These Terms of Use (“Agreement”) constitute a legally binding agreement between you and AgeChecker.Net (“AgeChecker.Net,” “we,” “us,” or “our”). This Agreement governs your access to and use of AgeChecker.Net’s age and identity verification platform and technology, our website (https://www.agechecker.net), and any related content, functionality, or services (collectively, the “Services”). Our Services are typically presented to you within the checkout process of a third-party online retailer (“Business Client”) to verify your age for the purchase of age-restricted products. Our Services act as a secure intermediary, collecting your information and transmitting it to third-party data sources to perform a verification check, and then reporting the results to the Business Client.

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, including by submitting your information into our verification platform, or by clicking to accept or agree to this Agreement when this option is presented to you, you accept and agree to be bound by this Agreement and our Privacy Policy, available here: Customer Privacy Policy (“Privacy Policy”), which is incorporated herein by reference. If you do not agree to this Agreement or the Privacy Policy, you must not access or use the Services and will not be able to complete your purchase of age-restricted goods from the Business Client.

By accessing and/or using the Services, you represent that you are of the legal age required to purchase the specific products offered by our Business Client in your jurisdiction. This age may be 18, 21, or another age as required by applicable federal, state, and local laws and the policies of the Business Client. Our Services are not directed to individuals who do not meet the applicable minimum age requirement. By using the Services, you represent and warrant that: (i) you can form a binding contract with us; (ii) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction; and (iii) you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

We may revise and update this Agreement from time to time at our sole discretion. All changes are effective immediately upon posting. Your continued use of the Services after such changes are posted signifies your acceptance of the updated Agreement.

Our Service is provided as a tool for our Business Clients to meet their legal compliance obligations. The settings, including minimum age requirements and whether a photo ID is required for every purchase, are determined by the Business Client and we cannot override them.

From time to time, interruptions, errors, delays, or other deficiencies in providing access to the Services may occur due to a variety of factors, some of which are outside of AgeChecker.Net’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Services (“Downtime”). You acknowledge that part or all of the Services may be unavailable during any such period of Downtime.

You may use the Services only for lawful purposes and for the explicit purpose of verifying your own age and identity. You agree not to:

• Use the Services in any manner contrary to local, state, federal, or international laws.
• Provide any false, misleading, or inaccurate information, including your name, date of birth, address, or any information on a government-issued ID.
• Submit, upload, or transmit an image of a government-issued ID that is forged, altered, not your own, or otherwise fraudulent.
• Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted materials, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without our prior written consent.
• Use any robot, bot, spider, crawler, scraper, site search / retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or their content.
• Use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to the Services.
• Upload viruses or other malicious code or otherwise compromise the security of the Services.
• “Frame” or “mirror” any part of the Services without our prior written consent.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or cause others to do so.
• Use or develop any third-party application that interacts with the Services without our prior written consent.
• Probe, scan, or test the vulnerability of our Services or any system or network.
• Encourage or promote any activity that violates this Agreement.
• Impersonate any person or misrepresent your affiliation or identity.

Our Services require you to submit personal information for verification. This may include your name, address, date of birth, and, if our automated verification is unsuccessful, an image of your government-issued photo ID ("Verification Data"). This is not considered a "User Contribution" for public display.

You represent and warrant that all Verification Data you provide is true, accurate, current, and complete, and that any photo ID you submit is a valid, un-altered, government-issued document belonging to you. By submitting your Verification Data, you expressly authorize AgeChecker.Net to securely transmit this data to its third-party verification partners and to share the results and an audit log of the data with the Business Client from whom you are making a purchase, all for the purpose of completing the age and identity verification.

We have the right to:

• Refuse to process any verification attempt that we, in our sole discretion, believe may be fraudulent or in violation of this Agreement.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services, such as the submission of a fraudulent ID.
• Terminate or suspend your access to the Services for any violation of this Agreement.
• YOU AGREE THAT YOU WAIVE AND HOLD HARMLESS AgeChecker.Net, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS ARISING OUT OF OR RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

In alignment with the Digital Millennium Copyright Act (“DMCA”), we have established the procedure outlined below to address any alleged copyright infringement on the Services. If you believe your work has been copied and has been posted on the Services in a way that constitutes copyright infringement, you may provide us with notice of your complaint by contacting us at help@agechecker.net with the following information, in writing:

• The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material.
• Your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

After receiving a notification, we will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.

You acknowledge that the Services and all materials on the Services, including without limitation to the Services' design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof (collectively, “Materials”) are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Services, including without limitation to trademarks registered in the United States (collectively, “Marks”) are the sole property of AgeChecker.net. In addition, all page headers, custom graphics, and custom icons are Marks of AgeChecker.net.

