Terms of Use

ChexSafe is a marketing partner of VICTIG and provides All-In-One Tenant Screening to ChexSafe Customers utilizing the power of VICTIG technology. Whenever in these Terms of Use, the terms “VIC” and “VIC Services” appear, they shall mean and refer to, when applicable, both ChexSafe and VICTIG. The term “Customer” shall refer to any person that orders one or all of the All-In-One Tenant Screening services listed on the ChexSafe website (the “Site”). By accessing or using the Site, you agree to observe and abide by the following Terms of Use:
1. SCOPE OF SERVICES. VIC agrees to provide the VIC Services to Customer. This Agreement shall encompass any and all delivery methods for the VIC Services.
2. RESTRICTED LICENSE. VIC hereby grants to Customer a restricted license to use the VIC Services and the date delivered in connection therewith, subject to the restrictions and limitations set forth below:
(i.) Generally. VIC hereby grants to Customer a restricted license to use the VIC Services solely for Customer’s own internal business purposes. Customer represents and warrants that all of Customer’s use of the VIC Services shall be for only employment or tenant screening purposes, as applicable. Customer shall not use the VIC Services for marketing purposes or resell or broker the VIC Services to any third party. Customer agrees that, if VIC determines or reasonably suspects that Customer is engaging in marketing activities, reselling or brokering the VIC Services' information, programs, computer applications, or data, or is otherwise violating any provision of this Agreement, or any of the laws, regulations, or rules described herein, VIC may take immediate action, including terminating the delivery of, and the license to use, the VIC Services. Customer shall not access the VIC Services from Internet Protocol addresses located outside of the United States and its territories without VIC’s prior written approval. Customer may not use data to create a competing product. Customer shall comply with all laws, regulations and rules which may, in VIC’s opinion, govern the use of the VIC Services and information provided therein. VIC may at any time mask or cease to provide Customer access to any VIC Services or portions thereof which VIC may deem, in VIC’s sole discretion, to be sensitive or restricted information.
(ii.) GLBA Data. Some of the information contained in the VIC Services is “nonpublic personal information,” as defined in the Gramm-Leach-Bliley Act (15 U.S.C. § 1601 et seq.) and related state laws (the “GLBA”), and is regulated by the GLBA (“GLBA Data”). Customer shall not obtain and/or use GLBA Data through the VIC Services in any manner that would violate the GLBA or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data at the time it requests information in connection with certain VIC Services. In addition, Customer agrees it will certify, in writing, its permissible uses of GLBA Data in Part 5 and recertify upon request by VIC. Customer certifies with respect to GLBA data received through the VIC Services that it complies with the Interagency Standards for Safeguarding Customer Information issued pursuant to the GLBA.
(iii.) DPPA Data. Some of the information contained in the VIC Services is “personal information,” as defined in the Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (the “DPPA”), and is regulated by the DPPA (“DPPA Data”). Customer shall not obtain and/or use DPPA Data through the VIC Services in any manner that would violate the DPPA. Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain VIC Services. In addition, Customer agrees it will certify, in writing, its permissible uses of DPPA Data in Part 5 and recertify upon request by VIC.
(iv.) Social Security and Driver’s License Numbers. VIC may in its sole discretion permit Customer to access Social Security Numbers or Driver’s License Numbers (collectively “SSNs”). If Customer is authorized by VIC to receive SSNs, and Customer obtains SSNs through the VIC Services, Customer certifies it will not use the SSNs for any purpose other than as expressly authorized by VIC policies. In addition to the restrictions on distribution otherwise set forth in Section 3 below, Customer agrees that it will not permit SSNs obtained through the VIC Services to be used by an employee or contractor that is not an authorized user with an authorized use. Customer agrees it will certify, in writing, its uses for SSNs and recertify upon request by VIC. Customer may not, to the extent permitted by the terms of this Agreement, transfer SSNs via email or ftp without VIC’s prior written consent. VIC may at any time and for any or no reason cease to provide SSNs to Customer.
(v.) Copyrighted Materials. Customer shall not remove or obscure the copyright notice or other notices contained on materials accessed through the VIC Services.
