IdentiShare Website Terms and Conditions of Service
Effective Date: June 27, 2015
As a user (“you”) of the IdentiShare.net website ("Site”, “Website"), these Terms and Conditions of Service ("TACOS") govern your use of the services you utilize and/or purchases you make from IdentiShare.net ("we", "us", "our"). The Site is a web-based property of IdentiShare, Inc (“IdentiShare”) that makes specific services available to you as set forth in these TACOS. By using the Website, or registering with the Website or placing an order for service with us, you agree to these Terms and Conditions of Service. Please review the requirements to use the Website. If you do not agree to these Terms and Conditions of Service, you may not use the services provided by the Website.
IDENTISHARE IS NOT A CREDIT REPORTING AGENCY AND DOES NOT PROVIDE PRIVATE INVESTIGATOR SERVICES AS DEFINED BY THE FAIR CREDIT REPORTING ACT (“FCRA”) BECAUSE THE INFORMATION PROVIDED BY IDENTISHARE IS NOT COLLECTED OR PROVIDED, IN WHOLE OR IN PART, FOR THE PURPOSE OF SERVING AS A FACTOR IN ESTABLISHING A PERSONS ELIGIBILITY FOR (i) CREDIT OR INSURANCE TO BE USED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES; (ii) EMPLOYMENT PURPOSES; OR (iii) IN CONNECTION WITH A BUSINESS TRANSACTION INITIATED BY AN INDIVIDUAL CONSUMER FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. NORTH STAR INTEGRITY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING OF ANY PERSON. THEREFORE, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES UNDER THE FCRA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS AND CONDITIONS.
Registration and User Requirements
As provided in these Terms and Condition of Service, we grant you a limited, revocable, non-exclusive, non-transferable license to use the services offered on the Site for the period of your paid term for the express purpose of obtaining your own personal background report for your own in-house uses in accordance and compliance with these Terms and Conditions of Service. Your use of our Website services is based upon strict adherence with these requirements. The granting of a limited license hereunder does not constitute a waiver of any rights related to the requirements of IdentiShare.
The IdentiShare process enables you to request your own background search, to review, verify and validate your own personal data report containing the results of the search, to share your personal data report with another IdentiShare Member through the IdentiShare Secure Member Data Sharing System. The IdentiShare data exchange system that is used by you is for your private use and Member information obtained by and through the IdentiShare process is provided specifically for informational purposes only. 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. As such, we request that you regard a Member Data Report as confidential as between two Members’ 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, you are not permitted to use the Website: (a) in a manner that may cause emotional or physical harm to anyone, or to “stalk”, discriminate against or otherwise harass another Member or visitor; (b) to seek information about or harm minors, Members or relatives thereto in any way; (c) to engage or act in any manner inconsistent with the policies, procedures and purpose of IdentiShare; (d) in a manner inconsistent with any applicable domestic or international laws including domestic statutes, regulations, rules, promulgations, court orders or decrees; (e) to act in any manner contrary to these Terms and Conditions of Service, including but not limited to: (i) Reverse engineer, reproduce, copy, record, upload, download, publish, distribute, compile, store, disassemble, convert, digitize, produce source code, rent, sell, convert, publicly advertise, display, use or transmit electronically or by any other method, any part of the IdentiShare Website, including but not limited to, Site Content, IdentiShare proprietary information, process or other Site material made available by or through the Site for any purpose either by actual or constructive design so as deemed to be an infringement by IdentiShare; (ii) Create or employ or apply any process or software to execute, create or engage for the purpose of obtaining, applying, integrating or securing “derivate works”, “deep linking”, “framing”, “mirroring”, “caching”, concealing advertising on the Site, instructions to hide or disguise the name, location, IP address or origin of any communication you use to transmit to our Site, initiate unauthorized hypertext links, to disable or block any business use associated with the Site;
(iii) Purposely monitor the Site’s functionality, track and/or retrieve any Site data for any commercial purpose through any automated or manual process;
(iv) Transmit, distribute, facilitate in any way to any other computer, website, drive or any other medium, proprietary information, website content, process, design, wording, photographs, concepts and related materials of the Site to any third party. You agree that the aforesaid information and material is confidential and proprietary and that you will not undertake any conduct or methods to obtain, use or disclose to any person or entity for whatever reason as contrary to these Terms and Conditions of Service; (v) Join, integrate or homogenize, to any degree or extent, the IdentiShare Content or any Website process in conjunction with any third party material or software; (vi) Infringe upon the legal or any proprietary rights of IdentiShare or any third party; (vii) Directly or indirectly integrate, reproduce, create, compile or incorporate any element or part of the IdentiShare Site, including but not limited to, any Content, the IdentiShare process and Site processes, as referenced in these Terms and Conditions, into any computer database, any directory, depository or collective system of any kind.
