pa-intl.fadv.com
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Submitted URL: https://pa-intl.fadv.com/#/invite/?key=LM4GF3ME6R
Effective URL: https://pa-intl.fadv.com/
Submission: On March 04 via manual from US — Scanned from FR
Effective URL: https://pa-intl.fadv.com/
Submission: On March 04 via manual from US — Scanned from FR
Form analysis 1 forms found in the DOM
<form novalidate="" autocomplete="off" data-target="#myModal" class="m-t-25 pad15 ng-untouched ng-pristine ng-valid">
<div class="row">
<div class="col-xs-12 col-sm-offset-2 col-sm-8 col-md-offset-2 col-md-8 dp-r-0 m-b-20">
<div class="group focused"><label for="inputEmail" class="placeholder_white custom_label">EMAIL</label><input type="email" name="email" id="inputEmail" disabled="" class="validate form-control ng-untouched ng-pristine"></div>
</div>
</div>
<div class="row">
<div class="col-xs-12 col-sm-offset-2 col-sm-8 col-md-offset-2 col-md-8 dp-r-0 m-b-20">
<div class="group"><label for="inputSetPwd" class="placeholder_white custom_label">CREATE PASSWORD</label><input ngmodel="" type="password" name="password" id="inputSetPwd" aria-required="true" maxlength="16" autocomplete="off" autofocus=""
class="validate form-control ng-untouched ng-pristine ng-valid" title="Please enter your password!">
<div id="meter" style="display: block;"><password-meter>
<div style="margin-left: 5px;">
<div>
<ul class="line">
<li style="width: 13%;" class="bar-white"></li>
<li style="width: 13%;" class="bar-white"></li>
<li style="width: 13%;" class="bar-white"></li>
<li style="width: 13%;" class="bar-white"></li>
<li style="width: 13%;" class="bar-white"></li>
<li style="width: 13%;" class="bar-white"></li>
<li style="width: 13%;" class="bar-white"></li><!---->
</ul>
</div>
<p style="margin-bottom: -5px; margin-top: -4px; font-family: sans-serif;">Your password must meet the following seven criteria: </p>
<ul style="text-indent: -8px; margin-left: 16px;">
<li style="font-family: sans-serif;"><i class="fa fa-times-circle red-check"></i> Contain at least one upper case letter </li>
<li style="font-family: sans-serif;"><i class="fa fa-times-circle red-check"></i> Contain at least one lower case letter </li>
<li style="font-family: sans-serif;"><i class="fa fa-times-circle red-check"></i> Contain at least one digit between 0-9 </li>
<li style="font-family: sans-serif;"><i class="fa fa-times-circle red-check"></i> Contain at least one special character </li>
<li style="font-family: sans-serif;"><i class="fa fa-times-circle red-check"></i> Must be between 8-16 characters in length </li>
<li style="font-family: sans-serif;"><i class="fa fa-times-circle red-check"></i> Cannot contain three of the same character in succession </li>
<li style="font-family: sans-serif;"><i class="fa fa-times-circle red-check"></i> Cannot contain your Applicant ID </li><!---->
</ul>
</div>
</password-meter></div>
</div>
</div>
</div>
<div class="row">
<div class="col-xs-12 col-sm-offset-2 col-sm-8 col-md-offset-2 col-md-8 dp-r-0 m-b-20">
<div class="group"><label for="inputsCnfrmPwd" class="placeholder_white custom_label">CONFIRM PASSWORD</label><input ngmodel="" type="password" id="inputsCnfrmPwd" name="confirmPassword" aria-required="true" maxlength="16" autocomplete="off"
class="validate form-control ng-untouched ng-pristine ng-valid" title="Please confirm your password.">
<div class="error_info"><!---->
<div class="error_info_popup error_new_ui" data-close="false">
<div class="left_div">
<ul>
<li class="alert"></li>
</ul>
</div>
<div class="right_div">
<div aria-hidden="true" class="close"><i class="icon-cancel"></i></div>
</div>
</div>
</div><!---->
</div>
</div>
</div>
<div class="row">
<div class="col-xs-12 col-sm-offset-2 col-sm-8 col-md-offset-2 col-md-8 dp-r-0 m-b-20">
