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Terms Of Use

Effective Date: February 06, 2019

IDSEALSM Website Terms of Use

These IDSEAL Website Terms of Use (these “Website Terms of Use”) are issued by IDSeal, LLC on behalf of itself and its affiliates (collectively “IDSeal”, “we”, or “us”). These Website Terms of Use apply to the access to and use of IDSeal.com and all other websites owned or operated by IDSeal (collectively, the “Website”) by any party (“you”), and constitute a legally binding agreement between IDSeal and you.

Please read these Website Terms of Use before using the Website. By using the Website, you acknowledge, accept and agree to all provisions set forth in these Website Terms of Use, regardless of whether you purchase any service or product from IDSeal, and you also agree to the terms and conditions contained in the IDSeal Privacy Policy (the “Privacy Policy”), which describes how we collect and process personal and non-personal information when you use the Website and our mobile application (collectively, the “Sites”), and the IDSeal Cookie Policy (the “Cookie Policy” and, together with the Privacy Policy, the “Policies”), which describes how we may use cookies on the Sites.

Without limiting the foregoing, by accessing and using the Website, you specifically acknowledge and agree to the following:

  • YOU AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND IDSEAL ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE OR THESE WEBSITE TERMS OF USE PURSUANT TO THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN ARTICLE 8 BELOW “DISPUTE RESOLUTION PROVISIONS”; AND
  • YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS, WHICH PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.

1. Introduction

These Website Terms of Use apply only to your use of the Website. By accessing and using the Website, you agree to (i) these Term of Use, and (ii) the terms and conditions contained in the Policies, all of which should be read together with these Website Terms of Use. You can access the public areas of the Website without providing personal information; however, password-protected areas of the Website require you to provide certain personal information to IDSeal. If you purchase services from IDSeal, additional terms and conditions apply, including the IDSeal Terms & Conditions (the “Terms”).

Subject only to Article 7 below, IDSeal may revise these Website Terms of Use at any time. You should check these Website Terms of Use regularly to review the current version.

2. License and Conditions

IDSeal grants you a limited, royalty-free, non-exclusive license to access and make use of the Website. As a condition of such license, you acknowledge and agree that:

  • all intellectual property appearing on the Website, including without limitation names, logos, trademarks, and copyrighted material (collectively, “Intellectual Property”) is owned by IDSeal, its licensors, or affiliated business partners, and the limited license granted by these Website Terms of Use does not convey any ownership or other rights in the Intellectual Property;
  • you will not download (except as required to access and make use of the Website), reproduce, modify, copy, resell, or use for any commercial or non-commercial purpose any (i) Intellectual Property; (ii) service listings, descriptions, or price lists; or (iii) other content appearing on the Website;
  • you will not reproduce or store any part of the Website or its content in or on another website;
  • if you are an affiliate Independent Business Owner, you will use the Website in compliance with your IBO Agreement; and
  • you will not alter the Website or any of its content.

Any rights not expressly granted in these Website Terms of Use are expressly reserved to IDSeal.

3. Visitor Material and Conduct

Other than Personal Information, as defined in the Terms, and subject to those Terms as well as covered by the Privacy Policy, any information that you transmit or post to the Website is considered non-confidential. IDSeal shall have no obligations with respect to such information and is free to use it for any purpose.

You may not post on or transmit to or from the Website any material that:

  • is threatening or abusive, defamatory or scandalous, obscene or pornographic, seditious, liable to incite hatred, discriminatory, blasphemous, in breach of confidence or privacy, or otherwise illegal or inappropriate;
  • you do not have the legal right to use;
  • constitutes or encourages conduct that would constitute a criminal or civil offense or give rise to criminal or civil liability; or
  • could harm the Website or IDSeal’s network or systems (such as computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).

4. Links to and from Other Websites

The Website contains links to websites operated by third parties. These links are provided for convenience only. If you use the links, you will leave the Website. IDSeal does not review third-party websites and is not responsible for them. Third-party websites are not covered by these Website Terms of Use, the Privacy Policy, or the Cookie Policy. If you access such third-party websites, you do so at your own risk. In addition, you may link to websites owned or controlled by specific IDSeal affiliates, and use of such websites may be subject to separate terms and conditions and a different privacy policy.

