Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by IDENTITY SOLUTIONS, acceptance is expressly limited to these terms.
If you use the Services, you are responsible for maintaining the security of it, and you are fully responsible for all activities that occur during your accessing any Services and any other actions taken in connection with it. You must immediately notify IDENTITY SOLUTIONS of any unauthorized access or any other breaches of security. IDENTITY SOLUTIONS will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Optional paid services may be available on the Website. By selecting a paid service you agree to pay IDENTITY SOLUTIONS the fees indicated for that service. Payments will be charged on the day you sign up for paid services and will cover the use of that service until its benefits are depleted. Paid service fees are not refundable.
IDENTITY SOLUTIONS has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. IDENTITY SOLUTIONS disclaims any responsibility for any harm resulting from the use by visitors of the Website or users of the Software, or from any downloading by those visitors of content there posted.
IDENTITY SOLUTIONS has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Identity Solutions links, and that link to Identity Solutions. IDENTITY SOLUTIONS does not have any control over those non-IDENTITY SOLUTIONS websites and webpages, and is not responsible for their contents or their use. By linking to a non-IDENTITY SOLUTIONS website or webpage, IDENTITY SOLUTIONS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. IDENTITY SOLUTIONS disclaims any responsibility for any harm resulting from your use of non-IDENTITY SOLUTIONS websites and webpages.
As IDENTITY SOLUTIONS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Identity Solutions violates your copyright, you are encouraged to notify IDENTITY SOLUTIONS in accordance with its Digital Millennium Copyright Act (“DMCA”) Policy. IDENTITY SOLUTIONS will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of IDENTITY SOLUTIONS or others, it may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, IDENTITY SOLUTIONS will have no obligation to provide a refund of any amounts previously paid to it.
This Agreement does not transfer from IDENTITY SOLUTIONS to you any of its or third party intellectual property including the Website or the Software, and all right, title and interest in and to such property will remain (as between the parties) solely with IDENTITY SOLUTIONS.
IDENTITY SOLUTIONS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. IDENTITY SOLUTIONS may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
IDENTITY SOLUTIONS may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Identity Solutions account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. IDENTITY SOLUTIONS hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. IDENTITY SOLUTIONS makes no warranty that the Website or the Software will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will IDENTITY SOLUTIONS be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) errors, mistakes or inaccuracies of content; (v) any bugs, viruses, glitches, Trojan horses or the like; (vi) any errors or omission in any content or results or for any loss or damage of any kind incurred as a result of your use of any content posted or received as a result of your use of the Website; or (vii) for any amounts that exceed the fees paid by you to IDENTITY SOLUTIONS under this agreement during the twelve (12) month period prior to the cause of action. IDENTITY SOLUTIONS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless IDENTITY SOLUTIONS from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between IDENTITY SOLUTIONS and you concerning the subject matter hereof, and they may only be modified by the posting by IDENTITY SOLUTIONS of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Harris County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; IDENTITY SOLUTIONS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.