<div class="group"><label for="setSecretQuestion" class="placeholder_white custom_label">SECRET QUESTION</label><select id="setSecretQuestion" aria-required="true" name="secretQuestion"
class="form-control paddingsecret ng-untouched ng-pristine ng-valid">
<option value="">Select</option>
<option value="secret_question_city">What is the city of your birth?</option>
<option value="secret_question_school">What is the name of the high school from which you graduated?</option>
<option value="secret_question_father">What is your father's middle name?</option>
<option value="secret_question_mother">What was your mother's maiden name?</option>
<option value="secret_question_pet">What was your first pet's name?</option>
<option value="secret_question_spouse">What is your spouse's middle name?</option><!---->
</select></div>
</div>
</div>
<div class="row">
<div class="col-xs-12 col-sm-offset-2 col-sm-8 col-md-offset-2 col-md-8 dp-r-0 m-b-20">
<div class="group"><label for="inputsSecAns" class="placeholder_white custom_label">SECRET ANSWER</label><input type="text" name="secretAnswer" id="inputsSecAns" aria-required="true" autocomplete="off"
class="validate form-control ng-untouched ng-pristine ng-valid" title="Please enter secret answer."></div>
</div>
</div>
<div class="col-xs-12 col-sm-offset-2 col-sm-8 col-md-offset-2 col-md-8 dp-r-0 negmar30 negmar10">
<div id="myModal" tabindex="-1" role="Application" aria-labelledby="setPasswordWaitStatus" class="modal fade terms_modal">
<div class="termswidth modal-dialog sign-modal">
<div class="modal-content paddng20">
<div class="modal-header"><button type="button" data-dismiss="modal" class="close"><i class="icon-cancel"></i></button>
<h3 id="setPasswordWaitStatus" class="modal-title">TERMS OF SERVICE</h3>
</div>
<div class="modal-body">
<p>This is the First Advantage Profile Advantage portal for candidates of background checks for employment.</p>
</div>
<div class="modal-footer text-center">
<div class="col-xs-12 col-md-offset-3 col-sm-4 col-md-3 p_l_0 p_r_0 m-r-15"><button type="button" class="btn button grow font_extrabold">NEXT</button></div>
<div class="col-xs-12 col-sm-4 col-md-3 p_l_0 p_r_0 m-r-15 m-b-20"><button type="button" class="btn button_profile grow font_extrabold">DISAGREE</button></div>
</div>
</div>
</div>
</div>
</div>
<div class="col-xs-12 col-sm-offset-2 col-sm-8 col-md-offset-2 col-md-8 m-t-5 pad0"><button type="button" name="action" class="btn button font_extrabold" disabled="">NEXT</button></div>
</form>Text Content
WE DON'T SEE YOU!
WE DO NOT SUPPORT INTERNET EXPLORER!
PLEASE ACCESS THIS LINK USING THE LATEST VERSION OF CHROME, FIREFOX OR SAFARI
FOR THE MOST OPTIMAL EXPERIENCE
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Just a moment...
WELCOME TARUNIMA, STANDARD CHARTERED BANK WOULD LIKE YOU TO START THE SCREENING
PROCESS WITH PROFILE ADVANTAGE.
WELCOME TARUNIMA, STANDARD CHARTERED BANK WOULD LIKE YOU TO START THE SCREENING
PROCESS WITH PROFILE ADVANTAGE.
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EMAIL
CREATE PASSWORD
*
*
*
*
*
*
*
Your password must meet the following seven criteria:
* Contain at least one upper case letter
* Contain at least one lower case letter
* Contain at least one digit between 0-9
* Contain at least one special character
* Must be between 8-16 characters in length
* Cannot contain three of the same character in succession
* Cannot contain your Applicant ID
CONFIRM PASSWORD
*
SECRET QUESTIONSelectWhat is the city of your birth?What is the name of the high
school from which you graduated?What is your father's middle name?What was your
mother's maiden name?What was your first pet's name?What is your spouse's middle
name?
