Last Updated: October 3, 2020
Thank you for choosing IDMatrix. IDMatrix provides background information services (“Service(s)”) via reports (“Reports”). Users acknowledge the following provisions regarding the Platform and any Services offered:
- IDMatrix is not a consumer report agency and does not provide consumer reports as defined by the FCRA (defined below).
- All Reports offered via the Services are offered “as-is” and with “all faults”.
- Users shall not use the Reports or any other Content (defined below) found on the Platform in violation of the FCRA or any other applicable US federal, state, and local laws.
The Platform and any Services provided are owned and operated by IDMatrix including all Reports, text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Platform or available via a link from Platform to a page created by IDMatrix on another website (collectively, the Content). The Content is the sole property of IDMatrix and/or its licensors. All IDMatrix Content is protected by US and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.
Please be aware that anything found on our Platform including the Content and Services are offered “as-is” and “with all faults” and IDMatrix makes no representations or warranties regarding the Services or Content provided. Additionally, any information found on our Platform including all Reports, is offered only for informational and educational purposes. Further as the Reports are aggregated from multiple information sources including public databases, IDMatrix does not endorse or recommend any information found within any Reports. The Content found on the Platform is not a substitute for an in-person investigation, and you should not make any decisions solely based on any Reports or any related Content found on the Platform. Please proceed with caution when reviewing any information provided and specifically in the case of criminal information. You agree that any Content found via the Services may be inaccurate, unsubstantiated, not up to date, or possibly even incorrect. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage (direct or indirect) resulting from any interruption of the Platform, your use of the Service, or your use of any Content.
You will not be required to create an account to use the Service. However, if we allow you to create an account, you’ll be required to submit certain information to us. To join the Site as a user/account holder/subscriber, You must be at least eighteen (18) years of age with the requisite equipment and Internet connection to access the Site and its services and seeking to use the Site and its services for personal rather than professional purposes. If You elect to submit an application, You acknowledge that You have independently evaluated the desirability of obtaining access to Our services and that You have not relied on any representation or warranty about the services other than those set forth in these Terms. Once you have submitted your registration details, we may review your submission and reserve the sole right and discretion in granting or denying any accounts. You are not permitted to allow a third party to access your account unless you have the prior written permission of IDMatrix. You are responsible for the actions of any third party that you allow to access your account.
Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between IDMatrix and You or any other party. You have no authority to make or accept any offers or representations on behalf of IDMatrix (USA) LTD.
You alone are responsible for keeping your account log-in information confidential, and for any and all activity that occurs on the Platform using that account. IDMatrix will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
You acknowledge and agree that
- You are responsible for maintaining the security and confidentiality of Your username and password,
- You will not use any other’s username and password or endeavor to access another’s account at any time,
- You will not permit others to access Your account,
- You will not sell, trade or otherwise share Your username and password with any other person,
- You will notify Us immediately regarding any actual or suspected unauthorized use of Your account, user name and/or password, and
- You will provide complete and accurate information about You and Your account during registration and if requested.
If You violate any of these provisions, You agree that
- You are responsible for any actions that occur through Your account, whether or not taken by You,
- We shall not be liable for any loss that You incur as a result of someone else using Your password, with or without Your knowledge, and
- You could be held liable for any losses incurred by Us, Our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of Your account or password.
As a user accessing the Service and Platform, you represent and warrant the following: (a) you fully intend to abide by this Agreement at all times while using the Platform; you have not entered any other agreements that would restrict you from entering into this Agreement; (c) you shall use the Services only for legal and lawful purposes; (d) you have sufficient knowledge of the FCRA and shall consult an attorney to verify your compliance with the FCRA when using our Service and reviewing any Content provided and (d) user shall not use any Content including Reports in violation of the FCRA or any other US federal or state laws.
