G2 Financial Services Verification Terms and Conditions (English)
INTRODUCTION
The following terms and conditions describe the relationship between G2 Web Services, Inc. (“G2,” “we” or “us”) and the party submitting a G2 Financial Services Verification Application (the “Application”) for the purposes of determining eligibility for advertising financial products or services through Google Ads (“Applicant” or “you”).
OVERVIEW
G2 will issue a financial services verification (“G2 Verification”) if we determine that the information provided in the Application conforms to and complies with the verification standards mutually agreed by Google and G2 (the “G2 Verification Standards”). You may also qualify for an exemption from the G2 Verification (each, an “Exemption”), if G2 determines in its sole discretion that you meet specific criteria that may be described in the Application.
You acknowledge that applying for the G2 Verification or an Exemption is entirely voluntary. The decision to grant or deny the G2 Verification or an Exemption will be made in G2’s sole discretion and may be reviewed, denied, revoked, or suspended at any time for any reason, including (without limitation) (a) to reflect changes to the G2 Verification Standards or Google Ads policies; (b) to comply with applicable laws, regulations, or directives; or (c) to prevent fraud, abuse, or other harm.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that the information you provide in the Application and in any related communications to G2 is true, accurate and complete, and you agree to notify G2 immediately if you become aware of any changes to or inaccuracies with respect to the information that you included in the Application. Any G2 Verification or Exemption determination based on false, incorrect, incomplete or misleading information that you included in the Application may be immediately reviewed, suspended, reversed, revoked or denied by G2 in its sole discretion.
You further represent and warrant that (a) you and your business activities are in full compliance with all applicable laws and regulations; (b) you have the requisite governmental licenses, authorizations, consents and approvals to perform your business activities; and (c) you have the necessary power and authority to perform and be bound by the obligations under these terms and conditions.
DISCLAIMERS
Applicant understands, agrees and acknowledges that (a) G2 is not a regulatory authority or government agency; and (b) the G2 Verification or Exemption status is not, nor may be described or deemed as, a guarantee of full, partial or continuous compliance with (i) applicable laws and regulations, (ii) any certification or accreditation standards, or (iii) any Google Ads policies, including (without limitation) the G2 Verification Standards.
You understand, agree and acknowledge that the G2 Verification or an Exemption does not confer any right or obligation to advertise with Google or any of its platforms. Notwithstanding your G2 Verification or Exemption status, the final determination of whether you will be permitted to advertise financial products services shall be made by Google in its sole discretion.
You understand, agree and acknowledge that G2 accepts no responsibility and shall not be liable for any actual or prospective damages, losses, obligations, penalties, claims, demands, actions, litigation, judgments, investigations, suits, disbursements, costs (including settlement costs and/or legal fees and expenses) or proceedings in any way directly or indirectly relating to or arising out of or in connection with or by reason of the G2 Verification or Exemption or any determination made and/or action taken or not taken by Google.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, G2 PROVIDES THE G2 VERIFICATION SERVICES “AS-IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, G2 MAKES NO WARRANTY OF ANY KIND THAT YOUR APPLICATION AND THE G2 VERIFICATION OR ANY EXEMPTION WILL MEET YOUR REQUIREMENTS, ACHIEVE YOUR INTENDED RESULTS OR BE ERROR-FREE. G2 DOES NOT GUARANTEE THE ACCURACY OR SUFFICIENCY OF ANY G2 VERIFICATION OR EXEMPTION FOR ANY PURPOSE WHATSOEVER.
CONFIDENTIALITY
“Confidential Information” means any information or data disclosed by either G2 or Applicant (a “Disclosing Party”) to, respectively, Applicant or G2 (a “Receiving Party”) that should be reasonably understood to be confidential in light of the nature of the information. For the avoidance of doubt, Confidential Information does not include any information that (a) is in the public domain through no fault of the Receiving Party; (b) was properly known to the Receiving Party, without restriction, prior to disclosure by the Disclosing Party; (c) was properly disclosed to the Receiving Party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the Receiving Party without use of or reference to Confidential Information.