You may link to the Website subject to the following conditions:

  • you comply with these Website Terms of Use;
  • you do not replicate any page of the Website;
  • you do not use, alter, copy or remove any Intellectual Property;
  • you do not state or imply that IDSeal endorses any services other than its own;
  • you do not present incorrect information about IDSeal;
  • your website does not contain content that is distasteful, offensive, or controversial, infringes the rights of any person, or fails to comply with applicable law or the relevant portions of these Website Terms of Use; and
  • if you are an affiliate Independent Business Owner, you adhere to the requirements of your IBO Agreement.

5. Breach

IDSeal may suspend or terminate your access to the Website and take other action against you if you breach these Website Terms of Use. You agree to indemnify IDSeal for any loss or damage suffered by IDSeal or its licensors or affiliated business partners as a result of your use of the Website or breach of these Website Terms of Use. IDSeal cooperates with governmental authorities that direct or request IDSeal to disclose the identity of anyone who uses the Website in a manner that violates applicable law.

6. Disclaimer of Warranties and Limitation of Liability

IDSeal seeks to make the Website available 24 hours a day and to ensure that the information on the Website is accurate and updated; however, IDSeal is not responsible for the availability of the Website and shall not be liable if the Website is unavailable at any time or for any period, or if the information on the Website is incorrect, incomplete, or outdated. Access to the Website may be suspended without notice. IDSeal may make changes to the content of the Website at any time without notice.

IDSEAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR THE CONTENT APPEARING THEREON, WHETHER EXPRESS OR IMPLIED. All content on the Website is provided “as is”. IDSeal and its officers, directors, employees, shareholders, and agents, exclude all liability for any direct or indirect loss or damage that may result to you or a third party from your use of or inability to use the Website or its content or any websites linked to the Website.

7. Change in Terms

Subject to applicable law, IDSeal fully reserves the right to modify, add, eliminate or otherwise change (collectively, “Change”) any portion of these Website Terms of Use without direct, individual notice to you. Notwithstanding the foregoing, IDSeal will endeavor to provide timely notice of any Change on the Website. Any Change may be made effective at IDSeal’s election upon the implementation date, the date IDSeal posts notice of the Change on the Website, or prospectively to a date chosen and specified by IDSeal. Subject to these Website Terms of Use, by continuing to access or use the Website after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to discontinue your use of the Website.

8. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THE FOLLOWING DISPUTE RESOLUTION PROVISIONS CAREFULLY, AS THESE PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.

A. Dispute Resolution Generally
By accessing or using the Website, you agree to be bound by the Dispute Resolution Provisions set forth in Sections 8(B) through 8(H) below. If either (i) IDSeal or any of its owners, officers, directors, employees, representatives or agents (for purposes of this Article 8, individually or collectively, “IDSeal”), or (ii) you has any legal claim or dispute against the other, including, but not limited to, those arising from or in connection with, or otherwise relating to, your access to or use of the Website, these Website Terms of Use, the Policies, or any action or omission by IDSeal with respect to the foregoing (each, a “Dispute”), then the party initiating the Dispute must first try to contact the other to resolve the Dispute informally in good faith. IDSeal will attempt to contact you by using any contact information provided by you to us; however, in the event you have not provided any such information, IDSeal is obligated only to make commercially reasonable efforts to contact you. To contact IDSeal, you must write to IDSeal at IDSeal, LLC, Attn: Legal Department, 1000 Progress Place, Concord, NC 28025, or by email at legal@idseal.com, which correspondence must include a physical mailing address for future correspondence with you. Notwithstanding anything to the contrary contained in Sections 8(B) through 8(H) below, you and IDSeal each acknowledge and agree that in the event the dispute resolution provisions contained in the Terms (the “Member Dispute Provisions”) are applicable to the relevant Dispute, and there is a conflict between the Dispute Resolution Provisions below and those contained in the Member Dispute Provisions, then the Member Dispute Provisions shall govern and control.