AgeChecker.net grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services as intended by AgeChecker.net, and as permitted by this Agreement. All rights not expressly granted herein are reserved by AgeChecker.net. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks, or other intellectual property do not constitute or imply affiliation with, endorsement of, or recommendation of AgeChecker.net by the respective trademark owner(s), or by AgeChecker.net of the respective trademark owner(s).

• DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, AGECHECKER.NET MAKES THE FOLLOWING DISCLAIMERS OF WARRANTIES. AGECHECKER.NET DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN RESULTS PROVIDED ON THE SERVICES. THE VERIFICATION RESULT ("VERIFIED" OR "NOT VERIFIED") IS BASED ON INFORMATION RETURNED TO US BY OUR THIRD-PARTY PARTNERS AND ON THE DATA YOU PROVIDE. WE DO NOT CREATE, CONTROL, OR GUARANTEE THE ACCURACY OF THE UNDERLYING PUBLIC RECORDS OR OTHER DATA USED IN THE VERIFICATION PROCESS. OUR SERVICE IS LIMITED TO THE SECURE COLLECTION AND TRANSMISSION OF DATA AND THE REPORTING OF THE RESULT WE RECEIVE. AGECHECKER.NET PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. AGECHECKER.NET EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPECIFICALLY, WE DO NOT GUARANTEE THAT YOU WILL BE SUCCESSFULLY VERIFIED, AS THE RESULT DEPENDS ON THE ACCURACY OF THE DATA YOU PROVIDE AND THE DATA AVAILABLE FROM OUR THIRD-PARTY VERIFICATION SOURCES. WE ARE NOT RESPONSIBLE FOR ANY DECISION MADE BY OUR BUSINESS CLIENT BASED ON THE VERIFICATION RESULT, INCLUDING THEIR REFUSAL TO COMPLETE A TRANSACTION WITH YOU.

• LIMITATION OF LIABILITY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL AGECHECKER.NET BE LIABLE TO ANY USER OF THE SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH DAMAGES OR A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CLAIM AVAILABLE UNDER APPLICABLE LAW, EVEN IF AGECHECKER.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, A FAILED VERIFICATION ATTEMPT DUE TO INFORMATION PROVIDED BY OUR PARTNERS, THE INABILITY TO COMPLETE A PURCHASE ON A BUSINESS CLIENT’S WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY ANY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH REGARD TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH LINKS PROVIDED ON THE SERVICES. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (US).

• INDEMNITY. YOU AGREE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AGECHECKER.NET AND ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM ANY AND ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING ATTORNEYS' FEES), PENALTIES AND/OR OTHER EXPENSES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE SERVICES, YOUR SUBMISSION OF FALSE, INACCURATE, OR FRAUDULENT INFORMATION, OR YOUR VIOLATION OF THIS AGREEMENT.

Under no circumstances shall AgeChecker.net be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.

• Disputes. The terms of this Section shall apply to all Disputes between you and AgeChecker.net. For the purposes of this Section, “Dispute.” shall mean any dispute, claim, controversy or action between you and AgeChecker.net arising under or relating to your use of the Services, this Agreement, or any other transaction involving you and AgeChecker.net, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND AgeChecker.net AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY AgeChecker.net FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF AgeChecker.net.

• Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to AgeChecker.net at help@agechecker.net within thirty (30) calendar days of your initial agreement to this Agreement (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of this Agreement shall continue to apply.

• Dispute Notice. In the event of a Dispute, you or AgeChecker.net must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice ”). The Dispute Notice to AgeChecker.net must be addressed to 29899 Agoura Rd #210, Agoura Hills, CA 91301 (“AgeChecker.net Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If AgeChecker.net and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or AgeChecker.net may proceed pursuant to this Section. You and AgeChecker.net will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.

• Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys' fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this section.

• Binding Arbitration. In the event mediation is unsuccessful or is not pursued, you and AgeChecker.net agree: (1) to arbitrate all Disputes between you and AgeChecker.net pursuant to the provision of this Agreement; (2) this Agreement memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.), as amended, governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in this Agreement.

• Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court's jurisdiction and is pending only in that court.

• WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY CLAIMS RELATING TO PERFORMANCE, INTERPRETATION, ENFORCEMENT, OR BREACH OF THIS AGREEMENT.

• WAIVER OF CLASS ACTIONS AND CLASS ARBITRATION. YOU AND AGECHECKER.NET AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND AGECHECKER.NET AGREE THAT NO DISPUTE SHAL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

• MASS ACTION WAIVER. You and AgeChecker.net agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and AgeChecker.net expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or AgeChecker.net are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or AgeChecker.net’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or AgeChecker.net from participating in a mass settlement of claims.

• Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firms; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice to help@agechecker.net. AgeChecker.net may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.

• Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitrator provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filings fees assessed for, each batch as the batch proceeds to arbitration.

• Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

• Hearing Format. Unless otherwise agreed, the arbitration shall take place in Los Angeles County, California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by AgeChecker.net or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AgeChecker.net is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

• Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of this Agreement.

• Exclusive Venue for Other Controversies. AgeChecker.net and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

You agree that: (i) AgeChecker.net shall be deemed solely based in the State of California (USA); and (ii) AgeChecker.net shall be deemed a passive website that does not give rise to personal jurisdiction over AgeChecker.net, either specific or general, in jurisdictions other than the State of California. The laws of the State of California, without regard to its conflict of laws rules, will govern this Agreement, as well as your observance of them. If you take any legal action relating to your use of AgeChecker.net or this Agreement, you agree to file such action only in the state and federal courts located in Agoura Hills, California. In any such action or any action AgeChecker.net may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees.

This Agreement is effective until terminated either by AgeChecker.net or you. We, in our sole discretion, may suspend or terminate this Agreement at any time with or without notice, and may deny you access to the Services or any portion thereof as a result. You may also terminate this Agreement at any time by discontinuing your use of the Services. Upon termination of this Agreement by us or you, you must destroy all materials obtained from the Services, including any and all copies of such materials whether made under this Agreement or otherwise.

This Agreement constitutes the entire agreement between you and AgeChecker.net. If any part of this Agreement are determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation or risks, and the remainder of this Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. You agree that your AgeChecker.net account is non-transferable and all of your rights to your account terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind AgeChecker.net.

If you have any questions about this Agreement, contact us at: help@agechecker.net.

Capitalized terms in this Agreement have the meanings assigned to them in this Section 12 or elsewhere in these this Agreement, unless the context otherwise requires, which meaning will be equally applicable to both the singular and plural forms of such terms. In this Agreement, unless a clear contrary intention appears (a) ”Section” refers to sections of this Agreement; (b) ”including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term, and (c) any provision for Company’s consent or approval allows Company to grant or withhold its consent or approval in its sole and absolute discretion.

2.1 Services. Subject to the terms of this Agreement, Company will provide age verification services to Customer through the Platform.

2.2 Updates. Company reserves the right to change or upgrade any equipment or software that Company uses to provide the Services without notice to Customer. Company may install security patches, updates, upgrades and service packs with respect to the Platform (“Updates”) as Company determine in its sole discretion, and Company reserves the right, but not the obligation, to roll back any Updates. Updates may change system behavior and functionality and as such may negatively affect the Services used by Customer. Company will not be responsible or liable for service disruption or changes in functionality or performance due to Updates. Company will not be responsible or liable for issues that may arise from incompatibilities between Customer's systems or software and any Update or hardware or software change or configuration, regardless of whether discretionary or requested.

2.3 Access Credentials. Customer is responsible for safeguarding the username, password and other access credentials that Customer uses to access the Platform and Services (“Access Credentials”) and Customer agrees not to disclose Customer's Access Credentials to any third party. Customer is responsible for any activity using Customer's Access Credentials, whether or not Customer authorized that activity. Customer will immediately notify Company of any unauthorized use of Customer's account and of any actual or potential disclosure of Customer's Access Credentials. Customer acknowledges that if Customer wishes to protect Customer's transmission of data or files to Company, it is Customer's responsibility to use a secure encrypted connection to communicate with the Platform and Services. Company makes no representations or warranties as to the security of any such encrypted connection, however, and Customer agrees that Company will have no liability if it fails to protect Customer's transmission.

3.1 Conditions for Receipt of Services. Customer will use the Services for business purposes only. Customer’s receipt of Services hereunder is at all times conditioned on Customer:

• (a) providing Company with all information reasonably necessary for Company to provide the Services;
• (b) complying with the Specifications at all times and using only the Access Credentials provided by Company;
• (c) ensuring that Customer and User information sent to the Platform is accurate, complete, not corrupted by Customer’s systems, and in the form agreed to by Company;
• (d) otherwise performing Customer’s obligations under this Agreement;
• (e) reviewing all transactions periodically and notifying Company promptly of suspected fraudulent or unauthorized activity by Users with respect to which Customer uses the Platform and Services;
• (f) promptly informing Company whenever it knows or reasonably believes a security breach has occurred that involves or potentially involves User Data, and cooperating with Company to investigate, remediate and prosecute any such security breach and reimbursing Company for remediation costs incurred in connection with any such security breach (including provision of notice to affected individuals and relevant public authorities and daily credit monitoring and identity theft insurance for any breach that poses a risk of identity theft);
• (g) complying with all applicable Law in the use of the Platform and Services; and
• (h) cooperating with Company on technical matters as necessary to cause the parties’ respective servers to interoperate successfully such that transaction data are accurately recorded and processed and securely transmitted and stored.