IdentiShare will employ effective security measures to prevent the unauthorized use, exposure or misuse of your personal information; however, you shall also be responsible for maintaining 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.
Revisions to Terms and Conditions of Service
IdentiShare may amend and/or modify these Terms and Conditions of Service, in whole or in part, in its sole discretion to reflect changes to our information and practices. We may notify you by email or by a notice on our Website prior to or at the time the change becomes effective. Your continued use of our Website following our notification(s) by either of the preceding means, or as otherwise determined by IdentiShare, shall indicate your acknowledgement of such modifications and agreement to be bound by the amended Terms and Conditions of Service. We encourage you to review this policy periodically for the latest information on our Terms and Conditions of Service.
Website Use Restrictions
In accordance with these Terms and Conditions of Service, and as a condition in using the foregoing and Site Services, you understand, acknowledge and agree that: (i) Members are granted a limited license, as provided in these Terms and Conditions of Service, that allow you to view Website material, including but not limited to, images, photographs, media, wording, text, trademarks, logos, designs, artwork, sliders, software and various other information including user interfaces made available through the Site hereinafter (“Content”); (ii) You are prohibited from extracting any Content whatsoever from the Website as provided in these Terms and Conditions of Service; a violation of this requirement will result in the termination of your account; (iii) You are prohibited from caching, initiating or causing unauthorized hypertext links to our Website including the framing of any Content made available through our Website. We reserve the right to disable any unauthorized links or frames to our Website; (iv) IdentiShare does not offer, provide or support our Members with a platform to perform and/or conduct an independent background search on any consumer or entity, except and limited to the Member’s own personal background request for information. You understand and acknowledge that IdentiShare is not a consumer credit reporting agency under the FCRA, and as such, you shall not use any information as a factor in: (a) establishing a consumer’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations; (b) evaluating a consumer for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); or (c) any other personal business transaction with another consumer (including, but not limited to, leasing an apartment).
Member Warranties and Representations
You warrant and agree that these Terms and Conditions of Service have been duly executed and is a valid agreement between IdentiShare and you. 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) understand and agree that 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, we 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; (iii) will not infringe upon any intellectual property rights of IdentiShare, 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. You acknowledge and understand that a Member’s background check is obtained by screening that Member’s criminal and civil background that covers a search period of seven years. Neither IdentiShare, nor any of its employees, makes any warranty express or implied, including warranties of merchantability and fitness for a particular purpose, or assumes any legal liability for the accuracy, completeness, or usefulness of the results of any Member’s background screening used by a Member. IdentiShare, its employees, personnel or executives shall under no circumstances be liable whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or damages suffered by you or any other person in reliance by you on any background report provided by any person, Member or other person to you, your agent, your designee or representative of any kind. The liability of IdentiShare including its officers, employees and agents to you shall be limited to the amount commensurate with the cost of your Membership. IdentiShare excludes to the fullest extent permitted by law, all warranties, representations and conditions whether implied by law, trade or otherwise concerning the use of background reports. Any reference to any vendor providing a specific product, process, or service including background screening reports does not constitute or imply an endorsement by IdentiShare of that vendor.
We are required to inform you that a consumer reporting agency, in the United States, is a company that collects information from various sources and provides consumer credit information on individual consumers for a variety of uses. Consumer reporting companies collect and store information in databases and provide consumer reports on consumers that are used to provide credit, insurance, or employment information, and for other purposes. National Consumer Reporting Agencies (“CRA”) collect and sell information about the creditworthiness of individuals. Prospective creditors and other entities request and purchase credit reports among other Checks from a CRA about specific individuals, and then use this information to decide how much credit, if any, to extend to the individual. Other commercial sources that provide consumer reports to individuals through the internet may utilize databases of publicly available sources of information, referred to as third party websites and/or a CRA, that respond to inquiries and searches about consumers that are initiated and paid for by other individuals and/or entities who use these commercial business sources.
