Recoverity.com is a registered trademark of WCS Holdings LLC.With offices in: Washington D.C.2302 17th Street NW, #1 Washington, DC 20009 U.S. Virgin Islands5304 Yacht Haven Grande, Suite 104St Thomas, USVI 00802
The entity you are contracting with is Recoverity, if you reside in the United States. This Agreement is only intended for use by U.S. entities, or those subjecting themselves to the laws and jurisdiction of the United States.
This User Agreement is effective upon acceptance for users who accept it through registration of a Recoverity account or other electronic click-through.
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Recoverity is a marketplace that allows users to offer, sell and buy, or service for a fee, certain debt portfolios in a variety of pricing formats and locations. As a marketplace, Recoverity does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers. Recoverity is not a traditional auctioneer.
While we may provide pricing, transfer, and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. Also, while we may help facilitate the resolution of disputes through various programs, Recoverity has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
While using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our site;
- breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller fail to deliver debt sold or agreed to be serviced by you, unless the buyer/servicer fails to follow the posted terms, or you cannot contact the buyer/servicer;
- manipulate the price of any item or interfere with other user’s listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems transfer your Recoverity account (including Feedback) and user ID to another party without the express written consent of Recoverity;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Recoverity, or the interests or property of Recoverity users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Recoverity application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- copy, modify, or distribute rights or content from our Services or Recoverity’s copyrights and trademarks;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of Recoverity and the appropriate third party, as applicable;
- commercialize any Recoverity application or any information or software associated with such application; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities;
- we think that such restrictions will improve the security of the Recoverity community or reduce our or another Recoverity user’s exposure to financial liabilities
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
- despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
- you fail to pay us all fees due for our Services
When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed on our Pricing page at https://recoverity.com/share-your-debt-recovery-services-with-new-clients/. We may change our fees from time to time by posting the changes on the Recoverity site 14 days in advance, but with no advance notice required for temporary promotions.
You must pay all fees and applicable taxes associated with our Services before services are rendered. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel). Recoverity, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Recoverity reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at [email protected] or 1-844-234-6324. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Recoverity account, you must contact the collection agency directly.
When listing an item for sale or servicing, you agree to comply with the following listing conditions.
- You are responsible for the accuracy and content of the listing and item offered.
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Recoverity can’t guarantee exact listing durations.
- We strive to create a marketplace where buyers or servicers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer’s/servicer’s location, search query, browsing site, and history;
- item’s location, listing format, age, price or cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, Detailed Seller Ratings, and Feedback; and
- number of listings matching the buyer’s or servicer’s query.
*Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
When buying an item, you agree to the rules for buyers and that:
- You are responsible for reading the full item listing before making a bid or commitment to buy.
- You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
- We do not transfer legal ownership of items from the seller to the buyer.
- Virgin Islands Code Annotated Title 11, § 101 et al. and Uniform Commercial Code Article 9 apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
- Any applicable state laws in the buyer’s jurisdiction.
- You are responsible for reading the full item listing before making a bid or commitment to service the debt being listed
- You enter into a legally binding contract to service the debt when you commit to a performance contract or if you have the winning bid (or if your bid is otherwise accepted). You will then make all commercially reasonable efforts to service the debt, lawfully and report on any collections made, faithfully.
- Any applicable state laws in the servicer’s jurisdiction.
International Buying and Selling
While Buyers or Servicers may participate on or with Recoverity for the purchase and servicing of debt, the site is not currently able to handle the purchase, sale, or servicing of, International debt.
When providing us with content or posting content using Recoverity’s Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sub licensees or assignees.
You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.
We may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including Recoverity users). You may use catalog content solely in connection with your Recoverity listings.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogues. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works bases on catalog content (other than by including them in your listings).
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. To submit a notice to Recoverity, you must contact [email protected].
Authorization to Contact You
- To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
- If the buyer returns an item because it does not match the listing description, sellers will generally be responsible for unwinding the transaction and funds will be returned.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Recoverity’s applications may not occur in real time. Such functionality is subject to delays beyond Recoverity’s control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold Recoverity responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- your use of or your inability to use our Services;
- pricing, conveyance, servicing results, or other guidance provided by Recoverity;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Recoverity Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing Recoverity section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the up to the price the item sold for on Recoverity (including any applicable sales tax) and any original conveyance costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Recoverity’s Services or your breach of any law or the rights of a third party.