3.2 Users. 

• (a) Customer understands that the Platform will be configured to require each User to agree to Company's terms and conditions and privacy policy applicable to Users (the “User Terms”) before a User's information may be submitted and processed by the Platform. Customer will provide Company with copies of all forms of agreements between Customer and its Users (including all website "terms of use," "terms of service," "privacy policies" and the like) for review and will assure that Customer's agreements with Users do not conflict with the User Terms.
• (b) Customer will be solely responsible for providing support to Users and all communications with Users, aside from those conducted directly by the Platform.

3.3 Regulatory Limitations and Permissible Purposes. 

• (a) The Services may use and/or display nonpublic personal information that is governed by the privacy provisions of the Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws (collectively, the "GLBA"). Customer certifies it has the following permissible purpose under the GLBA to use and/or obtain such information: "as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer by verifying the identification information contained in applications" (the "GLBA Purpose"). Customer further certifies it will use information obtained from the Services only for the GLBA Purpose.
• (b) The Services may use and/or display personal information, the use of which is governed by the Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA''). Customer certifies it has the following permissible use under the DPPA to use and/or obtain such information: "For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only (A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against the individual" (the "DPPA Use"). Customer further certifies it will use information obtained from the Services only for the DPPA Use. With regard to the information that is subject to the DPPA, some state laws' permissible uses may not include the DPPA Use. In such cases, some state information may not be available through the Services.
• (c) The Services are not provided by "consumer reporting agencies," as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) ("FCRA'') and do not constitute "consumer reports," as that term is defined in the FCRA. Accordingly, the Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Further, (a) Customer certifies that it will not use any of the information it receives through the Services to determine, in whole or in part an individual's eligibility for any of the following products, services or transactions: (i) credit or insurance to be used primarily for personal, family or household purposes, (ii) employment purposes, (iii) a license or other benefit granted by a government agency, or (iv) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including apartment rental, check-cashing, or the opening of a deposit or transaction account, and (b) Customer will not use any of the information it receives through the Services to take any "adverse action," as that term is defined in the FCRA.
• (d) The Services involve access to data from the federal Death Master File with respect to any deceased individual at any time during the three-calendar-year period beginning on the date of the individual's death ("DMF Data"), requiring a certification of purpose pursuant to 15 CFR Part 1110 and 18 U.S.C. § 1001. Accordingly, Customer hereby certifies that Customer has a legitimate fraud prevention interest to detect and prevent fraud and/or to confirm identities across its commercial business and/or government activities (the "DMF Purpose"). Customer represents and warrants to Company that it has systems, facilities, and procedures in place to safeguard DMF Data, and experience in maintaining the confidentiality, security, and appropriate use of such information, pursuant to requirements similar to the requirements of 26 U.S.C. § 6103(p)(4) and Customer agrees to satisfy the requirements of such 26 U.S.C. § 6103(p)(4) as if it applied to Customer. Customer will use the DMF Data only for the DMF Purpose.

3.4 Customer Acknowledgement. Customer acknowledges that Company uses third-party providers to provide the Services, that such third party may unilaterally impose terms and conditions, suspend, block, investigate or otherwise restrict the provision of the Services and that despite Company’s efforts to continue to provide the Services, Company may be unable to do so. Customer further acknowledges that a governmental entity or other third party may have the right to fully investigate any complaint made in relation to the Services, Customer Content, or User Data, including the way in which Customer markets the Services to Users or uses Customer Content, and that Company may be required to comply with instructions ordered by the investigative body. That compliance may include providing information about Customer, its Users or the Customer Content to that investigative entity.

Company may in its sole discretion immediately suspend any Services and any right to use the Platform at any time in its discretion, including if:

• (a) Company believes that Customer has committed a material breach of this Agreement;
• (b) Company is obligated or believes itself obligated to suspend any Services to comply with an order, instruction, requirement, directive or request of any governmental body;
• (c) Company believes, in its reasonable opinion, that continuing to supply the Services to Customer may cause damage or harm to Company’s relationship with any governmental body, business partner or other third party related to the Services;
• (d) applicable Law or a regulatory action or lawsuit prohibits, impairs or makes impractical the provision of the Services;
• (e) a third-party supplier on whose services the provision of Services is dependent suspends its provision of those services to Company;
• (f) the Services are being used in a manner that Company determines or has been notified may otherwise create liability or may be fraudulent or illegal;
• (g) Customer or any third party has accessed the Services in violation of Section 3, or there has otherwise been unauthorized use of Customer’s Access Credentials.
• (h) Customer ceases to do business as an ongoing business concern, fails to meet its obligations as they come due or becomes subject to proceedings of bankruptcy, receivership, insolvency, liquidation or assignment for the benefit of creditors.