The Receiving Party will protect Confidential Information of the Disclosing Party that it may receive or otherwise be exposed to in the course of exercising its rights or performing its obligations hereunder, and will use the same care to protect the Disclosing Party’s Confidential Information as it would use to protect its own information of a similar nature, but in no event with less than reasonable care. The Receiving Party will use Confidential Information only for the purpose of fulfilling its obligations or exercising its rights under these terms and conditions and with respect to the G2 Verification, and as otherwise set forth in G2’s Privacy Policy. The Receiving Party will not disclose any Confidential Information of the Disclosing Party to any third party without the prior written consent of the Disclosing Party; provided that the Receiving Party may disclose the Confidential Information (i) in any legal, judicial, administrative proceeding or other compulsory process or otherwise as required by applicable law or regulations (in which case the Receiving Party agrees to promptly notify the Disclosing Party in advance, to the extent permitted by law or regulation); (ii) upon the request or demand of any regulatory authority having jurisdiction over the Receiving Party (in which case the Receiving Party agrees to promptly notify the Disclosing Party in advance, to the extent lawfully permitted to do so); and (iii) to employees of the Receiving Party on a need-to-know and confidential basis. The Receiving Party shall instruct each employee to be bound by the terms of these terms and conditions to the same extent as if such employee were a party hereto, and the Receiving Party shall be responsible and liable for any breach of the confidentiality provisions set forth in these terms and conditions by such employee. This paragraph does not in any way limit the obligations set forth in G2’s Privacy Policy.
INTELLECTUAL PROPERTY
You represent and warrant that any information provided to G2 does not infringe any and all copyrights, trademarks, service marks, trade secrets, know-how, and other rights in the nature of intellectual property rights (in each case whether registered or unregistered) of a third party and all applications for the same, anywhere in the world subsisting now or in the future. G2 retains all its pre-existing intellectual property rights, and no title or license to any of G2’s intellectual property will be granted to you under these terms and conditions or in connection with the G2 Verification.
You acknowledge that the services provided by G2 are non-exclusive, and nothing in these terms and conditions will prevent G2 from providing the same or similar services to other parties, including but not limited to Applicant’s competitors.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither G2 nor its affiliates shall have any liability for indirect, incidental, special, punitive, exemplary or consequential damages or any economic loss, damage, cost or expense of any kind whatsoever and however caused, including without limitation loss of data, production, profits, business data, operation time, goodwill, contracts, revenues or anticipated savings (in each case whether direct or indirect) arising out of or in connection with the G2 Verification and these terms and conditions, regardless of whether or not such damages could have been foreseen or prevented by G2 and even if G2 had been advised in advance of the possibility of these types of damages. Applicant agrees that the terms in this paragraph represent a reasonable allocation of risk.
INDEMNIFICATION
Applicant agrees to indemnify and hold G2 and its affiliates and their respective employees, directors and officers (collectively, the “G2 Indemnitees”) harmless against any damages, losses, obligations, penalties, claims, demands, actions, litigation, judgments, investigations, fees (including reasonable fees of outside attorneys), suits, disbursements, costs by any third party (including, without limitation, any governmental authority or agency) arising out of or relating to: (a) any violation of these terms and conditions by Applicant; or (b) the fraud, negligence, omission, willful misconduct, or unlawful act of Applicant, its personnel, its agents, its subcontractors, or the personnel of its agents or subcontractors in connection with the Application and G2 Verification.
GOVERNING LAW
The validity, construction, enforcement and effect of these terms and conditions and the G2 Verification shall be construed and enforced in accordance with the laws of the State of New York, without reference to its conflicts of law rules. It is agreed that any action, suit or proceeding arising out of or based upon these terms and conditions and the G2 Verification shall be brought in the United States District Court for the Southern District of New York or any court of the State of New York of competent jurisdiction located in such District. You (a) waive, to the fullest extent it may legally and effectively do so, any objection which you may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to these terms and conditions and the G2 Verification in any New York State court or in any such Federal court; (b) waive, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such suit, action or proceeding in any such court; and (c) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. YOU IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY OR ON BEHALF OF ANY PARTY RELATED TO OR ARISING OUT OF THESE TERMS AND CONDITIONS AND THE G2 VERIFICATION.
INDEPENDENT PARTIES
Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, agency or joint venture between G2 and your or constitute or be deemed to constitute either party the agent of the other for any purpose whatsoever, and neither G2 nor the Applicable shall have any authority or power to bind the other or to contract in the name of or create a liability against the other. These terms and conditions apply only to you and G2, and do not create any legal rights for any third parties.
FORCE MAJEURE
In no event will G2 be liable or responsible to Applicant or be deemed to have defaulted under or breached these terms and conditions, for any failure or delay in fulfilling or performing any term of these terms and conditions, when and to the extent such failure or delay is caused by any circumstances beyond G2’s reasonable control (each, a “Force Majeure Event”), including (a) acts of God; (b) flood, fire, earthquake, epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these terms and conditions; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) shortage of adequate power or transportation facilities.
MISCELLANEOUS
G2 reserves the right to change or update these terms and conditions at any time, without prior notice. As a condition of your G2 Verification or Exemption status, you have an ongoing obligation to comply with these terms and conditions, including any updates thereto.
The latest terms and conditions may be found on our website at https://g2risksolutions.com/financial-services-terms-and-conditions/.
These terms and conditions will apply for as long as you maintain your G2 Verification or Exemption status.