B. Arbitration
a. All Disputes (in any case, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory), to the extent not prohibited by applicable law, shall be resolved by final and binding arbitration, pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) (available at the following address: https://www.adr.org/sites/default/files/Commercial%20Rules.pdf) or other applicable AAA rules, as in effect at the time of the arbitration and as modified herein. You may contact the AAA in writing at one of its locations (e.g., The Rotunda, 4201 Congress Street, Suite 125, Charlotte, NC 28209). You may also obtain additional information about the AAA and its procedures from the AAA’s website, at www.adr.org. Notwithstanding the foregoing in this subsection 8(B)(a), either you or IDSeal may bring an individual action against the other party in small claims court (or comparable court of competent jurisdiction) so long as the only parties to that action are you and IDSeal and the total value of the claims made in the action is less than the claim limit applicable in the jurisdiction in which the claim is filed. Following the contact required in Section 8(A) above and prior to commencing an arbitration proceeding with the AAA, a party seeking to arbitrate any Dispute must send to the other party, via certified mail, a written Notice of Dispute (“Notice”). The Notice to you must be sent by IDSeal to the physical address provided in your initial contact pursuant to Section 8(A) above or, if you failed to provide a physical address, then you agree to accept Notice via email. The Notice to IDSeal must be addressed to IDSeal, LLC, Attn: Legal Department, 1000 Progress Place, Concord, NC 28025. The Notice must (i) describe the nature and basis of the claim or Dispute; and (ii) describe the specific relief sought. You and IDSeal each expressly agree to attempt to resolve any Dispute by first sending (or making reasonable efforts to send) the Notice to the other party prior to initiating or commencing an arbitration proceeding with the AAA.

b. If a Dispute is not satisfactorily resolved within sixty (60) days after the Notice is sent, either party may then commence an arbitration proceeding with the AAA.

c. If the amount involved in the Dispute is less than $20,000, the arbitration will be conducted, at your election, (i) in person in the jurisdiction in which your primary residence is located, or (ii) by telephonic hearing. If the amount in Dispute is $20,000 or more, the arbitration will be conducted in Charlotte, North Carolina (unless prohibited by applicable law, in which case the arbitration will be conducted in person in the jurisdiction in which your primary residence is located). Each of you and IDSeal has the right to be represented by an attorney in any arbitration.

d. The number of arbitrators shall be mutually agreed upon by the parties; provided, however, that in event the parties cannot agree on the number of arbitrators, the AAA Rules will control. In all cases, the award of the arbitrator(s) shall be accompanied by a reasoned opinion. Punitive or exemplary damages shall be allowed only to the extent the remedy is expressly available under Applicable Law. Discovery shall consist of interrogatories, document requests, and no more than five depositions of seven hours or less each, per side; provided, however, that the arbitrator(s) may award additional discovery upon motion by either party and a showing of need and/or the inability to pursue or defend claims absent additional discovery.

e. The party initiating the arbitration must pay the applicable AAA filing fee when submitting its written request for arbitration to the AAA. Unless otherwise provided for in the AAA Rules, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between the parties.

f. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production, and evidence presentation. The arbitrator(s) shall have the authority to award the same damages and other relief that would have been available to the parties as individual claimants in court.

g. Any award may be confirmed and enforced in any court of competent jurisdiction. The arbitration will be confidential, and neither you nor IDSeal may disclose the existence, content, or results of the arbitration, except as necessary to conduct the proceedings, to confirm and enforce the award, to its own legal or financial advisors, by agreement, or as may be required by applicable law.

C. CLASS ARBITRATION WAIVER
EACH DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. NO CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATIONS ARE PERMITTED EVEN IF ALLOWED UNDER THE APPLICABLE AAA RULES. EACH PARTY AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING (“CLASS ARBITRATION WAIVER”). EACH OF YOU AND IDSEAL ACKNOWLEDGE THAT THE CLASS ARBITRATION WAIVER IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTE. THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, SUCH THAT CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATION IS ALLOWED, THEN THE ENTIRETY OF SECTIONS 8(B) ABOVE AND 8(F) BELOW (BUT ONLY SECTIONS 8(B) ABOVE AND 8(F) BELOW) SHALL BE NULL AND VOID, AND IF A PARTY CHOOSES TO PROCEED WITH ITS CLAIM IT MUST DO SO IN COURT PURSUANT TO SECTIONS 8(D) AND 8(E) AND ARTICLE 9 BELOW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS, THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, AND VALIDITY OF THE CLASS ARBITRATION WAIVER AND ANY ATTENDANT QUESTION OR DISPUTE REGARDING THE VOIDANCE OF THE ARBITRATION PROVISIONS SET FORTH IN SECTION 8(B) ABOVE, SHALL IN EACH CASE BE DECIDED ONLY BY A COURT AND NOT BY AN ARBITRATOR.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS TO THE CONTRARY, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, COLLECTIVE, REPRESENTATIVE, GROUP, OR APPLICABLE PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR PRAYERS FOR RELIEF, MAY BE MAINTAINED IN ANY ARBITRATION HELD PURSUANT TO THESE DISPUTE RESOLUTION PROVISIONS.

