insurance Policies, or other agreements, as applicable.

Additional Terms

Vouch may offer you business products, Services, or software subject to additional terms and conditions (“Additional Terms”). We may update those Additional Terms at any time by posting the updated terms to the Website. All changes are effective immediately when we post them on the Website. Your continued use of the Website following the posting of updated Additional Terms means that you accept and agree to the changes.  ‍

Insurance Services

Insurance services are offered by Vouch Insurance Services, LLC, (“Vouch Insurance”) or Vouch Specialty Insurance Services, LLC (“Vouch Specialty”), affiliates of Vouch, Inc.  Vouch Insurance and Vouch Specialty are licensed as insurance producers in the states where Vouch offers its Services. Please visit: Licenses for additional information.

Vouch Website and Product Disclosures

Products, coverages, discounts, insurance terms, quotes, definitions, and other descriptions are intended for informational purposes only. Any cost, coverage, or premium stated before an official quote are estimates and an approximation and are not guaranteed. Actual cost, coverage, and premium are subject to the unique considerations of each individual risk. Quotes are based on information provided to Vouch and are subject to required underwriting and rating factors. Until an official quote is provided, all communications or advertisements (including, but not limited to, products, discounts, insurance terms, informal quotes, and definitions, etc.) provided on this Website or by Vouch are informational purposes only, and are not an offer nor guarantee of available premiums or coverage. They do not in any way replace or modify the terms and conditions contained in your individual Contracts, which are controlling. This information may not be used to modify any policy that might be issued. Any information provided to assist in understanding the coverage we offer does not modify any insurance policy, nor does it imply that any claim is covered. Products, coverages, terms, and discounts may vary by state. Exclusions may apply. Not all products and discounts are available to all businesses in all states.

Void Where Prohibited

Our Services are intended for use for those areas in the United States where we, our affiliates, our partner insurers, our brokers, or our agents are licensed and permitted to sell our products and Services. Although our Services may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law.

PLEASE READ THIS DOCUMENT CAREFULLY; IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.

You may use the Website only for lawful purposes and in accordance with these Terms. In addition, you agree to the following:

• In order to access some parts of the Website, you may be required to provide certain information about yourself (such as name, email address, contact details, business affiliation, etc.) as part of the registration process, or as part of your ability to use the Services.
• All information you provide through the Website or otherwise collected by Vouch is governed by our Online Privacy Notice, and you consent to all actions we take with respect to your information consistent with that Notice.
• You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Website, and you are responsible for all activities that occur under your account(s). You may not share your password or establish an account for any other person. Vouch is entitled to act on instructions received under your unique login and password. You will notify Vouch immediately if you believe someone else has obtained your unique login and password or any unauthorized access to your account has occurred or may occur. Vouch may block access to your account without prior notice if we believe your unique login and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or other reasons.
• You are responsible for whatever content you submit and you—not Vouch—have full responsibility for such content, including its legality, reliability, and appropriateness. By uploading or otherwise transmitting content to any area of the Website, you represent and warrant that the content is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website or otherwise submit it to Vouch. You hereby grant to Vouch, its successors and assigns, a worldwide, non-exclusive, perpetual, right and license to use and share all content you upload or otherwise transmit to or through the Website, or content otherwise collected by Vouch, in any manner Vouch chooses, including but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it.
• You must be 18 years of age or older and located in the United States to use the Website.
• We may discontinue any aspect of the Website or Services, at any time, without prior notice to you.

Prohibited Uses

You may not use the Website:

• In any way that violates any applicable federal, state, local, or international law, regulation or directive.
• To send payments directly or indirectly to, or for the benefit of, any person or entity that is (a) located in any country or jurisdiction that is subject to U.S. economic sanctions; (b) identified on any U.S. government list of prohibition, including the Specially Designated Nationals and Consolidated Sanctions List of the Office of Foreign Assets Control, U.S. Department of the Treasury; or (c) owned or controlled by any person or entity in (a) or (b).
• To solicit, for commercial purposes, any users of the Website.
• To impersonate or attempt to impersonate Vouch, a Vouch employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Vouch or users of the Website, or expose them to liability.