5.1 Fees. The Fees for use of the Platform and Services are set forth at https://agechecker.net/. Company expressly reserves the right to change or modify its prices and fees at any time, and any changes or modifications will be effective immediately on posting without need for further notice to Customer.

5.2 Payment. You agree to pay any and all Fees at the time you order the Services. Except for Fees payable on a per-transaction basis, all Fees are due in advance of the time period during which Services are provided. All invoices must be paid within 30 days of the invoice date. Any invoice that is outstanding for more than 30 days may result in the suspension or termination of Services. This may result in loss of data. Access to the account will not be restored until payment has been received. Any Fees not paid as and when due will incur late fees equal to 1.5% per month or the highest rate permitted by applicable Law. Customer will pay all costs and expenses incurred by Company in collecting any unpaid Fees, including court costs and fees, attorneys' fees and the commissions of collection agents.

5.3 Payment Methods. Company accepts various forms of payment, as set forth on the Platform from time to time (each, a “Payment Method”). Customer must provide and verify at least one Payment Method to use the Services. Customer authorizes Company to store, and contract with a third-party to store, Payment Method information for future use as provided in this Agreement. To the extent permitted by applicable Law, Company may use certain third-party vendors and service providers to process payments and manage Customer's Payment Method information. By providing Payment Method information, Customer represents and warrants that (a) Customer is legally authorized to provide that information to Company, (b) Customer is legally authorized to perform payments using the Payment Method(s); and (c) that action does not violate the terms and conditions applicable to Customer's use of those Payment Method(s) or applicable Law. When Customer authorizes a payment using a Payment Method, Customer represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.

5.4 Auto-Renewal. Unless otherwise provided, Customer agrees that until and unless Customer terminates the Services, the approved Payment Method will be billed on an automatically recurring basis to prevent any disruption to Services, using the Payment Method information provided to Company.

5.5 Taxes. Listed Fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Company's invoice as a separate charge to be paid by Customer.

5.6 No Refunds; Invoices Final. All Fees are non-refundable, even if the Services are suspended, terminated, or transferred before the end of any term for which Customer has paid. All invoices for Fees will be deemed as accepted and final unless Customer provides Company with a specific written description of any disagreement within 60 days after notice of the applicable invoice.

5.7 Credit Reports and Evaluation of Credit. Customer authorizes Company to obtain business and personal credit bureau reports in the name of the Customer at any time. Customer agrees to submit to Company current financial information in the name of the Customer at any time on request. Such information will be used for the purposes of evaluating or re-evaluating Customer's creditworthiness. Customer also authorizes Company to use such information and to share it with any Affiliate of Company in order to determine whether Customer is qualified for other products or services offered by any Affiliate of Company. Company may report its credit experience with Customer and Customer’s payment history to third parties. Customer agrees that Company may release information about Customer or Customer's account to any Affiliate of Company.

6.1 Platform. Company owns and will retain all right, title and interest in all Intellectual Property Rights embodied or fixed in, or otherwise pertaining to, the Platform. Subject to the terms and conditions of this Agreement, Company hereby grants to Customer a limited, non-exclusive, non-transferable license to use the Platform and the Specifications only during the Term of this Agreement and only to enable Company to provide Customer and its Users with the Services. Other than the foregoing grant of rights, Company does not grant, and Customer does not receive or possess, any right or interest in any of Company’s Intellectual Property Rights, or any other type of right or interest, whether an economic, property or moral rights interest in the Platform. Customer acknowledges that Company may from time to time upgrade or otherwise change the Platform or the Specifications in its sole discretion. Company will use commercially reasonable efforts to notify Customer of any such changes that may affect the Services or the way in which Customer connects to the Platform. Customer is responsible for satisfying itself that it can successfully interface with the Platform under the Specifications, and Customer understands that Company may change those Specifications from time to time and that Customer may not be aware when changes have been made or are about to be made. Customer is prohibited from copying or otherwise reproducing or attempting to reproduce the Platform. Customer agrees not to modify, disassemble, decompile, reverse engineer, create derivative works of the Platform.

6.2 Data. All User Data and other data relating to Users constitute Customer’s confidential information, and may also comprise private information belonging to Users. Customer will use information provided by Users through the Platform only in conformance with the Privacy Policy and will obey all applicable Law relating to informing Users of Customer’s privacy policy, and safeguarding their private information. Company has the right to use User Data for the purpose of performing its obligations or exercising its rights under this Agreement, and for improving the Services. Company also may aggregate User Data with that of other customers for the sole purpose of analyzing and improving Company’s services to all customers, so long as Company does not in the process disclose to any third parties User Data in a manner that is personally identifiable to a User, or to Customer.