D. CLASS ACTION WAIVER
IN THE EVENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF YOU AND IDSEAL AGREE THAT SUCH DISPUTE WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING.

E. JURY TRIAL WAIVER
TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF YOU AND IDSEAL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

F. Delegation to Arbitrator
Except as provided in Section 8(C) above, you and IDSeal acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable.

G. Severability
If any provision contained in these Dispute Resolution Provisions is deemed invalid or unenforceable, such provision shall be modified automatically to the minimum extent necessary to render the parties’ agreement to arbitrate valid and enforceable. If a provision conflicts with a mandatory provision of applicable law, the conflicting provision shall be severed automatically and the remainder construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder shall not be affected.

H. Termination and Survival
These Dispute Resolution Provisions shall remain in effect even after the expiration or termination of your use of the Website.

9. GOVERNING LAW AND JURISDICTION

These Website Terms of Use, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the law of the State of North Carolina, without regard to its choice of law rules. Notwithstanding the foregoing, each of you and IDSeal acknowledge and agree that the relationship between you is an interstate commerce transaction and, accordingly, the Dispute Resolution Provisions set forth in Article 8 above, and the interpretation and the enforceability of the Dispute Resolution Provisions, are and shall be governed by the Federal Arbitration Act, notwithstanding any other law to the contrary, and no state law shall apply if, and to the extent such state law is preempted, by the Federal Arbitration Act. Subject to the foregoing, the substantive law of the State of North Carolina shall govern the substance of any Dispute arbitrated under the Dispute Resolution Provisions. Further, any court proceedings between you and IDSeal shall be governed by the laws of the State of North Carolina, without regard to its choice of law rules, and such proceedings shall take place in North Carolina; provided, however, that if you bring a small claims action as permitted in subsection 8(B)(b) above, you may do so in the jurisdiction of your primary residence. Subject to the arbitration requirements contained in Section 8(B) above, for any court action brought in a jurisdiction consistent with the foregoing sentence, each of you and IDSeal agree to submit to the personal and exclusive jurisdiction of such court and waive any objection as to venue or inconvenient forum.

10. Waiver and Severability

No waiver by us of any term or condition set out in these Website Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Website Terms of Use shall not constitute a waiver of such right or provision. Except as provided in Section 8(G) above, which shall control for purposes of Section 8, if any provision of these Website Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

11. MISCELLANEOUS

You will not assign these Application Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of IDSeal, which consent may be withheld in IDSeal’s sole discretion. Any purported assignment or delegation by you without the appropriate prior written consent of IDSeal will be null and void. IDSeal may assign these Application Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify these Application Terms of Use. Except for the indemnification provisions set forth above, these Application Terms of Use do not confer any third-party beneficiary rights.

Version 1.2
Issue Date: March 1, 2019
Copyright © 2019 IDSeal, LLC
All Rights Reserved

IDSEALSM Mobile Application Terms of Use

These IDSEAL Mobile Application Terms of Use (these “Application Terms of Use”) constitute a legally binding agreement between “you”, meaning the person downloading or using any version of the IDSeal Mobile Application (the “Application”), and IDSeal, LLC, its successors and assigns (“IDSeal”, “we”, or “us”).

Please read these Application Terms of Use before using the Application. By using the Application, you acknowledge, accept and agree to all provisions set forth in these Application Terms of Use, regardless of whether you purchase any service or product from IDSeal, and you also agree to the terms and conditions contained in the IDSeal Privacy Policy (the “Privacy Policy”), which describes how we collect and process personal and non-personal information when you use the Application and IDSeal’s website (collectively, the “Sites”), and the IDSeal Cookie Policy (together with the Privacy Policy, the “Policies”), which describes how we may use cookies on the Sites. If you purchase services from IDSeal, additional terms and conditions apply, including the IDSeal Terms & Conditions (the “Terms”), and these Application Terms of Use are subject to such Terms.