The Application is licensed, not sold. We grant you a non-exclusive, non-transferable, fully revocable, limited license to install the Application on any single computer, mobile device, tablet, or similar technology, and to use the Application, solely to be used in connection with our Services for your private, non-commercial, informational and personal, use. Where users access our Website, IDMatrix grants you access to the Website under the same conditions as the license listed above. The Platform is protected by copyright and other intellectual property laws and treaties and is owned or licensed to us. Additionally, you agree to abide by the following:
- You agree that you will not copy, attempt to reverse engineer, modify, translate or disassemble the Platform in whole or in part, including any attempts to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Platform.
- You agree that you will not use our Platform except through specific channels provided by us.
- You agree that you will not use the Platform on a computer or mobile device that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You agree that you will not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform.
We may automatically check your version of the Platform and notify you of improvements to its performance and capabilities. Please be aware that if you have violated any of the licensing provisions or if we believe your conduct may harm IDMatrix, we may revoke your license immediately.
When accessing and using our Platform, you are responsible for your use of the Platform and any use of the Platform made by your account. You agree to abide by all applicable federal, state, and local laws when using our Platform.
In addition, without limiting the foregoing, you agree not to use the Platform, the Content, or the Services, in any manner that:
- infringes or violates the rights of any other party (including but not limited to trademark, patent, copyright, publicity or other proprietary rights);
- is unlawful, fraudulent or deceptive, or harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise misleading or objectionable;
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- misleads others, causes the creation of a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Platform;
- is misleading and inaccurate, including providing reviews or comments that are not based on your own genuine opinion;
- impersonates any person or entity, including, but not limited to, a IDMatrix employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- causes the upload of any content that contains any form of destructive software;
- uses any robots, spiders, or similar data mining tool to access, acquire, copy, or monitor any portion of the Platform;
- copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Platform;
- attempts to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform;
- takes any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
- interferes with or disrupts networks or servers connected to the Platform;
- facilitates or encourages any of the above conduct;
- violates US federal or state laws including the FCRA and other applicable laws;
- attempts to libel, defame, stalk, harass, bully or harm another individual who uses our Platform;
- causes, or aids in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de- caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine; or
- violates any requirements, procedures, policies or regulations of networks connected to IDMatrix.
IDMatrix may terminate or suspend your use of the Platform if you have violated any of the above restrictions or if IDMatrix determines that any of your behaviour may harm its Platform or any Services offered.
User understands that the Content provided including all Reports generated via the Platform are proprietary and confidential and nature (“Confidential Information”). User shall keep all information confidential and treat such Confidential Information at least with the same degree of care and precautions the recipient would take to protect the confidential nature of its own information and shall not to disclose, copy, distribute or otherwise disseminate the Confidential Information to any third parties except as provided for within this Agreement. User may disclose the information to third parties, including employees, agents, subcontractors, and direct family members who have a legitimate interest to have such access, and are subject to the requirement to abide by a non-disclosure agreement substantially similar to this Agreement's non-disclosure obligations. User shall be liable for any breach by such employees, agents and subcontractors, direct family members, or other third parties. The obligations of this section shall not apply to information (a) which is published or becomes available to the public other than by breach of this Agreement; (b) otherwise rightfully received by the user from a third party without obligations of confidentiality; (c) independently developed by the user’s agents or employees without use of or reliance on the disclosed information; (d) known to the user before receiving the Confidential Information from IDMatrix; (e) is disclosed under operation of law, provided that, if legally permissible; or (f) is disclosed by user with IDMatrix's prior written approval.
We allow users to submit content to the Platform, including entering information in the Platform or making a comment. You retain all ownership and intellectual property rights in and to any data uploaded to the Platform (“Your Content”) and/or shared via the Platform. By submitting Your Content you warrant and represent that (a) Your Content is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright or you have a licence from the owner of Your Content and permission to upload Your Content and (b) the posting and use of Your Content on or through the Platform, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights and (c) you grant us a worldwide, limited, royalty-free, irrevocable, transferable, assignable, and sub-licensable license to use, reproduce, publish, and display Your Content in whole or in part, without charge, for the purposes deemed necessary by us.