6.3 Trademarks. During the Term, Customer may use Company’s names, marks, logos, and other identifiers (“Trademarks”) as and only to the extent incorporated into any Software provided to Customer as part of the Platform (such as plugins), provided that Customer will (a) not alter the Trademarks in any way and will use the applicable Software only in accordance with the Specifications (including any Specifications governing the placement of Company plugins and the content surrounding it) and only in connection with the Software in which they are incorporated; and (b) on termination of this Agreement for any reason, immediately cease all use of the Trademarks.

6.4 License of Customer Content. To the extent the Services include Company’s transformation of any Customer Content, Customer hereby grants to Company a non-exclusive, non-transferable, worldwide and royalty-free right and license to use the Customer Content as well as, to modify or edit, combine with other materials, and create derivative works of, the Customer Content with other contents and materials for the purposes of providing the Services.

6.5 Reservation of Rights. Each party does not grant, and hereby expressly reserves onto itself, all rights not granted in this Agreement.

6.6 Injunctive Relief. Customer agrees that any breach by Customer of this Section 6 is likely to cause irreparable injury for which Company would have no adequate remedy at law. Therefore, in the event of such a breach or threatened breach, Company will be entitled to seek injunctive relief, without limiting any other rights or remedies that may be available to it and Customer agrees to waive any requirement for the securing or posting of any bond in connection with any Company efforts to seek injunctive relief in accordance with this Section 6.6.

7.1 Authority. Customer represents, warrants and covenants to Company that it has full power and authority to enter into this Agreement, to carry out its obligations under this Agreement and to grant the rights and licenses granted by it to Company pursuant to this Agreement.

7.2 Approval. Customer warrants to Company that it has and will have at all times during the Term all licenses, approvals, qualifications, permits or certificates required in respect of the delivery of all Customer Content, User Data and other information provided pursuant to this Agreement.

7.3 Compliance with Law. Customer represents, warrants and covenants to Company that in connection with all actions under this Agreement, it will comply with all applicable Law, including all Law related to privacy.

7.4 Conflicting Obligations. Customer represents, and warrants to Company that it has no outstanding agreement or obligation which is in conflict with any of the provisions of this Agreement, or which would preclude it from complying with the provisions hereof, and further agrees that during the Term it will not enter into any such conflicting agreement.

7.5 Cooperation. Customer will provide Company with access to, and use of, all information, data, documentation and other materials reasonably necessary for Company to fulfill its obligations under this Agreement.

7.6 Content Warranties. In respect of any reproduction, adaptation or copy of an artistic work, audiovisual work, motion picture, sound recording, musical work, other copyrightable content, file or other data (each, a “Work”), forming part of Customer Content received or delivered in connection with the provisions of the Services, Customer warrants to Company that Customer has the Intellectual Property Rights, permission or proper authority necessary to allow the Work to be used through the Platform in provision of the Services without infringing the Intellectual Property Rights or other rights of any third party; and, if applicable, Customer has paid or will pay any royalty, license fees and all other properly imposed fees associated with the Work to a third party having the relevant Intellectual Property Rights.

Customer will defend, indemnify, save, and hold Company and its Affiliates, officers, employees, agents, suppliers or licensors harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, costs of investigation, and the amount of any settlements, asserted against Company and them that may arise or result from (a) Customer's and its Users' use of the Services or the Platform, (b) Customer's breach of any representation, warranty or covenant in this Agreement, (c) Customer's negligence, willful misconduct or violation of applicable Law, (d) any Customer Content or User Data, (e) any disclose of personally identifiable information or other confidential information in violation of third-party rights or applicable Law except if solely attributable to a willful violation of applicable Law by Company, or (f) any claim by a User.

9.1 Limitation of Liability. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, EVEN IF SUCH PARTY WILL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS. EXCEPT FOR CUSTOMER'S OBLIGATIONS UNDER SECTIONS 3.1(f), 3.3(d), 5, 8, 9.3 AND 11.10, IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT EXCEED THE LOWER OF (a) $1,000, AND (b) THE AGGREGATE AMOUNTS PAID OR PAYABLE BY WAY OF FEES FOR THE 6-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

