Terms of Use

LAST UPDATED: APRIL 16, 2020

Acceptance of Terms

VerifyMe, Inc. (“VerifyMe,” “we” or “us”) owns and operates www.verifyme.com (the “Website”). Please read the Terms of Use (the “Terms”) carefully before you start to use the Website. These Terms constitute a binding legal agreement between you and VerifyMe. By accessing, browsing and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not access or use the Website. You may use the Website only for lawful purposes and in accordance with these Terms.

Changes and Updates

We may change or update the Website and these Terms from time to time in our sole discretion, with or without notice to you. We encourage you to review these Terms periodically. Your continued use of the Website after we post changes to these Terms constitutes your agreement to those changes. We may, in our sole discretion, and at any time, discontinue the Website with or without notice to you. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Privacy Policy

Our Privacy Policy posted on our Website describes our practices concerning information and data that you provide or that we may collect about you through the Website, and you consent to our use of such information and data in compliance with such policy. Our Privacy Policy is incorporated into, and made a part of, these Terms.

Intellectual Property Rights

The Website and its content, including the text and images, is the exclusive property of VerifyMe, its licensors and other content suppliers, and are protected under applicable copyright, trademark, patent, trade secret and other intellectual property or proprietary rights, laws and regulations. No reproduction, modification, distribution, transmission, republication, display or performance of the content on this Website is permitted without our prior written consent. Any unauthorized use of any materials contained on this Website may violate the proprietary rights of VerifyMe, its licensors and other content suppliers.

All trademarks, trade names, brand names, and service marks of VerifyMe, whether registered or unregistered, are the property of VerifyMe and are protected by U.S. trademark laws and the trademark laws of other jurisdictions. All other trademarks used or referred to in this Website are the property of their respective owners. The use of any trademarks, trade names, brand names, service marks or other brand features owned by us or any third party is prohibited without the prior written consent of VerifyMe or the applicable third party.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We have no intention of distributing any electronic materials designed to deliberately cause errors in or disrupt use of any computer system. However, it is your responsibility to take precautions to ensure that whatever you may download from the Website is free of such items as viruses and other items of a destructive nature.

Indemnification

You agree to indemnify and hold VerifyMe, our affiliates, partners, directors, officers, employees, and third party suppliers, harmless from any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and costs, resulting from, relating or attributable to, or arising out of, your violation of these Terms, your access to, or use of, the Website or the content, or your submission of personal information to or through the Website.

DISCLAIMER

THE WEBSITE AND ITS CONTENTS, AND ALL FEATURES AND FUNCTIONS MADE AVAILABLE ON, ACCESSED THROUGH, OR SENT FROM, THE WEBSITE AND ITS CONTENT, ARE PROVIDED “AS IS.” VERIFYME DOES NOT WARRANT OR GUARANTEE THAT (i) THE WEBSITE OR THE CONTENT, OR ANY OF THEIR RESPECTIVE FEATURES OR FUNCTIONS, SHALL BE UNINTERRUPTED OR ERROR-FREE, (ii) DEFECTS SHALL BE CORRECTED, (iii) THE WEBSITE, THE CONTENT OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE, (iv) THE WEBSITE, THE CONTENT OR THE INFORMATION AVAILABLE THROUGH THEM SHALL CONTINUE TO BE AVAILABLE, OR (v) ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE CONTENT. VERIFYME DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING RELATING TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

LIMITATION OF LIABILITY

NEITHER VERIFYME NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, OR EMPLOYEES, SHALL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS, THE WEBSITE AND ITS CONTENT. YOUR ACCESS TO, AND USE OF, THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH VERIFYME RELATED TO THIS WEBSITE IS TO DISCONTINUE YOUR USE OF THIS WEBSITE.

Jurisdiction and Governing Law

Any dispute arising under, relating to, or in connection with these Terms or related to any matter which is the subject of or incidental to these Terms shall be subject to the exclusive jurisdiction and venue of the state or federal courts located in Monroe County, New York. These Terms shall be governed by, and construed and enforced in accordance with, United States federal law, as applicable, and by the laws of the State of New York as applied to agreements made, entered into, and performed entirely in New York, without giving effect to the choice of law provisions.

General

The provisions of these Terms are severable, and in the event any provision of these Terms is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Our waiver of a breach of any provision of these Terms by you shall not operate or be construed as a waiver by us of any subsequent breach by you. These Terms constitute the complete, final and exclusive understanding between VerifyMe and you regarding the use of the Website. By accessing and/or using the Website you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.