SECRET ANSWER
TERMS OF SERVICE
This is the First Advantage Profile Advantage portal for candidates of
background checks for employment.
NEXT
DISAGREE
NEXT
JUST A MOMENT...
×
WE SUGGEST A HIGH SPEED CONNECTION AS THERE WOULD BE DOCUMENTS UPLOAD/DOWNLOAD
INVOLVED.
Privacy Policy
×
TERMS OF SERVICE
This terms of service (this “Agreement”) is between you (“User” or “You”) and
First Advantage Corporation (“FADV”) and governs your access to and use of
FADV’s Profile Advantage website (the “Website”), FADV’s Profile Advantage
Mobile Application (the “App”), and your access to and use of all software
applications, databases and services made available to you and accessible by you
through use of the Website or the App (collectively, “Services”). By subscribing
to any Service through use of the Website or the App you agree to the terms and
conditions of this Agreement.
1. Electronic Signatures.
By using the Service, you agree to transact electronically through the Site. You
agree that your electronic signature is the legal equivalent of your manual
signature. You further agree that your use of a key pad, mouse or other device
to select an item, button, icon or similar act/action, constitutes your
signature as if actually signed by you in writing. You also agree that no
certification authority or other third party verification is necessary to
validate your electronic signature, and the lack of such certification or third
party verification will not in any way affect the enforceability of your
electronic signature.
2. Communications Consent.
By providing your telephone number and/or email address, you are providing
express written consent to receive communications from FADV with respect to your
use of the App or Website, including but not limited to SMS, MMS, text, fax, or
email regarding the initiation, reminders, or status update of services made
available to you. Additionally, you agree to receive marketing communications
from FADV on various services, and any information you may have obtained via
your use of the FADV.com Website. Note, regardless of whether your phone number
is registered on a state or federal Do Not Call list you agree that FADV is not
responsible for any charges to you regarding these communications. You may opt
out at any time by way of the opt-out mechanism provided to you in the
communications (see additional SMS Terms in Section 3 below), or you may
indicate that you do not wish to receive future marketing communications by
emailing us at privacy@fadv.com.
3. SMS Terms.
a. You will be able to receive a variety of messages, all pertaining to the
process of collecting your information to fulfill the Services. These include
initiation messages with links to the App or Website, reminder messages to start
the process or complete an application, and other messages to provide missing
information or complete administrative tasks where applicable.
b. You may cancel the SMS service at any time. Just text "STOP" to the short
code. After you send the SMS message "STOP" to us, we will send you an SMS
message to confirm that you have been unsubscribed. After this, you will no
longer receive SMS messages from us. If you want to join again, just sign up as
you did the first time and we will start sending SMS messages to you again.
c. If you are experiencing issues with the messaging program you can reply with
the keyword HELP for more assistance, or you can get help directly at
client.services@fadv.com or 800-888-5773.
d. Carriers are not liable for delayed or undelivered messages
e. As always, message and data rates may apply for any messages sent to you from
us and to us from you. The message frequency will be dependent on where you are
in the process of our fulfillment of the Services. If you have any questions
about your text plan or data plan, it is best to contact your wireless provider.
f. If you have any questions regarding privacy, please read our privacy policy:
https://fadv.com/privacy-policy/
4. FADV Account Registration.
In order to access the features of the Website or the App and to subscribe,
upload or download any content on the Website, App or through your use of the
Services, you must register and create an account (“Account”). In order to
register to use a Service and create an Account, you are required to provide
certain personal information to FADV and create a User ID and password
associated with your Account. You shall not share your User ID or password with
any third party. User must be at least 18 years of age in order to register to
use a Service and to create an Account. You hereby represent and warrant to FADV
that you are at least 18 years of age or possess legal parental or guardian
consent, and are fully able and competent to enter into the terms, conditions,
representations and warranties set forth in this Agreement. FADV reserves the
right to suspend or terminate your Account if any information provided during
the registration process or thereafter proves to be inaccurate, fraudulent or
incomplete. You are solely responsible for all activity under your Account,
whether or not you have authorized such activities or actions. You will
immediately notify FADV of any unauthorized use of your Account.