You and Recoverity agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Recoverity User Agreement your use of or access to Recoverity’s sites, services, applications, and tools, or any products or services sold or purchased through Recoverity’s sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the Territory of the U.S. Virgin Islands, District of St. Thomas and St. John, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Recoverity, except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and Recoverity each agree that any and all disputes or claims that have arisen or may arise between you and Recoverity relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Recoverity’s Services, or any products or services sold, offered, or purchased through Recoverity’s Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND RECOVERITY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND RECOVERITY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A [ML2] CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER RECOVERITY USERS.
- Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: WCS Holdings LLC- 5304 Yacht Haven Grande, Suite 104, St. Thomas, USVI 00802.
The arbitration shall be held in the Territory of the U.S. Virgin Islands, District of St. Thomas and St. John or at another mutually agreed location. If the value of the relief sought is $50,000 or less, you or Recoverity may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Recoverity subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Recoverity, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Territory of the U.S. Virgin Islands, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Recoverity users, but is bound by rulings in prior arbitrations involving the same Recoverity user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Recoverity for all fees associated with the arbitration paid by Recoverity on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
- Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Recoverity prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and Recoverity. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.Recoverity.com at least 30 days before the effective date of the changes and by providing notice through the Recoverity Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms.
Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.Recoverity.com, and shall not be effective as to any claim that was filed in a legal proceeding against Recoverity prior to the effective date of termination.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Recoverity must be resolved exclusively by a state or federal court located in St. Thomas, U.S. Virgin Island. You and Recoverity agree to submit to the personal jurisdiction of the courts located within St. Thomas, U.S. Virgin Islands for the purpose of litigating all such claims or disputes.
Recoverity is located at 5304 Yacht Haven Grande, Suite 104, St. Thomas, USVI ,00802
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.Recoverity.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Recoverity Message Center and/or by email. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Recoverity representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Recoverity site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
Recoverity works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team at [email protected] and we will investigate.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Your Privacy Rights
Scope and Consent
The Recoverity.com website is a general audience website, and it and its related sites, applications, services, and tools are not intended for children under the age of adulthood (usually considered to be age 18 or above). We do not knowingly collect company information via our websites, applications, services, or tools from users under the age of majority
Collection of Company information
You can browse our sites without telling us who you are or revealing any company information about yourself. If you register for an account with us, you give us your company information, and you are not anonymous to us.
We collect the following types of company information in order to provide you with the use of and access to our sites, applications, services and tools, and to help us personalize and improve your experience: Once you have entered into a transaction, the opposing party shall be permitted to review their experience with you throughout such, and that review will contain both objective and subjective information that you may respond to but that Recoverity has the right to publish for the review of other users, or would be users, of its website.
Information we collect automatically: When you visit our sites, use our applications, services, and tools, or interact with our advertising or content, we automatically collect information sent to us by your computer, mobile device, or other access device. This information is associated with you personally only when sign in as a registered user, and includes but is not limited to:
- device ID or unique identifier, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, referral URL, ad data, IP address, and standard web log information,
Information you give us: We collect and store any information you enter on our sites or you provide to us in context of using our sites, applications, services or tools. This may include, but is not limited to:
- information you provide us when registering for an account, including email address, phone number, mobile telephone number, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
- addition information you may provide to us via social media sites or services
- transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account);
- shipping, billing and other information you provide to purchase or ship an item;
- information provided in the context of community discussions, chats, dispute resolution, correspondence through our sites, or correspondence sent to us
- additional company information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list)
Mobile: When you download or use our Mobile Applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device’s setting’s menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.
Information from other sources: We may receive or collect supplemental information about you from third parties sources and add it to our account information. This may include, but is not limited to, demographic, navigation information, additional contact information, credit check information, and additional information about you from credit bureaus or other sources, as permitted by law.
Information Sharing and Registration with Social Media Websites
We offer sign-on services that allow you to use third party login credentials to access the Recoverity site or related sites. We also offer services that allow you to share information with third party social media websites such as Facebook, Google Plus, Twitter, and others.
Use of Company information
Our primary purpose in collecting company information is to provide you with access to our sites and/or use of our services, applications and tools, provide you with requested customer service and relevant information about your account and our services, and to provide you with a safe, smooth, efficient, and customized experience. Additionally, we invite feedback from any party with who you enter into a transaction with, so that the experience may, through objective and subjective review, establish a history for you on the website, to provide feedback to other users, or would be users of the site. You agree that we may use your company information to:
- provide you access to our sites and the services and customer support you request;
- provide customer support you request for financial products offered by members of our corporate family and their financial institution partners (such as Bill Me Later, a PayPal service)
- prevent, detect, and investigate, fraud, security breaches, potentially prohibited or illegal activities, and enforce our User Agreement;
- customize, measure and improve our services, content and advertising;
- contact you, either via email or telephone, to resolve disputes, collect fees, and troubleshoot problems with your account or our sites, services, applications or tools, or for other purposes authorized by law.