You further agree not to:

• Access Website content through any technology or unauthorized means other than through user interaction expressly invited on the Website.
• Use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more requests to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional online browser.
• To reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive the source code underlying the Website.
• To develop, support, or use software, devices, scripts, robots or any other means or processes (including browser plugins, add-ons, and crawlers,or any other technology) to scrape the Website or services or otherwise copy profiles and other data from the Website in order to enable, use, or build a similar or competitive product or service.
• Use any device, software, or routine that overburdens or interferes with the proper working of the Website.
• Use any manual or other process to monitor or copy any of the content on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material to the Website that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Misrepresent an affiliation with any person or organization.
• Use any electronic communication feature of the Website for any purpose that is abusive, tortious, intrusive on another’s privacy, harassing, libelous, defamatory, obscene, threatening, hateful, or otherwise unlawful.

Electronic Transactions and Communications Consent

Our goal is to make your experience with Vouch as simple as possible; which is why we communicate electronically with you as much as possible and allow you to access your insurance policy and related information, online. If you enter into a transaction with us via the Website, you acknowledge that you have read and agree to the following terms:

Definitions

“Communication(s)” means all the information we are required to provide to you by law, or as reasonably necessary to administer your Contract, which includes, but is not limited to: general communications, your quote, online enrollment or application, declarations page, Policy, certificate, terms and conditions, responses to claims, transaction history, privacy notices, periodic billing statements, amendments, services, notices, and disclosures about changes in the terms of your Contract, and any other information you may request from us.

“Contract” means a Policy/certificate or any other product or service requested by you and provided by us.

“Policy” means a written contract of insurance, or written agreement or certificate effectuating insurance, and includes all clauses, riders or endorsements, and declarations pages.

Scope of Communications to be Provided in Electronic Form

You acknowledge that Vouch relies on electronic communications as a core component of its Services; by signing up for our Services you consent to receive any and all Communications in electronic format (including paper Communications that may have been required to be sent via U.S. mail). If you are using the Website or Services on behalf of a Business Customer you represent that you have affirmative consent and are authorized by Business Customer to receive electronic disclosures from Vouch through the Website. You further acknowledge that we may authorize an agent to deliver certain Communications to you on our behalf and perform other services to help facilitate the delivery of Communications to you.

Method of Providing Communications to You in Electronic Format

All Communications we provide to you in electronic format will be provided by one or more of the following methods (to the extent permissible by law): (i) via email; or (ii) by access to our Services, through our Website. We will provide a particular Communication in writing if required by law to do so.

How to Withdraw Consent

You may withdraw your consent to receive electronic Communications by reaching out through our Contact Us channels below. At our option, we may treat an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent, however, we may no longer be able to provide Services to you, and may terminate your use of Vouch Services in whole or in part. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. Termination of your consent to conduct business electronically will not affect legal enforceability of any Contract provided to you.

How to Update Your Contact Information

It is your responsibility to provide us with a true, accurate, and complete email address, contact, and other information related to these Terms and your Contract, and to maintain and promptly update any changes in this information. You can update your information by reaching out through our Contact Us channels below. Please do not send confidential information to us via email because we cannot guarantee that the transmission will be secure.

Hardware and Software Requirements

In order to successfully access, view, and retain electronic Communications from us, you must have:

• An up-to-date Internet browser to access your Communications;
• Local, electronic storage capacity to retain our Communications and/or a printer to print them;
• A valid email account and software to access it;
• An up-to-date device or devices (e.g., computer, Smartphone, tablet, etc.) suitable for connecting to the Internet;
• Added the domain vouch.us to your email account’s list of safe senders;
• Software that enables you to view files in Portable Document Format (“PDF”). You may be able to download the most recent version of Adobe Reader by clicking here. If you cannot download the most recent version of Adobe Reader, please call your manufacturer to find out how to download software that is functionally equivalent.