Without limiting the foregoing, by accessing and using the Application you specifically acknowledge and agree to the following:

  • YOU AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND IDSEAL ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE APPLICATION OR THESE APPLICATION TERMS OF USE PURSUANT TO THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN ARTICLE 9 BELOW “DISPUTE RESOLUTION PROVISIONS”; AND
  • YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS, WHICH PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.

1. Acceptance of Terms; Amendments

By downloading, accessing or using the Application, including without limitation using any of the features, benefits or services provided through the Application (collectively, the “Application Services”), you agree to be bound by (i) these Application Terms of Use, and (ii) the terms and conditions contained in the Policies, all of which should be read together with these Application Terms of Use. Additional details about your use of IDSeal’s website (the “Website”) can be found in the IDSeal Website Terms of Use. If you disagree with any of these Application Terms of Use or anything contained in the Policies, you must immediately discontinue your access to and use of the Application. Continued use of the Application will constitute acceptance of these Application Terms of Use and the Policies, as may be amended.

Subject only to Article 11 below, we reserve the right to amend all, or any portion of these Application Terms of Use at any time. You should check these Application Terms of Use regularly to review the current version.

2. License and Conditions

IDSeal grants you a limited, royalty-free, non-exclusive license to access and make use of the Application. As a condition of such license, you acknowledge and agree that:

  • all intellectual property appearing on the Application or as part of the Application Services, including without limitation names, logos, trademarks, and copyrighted material (collectively, “Intellectual Property”) is owned by IDSeal, its licensors, or affiliated business partners, and the limited license granted by these Application Terms of Use does not convey any ownership or other rights in the Intellectual Property;
  • you will not download (except as required to access and make use of the Application and Application Services), reproduce, modify, copy, resell, or use for any commercial or non-commercial purpose any (i) Intellectual Property; (ii) service listings, descriptions, or price lists; or (iii) other content appearing on the Application;
  • you will not reproduce or store any part of the Application or its content in or on another application or website; and
  • you will not alter the Application or any of its content.

Any rights not expressly granted in these Application Terms of Use are expressly reserved to IDSeal.

3. User Information

Use of Application; Application Account. Other than Personal Information, as defined in the Terms and further described in the Privacy Policy, and subject to those documents, any information that you transmit or post to or through the Application is considered non-confidential. IDSeal shall have no obligations with respect to such information and is free to use it for any purpose.

You may not post on or transmit to or from the Application any material that:

  • is threatening or abusive, defamatory or scandalous, obscene or pornographic, seditious, liable to incite hatred, discriminatory, blasphemous, in breach of confidence or privacy, or otherwise illegal or inappropriate;
  • you do not have the legal right to use;
  • constitutes or encourages conduct that would constitute a criminal or civil offense or give rise to criminal or civil liability; or
  • could harm the network or systems of IDSeal or any of its Providers (as defined in the Terms) (such as computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).

You represent and warrant that all information provided by you to IDSeal through the Application, including without limitation any Personal Information provided during the process of creating your Application account (“Application Account”) (collectively, “User Information”), is provided and will be maintained in accordance with the Terms. You are solely responsible for maintaining the confidentiality of your Application username and password, and for all activity that occurs through your Application Account and under your username and password. You further agree to notify IDSeal immediately of any unauthorized use of your Application Account or User Information.

4. Breach

BIDSeal may suspend or terminate your access to the Application and take other action against you if you breach these Application Terms of Use. You agree to indemnify IDSeal for any loss or damage suffered by IDSeal, its parents, subsidiaries, affiliates, data and service providers, suppliers, resellers and business partners, and each of their respective owners, officers, directors, agents, contractors, employees, consultants, suppliers and resellers (collectively, the “IDSeal Parties”) as a result of your use of the Application or breach of these Application Terms of Use. IDSeal cooperates with governmental authorities that direct or request IDSeal to disclose the identity of anyone who uses the Application in a manner that violates applicable law.