- contact you, either via email or telephone to inform you about our services and those of our corporate family, deliver targeted marketing, service updates, and promotional offers based on your communication preferences
- assist in the credit underwriting process in order to provide you with credit offers and opportunities on behalf of members of our corporate family and their financial institution partners (such as Bill Me Later, a PayPal service) who offer financial products;
- compare information for accuracy, and verify it with third parties;
- provide you other services requested by you as described when we collect the information
We do not sell or rent your company information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.
Our Disclosure of Your Information
We may also share your company information with:
- Service providers under contract who help with our business operations (such as, but not limited to, fraud investigations, bill collection, affiliate and rewards programs, site operations, and co-branded credit cards).
- Other Recoverity users, whether located in your country of residence or outside of your country of residence, as authorized by you or your use of our sites, services, applications or tools. For example, where you are involved in a transaction with another user, the other user may view your email address and request and obtain your contact information and postal address to help complete the transaction, as well as see your past reviews, and make their own review about their transaction with you;
- Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
- Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Recoverity user to legal liability. In such events, we will only disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, ZIP code, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history, and anything else we may deem relevant to the investigation.
- Credit bureaus with which we may report information about your account, including information on late payments, missed payments, or other defaults on your account may be reflected in your credit report.
- Recoverity Program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, improper publication of transaction reviews, untruthful or false transactional reviews, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, state, ZIP code, country, phone number, email address and company name, and the believed impropriety, and possibly flag the user for the incident, remove them from participation, or ban them from providing comments or reviews of transactions.
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your company information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Information You Share on Recoverity
Your User ID is displayed throughout Recoverity (and so available to the public), and is connected to all of your Recoverity activity Notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your Recoverity activities.
If you access our websites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from Recoverity, may also be visible to other individuals who use the computer after you.
Using Information from Recoverity
Recoverity enables you to share private and financial information to complete transactions and collect payments. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users’ contact and financial information to facilitate your transactions and collect payments. When users are involved in a transaction, they may have access to each other’s name, User ID, email address and other contact information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use user information only for:
- Recoverity transaction-related purposes that are not unsolicited commercial messages;
- using services offered through Recoverity (such as escrow and fraud complaints), or
- other purposes that a user expressly chooses.
No Spam, Spyware, or Spoofing
We and our users do not tolerate spam. Make sure to set your Recoverity communication preferences so we communicate to you as you prefer. You are not licensed to add other Recoverity users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report Recoverity-related spam or spoof emails to Recoverity, please forward the email to [email protected].You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We reserve the right to scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. We do not rent or sell these email addresses.
Accessing, Reviewing, and Changing Your Company information
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Recoverity password to anyone. If you do share your password or your company information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your company information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Recoverity and change your password.
You can see, review and change most of your company information by signing on to Recoverity. Generally, we will not manually modify your company information because it is very difficult to verify your identity remotely. You must promptly update your company information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your company information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain company information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our terms, and take other actions otherwise permitted by law.
How We Protect and Store Your Company information
We store and process your company information on our computers in the US and where our facilities are located. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.
We take steps to ensure that the company information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. We retain information as long as it is necessary and relevant for our operations. In addition, we may retain company information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted by law.
If your questions are not answered online, you may write to us at:
You can share your private company data with confidence. Recoverity has partnered with COMODO data encryption offering 2048 bits of high strength 256 bit secure socket layer. In english, that means that Recoverity data transfers are air tight.
Recoverity takes your sensitive data seriously and we have 24/7 malware and virus checking from SITELOCK to maintain the integrity of our site. For more information about how we keep your information private or to request an NDA simply tell your Recoverity rep.
Thanks for trusting Recoverity.
NON- DISCLOSURE AND
This Non-Disclosure and Non-Circumvention Agreement (the Agreement) made this 5th day of June , 2015 by and between the ABC Company with offices at Company Addresss (COMPANY) and WCS Holdings, doing business under the trademark Recoverity, with offices at 5304 yacht haven grande, Suite 104, St Thomas, United States Virgin Islands, 00802, (Recoverity) (individually a Party and collectively the Parties).
Whereas, Recoverity is a debt advisory marketplace that sources debt management solutions (collection agencies) for businesses based on the requirements and an aging report of said businesses receivables.
Whereas, COMPANY has expressed interest in researching alternative collections solutions to their current collection agency (the Project) and is prepared to disclose Confidential/Proprietary Information to Recoverity to facilitate development of the Project, provided the Parties execute this Non-Disclosure and Non-Circumvention Agreement; and
Whereas, Recoverity has represented it has the technical competence to successfully undertake the Project and the resources to arrange and collaborate with COMPANY to develop the Project, provided the Parties execute this Non-Disclosure and Non-Circumvention Agreement.