Under the Fair Credit Reporting Act (“FCRA”), consumer reporting agencies utilize information stored and collected in databases, in whole or in part, for the purposes of furnishing consumer reports, which may be used as a factor in (a) Evaluating a consumer for initial employment, reassignment, promotion, or retention (including but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors and domestic workers); (b) Tenancy including, but not limited to, deciding whether to lease a residential or commercial space to a consumer; (c) Assessing a consumer’s qualifications for an educational program or scholarship including, but not limited to, educational admission or benefits; (d) Personal credit, loans or insurance including, but not limited to, assessing the risk associated with providing credit, a loan, or insurance based on a consumer’s existing debt obligations; and (e) Business transactions initiated by a consumer including, but not limited to, determining whether the consumer continues to meet the terms of a personal customer account.
IdentiShare is not a Consumer Reporting Agency and does not provide private investigator services as defined by the Fair Credit Reporting Act. The information provided by IdentiShare in connection with the IdentiShare process is obtained for your personal use and is not collected, in whole or in part, for the purpose of furnishing consumer reports, as defined in the FCRA. As such, the additional protections afforded to consumers, and obligations placed upon credit reporting agencies, are not contemplated by, nor contained within, this agreement. By law, you are entitled to use your information in a legal and socially acceptable manner. Violation of these Terms and Conditions of Service by using
information in a way that is improper or illegal can lead to possible criminal penalties and/or fines. At IdentiShare, while we specifically limit our focus on obtaining only your information for your own personal use, we reserve the right to terminate any Member account and user access should we determine misuse of a Member’s information in violation of these Terms and Conditions of Service. Please contact us at email@example.com if you have any questions about conducting a search on a consumer from IdentiShare.
FCRA Summary of Rights and Disclosure of Background Investigation
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. For more information regarding your rights under the FCRA including information about additional rights, you may go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20006. Para information en espanol, visite www.consumerfinance.gov/learnmore o escribe a la Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20006.
We are required to provide you with A SUMMARY OF YOUR RIGHTS and A DISCLOSURE REGARDING BACKGROUND OF INVESTIGATION AND RIGHTS thereunder the FAIR CREDIT REPORTING ACT (“FCRA”). By using this Website, you acknowledge receipt of the following SUMMARY OF RIGHTS and RIGHTS OF DISCLOSURE REGARDING BACKGROUND INVESTIGATION and you certify that you have read and understand the information contained in the SUMMARY OF RIGHTS and DISCLOSURE REGARDING BACKGROUND INVESTIGATION.
Under the FCRA, you have the following Summary of Rights: (i) The right to ask for a Credit Score. Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender; (ii) The right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless the dispute is frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures; (iii) The right to request Consumer Reporting Agencies to correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within thirty (30) days. However, a consumer reporting agency may continue to report information it has verified as accurate; (iv) The right to request that a Consumer Reporting Agency to not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven (7) years old, or bankruptcies that are more than ten (10) years old; (v) Limited access to your consumer file to those entities or persons with a valid need for access. A consumer reporting agency may provide information about you only to people with a valid need and usually to consider an application with a creditor, insurer, employers, landlord, or other business. The FCRA specifies those with a valid need for access; (vi) The right to “pre-screened” offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt-out with the nationwide credit bureaus at (888) 567-8688; (vii) Your necessary consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent is not required by the trucking industry. More information is available and provided at www.consumerfinance.gov/learnmore; (viii) The right to seek damages from violators. If a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court; (ix) Additional rights Identity theft victims and active duty military personnel. Go to www.consumerfinance.gov/learnmore; (x) The right to elect state consumer protection under the law. States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. Contact your state consumer protection agency for more information.
Under the FCRA, a consumer has a right to request a Disclosure of a "consumer report" and/or an "investigative consumer report" that may be obtained at any time by an employer prior to or throughout a consumer’s employment, if hired. The report may include information about the consumer's character, general reputation, personal characteristics, and/or mode of living, and which can involve personal interviews with sources such as the consumer's friends, neighbors, or associates. These reports may also include, but are not limited to, checks regarding the consumer's criminal history, social security trace, employment and education references, driving history, professional licenses and credentials. Credit history can be requested by an employer only in accordance with applicable law. These reports may contain information regarding the consumer's use of social media and other publicly accessible information. Social media includes, but is not limited to, social networking websites (i.e. Facebook and others), professional networking websites (i.e. LinkedIn and others), blogs, and other online media.