3. END USER RESALE. Customer certifies that the resale or further sale of consumer investigative information provided by either of the Credit Bureaus (Experian, TransUnion, Equifax), Motor Vehicle Information, or any other information provided by VIC is strictly prohibited. Engaging in the further sale of services and products will result in immediate termination of the agreement.
4. SECURITY/CUSTOMER DATA. With respect to personally identifiable information regarding consumers, the Parties further agree as follows: VIC has adopted the "VIC Privacy Principles" ("Principles") recognizing the importance of appropriate privacy protections for consumer data and Customer agrees that Customer (including its directors, officers, employees or agents) will comply with the Principles or Customer's own comparable privacy principles, policies, or practices. VIC's Privacy Principles are available upon request. Customer agrees to do the following in order to preserve the security of the Services being provided pursuant to this Agreement:
1. Implement Strong Access Control Measures
1.1 Do not provide your passwords to anyone. No one from the credit reporting agency will ever contact you and request your password.
1.2 Account numbers and passwords should be known only by supervisory personnel.
1.3 You must request your password be changed immediately when:
• any system access software is replaced by system access software or is no longer used;
• the hardware on which the software resides is upgraded, changed or disposed of
1.4 Protect credit reporting agency password(s) so that only key personnel know this sensitive information. Unauthorized personnel should not have knowledge of password(s).
1.5 Create a separate, unique user ID for each user to enable individual authentication and accountability for access to the credit reporting agency’s infrastructure. Each user of the system access software must also have a unique logon password.
1.6 Ensure that user IDs are not shared and that no Peer-to-Peer file sharing is enabled on those users’ profiles.
1.7 Keep user passwords Confidential.
1.8 Develop strong passwords that are:
• Not easily guessable (i.e. your name or company name, repeating numbers and letters or consecutive numbers and letters)
• Contain a minimum of seven (7) alpha/numeric characters for standard user accounts
1.9 Implement password protected screensavers with a maximum fifteen (15) minute timeout to protect unattended workstations.
1.10 Active logins to credit information systems must be configured with a 30 minute inactive session, timeout.
1.11 Restrict the number of key personnel who have access to credit information.
1.12 Ensure that personnel who are authorized access to credit information have a business need to access such information and understand these requirements to access such information are only for the permissible purposes listed in the Permissible Purpose Information section of your membership application.
1.13 Ensure that you and your employees do not access your own credit reports or those reports of any family member(s) or friend(s) unless it is in connection with a credit transaction or for another permissible purpose.
1.14 Implement a process to terminate access rights immediately for users who access
credit reporting agency credit information when those users are terminated or when they have a change in their job tasks and no longer require access to that credit information.
1.15 After normal business hours, turn off and lock all devices or systems used to obtain
credit information.
1.16 Implement physical security controls to prevent unauthorized entry to your facility and
access to systems used to obtain credit information.
2. Maintain a Vulnerability Management Program
2.1 Keep operating system(s), Firewalls, Routers, servers, personal computers (laptop and
desktop) and all other systems current with appropriate system patches and updates.
2.2 Configure infrastructure such as Firewalls, Routers, personal computers, and similar
components to industry best security practices, including disabling unnecessary services or features, removing or changing default passwords, IDs and sample files/programs, and enabling the most secure configuration features to avoid unnecessary risks.
2.3 Implement and follow current best security practices for Computer Virus detection
scanning services and procedures:
• Use, implement and maintain a current, commercially available Computer Virus
detection/scanning product on all computers, systems and networks.
• If you suspect an actual or potential virus, immediately cease accessing the
system and do not resume the inquiry process until the virus has been eliminated.
• On a weekly basis at a minimum, keep anti-virus software up-to-date by
vigilantly checking or configuring auto updates and installing new virus definition files.
2.4 Implement and follow current best security practices for computer anti-Spyware scanning services and procedures:
• Use, implement and maintain a current, commercially available computer anti-
Spyware scanning product on all computers, systems and networks.
• If you suspect actual or potential Spyware, immediately cease accessing the
system and do not resume the inquiry process until the problem has been
resolved and eliminated.
• Run a secondary anti-Spyware scan upon completion of the first scan to ensure
all Spyware has been removed from your computers.