Requesting Paper Copies

When you consent to receive Communications electronically, you should not expect to receive a paper copy of any Communication, unless you request a paper copy, a paper or other written copy is required by law, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail one to you. We may charge you a reasonable service fee for a paper copy. To request a paper copy, you may do so by reaching out through our Contact Us channels below.

Payment Obligations

If you choose to make payments through the Website, you agree to make all payments through Stripe, a third-party service provider that Vouch has engaged to accept and process credit card, debit card, ACH/bank account debit, and other types of payments (“Payment Partner”). You may be required to register with our Payment Partner to use some of the Website. Vouch does not assume any liability for the actions or services of our Payment Partner, as described more fully below.

You acknowledge and agree that Vouch is authorized, but not required, to act on payment instructions received from you or anyone using your account. You authorize Vouch to: (i) periodically initiate payments from or debits against your financial account(s) for the amounts then due; and (ii) initiate any other payments or debits authorized by you or anyone using your account. This authorization will remain in force for thirty (30) days after you change your payment preferences. All payments must be made in U.S. dollars. You acknowledge and agree that Vouch may share your information, including information about your financial accounts, with our Payment Partner for this purpose. You should be aware that online payment and debit transactions are subject to validation checks by our Payment Partner and your card issuer or financial institution, and we are not responsible if your card issuer or financial institution declines to authorize payment or a debit for any reason. For your protection, our Payment Partner uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize our Payment Partner to verify and authenticate your payment information. Please note that it is possible that your card issuer or financial institution may charge you an online handling fee or processing fee for these online transactions. We are not responsible for such fees.

You understand and agree that no transaction, including, without limitation, the purchase of any Policy, is final until you receive a confirmation from Vouch. Please print and save the confirmation displayed on the Website after making a purchase.

Ownership and Use of Website Content

The Website and its entire content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Vouch, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only.  You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download a reasonable number of copies of the material on or available through the Website for your own personal, non-commercial use.

You are strictly prohibited from modifying copies you make of any materials from the Website and from deleting or altering any copyright, trademark, or other proprietary rights notices from copies you make of materials from the Website. Further, you must not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us or the Website, unless you are expressly permitted to do so under an open source license or we give you express written permission.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted to you by these Terms are reserved by Vouch. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks 

The Vouch name, the Vouch logo, and all related names and combinations of the foregoing, and all other trademarks, service marks, trade names, logos, icons designs, and slogans, registered or not, are the property are trademarks of Vouch or its affiliates or licensors. You must not use such trademarks without the prior written permission of Vouch.  All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Online Privacy Notice

When you use our Website, we may obtain data from and about you and your device used to engage with the Website so we can continually improve your experience with Vouch. Please review our Online Privacy Notice for more information on how we collect and use your information.

Termination of Your Account or Use of Our Services

You agree that we may, at our sole discretion, suspend, limit, or terminate your access to all or part of the Website or these Terms with or without notice and with or without cause, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship with Vouch and may be referred to appropriate law enforcement authorities. Upon suspension or termination of your account, your right to use the Website will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Your Policy may be canceled or nonrenewed for reasons in accordance with state and federal regulations including termination of the policy for a single claim or loss where allowed.

We may withdraw or amend the Website, and any Service or material we provide on the Website, in our sole discretion, without notice.  We are not liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or to some users.

Third-Party Websites 

The Website may contain links to third-party websites or services and co-branded pages that are not owned or controlled by Vouch, including our Payment Partners. Vouch has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.  If you access a third-party website from our Website, you do so at your own risk, and you understand that these Terms and our Privacy Notice do not apply to your use of such other sites. You expressly relieve Vouch from any and all liability arising from your use of any third-party website or services or third-party owned content. We encourage you to be aware of when you leave our Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

DISCLAIMER OF WARRANTIES | LIMITATION OF LIABILITY

We try to keep the Website up, bug-free, and safe, but you use it at your own risk.  WE ARE PROVIDING THE WEBSITE “AS IS” WITHOUT ANY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE SAFE, SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. ADDITIONALLY, WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATION, OR THAT THE CONTENT ON THE WEBSITE WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOUCH OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD-PARTIES. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.

WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF AND ACCESS TO THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Vouch is a business insurance provider intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and OUR SOLE AND ENTIRE MAXIMUM AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF AND ACCESS TO THE WEBSITE AND YOUR SOLE AND EXCLUSIVE REMEDY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US TO ACCESS OR USE THE WEBSITE IN THE TWELVE MONTHS PRIOR TO THE DATE YOUR CLAIM AROSE, EXCLUDING ANY PREMIUMS FOR INSURANCE POLICIES AND FEES ASSOCIATED WITH OTHER VOUCH PRODUCTS.  

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless Vouch and its officers, directors, employees, agents, affiliates, third-party information providers, licensors, and others involved in the Website or the delivery of products, services, or information over the Website (collectively, the “Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms or your use of the Website or any products, Services, or information obtained through the Website. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third-parties arising out of your use of the information accessed from the Website. You shall give the Indemnified Parties prompt written notice of any claim or potential claim.

Governing Law

This Site is operated from the US. All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), are (or will be) governed by and construed in accordance with the internal laws of the State of California, without reference to: (a) any conflicts of law principle that would apply the substantive rights of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. You consent to the personal and exclusive jurisdiction of the federal and state courts of San Francisco County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. We retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. 

Dispute Resolution and Binding Arbitration

If you have any concern or dispute with Vouch, you agree to first try to resolve the dispute informally by contacting us at: vouchlegal@vouch.us. If a dispute is not resolved within 30 days of submission, any resulting legal actions must be resolved through final and binding arbitration, except that you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so and your individual claims in small claims court if your claims qualify.

AGREEMENT TO ARBITRATE: BOTH PARTIES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTE OR CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR ACCESS TO VOUCH PRODUCTS OR SERVICES THROUGH OUR WEBSITE OR SOFTWARE, YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, OR ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING OUR ONLINE PRIVACY POLICY, TERMS OF USE, DATA PROCESSING ADDENDUM, AND ANY OTHER APPLICABLE ADDITIONAL TERMS) OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OF THE VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING, INDIVIDUAL ARBITRATION.

JAMS will administer the arbitration in San Francisco County, California pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR VOUCH WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER BUSINESS CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding (unless all parties agree otherwise in writing). The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. Further, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other entities or Vouch Business Customers, and cannot be used to decide other disputes with other Business Customers. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-WIDE OR REPRESENTATIVE ARBITRATION, AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT (INCLUDING FOR ANY CLAIM THAT IS DETERMINED NOT TO BE SUBJECT TO ARBITRATION UNDER THESE TERMS). If a court decides that this class action waiver is not enforceable or valid, then the entire agreement to arbitrate will be null and void, but the rest of this Agreement will still apply.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee-shifting provided by law. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. 

Notwithstanding the foregoing, in the event your use of the Website violates these Terms, you agree that we are entitled to apply for injunctive remedies in any jurisdiction and waive any opposition to such injunctive relief as well as any demand that we post a bond or other security.

Miscellaneous

Relationship. Nothing contained in these Terms will in any way constitute any association, partnership, agency, employment or joint venture between the parties to these Terms, or be construed to evidence the intention of the you or Vouch to establish any such relationship. You and Vouch do not have the authority to obligate or bind each other, in any manner.

Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any attempted assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to: 

Vouch, Inc.
Attn: Legal Department
250 Montgomery Street, Suite 700
San Francisco, CA 94104 

We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Waiver. No waiver by Vouch of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Vouch to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Vouch. 

Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be interpreted to achieve its original effect to the maximum extent permitted by applicable law and the remaining Terms will continue in full force and effect.

Contact Us

If you have any questions, comments, concerns, or compliments about these Terms, please contact us:

        Call Us: (415) 488-6728

        E-mail Us: vouchprivacy@vouch.us

        Write to Us:
        Vouch, Inc.
        Attn: Legal Department
        250 Montgomery Street, Suite 700
        San Francisco, CA 94104