We are required to inform you that consumers are legally entitled to rights of Disclosure. A Company that issues notice of a “consumer report” and/or an “investigative consumer report” to a consumer is required to disclose the nature and scope of the report to the consumer upon receipt of a written request from the consumer. The request must be made within a reasonable time. The consumer may also request a copy of that report from any Agency that furnishes a copy of that report from that Company. The Company is required to provide the consumer with relevant contact information within five business days of the request. An “investigative consumer report” is a background report that includes information from personal interviews (except in California, where that term includes background reports with or without personal interviews). Please be advised that the nature and scope of the most common form of investigative consumer report obtained with regard to applicants for employment is an investigation into the consumer's education and/or employment history conducted by a consumer reporting agency. The scope of the disclosure and the consumer’s authorization is all encompassing, allowing the Company to obtain from any outside organization all manner of consumer reports and investigative consumer reports now and, if hired, throughout the course of the consumer's employment, to the extent permitted by law. As a result, the consumer should carefully consider whether to exercise the right to request disclosure of the nature and scope of any investigative consumer report. Consumers have employment Disclosure rights including rights in the following states; (i) Maine, Massachusetts, and New Jersey. Applicants or employees only, have the right to inspect and promptly receive a copy of any investigative consumer report requested by a Company by contacting the consumer reporting agency identified above directly; (ii) Minnesota. Applicants and employees only, have the right, upon written request to the State Consumer Reporting Agency, to receive and complete and accurate disclosure of the nature and scope of any consumer report. The Agency must make this disclosure within five days upon the consumer’s request or of the Company’s request for the report, whichever is later; (iii) New York. Applicants or employees only, have the right to request whether the Company requested a consumer report and, if so, Company will give the consumer the name and address of the report’s provider if other than an Agency; (iv) California, Minnesota and Oklahoma. Applicants and employees only, have a right to request from the State consumer reporting Agency any consumer report furnished by the Agency to the Company pursuant to the consumer’s request and authorization; (v) Washington. The Company will provide a Disclosure, as herein referenced, to applicants and employees only, concerning its procurement of an investigative consumer report either five days after receiving the request or after requesting the investigative consumer report, whichever is later. The consumer has the right to request the Company to provide a Summary of Rights under the Washington Fair Credit Reporting Act.
Disclaimer of Warranties
The information in our databases comprises general background information derived from your personal submissions and public records requested by you.
IT IS EXPRESSLEY UNDERSTOOD THAT THE AGREEMENT, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH INCLUDING THIS SITE, THE IDENTISHARE SECURE MEMBER DATA SHARING SYSTEM 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, NORTH STAR INTEGRITY, ITS PARENT(S), SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTY THAT THE NORTH STAR INTEGRITY SHARED MEMBER DATA SHARING SYSTEM, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, THE NORTH STAR INTEGRITY AGREEMENT, THE SITE AND/OR ANY OTHER NORTH STAR INTEGRITY PRODUCTS AND/OR SERVICES: (i) WILL MEET YOUR INDIVIDUAL REQUIREMENTS OR INTENDING PURPOSES FOR USING NORTH STAR INTEGRITY OR WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM;
(ii) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE INCLUDING ANY FORCE MAJEURE EVENTS OR THAT DEFECTS WILL BE CORRECTED; (iii) WILL BE FREE OF VIRUSES, HACKERS OR OTHER HARMFUL COMPONENTS; (iv) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; (v) CAN GUARANTEE AGAINST UNAUTHORIZED ATTEMPTS BY USERS WHO MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS OR NETWORKS. WE SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES; AND/OR (vi) WILL BE COMPLETELY ACCURATE OR RELIABLE.
FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF SITE. YOU UNDERSTAND THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE INCLUDING THE INFORMATION, CONTENT AND SERVICES PROVIDED THEREIN MAY CONTAIN LIMITATIONS, NOT LIMITED TO, ERRORS AND/OR BUGS OR OTHER PROBLEMS. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT OPERATE OR CONTROL THE INTERNET, THEREBY WE WILL NOT BE LIABLE FOR ANY INTERNET DIFFICULTY OR PROBLEM UNDERLYING THE CONNECTION YOU USE TO ACCESS OUR SITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHRORIZED REPRESENTATIVES INCLUDING THIRD PARTY PROVIDERS OR ANY OTHER PERSONS AND/OR ENTITIES EITHER THROUGH OR BY OUR SITE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATION NOT EXPRESSLY SET FORTH HEREUNDER. THE USE OF SERVICES PROVIDED BY THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET.