5. FADV Services.
If you are an individual about whom FADV collects information to provide to
third parties, you may be offered the ability to subscribe to a service which
allows you to control this background information which FADV accumulates (the
“Individual Service”), where available. If you are a commercial client of FADV,
you may subscribe to a service related to the Individual Service, but should not
use the Profile Advantage website. FADV agrees to provide you with each Service
to which you subscribe and provide valid payment (if applicable) in accordance
with the terms and conditions of this Agreement. FADV shall provide each Service
in accordance with the terms of this Agreement and the terms offered in respect
of such Service at the time of your subscription. During the Term (as defined
below) of your subscription, you shall be entitled to use all enhancements and
updates made generally available in respect of such Service, unless such
enhancement or update is separately priced as an additional Service. FADV shall
use commercially reasonable efforts to (i) maintain the security of each
Service; (ii) provide support to User consisting of telephone help desk during
normal business hours; and (iii) make each Service generally available to User,
except for: (a) planned down-time, for which FADV gives advance notice that a
Service will be unavailable; or (b) down-time caused by circumstances beyond
FADV’s reasonable control, including without limitation, acts of God, acts of
government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or
other labor problems, computer or telecommunications failures or delays
involving hardware or software not within FADV’s possession or reasonable
control, network intrusions or denial of service attacks, but only if such
unavailability results notwithstanding the exercise of reasonable care and due
diligence to avoid or mitigate the same in anticipation of or in response to
such causes.
6. License.
a. Subject to this Agreement, FADV hereby grants you a non-exclusive,
non-transferable license for you in order to use the Services provided through
the Website or the App: (i) to access and use the Website or the App; (ii) to
access and use content generated through or available on the Website or the App;
and (iii) share such content generated through or available on the Website or
the App. All rights not explicitly granted in this Agreement are reserved by
FADV. You may not use the Website or the App in any manner inconsistent with
these Terms.
b. You shall not remove any copyright, patent, trademark or other proprietary or
restrictive notice or legend contained on the Website or the App and you shall
reproduce all such notices and legends on all permitted copies of documents,
reports and other materials downloaded, printed or distributed from the Website
or the App.
7. Restrictions on Use.
a. Except as otherwise expressly permitted by these Terms, you may not download,
modify, copy, reproduce, republish, post, resell, upload, transmit or distribute
any materials or content, or any portion thereof from or linked to the Website
or the App, except with the express written consent of FADV or its third party
licensors.
b. In addition, you agree not to:
i. Use or access the Website or the App for any purpose that is unlawful or
prohibited by these Terms or display, transmit or otherwise make available on or
through the Website or the App material that is infringing, threatening,
harassing, libelous, hateful, racially or ethnically objectionable, unlawful,
tortious, harmful to children, invasive of another's privacy or violative of
third-party rights;
ii. Reverse engineer, decompile, modify, or create derivative works from any
software or materials accessible by or on the Website or the App;
iii. Frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
FADV without express written consent;
iv. Make any commercial or non-fair-use of the copyrights, trademarks, logos,
symbols, or any other mark, device, or commercial identifier of FADV or any of
our third party licensors without the express written consent of FADV;
v. Use or access the Website or the App in a manner that could damage, disable,
overburden, or impair any FADV server or the networks connected to any FADV
server;
vi. Interfere with any third party's use and enjoyment of the Website or the
App;
vii. Attempt to gain unauthorized access to the Website or the App, accounts,
computer systems, or networks connected to any FADV server through hacking,
password mining, or any other means;
viii. Sublicense or otherwise transfer any license granted to the Website or the
App or materials on the Website or the App; or
ix. Access the Website or the App in order to build a competitive product or
service, or copy any features, functions or graphics of the Website or the App.