If you upload Your Content to public areas of our Website such as in a blog comment, you grant us a worldwide, limited, royalty-free, irrevocable, transferable, assignable, and sub-licensable license to use, reproduce, publish, and display Your Content in whole or in part, without charge, for any purpose, including advertising or publicity/promotional purposes.
As our Service aggregates data from multiple sources including public databases, errors in Reports and any other related Content may occur. If you wish to have any of your information removed please view the “Removing Information” webpage for directions on requesting the removal of your information.
User understands and agrees that IDMatrix is not a Credit Reporting Agency and the Services and Content provided are not consumer reports as defined by 15 USC §§ 1681 et seq also referred to as the Fair Credit Reporting Act (“FCRA”). You may not take any adverse actions (as defined by the FCRA) based on any Reports or related Content found on our Platform. Additionally, you may not use our Platform, the Services, or any Content including any Reports generated for the following purposes:
- Decisions about consumer credit or personal loans;
- Determining fitness for employment including hiring and promotion decisions;
- Underwriting insurance;
- Determining eligibility for scholarships or educational opportunities;
- Determining a consumer’s eligibility for a license or other governmental benefit;
- Screening investors or servicers of credit;
- Reviewing a tenant’s suitability for housing; or
- Any other purposes as not permitted by the FCRA or similar statute including but not limited to Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act (HIPAA), Driver’s Privacy Protection Act, the Children’s Online Privacy Protection Act (COPPA) or other similar state legislation.
Please be aware that the additional obligations and protections placed on consumer reports and credit reporting agencies under the FCRA are not applicable to our Platform and Service.
We may offer links on the Platform to websites owned and operated by third parties. We provide these links as a convenience. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third-party websites. You assume full responsibility for your use of third-party websites. Such websites may be governed by terms and conditions different from those applicable to the Platform, and we encourage you to review the terms and privacy policies of those third parties before using their websites.
The Platform may include a feature that enables you to share certain content from the Platform, such as information from a Platform feed (including care activity updates and photos), via a third party, such as Facebook, Instagram or Twitter, which may be publicly posted on that third party's service or application. This will require you to log in to your account on the third-party service. We do not control these third-party services or any of their content and is not responsible or liable for any such third-party services or features or for their availability. Your use of these third-party services or applications is at your own option and risk, and you hold the Platform harmless for activity related to the use of these services.
Social media reports (“Social Media Report(s)”) may be offered through the IDMatrix Platform. Please be aware that all Social Media Reports are generated and sold by third parties that are not affiliated with IDMatrix. The Social Media Reports may be subject to different purchase terms. Specifically, the Social Media Reports may result in additional charges. Since the Social Media Report is offered by a third party, we are not responsible for any content, information, advertising, products, services or other materials listed in any Social Media Report that you may purchase. When you access any Social Media Reports, you will do so at your own risk. Additionally, the Social Media Reports may be governed by additional terms and or conditions as required by the third party who is providing you the report. Where you have entered into any additional agreements with any such third party, you agree that such an agreement is solely between you and the third party providing you the Social Media Report. IDMatrix makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third party including any Social Media Reports purchased or any transactions completed and any contract entered into by you with any such third party.
You acknowledge and agree that You have no proprietary interest in the contents of the Site or any affiliated websites whatsoever, including, without limitation, any social media pages or forums that We control, such as blogs, message boards, comment areas and other interactive features and functionality where users may post certain comments and other content. Moreover, by submitting Your feedback, suggestions, commentary, review(s) and/or forum contributions, You grant Us a royalty-free, irrevocable, non-exclusive, assignable, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform and display such content or information (in whole or in part) contained in the review or forum for any purpose and/or to incorporate into other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that You have all necessary rights to make Your review and/or forum contributions available to Us and to the Site and You also acknowledge and agree that such reviews and/or forum contributions are non-confidential for all purposes and that We have no control over the extent to which any idea or information therein may be used by any party once such content is posted or displayed. You hereby acknowledge and agree that We assume no responsibility for, and recommend that You do not post, display or transmit, any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own reviews and forum contributions.
