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CONFIRM ID TERMS OF USE AGREEMENT

As a ConfirmID user, this serves as your notice of our terms and conditions that govern our website and its services. Please read them carefully. By visiting the ConfirmID website, you are agreeing to its terms, conditions and notices. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it periodically as it is your responsibility to refer to this page for any amendments/changes to the original Agreement.

1. Eligibility:
You must be eighteen or over to register as a member of or use this site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old (or age of majority, if different, in where you reside at the time you enroll in our service.)

2. Fees/Termination:
ConfirmID's, usage and/or subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. ConfirmID reserves the right to terminate your access to the site for any reason or no reason. We may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership because you have breached these terms of use, you will not be entitled to any refund of any unused subscription fees.

3. Privacy:
ConfirmID maintains a database that includes personally identifiable information. Our use of this information is strictly governed by our Privacy Policy, which may change from time to time upon electronic notice to you. Notwithstanding the foregoing, by the very nature of the service, some of your personally identifiable information, specifically your age, gender and location, but not your name and address, are disclosed to third parties upon request. Unless specially authorized, as stated in our Privacy Policy, only information for which you have consented will be disclosed to third parties upon request.

4. No Warranty on Certain Information:
The information collected by ConfirmID is meant to help a person make a more informed decision about initiating or continuing contact/communication with the person whose information is being reviewed. The information disseminated is limited in nature and should not be interpreted beyond its immediate scope. Specifically, this service is not intended to warrant anyone's general character, his or her credit history, his or her criminal background and/or any other similar information.

5. Disclaimers:
ConfirmID, including its shareholder, directors, officers, agents, employees, contractors or other affiliated entities is not responsible for any incorrect or inaccurate content posted on our site, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the ConfirmID service whether online or offline. ConfirmID assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. ConfirmID is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with our site or service.

6. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will ConfirmID be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or service. Notwithstanding anything to the contrary contained herein, ConfirmID liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you during the term of your membership.

7. U.S. Export Controls:
Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) 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 Software, 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.

8. Arbitration of Disputes:
Any and all disputes arising out of these Terms of Use and/or your relationship with ConfirmID shall be submitted to the binding arbitration according to the rules of the American Arbitration Association. The party to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. The arbitration shall take place exclusively in Santa Clara County, California and shall be governed by California law without regard to its conflict of law provisions.

9. Indemnity:
You agree to indemnify and hold ConfirmID its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

10. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:


General Counsel
ConfirmID
220 Humboldt Ct
Sunnyvale, CA 94089, USA



or to the email address you provide to ConfirmID during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, ConfirmID may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ConfirmID during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that the Terms of Use and all incorporated Agreements may be automatically assigned by us in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to ConfirmID shall include its subsidiaries, affiliates, shareholders, directors, officers, agents, and other partners and employees. ConfirmID failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.


ConfirmID is located at:
220 Humboldt Ct
Sunnyvale, CA 94089, USA


(Revised May 15, 2002)


Copyright © 1996-2014 Confirm ID, Inc. All rights reserved.
ConfirmIDSM is a service mark of Confirm ID, Inc.

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