8. Your Responsibilities.
You shall: (i) have sole responsibility for the accuracy, quality, integrity,
legality, reliability, and appropriateness of all content and data you submit to
or publish via the Website or the App; (ii) comply with all applicable laws
(including but not limited to export laws) in using the Website or the App; and
(iii) use the Website or the App solely in accordance with any online user
guides or instructions made available on or through the Website or the App. You
shall not disclose or share any ID(s) and password(s) used to access this or any
related Website. You are responsible for all activity that occurs under your
ID(s) and password(s). You agree to monitor strictly your Users' use of the
Website or the App and enforce these Terms in your organization. You agree to
promptly notify FADV in writing upon becoming aware of any unauthorized access
or use of the Website or the App by any party.
9. Your Instructions and Requests.
a. You may be able to use certain parts of the Website or the App to share with
third parties, create, store, or access reports and other materials
("Materials"). You acknowledge and agree that when these Terms terminate, your
access to such Materials through the Website or the App may terminate and that
following such termination Materials may be archived or deleted from the Website
or the App in accordance with our applicable records retention policies. We do
not guaranty the availability of Materials or any other content or material on
the Website or the App and you acknowledge and agree that Materials stored on or
through the Website or the App may be archived or deleted periodically in
accordance our applicable record retention policies. However, we may make
available features on the Website or the App to allow you to download certain
Materials to your own computers or servers at any time during the term of these
Terms.
b. You agree that if you use the Website or the App to give instructions to FADV
or to request a service or content, FADV shall not be deemed to have accepted
such instructions or to have processed such requests until FADV communicates
acceptance to you or your organization.
10. Term and Renewal.
Unless otherwise expressly provided in the terms governing a Service at the time
of your subscription to such Service, all Services are provided on an annual
subscription term that commences on the date you subscribe to such Service and
expires one (1) year thereafter unless earlier terminated in accordance with
this Agreement (the “Initial Term”). Upon expiration of the Initial Term and
each Renewal Term (as defined below), you may renew the Services for an
additional consecutive one-year period (each such subsequent one-year period, a
“Renewal Term” and together with the Initial Term, the “Term”) unless FADV
elects not to renew a Service for any reason or no reason at all by delivering a
notice of non-renewal to you. You also hereby agree that each renewal of a
Service shall be subject to FADV’s then-current Terms of Service as in effect
and posted on the Website or the App as of the date of such renewal, and such
then-current Terms of Service shall be deemed an amendment of this Agreement.
11. Termination by FADV.
FADV may terminate this Agreement at any time, and without any liability, upon
30 days’ notice to you. FADV may immediately terminate this Agreement at any
time, and without liability, upon the occurrence of any of the following events
(each, a “FADV Termination”): (i) User’s failure to pay any amount due hereunder
within ten (10) days after such amount became due; or (ii) User’s material
breach or violation of any provision of this Agreement that is not cured within
ten (10) days of User’s receipt of notice from FADV referencing such breach or
violation.
12. Termination by User.
You may terminate this Agreement with respect to all, and not less than all, of
the Services without liability (except for amounts due and owing through the
effective date of such termination) upon the occurrence of a material breach by
FADV of its obligations to provide the Services according to the terms of this
Agreement that is not cured within ten (10) business days after written notice
from you describing such breach in detail is received by FADV (a “User
Termination”). In the event of a User Termination, you shall pay all outstanding
amounts payable through the effective date of such termination. You may also
terminate this Agreement for your convenience with respect to all, and not less
than all, of the Services, by completing and submitting the online cancellation
request (a “Cancellation Notice”) provided for on the Website or the App which
shall be effective on the next business day following FADV’s receipt of a
properly completed Cancellation Notice. If you terminate this Agreement for your
convenience or for any reason other than a User Termination, in addition to
paying all outstanding amounts payable through the effective date of such
termination, you shall also pay to FADV an amount equal to all unpaid recurring
fees for the Services from the effective date of such termination through the
end of the Initial Term or then-current Renewal Term, as applicable, which fees
shall automatically accelerate and become due and payable upon such termination.
USER HEREBY ACKNOWLEDGES AGREES THAT ALL AMOUNTS PAID BY USER ARE NON-REFUNDABLE
AND USER WILL NOT BE ENTITLED TO ANY REFUND OR CREDIT OF ANY AMOUNTS PRE-PAID BY
USER. CUSTOMER HEREBY WAIVES ALL RIGHTS TO ANY SUCH REFUND OR CREDIT.