To the extent You wish to post honest reviews and commentary of the Site, IDMatrix searches and any corresponding services or items, and/or any forum contributions, You hereby acknowledge and agree to the following:
- In order to post, You must already be an actual registered Site user and have ordered IDMatrix reports in the past;
- You will provide Us with Your email address that is the same email address that You provided when You registered with the Site and You understand that, to the extent your email address does not match an email address associated with a user of the Site, your review and/or forum contribution may not be posted and/or may be removed;
- You will only provide honest and relevant reviews and/or forum contributions that reflect Your own personal experiences with the Site;
You will not post, display, upload or transmit any of the following:
- Content that libels or otherwise defames, stalks, intimidates, harasses, abuses, threatens or in any way infringes upon the rights of others;
- Anything that could reasonably interfere with or disrupt the operation of the Site and/or affiliated websites;
- Unauthorized copyrighted materials or any other content that infringes on the intellectual property, privacy and/or publicity rights of others;
- Material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of IDMatrix (USA) LTD;
- Content that encourages criminal conduct, could give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
- Obscene, profane, vulgar or otherwise objectionable language or images;
- Content that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
- Statements or material that misrepresents Your affiliation with Us or any of our related entities; and
- Irrelevant or other off-topic statements or material.
We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
All prices on our Platform quoted are payable in US dollars for any Services provided. Although we strive to provide accurate pricing information, errors may occur. We reserve the right to correct any errors in pricing. Additionally, we reserve the right to increase prices at our discretion, where price increases do occur we shall notify you. We cannot confirm the price of our Services until an Order Confirmation (defined below) is received.
We value your security and privacy with all online transactions. While we implement security measures on this Platform, you should be aware that 100% payment security is not always possible. Your credit card information will be shared with our third party payment processor. By purchasing anything from our Platform you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us, and you must agree with our payment processor’s policies before paying for any portions of the Platform.
By ordering a subscription and/or any product via our Site, You authorize Us to charge your card accordingly. As with any merchant, for Your protection, we may request additional information to authenticate the credit card being used, and absent successful authentication, we may refuse to accept an order. If you believe your might have been used in a fraudulent manner to purchase a IDMatrix report, please contact our customer service department as soon as possible. We do not accept payment via check, cash or money order. In addition to the applicable subscription or order fees, depending upon the state in which you reside, either You, or We on Your behalf, are responsible for paying any and all applicable sales or use tax due to any and all taxing authorities arising from, or in connection with, Your use of the Site's services.
All orders are subject to applicable taxes in the states where applicable customer resides and You authorize us to take all appropriate measures to comply with any and all applicable laws and statutes in connection with the foregoing.
You specifically acknowledge and agree that failure to use the Site's services does not constitute a basis for refusing to pay subscription or other fees. Upon prior written notice to You (with email constituting sufficient written notice), IDmatrix reserves the right in its sole discretion to change its pricing and/or billing practices. If You do not agree with these changes, You are always free to cancel Your subscription, but you recognize that You will remain responsible for timely payment of any and all fees that You have already incurred (including any applicable late fees). We will understand that Your continued use of Your subscription following Our providing notice of any change constitutes and means that you consent to any and all such changes and by not terminating Your account within seven (7) days after delivery of such notice, You formally agree to comply with, and be bound by, such new pricing or billing practices.
Additionally, You acknowledge and agree that We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason (e.g., orders we suspect to be fraudulent, associated with fraudulent activity, previously fraudulent order history or previous credit card disputes), and without liability to You or anyone else. If Your payment card or payment method has already been charged for an order that we subsequently cancel, We will issue You a refund as applicable. If You have any questions in this regard, please feel free to contact our customer service department toll-free at +1 800 406 7040
The Platform may allow you to access Content or purchase Reports; however, all orders are subject to availability. An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”). For this reason, you agree that even after you receive an Order Confirmation we may cancel your order without penalty. We reserve the right to refuse to honor a request or send an Order Confirmation to you and to cancel any Order Confirmations for any reasons at any time.