• Keep anti-Spyware software up-to-date by vigilantly checking or configuring
auto updates and installing new anti-Spyware definition files weekly, at a
minimum. If your company’s computers have unfiltered or unblocked access to
the Internet (which prevents access to some known problematic sites), then it is
recommended that anti-Spyware scans be completed more frequently than
weekly.
3. Protect Data
3.1 Develop and follow procedures to ensure that data is protected throughout its entire
information lifecycle (from creation, transformation, use, storage and secure
destruction) regardless of the media used to store the data (i.e., tape, disk, paper, etc.)
3.2 All credit reporting agency data is classified as Confidential and must be secured to
this requirement at a minimum.
3.3 Procedures for transmission, disclosure, storage, destruction and any other information
modalities or media should address all aspects of the lifecycle of the information.
3.4 Encrypt all credit reporting agency data and information when stored on any laptop
computer and in the database using AES or 3DES with 128-bit key encryption at a minimum.
3.5 Only open email attachments and links from trusted sources and after verifying
legitimacy.
4. Maintain an Information Security Policy
4.1 Develop and follow a security plan to protect the Confidentiality and integrity of
personal consumer information as required under the GLB Safeguard Rule.
4.2 Establish processes and procedures for responding to security violations, unusual or
suspicious events and similar incidents to limit damage or unauthorized access to
information assets and to permit identification and prosecution of violators.
4.3 The FACTA Disposal Rules requires that you implement appropriate measures to
dispose of any sensitive information related to consumer credit reports and records that
will protect against unauthorized access or use of that information.
4.4 Implement and maintain ongoing mandatory security training and awareness sessions
for all staff to underscore the importance of security within your organization.
5. Build and Maintain a Secure Network
5.1 Protect Internet connections with dedicated, industry-recognized Firewalls that are
configured and managed using industry best security practices.
5.2 Administrative access to Firewalls and servers must be performed through a secure
internal wired connection only.
5.3 Any stand alone computers that directly access the Internet must have a desktop
Firewall deployed that is installed and configured to block unnecessary/unused ports,
services and network traffic.
5.4 Encrypt Wireless access points with a minimum of WEP 128 bit encryption, WPA
encryption where available.
5.5 Disable vendor default passwords, SSIDs and IP Addresses on Wireless access points
and restrict authentication on the configuration of the access point.
6. Regularly Monitor and Test Networks
6.1 Perform regular tests on information systems (port scanning, virus scanning,
vulnerability scanning).
6.2 Use current best practices to protect your telecommunications systems and any
computer system or network device(s) you use to provide Services hereunder to
access credit reporting agency systems and networks. These controls should be
selected and implemented to reduce the risk of infiltration, hacking, access penetration
or exposure to an unauthorized third party by:
• protecting against intrusions;
• securing the computer systems and network devices;
• and protecting against intrusions of operating systems or software.
Record Retention: The Federal Equal Opportunities Act states that a creditor must preserve all written or
recorded information connected with an application for 25 months. In keeping with the ECOA, the credit
reporting agency requires that you retain the credit application and, if applicable, a purchase agreement for a period of not less than 25 months. When conducting an investigation, particularly following a breach or a consumer complaint that your company impermissibly accessed their credit report, the credit reporting agency will contact you and will request a copy of the original application signed by the consumer or, if applicable, a copy of the sales contract.
“Under Section 621 (a) (2) (A) of the FCRA, any person that violates any of the provisions of the FCRA may be liable for a civil penalty of not more than $2,500 per violation.”
5. FCRA/MVR OBLIGATIONS.
(i.) Customer acknowledges that VIC has provided the “Notice to Users of Consumer Reports”, attached hereto as Attachment A, which informs users of consumer reports of their legal obligations under the FCRA.
(ii.) In providing consumer reports, as that term is defined by the Fair Credit Reporting Act (“Background Reports”), VIC agrees to do the following:
(a) Comply with all laws applicable to the making of Background Reports for employment purposes, including the Fair Credit Reporting Act (the “FCRA”).
(b) Follow reasonable procedures to assure maximum possible accuracy of the information reported, subject to Paragraph 2(c) below, and reinvestigate if requested by the Customer without further charge if the information was incorrect.
