The Membership Agreement shall constitute the entire agreement, hereinafter ("Agreement") between the www.IdentiShare.net website (“we”, “our”, “us,” as the case may be) and you. You agree with the terms and conditions set forth in the Agreement when you register as a Member, hereinafter (“Member”). Our Website, hereinafter (“Site”), was designed with our Members in mind to help you view and to use information, content, messages, services, products, software and databases available through the Site. The Site is available only to Members hereinafter referred to as (“you”) who agree to comply with the terms and conditions of the Member Agreement in the use of services made available to you and other Members through participation on the Site.
IdentiShare facilitates access to information through a range of sources in the public domain to provide you with your personal background information. The IdentiShare data exchange that is initiated by Members is for their private use and Member information obtained by and through the IdentiShare process is provided specifically for informational purposes only. We are patently aware of the safety and privacy concerns of our Members and we are vigilant in refining and updating our procedures in striving to provide the best and most effective quality of services on behalf of our Members. IdentiShare does not represent, certify, insure, warrant or guarantee that the information provided by third party vendors, business entities or individuals that offer the products, services or results to our Site will be completely accurate or current and, accordingly, IdentiShare shall not be responsible or liable for the accuracy, precision, usefulness or accessibility of any personal information transmitted or communicated in any way to our Members by the use of the Site. Member data facilitated through the Site should not be used for any Fair Credit Protection Act (“FCRA”) related purpose. IdentiShare refrains from making any judgment, representation or warranty of any Member. In utilizing the IdentiShare data exchange process, Members are limited to the sharing of their personal data with other Members.
IdentiShare may amend the Agreement in its sole discretion, without specific notice to you. The latest Agreement will be posted on the Site and IdentiShare may, in its sole discretion, send you an e-mail notification of any such changes. You should review the Agreement prior to using the services provided for Members on the Site. By your continued use of the Site and related Member services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time.
IDENTISHARE IS NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
To begin the registration process, you must Log in and complete your personal profile, personal data questionnaire and make payment. You must be at least eighteen (18) years of age to use the Site. If any of the information supplied by you following your registration should change, at any time, IdentiShare requires you to update your original information immediately in accordance with the Site procedures.
IdentiShare Data Reports, Data Exchange
The IdentiShare process enables you to request your own background search, to review, verify and validate your personal data report containing the results of the search, to share your personal data report with another IdentiShare Member or anyone you choose through the Site. As a Member, IdentiShare requires you to abide and comply with IdentiShare procedures and policies in using the Site. Without limiting the generality of the foregoing, as a Member you are not permitted to use the Site and/or IdentiShare process: (a) in a manner that may cause emotional or physical harm to anyone, or to “stalk” or otherwise harass another Member or any person; (b) to seek information about or harm Members, minors or relatives thereto in any way; or (c) to engage or act in any manner inconsistent with the policies, procedures and purpose of IdentiShare. IdentiShare requests that you regard a Member’s Data Report as confidential as between two Members’.
Access, Passwords, and Security
You will be responsible for the confidentiality and use of your user name, password and access code(s). IdentiShare takes no responsibility and is not liable to you for any damages of any kind resulting from your decision to disclose your access code(s) and/or password to any third party, including but not limited to entities that aggregate account information or Website content, or persons who are or claim to be acting as your agent, proxy, or investment manager or representative. You will be responsible for all activities through and under your access code(s), password and, any instructions received by us, through the Site, will be deemed to have been received from you. By using the IdentiShare Site, you agree to take all steps necessary to prevent unauthorized access to your account. You agree immediately to notify us if you become aware of: the loss or theft of your password; or any unauthorized use of your access code(s), password or any related information.
Member Use of Site
You agree that IdentiShare is not responsible or liable in any manner whatsoever for your inability to use the IdentiShare process, or for any dispute between you and/or other Member(s). You understand and agree that IdentiShare shall not be liable to you, another Member or any third party for any claim in connection with your use of the Site. In the event that IdentiShare suspects that a Member has misused and/or violated the Agreement, IdentiShare shall terminate the Member’s membership.
Third Party Service Providers
We affiliate with and use third party service providers and vendors to assist in providing service to you. The terms and conditions contained within the Agreement including warranty disclaimers and liability disclaimers incorporated in the Agreement inure to the benefit of our third party providers and such providers are deemed to be third party beneficiaries of the Agreement to the extent of the services set forth in the Agreement including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into the Agreement. The products and services provided by vendors are backed by certifications that confirm and ensure the validity of their services and products that are used by IdentiShare in providing services to you. While we acknowledge these certifications, you expressly understand and agree that IdentiShare, its employees, Executive personnel, Directors, agents, contractors or other partners shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages of any kind derived from our use of these products and/or services.
Member Use and Proprietary Rights
IdentiShare grants to you a limited, revocable, non-transferable license to use the services offered on the Site for the period of your paid term as indicated by the Agreement. The granting of a limited license hereunder does not constitute a waiver of any rights related to the requirements of IdentiShare.