All reports purchased via the IDMatrix platform are made available in the Account section of the Website for a limited time, as follows:
- IDMatrix reports are made available for 6 months from date of purchase.
- Business reports are made available for 1 year from date of purchase.
- To extend their availability, search reports may be printed or saved digitally locally using common web browser features.
IDMatrix may offer free trial or paid trials via the Platform. In order to participate in our trial you may be required to sign-up for an account and you may be required to provide us with your payment information. The free trial duration shall be listed at the time of sign-up. You may cancel at any time during the trial period by using the account dashboard or contacting us. Please be aware that upon the expiration of the trial period the payment method provided by you may be charged the full Monthly Membership price and will continue to be charged until you cancel your membership.
Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.
We hope that you are satisfied with all the service provided, if you believe that you have been charged incorrectly, please contact email@example.com. All refunds related to any disputed charges are at the sole discretion of IDMatrix.
We attempt to protect ourselves from chargebacks by employing different fraud detection methods. In the event of a chargeback we will notify you immediately. If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. In the event that we believe that a user has submitted a fraudulent chargeback, we will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
If you believe that you have been erroneously billed, please notify our customer service department of such error toll-free at +1 800 406 7040 immediately or send us an email at firstname.lastname@example.org.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. You agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
There will be occasions when the Platform will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruptions where it is within our reasonable control. From time to time, and without notice to you, we may add or delete certain features or functions from the Platform. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Platform. From time to time we may make modifications or updates to the Platform, please be aware that we are not required to make any updates or modifications but may do so at our own discretion.
We shall have no liability or responsibility with respect to any lost data, such as messages, such as deletion or failure to store messages, communications or other messages transmitted to you.
These Terms shall be treated as though they were executed and performed in Dover, Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to conflict of law principles).
At IDMatrix, we expect that our customer service team will be able to resolve most complaints. If You have a complaint, you can contact our customer service team as described in the “Contact Us" section below. In the unlikely event that Your complaint remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, You and IDMatrix agree to the following resolution process for all disputes and claims that You or IDMatrix may have arising from our provision, or your use, of our website and its services.
To find the quickest and most efficient resolution of any Service Claim, You and IDMatrix agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Service Claim and (2) a proposed resolution. If You want to raise a Service Claim, you must send the aforementioned description and proposed resolution by email (email@example.com) and/or certified mail to: IDMatrix (USA) LTD, Attn: Legal Department, Address: 8 The Green, Suite 8016, Dover, Delaware 19901. To subsequently discuss Your Service Claim with You, we will contact You using the email address or mailing address You provide in Your letter to Us. If IDMatrix wants to raise a Service Claim, we will send You the aforementioned description and claim notice to You at the email address that We have on file for You. If We do not have an email address for You on file, IDMatrix will send Our Service Claim to You through a means that complies with the service of process rules of the State of Delaware.
IF YOU AND IDMATRIX DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND IDMATRIX AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL (NOT CLASS) ARBITRATION PURSUANT TO THE THESE TERMS OF SERVICE BELOW RELATING TO DISPUTES AND ARBITRATION.
DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, IDMATRIX CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE PLATFORM. IDMATRIX DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. WITHOUT LIMITING THE ABOVE, THE PLATFORM, ANY CONTENT, AND THE IDMATRIX SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, AND IDMATRIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. ADDITIONALLY, IDMATRIX DOES NOT REPRESENT OR WARRANT (1) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM OR ANY DOWNLOADABLE SOFTWARE, (2) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, (3) THE PLATFORM, CONTENT, OR SERVICES PROVIDED WILL BE SATISFACTORY, OR (4) ANY SERVICES OR CONTENT WILL BE CORRECT, COMPLETE, ACCURATE UP TO DATE, OR FREE FROM ERRORS OR DEFECTS. SOME JURISDICTIONS (INCLUDING NEW JERSEY) LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.
