Please read these Terms carefully before you start to use the Services, as they are a legal agreement between Veritas and you. These Terms contain important provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not part of a class or representative action. By accessing or using the Services, you accept and agree to be bound by these Terms without limitation or qualification.
Privacy and Security
Children and Minors
The Services are not intended for or directed to children under 18 years old.
We do not intend to solicit information or to market any products or services to children through this Site. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors.
Changes to These Terms
We reserve the right to change or replace these Terms at any time. Please check back from time to time to ensure that you are aware of any changes or updates to these Terms. We will indicate the Terms’ effective date at the top of this page. If we make material changes that would impact your use of the Services, we will endeavor to notify you of the changes, such as by posting a notice directly on the Services, by sending an email notification (if you have provided your email address to us), or by any other reasonable method. Your continued use of the Services after changes have been posted indicates your acceptance of any changed Terms.
Reservation of Rights
We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of the Services; (2) restrict, limit, suspend or terminate your and/or any other user’s access to the Services; (3) monitor any user’s use of the Services to verify compliance with these Terms and/or any applicable law; (4) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of the Services in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
The Services are the proprietary property of Veritas and/or its third-party licensors, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. As used in these Terms, “Content” means all text, information, materials, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, search engines and other content. You also acknowledge that the Content is and shall remain our property or the property of our licensors.
Subject to your compliance with these Terms, we grant you a revocable, conditional and limited license to access and use the Services in accordance with applicable laws. If the Services permit you to download or print any Content, such Content may be used only by you and only in connection with this purpose. You may not copy or distribute any such Content. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). We reserve all rights not expressly granted herein.
The trademarks, logos and service marks appearing on the Services are trademarks of Veritas Data Research, Inc. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. You should not construe anything on the Services as granting, by implication or otherwise, any license or right to use any of trademarks and service marks displayed on the Services, without our prior written permission in each instance.
Any unauthorized use, reproduction or distribution of the Services is strictly prohibited and may result in civil and/or criminal penalties.
You must not:
- Use the Services except as expressly authorized in these Terms;
- Impersonate another, or falsify account information, or make unauthorized use of another’s information;
- Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Services;
- Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained through the Services;
- Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Services;
- Submit, upload, post or transmit any user-originated Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; discriminatory or otherwise objectionable (in our discretion);
- Interfere in any way with the operation of the Services or any server, network or system associated with the Services, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Services or any server, network or system associated with the Services; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
- Use any automated program, tool or process (including, without limitation, web crawlers, scrapers, robots, bots, spiders, and automated scripts) to access the Services or any server, network or system associated with the Services, or to extract, collect, harvest or gather Content from the Services;
- Frame or otherwise create a browser or border environment around any page or Content of the Services, or deep-link to any internal page or area of the Services; or
- Make any other use of the Services that violates these Terms or any applicable law.
Username and Password
If you access any part of the Services requiring a username and password, you are solely responsible for keeping such username and password strictly confidential. You are responsible for protecting the confidentiality and security of your username and password and for any activity that occurs under your username. You may not permit anyone else to use your username and password, and you may not use anyone else’s username and password. You may not attempt to gain unauthorized access to any other user’s username and password.
You agree to immediately notify us in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your username and password or of any other breach of security that might affect the Services. We are not responsible for any loss or damage arising from someone else using your username and password or your failure to comply with this section.
The Services may offer you the opportunity to provide us with your comments, suggestions, ideas or other feedback (together, “Feedback”). If you choose to provide us with Feedback, you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VERITAS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VERITAS DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) ANY DEFECT OR ERROR WILL BE CORRECTED; (C) THE SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY CONTENT PROVIDED THROUGH THE SERVICES WILL BE CURRENT OR ACCURATE; OR (E) THAT A PARTICULAR PRODUCT, SERVICE OR PROVIDER YOU SEE ON THE SERVICES WILL BE AVAILABLE TO YOU. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
FURTHER, YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
Limitations of Liability
VERITAS’ LIABILITY TO YOU IS LIMITED AS SET FORTH BELOW, EXCEPT AND ONLY THE TO EXTENT THAT ANY SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL VERITAS, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS (COLLECTIVELY, THE “VERITAS PARTIES”) BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IF APPLICABLE LAW PROHIBITS DISCLAIMER OF DIRECT DAMAGES, VERITAS PARTIES’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO FIFTY U.S. DOLLARS ($50). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VERITAS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (1) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THE SERVICES OR ANY OF ITS COMPONENTS OR ANY OTHER PRODUCTS OR SERVICES OF VERITAS; (2) ANY ALLEGATION THAT YOUR SUBMISSIONS INFRINGE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADE SECRET, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; AND/OR (3) YOUR VIOLATION OF ANY OF THESE TERMS OR ANY APPLICABLE LAW.