5. Indemnity

You hereby agree to indemnify, defend and hold harmless the IDSeal Parties from any and all third party suits, claims or demands and associated liabilities, costs, damages and expenses (including, but not limited to, attorneys’ fees, expert fees and court costs) arising from or in connection with (i) your access or use of your Application Account, any other party’s Application Account, the Application, or any of the Application Services; (ii) any other party’s access or use of (a) your Application Account, or (b) the Application or any of the Application Services using your Application Account or User Information; and (iii) any breach by you of these Application Terms of Use.

6. Equipment and Networks

The provision of the Application and the Application Services does not include the provision of a mobile telephone or handheld device, internet access, data, or other necessary equipment or services to access the Application or utilize the Application Services. You acknowledge that the terms of any agreement(s) between you and your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider or other third parties for access to network connection, data, or other services while accessing the Application, and you accept responsibility for any such charges that arise. If you are not the named account holder for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the named account holder for using the Application. Subject to applicable law and the Terms, you agree to receive pre-programmed notifications or alerts on or through the Application if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).

7. Links to and from Websites

The Application may contain links to websites operated by third parties. These links are provided for convenience only. If you use the links, you will leave the Application. IDSeal does not review third party websites and is not responsible for them. Third party websites are not covered by these Application Terms of Use or the Policies. If you access such third party websites, you do so at your own risk. In addition, you may link to websites owned or controlled by specific IDSeal affiliates, and use of such websites may be subject to separate terms and conditions and a different privacy policy.

8. Disclaimer of Warranties and Limitation of Liability

IDSeal seeks to make the Application available 24 hours a day and to ensure that the information on the Application is accurate and updated; however, IDSeal is not responsible for the availability of the Application or any Application Services, and shall not be liable if the Application is unavailable at any time or for any period, or if the information on the Application is incorrect, incomplete, or outdated. Access to the Application may be suspended without notice. IDSeal may make changes to the content of the Application at any time without notice.

IDSEAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR THE CONTENT APPEARING THEREON, WHETHER EXPRESS OR IMPLIED. All content on the Application is provided “as is”. To the fullest extent permitted under applicable law, IDSeal and its owners, officers, directors, agents, contractors, employees, consultants, suppliers and resellers exclude all liability for any direct or indirect loss or damage that may result to you or a third party from your use of or inability to use the Application or its content, any of the Application Services, or any websites linked to the Application.

9. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THE FOLLOWING DISPUTE RESOLUTION PROVISIONS CAREFULLY, AS THESE PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.

A. Dispute Resolution Generally
By accessing or using the Application, you agree to be bound by the Dispute Resolution Provisions set forth in Sections 9(B) through 9(H) below. If either (i) IDSeal or any of its owners, officers, directors, employees, representatives or agents (for purposes of this Article 9, individually or collectively, “IDSeal”), or (ii) you has any legal claim or dispute against the other, including, but not limited to, those arising from or in connection with, or otherwise relating to, your access to or use of the Application or the Application Services, these Application Terms of Use, the Policies, or any action or inaction by IDSeal with respect to the foregoing (each, a “Dispute”), then the party initiating the Dispute must first try to contact the other to resolve the Dispute informally in good faith. IDSeal will attempt to contact you by using any contact information provided by you to us; however, in the event you have not provided any such information, IDSeal is obligated only to make commercially reasonable efforts to contact you. To contact IDSeal, you must write to IDSeal at IDSeal, LLC, Attn: Legal Department, 1000 Progress Place, Concord, NC 28025, or by email at legal@idseal.com, which correspondence must include a physical mailing address for future correspondence with you. Notwithstanding anything to the contrary contained in Sections 9(B) through 9(H) below, you and IDSeal each acknowledge and agree that in the event the dispute resolution provisions contained in the Terms (the “Member Dispute Provisions”) are applicable to the relevant Dispute, and there is a conflict between the Dispute Resolution Provisions below and those contained in the Member Dispute Provisions, then the Member Dispute Provisions shall govern and control.