(c) Disclose, upon request from the consumer who is the subject of the Background Report (the “Consumer”), the information reported, reinvestigate any information disputed by the Consumer at no charge to the Customer and take any necessary corrective action with the Consumer and the Customer.
(iii.) Customer agrees to do the following:
(a) Keep all Background Reports, whether oral or written, strictly confidential and restrict the use of the information in the Background Reports by Customer and its authorized personnel to employment purposes in compliance with applicable law. No information from Background Reports will be given or resold to any other “person” or “user”. Subject to Section 3(b), if the Consumer, or his or her representative, requests Background Report information, that person may be referred to VIC for disclosure under the FCRA or other applicable laws.
(b) Hold VIC and its affiliated companies, and the officers, agents, employees, and independent contractors of VIC and its affiliates harmless on account of any expense or damage resulting from the procurement, use or publication by Customer, or the employees or agents of the Customer, of Background Report information contrary to the terms of this Agreement or contrary to state/federal law or regulation.
(c) Comply with the Vermont Fair Credit Reporting Act, 9 V.S.A. § 2480e, by securing the written consent of the Consumer prior to ordering a consumer report on a Vermont resident.
(iv.) If Customer purchases motor vehicle records (“MVRs”) from VIC, Customer agrees to the following:
(a) Comply with the DPPA and similar state statutes, including using MVRs only for purposes permitted by the DPPA.
(b) Customer shall not retain or store any VIC provided MVR, or portions of information contained therein, in any database or combine such information with data in any other database, provided that, Customer may keep a copy of a Consumer’s MVR in the Consumer’s personnel/volunteer file.
(c) As requested by VIC, Customer shall complete any state forms that VIC is legally or contractually bound to obtain from Customer before serving Customer with state MVRs.
(d) With regard to VIC provided MVRs originating from the states of Pennsylvania, Washington, and West Virginia, Customer shall not disseminate or publish personal information contained in such MVRs via the Internet.
(e) Customer shall not publish Virginia MVRs or any information derived from Virginia MVRs via e-mail. However, Customer may disseminate Virginia MVRs via the Internet through use of a secure Internet connection.
(f) If Customer orders an MVR from the state of Alaska for any purpose, Customer shall obtain the written authorization of the Consumer before ordering such MVR.
(g) Prior to requesting any MVR from the State of Washington, Customer agrees (i) to obtain from the Consumer a written statement authorizing the release of the MVR and (ii) execute an attestation that the information in the MVR is necessary to determine whether the individual should be employed to operate a school bus or commercial vehicle upon public highways. VIC will provide a copy of the required release and attestation to the Customer. Customer agrees to retain each release and attestation for a period of not less than two (2) years. Any MVR received from the State of Washington must be deleted within one (1) year, of receipt unless longer retention is required by Federal law.
(h) If Customer orders an MVR from the State of Virginia, Customer must retain the Consumer’s authorization for at least five (5) years after the date the MVR was requested.
(i) With regard to MVR data originating from the state of West Virginia, Customer shall indemnify the state of West Virginia from any wrongful use of the MVR data.
(j) If Customer orders an MVR from the territory of Puerto Rico for any purpose, Customer shall obtain the written authorization of the Consumer before ordering such MVR.
(k) Prior to requesting an MVR on a Consumer that is under the age of eighteen (18) from the State of Hawaii, Customer agrees to have the Juvenile Information Release Form executed.
(l) If Customer orders an MVR from the States of Kentucky or Utah, Customer shall obtain the written authorization of the Consumer before ordering such MVR. Customer acknowledges and agrees such consent will not predate the request for an MVR by more than ninety (90) days if it is for a Utah MVR.
6. PRICING SCHEDULE. VIC agrees to provide the services requested by Customer set forth herein for the fees listed on the Site. The fees listed on the Site may be updated from time to time through any or all of the following methods: online announcements, customer bulletins, emails, notices, announcements in invoices, or published price schedules. VIC is not responsible for ensuring delivery of such updates, changes, additions, or deletions to any of its pricing policies that may occur from time to time. All current and future pricing documents are deemed incorporated herein by reference.