Disclaimer - Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDENTISHARE, ITS EXECUTIVE PERSONNEL, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, SHAREHOLDERS, SUPPLIERS, CONTRACTORS, AFFILIATES, THIRD PARTY PROVIDERS, SUBSIDIARIES, AND OTHER PARTNERS 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 IDENTISHARE 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 IDENTISHARE 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 MAY 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 STATUTORY AND COMMON LAW 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 SITE SERVICES RELATED TO YOUR CLAIM.
YOU HEREBY RELEASE IDENTISHARE, ITS EXECUTIVE PERSONNEL, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, SHAREHOLDERS, SUPPLIERS, CONTRACTORS, AFFILIATES, THIRD PARTY PROVIDERS, SUBSIDIARIES, AND OTHER PARTNERS 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 AGAINST IDENTISHARE MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE ALLEDGED CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IDENTISHARE. ACCESS TO THE MEMBER SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE 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.
Third Party Service Providers
We affiliate with and use third party service providers and vendors to assist in providing service to you. The products and services provided by vendors are backed by certifications that confirm and ensure the validity of their services 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. 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.
Links to Advertisers
The Site may provide, or third parties may provide links to other websites on the Internet including products, services or other resources. Because IdentiShare has no control over these sites or similar sites and/or such products, services and/or resources, you acknowledge, understand and agree that we are not responsible or liable for any advertising content, services, products or the website practices of any of these sites, or for any material or resources that may be available through these sites. Should you click on or access any third party advertisements, on or through the third party site, you acknowledge and agree that any and all terms, conditions and warranties and/or representations are solely between you and the third party site and/or vendor. Should you incur any loss or damage that is caused or perceived to be caused by or in connection with your transaction, use of and/or reliance on such products, services or transaction(s) with the third party and/or vendor result, you acknowledge and agree that IdentiShare shall not be responsible or liable, directly or indirectly, for any loss or damage.
IdentiShare is very sensitive to the issues of children’s privacy. Our site is not developed for or directed for use by children under the age of eighteen (18) years. Visitors under this age are not eligible to use the IdentiShare Site. We do not knowingly solicit or collect personal information from any visitor that we know is under the age of eighteen (18) years. We do not knowingly collect Personally Identifiable Information (“PII”) from anyone under the age of eighteen (18) years. If we are made aware that we have received PII from any visitor under (18) years, we will use reasonable efforts to remove that information from our records.
IdentiShare upholds and manages the Website, the Services, and all information contained therein including the content, organization, process, methods of use, design, graphics, print/photo works, compilation, magnetic translation, digital conversion, software and other features used by the IdentiShare process protected under applicable copyright, trademark intellectual property rights, patent pending. It is strictly prohibited to copy, distribute, extract and/or scrape data or publish any element, part or aspect of the IdentiShare process by anyone except as otherwise permitted under the Agreement and by the express written authorization of the designated IdentiShare executive personnel. IdentiShare and our Website logos, content, graphics, photos, designs, navigation, page headers, button icons, scripts, wording, organization patterns and service names are trademarks in the United States. Our trademarks may not be used as part of trademarks and/or domain names in connection with any product or service without the express written consent of an authorized officer of IdentiShare. All rights in and to the IdentiShare Website, including those referenced above, not expressly granted to you are reserved by IdentiShare.
Payments, Credit Sources, Disputes
You agree to pay the fees applicable to the Services you choose as described on the IdentiShare Website. We make your payment methods easy for you by offering you the choice between a credit card or debit card. In accordance with our policy, you will confirm that you are the owner and/or permitted to use the form of payment and you also agree to allow us to collect and store your transaction information. Through our payment processor, merchant services, you authorize us to charge the full amount of the Service you select, and we may obtain a pre-approval from the issuer of your card at the point of purchase, or within a short time following your transaction. If you cancel your transaction prior to the completion of your order, your funds may not be immediately available to you. A payment through your debit card that results in an overdraft against your account may result in an additional fee from your financial institution in which case, you alone are responsible for this charge against your account. In addition to this charge, you agree to be responsible for all chargebacks, fees, fines, penalties, reversals, claims, costs and related charges arising out of or caused by any payments authorized by you. If you suspect, realize or determine that there is an unauthorized transaction executed on your account or by the use of your source of payment (credit/debit card) for the use of our services, you agree to notify us immediately. Once we are notified, we will take action to prevent further financial loss to you. You agree that you will notify and submit a claim to us within thirty (30) days from the day of the charge on your credit and/or debit card; otherwise, your failure to notify us within this time period is your waiver of all claims against us.