9.2 Disclaimer of Warranties. ASIDE FROM THE WARRANTIES THAT COMPANY EXPRESSLY SETS FORTH IN WRITING IN THIS AGREEMENT, IT PROVIDES THE PLATFORM AND SERVICES “AS-IS” AND “WITH ALL FAULTS.” EXCEPT AS OTHERWISE SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND SERVICES AND CUSTOMER’S USE THEREOF. CUSTOMER WAIVES ANY AND ALL WARRANTIES THAT MAY BE IMPLIED BY LAW, INCLUDING, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS MADE REGARDING THE RESULTS OF THE SERVICES OR PLATFORM, OR THAT USE OF THE SERVICES OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SERVICES OR PLATFORM WILL BE CORRECTED, OR THAT THE SERVICES OR PLATFORM'S FUNCTIONALITY WILL MEET CUSTOMER'S REQUIREMENTS.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT PROVIDE ANY LEGAL ADVICE AND DOES NOT WARRANT THAT USE OF THE SERVICES WILL COMPLY OR ASSURE CUSTOMER'S COMPLIANCE WITH ANY CUSTOMER OBLIGATIONS UNDER APPLICABLE LAW. CUSTOMER UNDERSTANDS AND AGREES THAT IT IS CUSTOMER'S SOLE RESPONSIBILITY TO DETERMINE HOW TO COMPLY WITH APPLICABLE LAW AND THE BENEFITS, IF ANY, OF THE SERVICES IN DOING SO.CUSTOMER IS RESPONSIBLE FOR AND MUST PROVIDE ALL HARDWARE, SOFTWARE, SERVICES AND OTHER COMPONENTS NECESSARY TO ACCESS AND USE THE SERVICES, OTHER THAN THE PLATFORM. COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES THAT CUSTOMER'S HARDWARE, SOFTWARE AND OTHER SERVICES AND SYSTEMS WILL BE COMPATIBLE WITH THE PLATFORM OR SERVICE. COMPANY WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO CUSTOMER'S COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM CUSTOMER'S ACCESS TO OR USE OF THE SERVICES OR PLATFORM. Some states do not allow the types of disclaimers in this Section 9.2, so they may not apply to you.

9.3 Third-Party Services. Links from the Platform to external websites (including external sites that are framed by the Website) or inclusion of advertisements do not constitute an endorsement by Company of those sites or the content, products, advertising and other materials presented on those sites or of the products and services that are the subject of those advertisements, but are for Customer's reference and convenience. Customer accesses such sites or the products and services that are the subject of those advertisements at Customer's risk. It is Customer's responsibility to evaluate the content and usefulness of the information obtained from other sites. Company does not control those sites, and is not responsible for their content. Company provision of links to third-party sites does not mean that Company endorses any of the material on those sites, or has any association with their operators. Customer further acknowledges that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by this Agreement. Company expressly disclaims any liability derived from the use and/or viewing of links that may appear on the Platform. Customer agrees to hold Company harmless from any liability that may result from the use of links that may appear on the Platform.

The term of this Agreement (the "Term") will begin on the Effective Date and will continue until it is terminated pursuant to its terms. Either party may terminate this Agreement at any time. Company may terminate this Agreement by notice to Customer. Customer may terminate this Agreement by terminating Customer's account using the process provided on the Platform for terminating a customer account. The provisions of Sections 1, 2.2, 2.3, 3, 5 (as to any payments due with respect to the period before termination) and 6-12, as well as any other terms of this Agreement that expressly extend or by their nature should extend beyond termination or expiration of this Agreement, will survive and continue in full force and effect after any termination or expiration of this Agreement. Any license(s) granted to Customer under this Agreement will automatically terminate on termination or expiration of this Agreement.

11.1 Assignment. Customer will not assign, transfer or delegate its rights or obligations under this Agreement to any third party without Company’s prior written consent. For the purposes of this Agreement, any sale or transfer by Customer of all or substantially all of its stock or assets or by merger or otherwise by operation of law is considered an assignment, requiring Company’s express written consent. Company may freely assign this Agreement or transfer any of its interest herein, including to any Company Affiliate, to a purchaser of all or substantially all of Company’s assets, and to a successor in interest of Company as part of a corporate reorganization, consolidation or merger. This Agreement and each of the provisions hereof will inure to the benefit of and be binding on each party’s successors, administrators and permitted assigns.

11.2 Severability. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.

11.3 Entire Agreement; No Reliance. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter, and this Agreement merges and supersedes all prior agreements, discussions and writings with respect to its subject matter. Each party represents that it has not relied on any representations made by the other party or its representatives or on any descriptions, illustrations or specifications contained in any physical or digital text including websites, proposals, catalogues or other publicity material. Each party has relied only on the express terms of this Agreement, and not on any representations of the other party not set forth herein, nor on any other documents or materials of the other party not expressly made a part hereof.

11.4 Force Majeure. Neither party will be held responsible for any delay or failure in performance of any part of this Agreement (with the exception of any obligation to make payments to the other party hereunder) to the extent such delay or failure is caused by fire, flood, explosion, war, terrorism, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, inability to secure material or transportation facilities, acts or omissions of carriers, power outages, computer failures, or by any other causes beyond its control whether or not similar to the foregoing.