IN NO EVENT SHALL IDMATRIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR THE RELATED SERVICES, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (6) YOUR INTERACTIONS WITH ANY THIRD PARTIES OR ANY THIRD PARTY CONTENT PLACED ON THE PLATFORM, (7) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES (INCLUDING NEW JERSEY) AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY IDMATRIX’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO USE OUR PLATFORM.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
For all users, this Agreement shall be governed by the laws in force in the state of Delaware, excluding conflict of law principles. The offer and acceptance of this Agreement is deemed to have occurred in the state of Delaware.
Where a dispute or claim occurs from this Agreement or arising out of this Agreement or your relationship with IDMatrix (collectively referred to as a “Claim”), you agree to attempt to resolve such Claim in good faith with IDMatrix. Where user or IDMatrix cannot resolve a Claim through good faith negotiations, either party may elect to have such Claim finally and exclusively resolved by binding arbitration on a singular and individual basis. Any election to arbitrate by one party shall be final and binding on the other(s). YOU HEREBY ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) by one arbitrator as agreed to by the parties or as selected by the AAA Rules. Each party shall be responsible for its own fees in any arbitration proceeding. Where permitted the arbitration may be conducted in person, through document submission, through telephone, or online. Such arbitration shall occur in Dover, Delaware. This arbitration shall not preclude either party’s ability to compel arbitration, seek provisional remedies, or confirm an arbitration award in a competent court of law. Where this arbitration provision is held to be invalid all Claims shall be heard in a court of competent jurisdiction located within Kent County, Delaware.
You and IDMatrix agree that any arbitration shall be limited to each Claim individually. YOU AND IDMATRIX HEREBY AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR IDMATRIX'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be unenforceable, then, to the full extent allowable under applicable law, (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with IDMatrix are deemed to conflict with each other’s operation, IDMatrix shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
IDMatrix or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, suggestions, or other works (“Submission(s)”) in any form to IDMatrix. The sole purpose of this policy is to avoid potential misunderstandings or disputes when IDMatrix’s products might seem similar to ideas you submitted to IDMatrix. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of IDMatrix, without any compensation to you; (2) IDMatrix may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for IDMatrix to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination of this Agreement shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Payment, Disclaimers, Licensing, Indemnification, and Arbitration sections.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. If such amendment is material to this Agreement, you may be required to provide your consent to such amended Agreement. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The communications between you and IDMatrix use electronic means, whether you visit the Platform or send IDMatrix e-mails, or whether IDMatrix posts notices on the Platform or communicates with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from IDMatrix in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that IDMatrix provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
IDMatrix may provide legal and other notices to You, in IDMatrix sole discretion, by (a) posting such notices or links to such notices on the Site, or (b) sending a notice by email, postal mail, overnight courier or facsimile to any contact address or number that You have provided to IDMatrix. If You wish to provide notice to IDMatrix, You shall send such notice, postage prepaid by either U.S. certified mail or by international or domestic overnight courier, to: IDMatrix (USA) LTD, 8 The Green, Suite 8016, Dover, Delaware 19901. Notices You send by email or facsimile, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of IDMatrix (USA) LTD.
The name “idmatrix.com”, “IDMatrix,” the IDMAtrix logo, the design of the IDMatrix Platform along with IDMatrix created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to IDMatrix. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. IDMatrix reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about IDMatrix must be sent to our agent for notice to: firstname.lastname@example.org California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Certain provisions within this Agreement including the no warranties, limitation of liability, and disclaimer sections shall not apply to New Jersey residents pursuant to the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. We can't promise to store or keep showing Content. If you wish to terminate an account, you must contact IDMatrix to request termination. If you terminate your account, you will no longer be able to access any Reports you have received in your account, or are otherwise accessible. We may terminate your account as provided for under this Agreement or if we believe that your actions may harm IDMatrix or our business interests in our sole discretion.
The Platform, the Content, and the underlying information and technology may not be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
You may be able to access the Platform through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cellphone carrier.
Or via mail:
IDMatrix (USA) LTD
8 The Green
Dover, Delaware 19901