Electronic Communications and Signature
Communications generated between you and us is by and through electronic transmissions. When you visit the Site and/or send us emails and/or we communicate with you by email, you acknowledge and agree that communications through electronic transmission constitutes your consent to receive communications for us in this form. You further acknowledge and agree that the terms, conditions, notices, disclosures and related communications provided by us to you in this form electronically meets and satisfies any legal requirement that might otherwise require these or similar forms of communication to be in writing.
To the extent provided by law, the aforementioned does not affect your statutory rights. Pursuant to the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), you acknowledge and agree that by clicking on the submit button on the IdentiShare Site and/or similar links as may be designated by IdentiShare, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You waive 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. You acknowledge and agree 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.
Misconduct: IdentiShare reserves the right to suspend and/or terminate your Account access to our Website, in our sole discretion, if we ascertain that you have violated the TACOS requirements.
Indemnification: You agree to indemnify, defend and hold harmless IdentiShare, Inc., its parent, affiliates and/or subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys including any entity that has provided information or provided services for our Website and/or services against any and all direct or indirect liabilities, demands, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising out of your use of our Site products and/or services including any distribution and/or dissemination of any information derived therefrom and against any material or minor (partial) breach of these TACOS or any representation or warranty set forth herein.
Waiver: IdentiShare’s failure to enforce a breach of these TACOS or insist upon strict adherence to any provision contained herein or by mere lapse of time without giving notice or taking further action hereunder shall not be deemed to be, construed or constitute a waiver of IdentiShare’s right to enforce its rights under these TACOS. Further, the waiver by IdentiShare of a breach of these TACOS by you shall not be construed or constitute a continuing waiver of such breach or of any other breaches of the same or other provisions of these TACOS.
Assignment of Rights: You are not permitted to transfer any rights and/or obligations pursuant to the TACOS without the express written consent of IdentiShare. IdentiShare reserves the right to terminate the TACOS upon any attempt to assign aforesaid rights and/or obligations.
Jurisdiction: These TACOS shall be governed by and construed in accordance with the laws of the State of Michigan as if made within Michigan between two residents thereof, and the parties submit to the exclusive jurisdiction of the Circuit Court of Monroe County, Michigan and the United States District Court for the Eastern District of Michigan. You further understand and agree that all disputes and/or legal actions of any kind are subject to the Arbitration provision, as set forth herein, (without regard to conflict of law principles).
Severability: If any of the provisions of these TACOS are found or deemed by a court to be invalid or unenforceable, they shall be modified and interpreted so to bring about the objectives of the invalid or unenforceable provision(s) within the limits of the law and shall not cause the invalidity or unenforceability of the remainder of the TACOS.
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 Eastern District, Southern Division of 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, Inc., 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: You agree that any unauthorized and/or unlawful use of the Site 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 you. You agree to waive the right to require IdentiShare to post a bond as a prerequisite to pursuing injunctive relief. Nothing contained in the Agreement shall be construed to limit any legal or equitable remedies available to IdentiShare.
Agency: Nothing in these TACOS will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between IdentiShare and you, or any other party. The failure of either party to exercise in any respect any right as set forth herein shall be construed or deemed a waiver of any rights hereunder. You have no authority to make or accept any offers or representations on behalf of IdentiShare. We reserve the right to transfer, assign or delegate these TACOS and our rights and obligations without your consent.
How to Contact IdentiShare: Our Website “Contact Page” provides information that allows you to contact us directly with any comments and/or questions that you may have for us. We strive to review your inquiry and to provide you with a quick response. Whether you would like to register a complaint, notify us of the misuse or inappropriate behavior within our Website, report information that may be inaccurate or misleading, inquire about current opportunities with IdentiShare or share a story of interest, whatever the reason, please feel free to contact us at IdentiShare, Inc., P.O. Box 490, Temperance, MI 48182 or at firstname.lastname@example.org or at (844) 236-6253. We will be glad to assist you.
Notice: IdentiShare may provide notices to you by posting notices or links to notices on the Site. Notices to you may also be made through e-mail, regular mail, overnight courier or facsimile at your contact address of record as set forth by you 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:
P.O. Box 490
Temperance, MI 48182