13. Third Party Websites.
The Website may contain links and pointers to other Internet sites maintained by
third parties (each, a “Third Party Website”). FADV does not operate or control
any Third Party Website or any of the information, products or services offered
on such Third Party Websites. User assumes sole responsibility for use of any
Third Party Websites. All links and pointers to Third Party Websites included on
the Website are included solely for the convenience of the User. In no event
shall any reference to any Third Party Website or third party product or service
be construed as an approval or endorsement by FADV of such third party, such
Third Party Website or of any product or service provided by such third party.
14. User Data.
a. User is responsible for all activities that occur under User’s Account. User
shall: (i) control whether to share content on the Website or the App with third
parties (ii) have sole responsibility for the accuracy, quality, integrity,
legality, reliability, and appropriateness of all data and information submitted
by User (“User Data”); (iii) use commercially reasonable efforts to prevent
unauthorized access to, or use of, the Services, and notify FADV promptly of any
such unauthorized use; (iv) comply with all applicable local, state, federal,
and foreign laws in using each of the Services; and (v) not submit to FADV any
speculative, false or fraudulent information or documents or any copyrighted or
trademarked material, unless given permission by the copyright or trademark
owner for such material. User agrees that the Website, App, and Services will be
used by User only for valid business purposes contemplated by the Services.
b. User acknowledges and agrees that all User Data submitted to FADV through the
Website, App, or a Service will be accessible to FADV and its employees. Except
as expressly provided herein or in the Privacy Policy, FADV shall not sell,
distribute, or rent any of your unique User Data to any third party without your
consent. FADV may use User Data without your consent to further develop,
improve, or enhance FADV products or services, or the products or services of
affiliated entities.
15. Indemnification by User.
User hereby agrees to indemnify and hold harmless FADV, its subsidiaries, their
affiliates and each of their respective directors, officers, employees,
shareholders and agents (each an "Indemnified Party") against any losses,
claims, damages, liabilities, penalties, actions, proceedings, judgments, or any
and all costs thereof (collectively, "Losses") to which an Indemnified Party may
become subject and which Losses arise out of, or relate to (i) User’s breach of
this Agreement, (ii) User’s breach of any applicable law, (iii) User’s breach of
any confidentiality obligation, (iv) any inaccurate, fraudulent, deceptive or
incomplete information provided by User or (v) any alleged infringement of any
trademark, copyright, patent or other intellectual property right arising from
any act or omission by User and will reimburse an Indemnified Party for all
legal and other expenses, including reasonable attorneys' fees incurred by such
Indemnified Party, in connection with investigating, defending, or settling any
Loss, whether or not in connection with pending or threatened litigation in
which such Indemnified Party is a party.
16. Ownership of IP.
FADV and its licensors own all right, title and interest to each Service, the
Website, the App, all content included therein and all derivatives thereof and
intellectual property rights related thereto. FADV shall also have sole
ownership of all IP addresses and internet addresses provided by FADV to access
a Service, all passwords used to access or use the Service and all
modifications, ideas, concepts or recommendations provided by User to FADV. This
Agreement does not convey or transfer any ownership rights in any Service, the
Website, the App, or any content included therein. The FADV name, logo, and
trade names are trademarks of FADV and no right is granted to use them except as
granted herein.
17. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY.
a. FADV PROVIDES ALL SERVICES “AS IS” AND HEREBY DISCLAIMS ALL WARRANTIES
REGARDING THE SERVICES, THE WEBSITE, THE APP AND THE INFORMATION AND CONTENT
INCLUDED ON THE WEBSITE OR THE APP. ALL WARRANTIES ARE HEREBY EXPRESSLY
DISCLAIMED, INCLUDING ALL IMPLIED WARRANTIES AND ALL WARRANTIES REGARDING
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE
INFORMATION AND CONTENT PUBLISHED BY FADV ON THE WEBSITE OR THE APP MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. UNDER NO CIRCUMSTANCES SHALL FADV BE HELD
LIABILE FOR ANY SUCH INACCURACIES OR TYPOGRAPHICAL ERRORS OR IN THE TRANSMISSION
OF ANY USER DATA.