Now therefore, in consideration of the mutual undertakings under this Agreement, the Parties hereto agree as follows:
1. Confidential/Proprietary Information shall mean any information, whether written or oral, originated by or peculiarly within the knowledge of a Party, its employees, agents, or suppliers, not generally available to others, and includes, without limitation, business plans, financial data, financing options, trade secrets, know-how, technical data, computer software and other data pertaining to the Project.
2. Each Party agrees to receive and hold all Confidential/Proprietary Information acquired from the other Party, its employees, agents, or suppliers, in strict confidence and will not disclose it to any person or entity without the prior written consent of the other Party, except to its employees and agents who have a bona fide need to know such Confidential/Proprietary Information to facilitate development of the Project and have a non-disclosure obligation at least as restrictive as this Agreement. Neither Party makes any representation or warranty, express or implied, concerning the completeness, suitability or accuracy of any Confidential/Proprietary Information provided to the other Party hereunder, and if the receiving Party elects to rely on any such Confidential/Proprietary Information it does so at its own risk.
3. Neither Party will carry out or participate in any venture or project using Confidential/Proprietary Information acquired from other Party without the other Party’s prior written consent.
4. Each Party acknowledges that its unauthorized disclosure or use of Confidential/Proprietary Information acquired from the other Party or it’s carrying out any venture or project itself or with others using Confidential/Proprietary Information acquired from the other Party without its explicit consent will result in irreparable harm to the other Party, and that if there is a breach or threatened breach of this Agreement, the other Party may obtain an ex-parte temporary restraining order and a permanent injunction without posting of bond to protect its Confidential/Proprietary Information. This provision does not alter any other remedies available to the other Party.
5. The foregoing restrictions on disclosure and use of Confidential/Proprietary Information shall not apply to information:
i) known to COMPANY prior to receipt from Recoverity;
ii) which is public knowledge without breach of COMPANY’s obligations hereunder;
iii) rightfully acquired by COMPANY from a third party without restriction on disclosure or use;
iv) disclosed by Recoverity to a third party without restriction on disclosure or use;
v) independently developed by COMPANY without resort to Confidential/Proprietary Information from Recoverity;
vi) as to which a Party has received express written consent from an authorized officer of the other Party to disclose or use it; or
vii) which is required to be disclosed pursuant to administrative, legislative, or judicial order, subpoena or other legal process or by law or the regulations of any relevant securities exchange. If Confidential/Proprietary Information is required to be produced pursuant to this subsection, the Party required to make the disclosure shall immediately notify the other Party in writing of the obligation so that the other Party may if it so desires move the ordering authority for a protective order or other appropriate relief.
In the case of events (ii), (iii), (iv), (v), (vi), or (vii) above, the removal of restrictions shall be effective only from and after the date of occurrence of the applicable event.
6. All Confidential/Proprietary Information provided by a Party shall remain at all times its property, and it may use at all times such Confidential/Proprietary Information for any purpose without obligation to the other Party. No transfer of rights, licenses, trademarks, invention copyrights, patents, or other intellectual property rights in the Confidential/Proprietary Information is implied or granted under this Agreement, except to use the Confidential/Proprietary Information as provided herein.
7. The obligations of this Agreement shall be continuing until all of the Confidential/ Proprietary Information disclosed by both Parties is stated by it in writing to be no longer confidential or proprietary.
8. The covenants and conditions of this Agreement shall apply to, inure to the benefit of, be enforceable and bind the Parties hereto, their principals, executives, legal representatives, successors and assigns, heirs and trustees. If either Party fails to enforce any right or remedy under this Agreement, that failure will not constitute a waiver of any right or remedy for any other breach or failure.
9. Neither Party may assign its respective rights or duties under this Agreement to a third party without the prior written consent of the other Party. The Parties agree that any agent, consultant or advisers that it may engage to support development of the Project will be bound to the same terms of this Agreement.
10. This Agreement constitutes the entire understanding between the Parties relative to the protection of Confidential/Proprietary Information and supersedes any prior and collateral communications, reports and understandings, if any, between the Parties. No changes, modifications, alternations or additions to any provision hereof shall be binding unless contained in writing signed by the Parties hereto.
11. This Agreement is to be governed by the laws of the U.S. Virgin Islands and the Parties submit themselves exclusively to the jurisdiction and venue of the courts of the U.S. Virgin Islands.
IN WITNESS WHEREOF, the Parties have executed this Agreement, which may be executed in counterparts, effective as of the date first written above.
Witness: WCS Holdings LLC
Name: Miguel Leman