7. INTELLECTUAL PROPERTY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the information delivered as part of the VIC Services, programs or computer applications. Customer acknowledges that VIC (and/or their third-party data providers) shall retain all right, title, and interest under applicable contractual, copyright, and related laws in and to the data and information that they provide. Customer shall use such materials in a manner consistent with VIC's interests and notify VIC of any threatened or actual infringement of VIC's rights.
8. PAYMENT OF FEES. Customer shall be responsible for payment for all services obtained through Customer's Account IDs after the expiration of a free trial if applicable, whether or not such Account ID is used by Customer or a third party, provided access to the Account ID is not the result of use by a person formerly or presently employed by VIC or who obtains the Account ID by or through a break-in or unauthorized access of VIC's offices, premises, records, or documents. Customer shall pay to VIC the fees incurred for the use of the VIC Services, and Customer agrees that it may be electronically invoiced for those fees. Payments shall be received within twenty (30) days of the invoice date. Any balance not timely paid will accrue interest at the rate of eighteen percent (18%) per annum. Customer’s obligation to pay invoiced amounts is absolute and unconditional and not subject to any offset, defense or counterclaim.
9. TERM OF AGREEMENT. This Agreement is for services rendered and shall be in full force and effect during such periods of time during which VIC is providing services for Customer (the “Term”).
10. TERMINATION. Either party may terminate this Agreement at any time for any reason.
11. GOVERNING LAW. Utah law (without application of the conflicts of laws principles thereof) will govern this Agreement. The invalidity or unenforceability of any one provision of this Agreement shall not impair the validity and enforceability of the remaining provisions.
12. ASSIGNMENT. The license granted pursuant to this Agreement to Customer to use the VIC Services may not be assigned by Customer, in whole or in part, without the prior written consent of VIC. For purposes of this Agreement, a change in control of Customer of twenty percent (20%) or more shall constitute an assignment.
13. WARRANTIES. VIC does not make and hereby disclaims any warranty, express or implied, with respect to the VIC Services provided hereunder; provided, however, that VIC does hereby warrant that VIC has complied with the law and applicable third-party data provider contracts in providing the VIC Services. VIC does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the VIC Services or information provided therein. In no event shall VIC be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof.
14. INDEMNIFICATION/LIMITATION OF LIABILITY. Customer hereby agrees to protect, indemnify, defend, and hold harmless VIC from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) (collectively, “Losses”) arising from or in any way related to use of information received by Customer (or any third party receiving such information from or through Customer) furnished by or through VIC. VIC hereby agrees to protect, indemnify, defend, and hold harmless Customer from and against any and all Losses arising from or in any way related to its breach of the warranty made in Section 12 hereof regarding authorized provision of the data. Except for VIC’s indemnification obligations set forth in this Section 13, neither VIC, nor its subsidiaries and affiliates, nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, VIC, its subsidiaries and affiliates, and its data providers are hereby collectively referred to as “VIC”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the VIC Services) for any Losses arising out of or caused in whole or in part by VIC's acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the VIC Services. Notwithstanding anything herein to the contrary, the indemnification obligations set forth herein shall not apply to any Losses arising from adverse action letter mailing services performed by VIC. Customer agrees that VIC's aggregate liability for any and all losses or injuries arising out of any act or omission of VIC in connection with anything to be done or furnished under this Agreement and for which indemnification is sought, shall never exceed One Hundred Thousand Dollars ($100,000.00), and Customer covenants and promises that it will not sue VIC for an amount greater than such sum even if Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against VIC.
15. PERFORMANCE. VIC will use reasonable efforts to deliver the VIC Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the VIC Services; provided, however, that the Customer accepts all information "AS IS." Customer acknowledges and agrees that VIC obtains data from third-party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely exclusively on VIC for the accuracy or completeness of information supplied through the VIC Services. Customer understands that some of the Consumer Report information returned by VIC on individual Consumers may contain insufficient identifiable information to ensure a positive match. Therefore, Customer shall employ commercially reasonable procedures to verify that Consumer Report information returned by VIC appropriately matches the Consumer who is the subject of such reports. Customer understands that Customer may be restricted from accessing certain VIC Services which may be otherwise available. VIC reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the VIC Services. In the event that VIC discontinues a material portion of the materials and features that Customer regularly uses in the ordinary course of its business, and such materials and features are part of a flat fee subscription plan to which Customer has subscribed, VIC will, at Customer’s option, issue a prorated credit to Customer’s account.