11.5 No Waiver. The waiver, modification, or failure to insist by a party on any of the provisions of this Agreement will not void, waive, nor modify any of the other provisions nor be construed as a waiver or relinquishment of such party’s right to performance in the future of any such provision.

11.6 Relationship of the Parties. The relationship of the parties under this Agreement is one of independent contractors, and no agency, partnership, employment, joint venture or similar relationship is created hereby. Except as specifically authorized, neither party will have any authority to assume or create obligations on the other party's behalf, and neither party will take any action that has the effect of creating the appearance of its having such authority.

11.7 Notices. Any notice required or permitted under this Agreement will be given in writing by personal delivery, by USPS Priority Express Mail, by nationally recognized overnight delivery service (e.g. UPS), or e mail. Any notice will be deemed received on the earlier of the date of actual delivery or the date on which delivery is refused, regardless of whether the party has vacated the physical address or discontinued the e-mail address. The notice address and e-mail address for Customer will be the address and e-mail address on record with Company as modified by Customer through the Platform from time to time. The notice address for Company will be 29899 Agoura Rd #210, Agoura Hills, CA 91301 and the e-mail address for Company will be contact@agechecker.net, as reflected in this Agreement as modified form time to time, pursuant to its terms.

11.8 Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies on any person or entity other than the parties hereto.

11.9 Amendment. Company may revise this Agreement from time to time and the most current version will always be posted on the Website. If a revision, in our sole discretion, is material Company may, but have no obligation to, notify Customer, including by postings to relevant Company blogs, so please check those pages regularly. By continuing to access or use the Platform and Services after revisions become effective, Customer agrees to be bound by the revised terms. If Customer does not agree to the new terms, Customer must cease using the Platform and Services and terminate Customer's account using the process provided on the Platform for terminating a customer account.

11.10 Governing Law; Arbitration. Any disputes between the parties arising out of or relating to the Agreement (“Disputes”) will be governed by Florida law regardless of Customer's location and notwithstanding of any conflicts of law principles. Except for Disputes relating to Intellectual Property Rights, any Disputes will be resolved exclusively by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Fort Walton Beach, Florida, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. If there is more than one Dispute between the parties, all such Disputes may be heard in a single arbitration under this Section 11.10. Except to the extent required by applicable Law that cannot be waived or modified by this Agreement, Disputes under this Agreement may not be consolidated into a single arbitration proceeding with disputes between the Company and other persons, even if those disputes are governed by an arbitration proceeding similar or identical to this Section 11.10 and even those other persons are similarly situated and their disputes are similar or identical in the nature to a Dispute under this Agreement.

Definitions.

The following terms will be defined as set forth below for purposes of this Agreement:

“Access Credentials” means the secure method by which Company provides Customer, generally through Customer’s own computer systems, access to control the Platform.

“Affiliate” means, in respect of a party, any company or other business entity controlled by, controlling, or sharing common control. For the purposes of this definition, “control” will mean the direct or indirect power to direct or cause the direction of the management and policies of a company or other business entity, whether through ownership of 50% or more of the voting interest, by contract, or otherwise.

“Company Data” means any information, electronic file, data or report (excluding User Data) that is provided or generated in the course of Company’s provision of the Services.

“Company Rights” means all Intellectual Property Rights owned, licensed or otherwise transferred to Company, including those Intellectual Property Rights involved in or relating to any aspect of the Services, the Platform, or Company Data, but excluding Customer Content and User Data.

“Customer Content” means any material or information provided to Company by or on behalf of Customer as part of the Services.

“Customer Rights” means all Intellectual Property Rights owned or licensed by Customer in relation to Customer Content, excluding Intellectual Property Rights owned by Company.

“Fees” means the amount payable by Customer to Company for the Services.

“Intellectual Property Rights” means all copyrights fixed in any medium now known or hereafter discovered, including copyrights in computer programs, pictorial works, audiovisual works, literary works, musical works, sound recordings, motion pictures and the like; patents, trademarks, trade names, trade secrets, design rights, design models, database rights and topography rights, all rights to bring an action for passing off, rights of privacy or publicity, and any other similar form of intellectual rights in intangible property or proprietary rights, statutory or otherwise, whether registered or not, and whether applied for or not, all rights to apply for protection in respect of any of the above rights and all other forms of protection of a similar nature or that relate to intangible property, ideas or expression, as they may exist anywhere in the world.

“Specifications” means the documentation and specifications provided by Company to Customer from time to time (through the Website, the Software or otherwise) with respect to use and integration of the Service and Platform.

“User” means any person submitted by Customer through the Platform for age verification Services.

“User Data” means any personally identifiable information of User submitted by Customer through the Platform for use in providing the Services.