The IdentiShare content, organization, system, methods of use, design, graphics, print/photo works, compilation, magnetic translation, digital conversion, software, Website process and other features used by IdentiShare are protected under applicable copyright, trademark, intellectual property rights, patent pending. It is strictly prohibited for any Member or person to copy, distribute, extract and/or scrape data or publish any element, part or aspect of the IdentiShare content.
Termination of Membership
IdentiShare may, in its sole discretion, terminate the Agreement with you at any time, for any reason with or without cause. You may terminate your Membership at anytime. Upon the expiration of Member’s term of use or upon the termination or suspension of the Agreement by IdentiShare, any and all licenses granted to the Member to use the Site in connection with the Agreement, will immediately terminate.
Member Cancellation of Membership
In accordance with the Agreement, you agree to pay the fee for Membership by credit or debit card as provided by the Site which will automatically enroll you as a IdentiShare Member. You may cancel your initial (first-time) enrollment within twenty-four (24) hours of payment or, thereafter, waive your right to a refund. You agree and understand that your sole remedy with respect to any dispute with IdentiShare is the cancellation of your Membership.
Membership Refund Policy
This Membership Agreement does not offer refunds to our Members except in the event of fraud, theft or stolen credit or debit card(s) that results in the use of services of this Website without the authorization of the User. Please refer to the Terms and Conditions of Service for refund procedures resulting from the unauthorized use of credit/debit cards of the User.
Member Warranties and Representations
Member warrants and agrees that this Membership Agreement has been duly executed and is a valid agreement between IdentiShare and the Member. You acknowledge and agree that your use of the services provided by the Site constitutes a legal, valid and binding obligation which is fully enforceable against you in accordance with its terms. You agree that you: (i) will not use the services of the Site to violate the right of privacy or publicity of any Member or person; (ii) will not engage in any conduct that will violate any applicable federal, state, county or local laws, statutes, codes, or regulations; (iii) will not infringe upon any intellectual property rights of any party, vendor or host including copyright, trademark, trade secret, patent, process, procedure, utility or other intellectual property rights including advertising, design or any right of any other person or entity; (iv) will exercise confidentiality in the receipt of any personal data report from any member. The information provided by IdentiShare in connection with the IdentiShare process is obtained for the personal use of the Member and is not collected, in whole or in part, for the purpose of furnishing consumer reports, as defined in the FCRA. Member understands and acknowledges that IdentiShare is not a consumer credit reporting agency under the FCRA and does not collect nor use any information as a factor in: (i) establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations; (ii) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); or (iii) any other personal business transaction with another individual (including, but not limited to, leasing an apartment).
Disclaimers of Warranties/Limitation of Liability
IT IS EXPRESSLEY UNDERSTOOD THAT THE AGREEMENT, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH INCLUDING THE IDENTISHARE SECURE MEMBER DATA SHARING SYSTEM, THE SITE AND/OR ANY OTHER IDENTISHARE PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, IDENTISHARE MAKES NO WARRANTY THAT THE IDENTISHARE SHARED MEMBER DATA SHARING SYSTEM, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE IDENTISHARE AGREEMENT, THE SITE AND/OR ANY OTHER IDENTISHARE PRODUCTS AND/OR SERVICES: (a) WILL MEET YOUR INDIVIDUAL REQUIREMENTS OR WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; (e) UNAUTHORIZED USERS MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS OR NETWORKS. WE SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES; AND/OR (f) WILL BE ACCURATE OR RELIABLE. FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF SITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHRORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATION HEREUNDER. THE USE OF SERVICES PROVIDED BY THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT OPERATE OR CONTROL THE INTERNET.
Disclaimers of Warranties/Limitation of Damages
THE AGREEMENT, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE IDENTISHARE SECURE MEMBER DATA SHARING SYSTEM, SITE AND/OR ANY OTHER IDENTISHARE PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IDENTISHARE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDENTISHARE, ANY MEMBERS, THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDENTISHARE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NORTH STAR INTEGRITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (i) THE USE OR THE INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE IDENTISHARE SECURE MEMBER DATA SHARING SYSTEM, SITE AND/OR ANY OTHER NORTH STAR INTEGRITY PRODUCTS AND/OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER IDENTISHARE PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (iii) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR THE IDENTISHARE SECURE MEMBER DATA SHARING SYSTEM; AND (iv) THIRD PARTY INFORMATION AND RESEARCH PROVIDERS WHO TRANSMIT INFORMATION OR DATA AND ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION UNDER ANY CIRCUMSTANCES. THIS INCLUDES, BUT IS NOT LIMITED TO CLAIMS FOR DAMAGES THAT MY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE INFORMATION OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION; AND/OR (v) ANY OTHER MATTER RELATING TO THE AGREEMENT, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE IDENTISHARE SECURE MEMBER DATA SHARING SYSTEM, SITE AND/OR ANY OTHER IDENTISHARE PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
AS A CONDITION TO ACCESSING OR RECEIVING THE INFORMATION OR DATA TRANSMITED BY AND THROUGH THE SITE PROCESS, YOU EXPRESSLEY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST US, ANY THIRD PARTY SERVICE/INFORMATION PROVIDER OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING ANY INFORMATION WE MAKE AVAILABLE TO YOU OR IN PROVIDING THE WEBSITE SERVICES. BY ACCESSING AND/OR RECEIVING INFORMATION OR USING THE WEBSITE SERVICE/PROCESS, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF THIRD PARTY SERVICE PROVIDERS, THE INFORMATION PROVIDERS, THE THIRD PARTY RESEARCH PROVIDERS, OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING WEBSITE SERVICES ARISING OUT OF ANY CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE NORTH STAR INTEGRITY WEBSITE SERVICES OR INFORMATION/DATA TRANSMITTING WILL NOT EXCEED THE AMOUNT ORIGINALLY PAID FOR THE WEBSITE SERVICES RELATED TO YOUR CLAIM.