b. FADV SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT, OR FOR ANY LOSS OF PROFITS OR LOSS
OF REVENUE RESULTING FROM THE USE OF THE SERVICES, THE APP, OR THE WEBSITE BY
USER OR ANY THIRD PARTIES OR ANY FAILURE OF THE SERVICES, THE APP, OR THE
WEBSITE OR (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA
RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS OR A
FAILURE OF FADV’S NETWORK, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EVEN IF FADV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
c. FADV’S TOTAL MAXIMUM AGGREGATE LIABILITY TO USER AND ALL THIRD PARTIES UNDER
THIS AGREEMENT AND IN RESPECT OF ALL SERVICES SHALL NOT EXCEED THE GREATER OF
(I) THE AMOUNT PAID BY USER DURING THE ONE-YEAR PERIOD PRECEEDING THE DATE UPON
WHICH SUCH LIABILITY ACCRUED OR (II) FIVE HUNDRED DOLLARS ($500).
d. ANY CLAIM ARISING OUT OF OR RELATED TO USE OF THE SERVICES, THE APP, OR THE
WEBSITE OR THIS AGREEMENT MUST BE FILED BY USER WITHIN ONE (1) YEAR OF THE EVENT
THAT UNDERLIES ANY SUCH CLAIM OR BE BARRED FOREVER.
18. General.
a. THIS AGREEMENT AND ANY DISPUTE ARISING FROM THE PERFORMANCE OR BREACH HEREOF
SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF GEORGIA, WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES AND
EXCLUDING ANY APPLICATION OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL
SALE OF GOODS. USER (I) HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION
OF THE COURTS OF THE STATE OF GEORGIA LOCATED IN ATLANTA, AND THE UNITED STATES
DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, FOR THE PURPOSES OF ANY
SUIT,` ACTION OR OTHER PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE SUBJECT
MATTER HEREOF OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BROUGHT BY USER OR
FADV OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, (II) HEREBY IRREVOCABLY AGREES
THAT ALL CLAIMS IN RESPECT OF SUCH SUITS, ACTIONS OR PROCEEDINGS MAY BE HEARD
AND DETERMINED IN SUCH STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY LAW,
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, AND
(III) TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES, AND
AGREES NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR OTHERWISE, IN ANY SUCH
SUIT, ACTION OR PROCEEDING ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE
JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR PROCEEDING IS
BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR
PROCEEDING IS IMPROPER OR THAT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF MAY
NOT BE ENFORCED IN OR BY SUCH COURT. A FINAL JUDGMENT OBTAINED IN RESPECT OF ANY
ACTION, SUIT OR PROCEEDING REFERRED TO IN THIS SECTION SHALL BE CONCLUSIVE AND
MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT OR JUDGMENT OR IN ANY MANNER AS
PROVIDED BY APPLICABLE LAW.
b. Sections 10, 12, 14, 15, and 16 of this Agreement and all of User’s payment
obligations under this Agreement shall survive the expiration, cancellation and
termination of this Agreement for any reason.
c. User may not assign or transfer any portion of this Agreement without FADV’s
prior written consent. FADV may assign this Agreement in whole or in part. This
Agreement shall be binding upon and accrue to the benefit of any permitted
assignee, and any such assignee shall agree to perform the obligations of the
assignor.
d. There shall be no third party beneficiaries to this Agreement.
e. This Agreement constitutes the entire agreement between User and FADV and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the User and FADV.
f. All notices, requests and other communications hereunder shall be
sufficiently given if in writing and delivered personally or sent by facsimile
transmission or registered or certified mail or in the case of any notice sent
by FADV, via email to the address or facsimile number of User listed in User’s
Account. Such notices or other communications shall be deemed to have been given
(1) on the date delivered (if delivered personally), (2) on the date that return
confirmation is received (if sent by facsimile or email), or (3) five days after
being sent (if sent by registered or certified mail).
g. Any rights not expressly granted by FADV herein are hereby expressly reserved
to FADV.
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