This is an Agreement Between You and IDENTITY DEVELOPMENTS
This is an agreement (“Agreement”) between you and IDENTITY DEVELOPMENTS. This Agreement governs your use of the IDENTITYDEVELOPMENTS.COM website, operated by IDENTITY DEVELOPMENTS. IDENTITY DEVELOPMENTS OFFERS THE IDENTITYDEVELOPMENTS.COM WEBSITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE IDENTITYDEVELOPMENTS.COM WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. IF YOU DO NOT AGREE WITH ANY SECTION, YOUR ONLY REMEDY IS TO NOT USE OUR WEBSITE.
How IDENTITY DEVELOPMENTS May Modify This Agreement
IDENTITY DEVELOPMENTS reserves the right to change the terms, conditions, and notices under which it offers the IDENTITYDEVELOPMENTS.COM website, including any charges associated with the use of sections of the IDENTITYDEVELOPMENTS.COM website. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the IDENTITYDEVELOPMENTS.COM website. Your continued use of the IDENTITYDEVELOPMENTS.COM website after the effective date of such changes constitutes your acceptance of and agreement to such changes.
No Commercial, Unlawful or Harmful Use of the IDENTITYDEVELOPMENTS.COM Website
The IDENTITYDEVELOPMENTS.COM website is only for your personal use. You will not use the IDENTITYDEVELOPMENTS.COM website for commercial purposes. You will not use the IDENTITYDEVELOPMENTS.COM website in any way that is unlawful, or harms IDENTITY DEVELOPMENTS, its affiliates, partners, service providers and/or suppliers, agents, or any customer of IDENTITY DEVELOPMENTS, as determined by IDENTITY DEVELOPMENTS’ sole discretion. IDENTITY DEVELOPMENTS may tell you about certain specific harmful uses in a code of conduct or other notices available through the IDENTITYDEVELOPMENTS.COM website, but has no obligation to do so. You may not use the IDENTITYDEVELOPMENTS.COM website in any way that breaches any code of conduct, policy or other notice applicable to the IDENTITYDEVELOPMENTS.COM website. Without limiting the generality of this section, you may not use the IDENTITYDEVELOPMENTS.COM website in any manner that could damage, disable, overburden, or impair any IDENTITYDEVELOPMENTS.COM website (or the network(s) connected to the IDENTITYDEVELOPMENTS.COM website) or interfere with any other party’s use and enjoyment of the IDENTITYDEVELOPMENTS.COM website.
SPAM is Prohibited
You will not use the IDENTITYDEVELOPMENTS.COM website to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
Materials You Post or Provide and Communications Monitoring
For materials you post or otherwise provide (a “Submission”) to IDENTITY DEVELOPMENTS related to the IDENTITYDEVELOPMENTS.COM website, IDENTITY DEVELOPMENTS, or IDENTITY DEVELOPMENTS products or services, you grant IDENTITY DEVELOPMENTS permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the IDENTITYDEVELOPMENTS.COM website, IDENTITY DEVELOPMENTS, or IDENTITY DEVELOPMENTS products and (2) sublicense these rights, to the maximum extent permitted by applicable law. IDENTITY DEVELOPMENTS will not pay you for your Submission. IDENTITY DEVELOPMENTS may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.
Information Available from the IDENTITYDEVELOPMENTS.COM WEBSITE
IDENTITY DEVELOPMENTS reserves the right to change the content, presentation, performance, user facilities and availability of any part of the IDENTITYDEVELOPMENTS.COM website at its sole discretion and without notice. Any such changes will become effective upon posting by IDENTITY DEVELOPMENTS.
IDENTITY DEVELOPMENTS and its affiliates do not warrant or guarantee the accuracy or timeliness of any information available from the IDENTITYDEVELOPMENTS.COM website including product or service information, frequently asked questions, instructions, tips and advice, etc. IDENTITY DEVELOPMENTS and its affiliates do not authorize the use of information available from the IDENTITYDEVELOPMENTS.COM website for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
Where IDENTITY DEVELOPMENTS provides links to third party websites, IDENTITY DEVELOPMENTS shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by the link and IDENTITY DEVELOPMENTS does not endorse or approve the content of such third party websites.