YOU HEREBY RELEASE IDENTISHARE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF NORTH STAR INTEGRITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE IDENTISHARE SYSTEM, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE IDENTISHARE SECURE MEMBER DATA SHARING SYSTEM, SITE AND/OR ANY OTHER IDENTISHARE PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR IDENTISHARE MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NORTH STAR INTEGRITY. ACCESS TO THE MEMBER SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST; THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
IN JURISDICTIONS WHICH DO NOT PERMIT CERTAIN LIMITIATIONS ON LIABILITY, IDENTISHARE’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT THAT MAY BE PERMITTED BY LAW.
Other than for payment obligations, neither party shall be liable, or be considered to be in breach of the Agreement, for any failure or delay in performance as required under the terms of the Agreement which is due to any event or as a result of any causes or conditions that are beyond the reasonable control of either party and such party is unable to overcome such cause or condition through the exercise of commercially reasonable diligence (“Force Majeure Event”); including without limitation, fire, explosion, unavailability of utilities, Internet or network delays or failure, viruses, hacking, telecommunications failures, unavailability of components, labor difficulties, strikes, acts of vandalism, war, riot, insurrections, acts of God, storms or other natural occurrences, national emergencies, or any act or omission of any person or entity, and, in any such case, the affected party will provide the other party notice and use commercially reasonable efforts to minimize the impact of the force majeure event.
Indemnification: Member agrees to indemnify, defend and hold IdentiShare, its parent, affiliates and/or subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from, or related to a Member’s breach of the Agreement or any representation or warranty set forth herein or the Agreement.
Assignment of Rights: Member is not permitted to transfer any rights and/or obligations pursuant to the Agreement without the express written consent of IdentiShare. IdentiShare reserves the right to terminate the Agreement upon any attempt to assign aforesaid rights and/or obligations.
Jurisdiction: The Agreement shall be treated as though they were executed and performed in the State of Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan. Member understands and agrees that all disputes and/or legal actions of any kind will be filed and addressed in the State of Michigan (without regard to conflict of law principles).
Arbitration: In the event of a dispute between the parties, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in the State of Michigan, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be deemed final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.
Waiver of Class Action: You agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against IdentiShare and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief, if necessary, to cease and stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that IdentiShare incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
Equitable Relief: Member agrees that any unauthorized and/or unlawful use of the Site, Content and/or the IdentiShare process would result in irreparable injury to IdentiShare for which monetary damages would be inadequate. In such event, IdentiShare shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief against Member. Member agrees to waive and waives the right to require IdentiShare to post a bond. Nothing contained in the Agreement shall be construed to limit any legal or equitable remedies available to IdentiShare.
Clarification of Agency: Nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between IdentiShare and Member, or any other party. Member has no authority to make or accept any offers or representations on behalf of IdentiShare.
Notice: IdentiShare may provide notices to Member by posting notices or links to notices on the Site. Notices to Member may also be made through e-mail, regular mail, overnight courier or facsimile at Member’s contact addresses of record as set forth by Member on the IdentiShare Site. Notice to IdentiShare shall be sent by prepaid postage U.S. registered or certified mail or by international or domestic overnight courier, to: IdentiShare, P.O. Box 490, Temperance, MI 48182.
Electronic Signature: Pursuant to the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), Member acknowledges and agrees that by clicking on the submit button on the IdentiShare Site and/or similar links as may be designated by IdentiShare, Member is submitting a legally binding electronic signature and is entering into a legally binding contract. Member waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. Member acknowledges and agrees to the use of Electronic Signatures, to the Electronic delivery of notices, policies, agreements, records, data and other records of transactions initiated or completed through software or services offered through the software or services offered by IdentiShare as a means of confirming acceptance and intent to be bound by the Agreement.