Waiver of Right to Pursue Class Action Claims
You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Limitation on Time to Bring an Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.
Waiver of Jury Trial; Agreement to Arbitrate Claims
By agreeing to these Terms, both you and we are waiving the right to a jury trial on any disputes that may arise.
You agree to arbitrate all disputes between you and us. If a dispute arises between you and us relating to the Services or these Terms, you and we agree that the dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”). You and we agree to the following rules relating to any arbitration proceeding:
- YOU AND VERITAS WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
- The venue for all disputes arising under these Terms shall be in the State of Delaware but you and we may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum.
- The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives.
- The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- You and we agree, to the extent practicable, to direct the arbitrator to issue a decision within 120 days from the date the arbitrator is appointed. You and we acknowledge that if the arbitrator does not issue a decision within 120 days, such event will not limit or waive the powers of the arbitrator or this agreement to arbitrate.
- All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
- The award of the arbitrator will be in writing and will not include any statement setting forth the reasons for the disposition of any claim.
Either you or we may seek an injunction at any time from any court of competent jurisdiction as necessary to protect the rights or property of you or us pending the completion of arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Veritas will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Veritas for all fees associated with the arbitration that Veritas paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.
You acknowledge and agree that: (i) Veritas may at any time terminate your access to the Services, in whole or in part, if Veritas determines, in its sole judgment, that you have violated these Terms or any applicable law; (ii) such termination may be effected without prior notice; and (iii) in the event of such termination, Veritas may immediately deactivate and terminate your account, without any liability to you.
The Services are intended for use in the United States only. All matters relating to our Services are governed by the laws of the state of Delaware in the United States. If you visit our Services or contact us from outside of the United States, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States; and (ii) that by using our Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States in accordance with these Terms.
Links to Third Parties
Fact of Death Use Case Declaration
The Veritas Fact of Death Dataset (“Fact of Death Dataset”) is an aggregation of data collected from various sources. Some of the public (government) sources require us to collect certain use case information from customers. If you subscribe to the Fact of Death Dataset, you will be required to disclose the purpose for which you require the Fact of Death Dataset and to confirm that you have adequate safeguards in place for protecting the information contained in the Fact of Death Dataset.
The Fact of Death Dataset includes information collected from the Limited Access Death Master File (“LADMF”) provided by the United States Social Security Administration. Access to the LADMF requires a statement of legitimate purpose under 15 CFR § 1110.2 and necessary safeguards pursuant to requirements reasonably similar to those outlined in section 6103(p)(4) of the Internal Revenue Code of 1986. Therefore, to provide you access to the full Fact of Death Dataset, Veritas requires you to certify that:
- You are an acceptable end-user type; and
- Your use of the data is for permissible purpose(s); and
- You have the systems, facilities, and procedures in place to safeguard the information.
Access to the LADMF is restricted to specific types of organizations. You are required to certify that you are one of the following types of organization:
- HIPAA-covered healthcare services
- Healthcare Operations Support
- Medical research & support
- Health Data Analytics
- Other permitted end-user
Access to the LADMF requires a legitimate fraud prevention interest or a legitimate business purpose pursuant to a law, rule, regulation, or fiduciary duty. You must demonstrate a business goal associated with your need for the data and provide a short description of the interest.
If you subscribe to the Fact of Death Dataset, you will be required to certify that you have systems, facilities, and procedures in place to safeguard information contained in the LADMF. You will also be required to certify that you have experience in maintaining the confidentiality, security, and appropriate use of similar and/or sensitive information pursuant to requirements similar to the requirements of section 6103(p)(4) of the Internal Revenue Code of 1986, and agree to satisfy such similar requirements.
- Notice. Veritas may provide you with notices, including those regarding changes to the Terms, by email, postings on the Services, or as permitted in any applicable Provider Agreement.
- Governing Law. You and Veritas agree that these Terms and any claim or dispute between you and Veritas relating to your use of the Services will be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of laws provisions.
- Waiver. A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Veritas to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
- Severability. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
- Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Veritas as a result of the Terms or use of the Services.
- Language. If we have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Veritas. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Disclosures. The Services are offered by Veritas Data Research, Inc., located at the contact information located at the end of these Terms. If you are a California resident, you may have this same information emailed to you by emailing us at email@example.com with a request for this information.
Digital Millennium Copyright Act Compliance
If you are a copyright owner or an agent thereof, and believe that any third party content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works from the Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Veritas to locate the material;
- Information reasonably sufficient to permit Veritas to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by email at: firstname.lastname@example.org.
Veritas Data Research, Inc. may be reached by mail at 2093 Philadelphia Pike, #8448 Claymont, DE 19703 or by email at email@example.com.