16. SURVIVAL OF AGREEMENT. Provisions hereof related to release of claims, indemnification, use and protection of information and data, payment for the VIC Services, Audit, and disclaimer of warranties shall survive any termination of the license to use the VIC Services.
17. AUDIT. VIC shall have the right to conduct periodic audits of Customer’s compliance with this Agreement and applicable law. In addition, certain third party vendors, such as departments of motor vehicles and credit bureaus, require the right to audit Customer either directly or through VIC. The scope and frequency of any audit shall be at the reasonable discretion of VIC but will be subject to requirements imposed by third party vendors. VIC will provide reasonable notice prior to conducting any audit provided that VIC has received reasonable notice from any third party vendor involved in the audit process. Any violations discovered as a result of such audit may be cause for immediate action by VIC, including, but not limited to, immediate termination of this Agreement.
18. EMPLOYEE TRAINING. Customer shall train new employees prior to allowing access to VIC Services on Customer’s obligations under this Agreement, including but not limited to, the licensing requirements and restrictions under Section 2 and the security requirements of Section 3. Customer shall conduct a similar review of its obligations under this Agreement with existing employees who have access to VIC Services no less than annually. Customer shall keep records of such training. Customer shall request the help of ongoing training from VIC and shall be provided by VIC.
19. ATTORNEYS’ FEES. The prevailing party in any action, claim or law suit brought pursuant to this Agreement is entitled to payment of all attorneys’ fees and costs expended by such prevailing party in association with such action, claim or lawsuit.
20. TAXES. The charges for all VIC Services are exclusive of any state, local, or otherwise applicable sales, use, or similar taxes. If any such taxes are applicable, they shall be charged to Customer’s account.
21. CUSTOMER CHANGE. Customer shall notify VIC immediately of any changes to the information on Customer's Application for the VIC Services. VIC reserves the right to terminate Customer's access to the VIC Services or terminate the license to use the VIC Services without further notice upon receipt of any change in Customer's status which in VIC's sole discretion would cause Customer to be unable to comply with its obligations under this Agreement. Notify VIC if Customer changes its address or name.
22. RELATIONSHIP OF PARTIES. None of the parties shall at any time represent that it is the authorized agent or representative of the other.
23. CHANGE IN AGREEMENT. By receipt of the VIC Services, Customer agrees to, and shall comply with, changes to the Restricted License granted Customer in Section 2 herein, changes in pricing, and changes to other provisions of this Agreement as VIC shall make from time to time by notice to Customer via e-mail, online “click wrap” amendments, facsimile, mail, invoice announcements, or other written notification. All e-mail notifications shall be sent to the individual named in the Customer Administrator Contact Information section, unless stated otherwise in this Agreement.
24. ENTIRE AGREEMENT. Except as otherwise provided herein, this Agreement constitutes the final written agreement and understanding of the parties and is intended as a complete and exclusive statement of the terms of the agreement, which shall supersede all prior representations, agreements, and understandings, whether oral or written, which relate solely and exclusively to the use of the VIC Services. Any new, other, or different terms supplied by the Customer beyond the terms contained herein, including those contained in purchase orders or confirmations issued by the Customer, are specifically and expressly rejected by VIC unless VIC agrees to them in a signed writing specifically including those new, other, or different terms. The terms contained herein shall supersede and govern in the event of a conflict between these terms and any new, other, or different terms in any contract in which this Agreement is referenced or made a part of. In the event any one or more provisions of this Agreement or any exhibit is held to be invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired. All capitalized terms used in these Terms and Conditions that are not defined shall have the meaning given to them in the Application. VIC may transfer or assign this Agreement to any division, corporation or other business entity controlled by or under the common control of VIC or the company’s corporate successors or assigns.
AUTHORIZATION AND ACCEPTANCE OF TERMS
I HEREBY CERTIFY that I am authorized to execute this Agreement on behalf of the Customer listed above and that I have direct knowledge of the facts stated above.
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