IDENTITY DEVELOPMENTS Makes No Warranty
The IDENTITYDEVELOPMENTS.COM website including, without limitation, its contents, functionality, performance and features are provided on an “as is,” “with all faults,” and “as available basis” at the member’s sole risk and without representations or warranties of any kind and to the full extent permitted by law. IDENTITY DEVELOPMENTS and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free. IDENTITY DEVELOPMENTS does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the IDENTITYDEVELOPMENTS.COM website.
IN NO EVENT WILL ANY IDENTITY DEVELOPMENTS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE IDENTITYDEVELOPMENTS.COM WEBSITE, EVEN IF SUCH IDENTITY DEVELOPMENTS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE IDENTITYDEVELOPMENTS.COM WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY IDENTITY DEVELOPMENTS PARTY WITH RESPECT TO THIS AGREEMENT OR THE IDENTITYDEVELOPMENTS.COM WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IDENTITYDEVELOPMENTS.COM WEBSITE.
Changes to the IDENTITYDEVELOPMENTS.COM Website and Additional Liability Limitation
THE IDENTITY DEVELOPMENTS PARTIES MAY CHANGE THE IDENTITYDEVELOPMENTS.COM WEBSITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the IDENTITYDEVELOPMENTS.COM website, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “Content”) originated by IDENTITY DEVELOPMENTS and persons other than IDENTITY DEVELOPMENTS (any such person is referred to as a “Third Party”). YOU ACKNOWLEDGE AND AGREE THAT THE IDENTITY DEVELOPMENTS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. YOU ACKNOWLEDGE AND AGREE THAT IDENTITY DEVELOPMENTS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE IDENTITYDEVELOPMENTS.COM WEBSITE, (2) ANY INCOMPATIBILITY BETWEEN THE IDENTITYDEVELOPMENTS.COM WEBSITE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE IDENTITYDEVELOPMENTS.COM WEBSITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE IDENTITYDEVELOPMENTS.COM WEBSITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
Termination and Access Restriction
IDENTITY DEVELOPMENTS may terminate this Agreement, or terminate or suspend your access to the IDENTITYDEVELOPMENTS.COM website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the IDENTITYDEVELOPMENTS.COM website will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE IDENTITYDEVELOPMENTS.COM WEBSITE MAY NOT BE RETRIEVED LATER.
Choice of Law and Location for Resolving Disputes
If this Agreement is with IDENTITY DEVELOPMENTS, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Wisconsin, without reference to conflict of laws principles. If this Agreement is with a IDENTITY DEVELOPMENTS affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such IDENTITY DEVELOPMENTS affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject IDENTITYDEVELOPMENTS.COM website are directed. If this Agreement is with IDENTITY DEVELOPMENTS, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Dane County, Wisconsin, USA in all disputes arising out of or relating to the use of the IDENTITYDEVELOPMENTS.COM website. If this Agreement is with a IDENTITY DEVELOPMENTS affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such IDENTITY DEVELOPMENTS affiliate in all disputes arising out of or relating to the use of the IDENTITYDEVELOPMENTS.COM website.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. IDENTITY DEVELOPMENTS may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the IDENTITYDEVELOPMENTS.COM website. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and IDENTITY DEVELOPMENTS with respect to the IDENTITYDEVELOPMENTS.COM website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IDENTITY DEVELOPMENTS with respect to the IDENTITYDEVELOPMENTS.COM website. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Copyright and Trademark Notices
All contents of the IDENTITYDEVELOPMENTS.COM website are Copyright IDENTITY DEVELOPMENTS and/or its suppliers. All rights reserved. IDENTITY DEVELOPMENTS, and/or other IDENTITY DEVELOPMENTS products and services referenced herein may also be either trademarks or registered trademarks of IDENTITY DEVELOPMENTS in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
If you believe that your intellectual property right has been infringed, it is your obligation to notify IDENTITY DEVELOPMENTS immediately.