B. Arbitration
a. All Disputes (in any case, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory), to the extent not prohibited by applicable law, shall be resolved by final and binding arbitration, pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) (available at the following address: https://www.adr.org/sites/default/files/Commercial%20Rules.pdf) or other applicable AAA rules, as in effect at the time of the arbitration and as modified herein. You may contact the AAA in writing at one of its locations (e.g., The Rotunda, 4201 Congress Street, Suite 125, Charlotte, NC 28209). You may also obtain additional information about the AAA and its procedures from the AAA’s website, at www.adr.org. Notwithstanding the foregoing in this subsection 9(B)(a), either you or IDSeal may bring an individual action against the other party in small claims court (or comparable court of competent jurisdiction) so long as the only parties to that action are you and IDSeal and the total value of the claims made in the action is less than the claim limit applicable in the jurisdiction in which the claim is filed. Following the contact required in Section 9(A) above and prior to commencing an arbitration proceeding with the AAA, a party seeking to arbitrate any Dispute must send to the other party, via certified mail, a written Notice of Dispute (“Notice”). The Notice to you must be sent by IDSeal to the physical address provided in your initial contact pursuant to Section 9(A) above or, if you failed to provide a physical address, then you agree to accept Notice via email. The Notice to IDSeal must be addressed to IDSeal, LLC, Attn: Legal Department, 1000 Progress Place, Concord, NC 28025. The Notice must (i) describe the nature and basis of the claim or Dispute; and (ii) describe the specific relief sought. You and IDSeal each expressly agree to attempt to resolve any Dispute by first sending (or making reasonable efforts to send) the Notice to the other party prior to initiating or commencing an arbitration proceeding with the AAA.

b. If a Dispute is not satisfactorily resolved within sixty (60) days after the Notice is sent, either party may then commence an arbitration proceeding with the AAA.

c. If the amount involved in the Dispute is less than $20,000, the arbitration will be conducted, at your election, (i) in person in the jurisdiction in which your primary residence is located, or (ii) by telephonic hearing. If the amount in Dispute is $20,000 or more, the arbitration will be conducted in Charlotte, North Carolina (unless prohibited by applicable law, in which case the arbitration will be conducted in person in the jurisdiction in which your primary residence is located). Each of you and IDSeal has the right to be represented by an attorney in any arbitration.

d. The number of arbitrators shall be mutually agreed upon by the parties; provided, however, that in event the parties cannot agree on the number of arbitrators, the AAA Rules will control. In all cases, the award of the arbitrator(s) shall be accompanied by a reasoned opinion. Punitive or exemplary damages shall be allowed only to the extent the remedy is expressly available under Applicable Law. Discovery shall consist of interrogatories, document requests, and no more than five depositions of seven hours or less each, per side; provided, however, that the arbitrator(s) may award additional discovery upon motion by either party and a showing of need and/or the inability to pursue or defend claims absent additional discovery.

e. The party initiating the arbitration must pay the applicable AAA filing fee when submitting its written request for arbitration to the AAA. Unless otherwise provided for in the AAA Rules, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between the parties.

f. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production, and evidence presentation. The arbitrator(s) shall have the authority to award the same damages and other relief that would have been available to the parties as individual claimants in court.

g. Any award may be confirmed and enforced in any court of competent jurisdiction. The arbitration will be confidential, and neither you nor IDSeal may disclose the existence, content, or results of the arbitration, except as necessary to conduct the proceedings, to confirm and enforce the award, to its own legal or financial advisors, by agreement, or as may be required by applicable law.

C. CLASS ARBITRATION WAIVER
EACH DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. NO CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATIONS ARE PERMITTED EVEN IF ALLOWED UNDER THE APPLICABLE AAA RULES. EACH PARTY AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING (“CLASS ARBITRATION WAIVER”). EACH OF YOU AND IDSEAL ACKNOWLEDGE THAT THE CLASS ARBITRATION WAIVER IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTE. THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, SUCH THAT CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATION IS ALLOWED, THEN THE ENTIRETY OF SECTIONS 9(B) ABOVE AND 9(F) BELOW (BUT ONLY SECTIONS 9(B) ABOVE AND 9(F) BELOW) SHALL BE NULL AND VOID, AND IF A PARTY CHOOSES TO PROCEED WITH ITS CLAIM IT MUST DO SO IN COURT PURSUANT TO SECTIONS 9(D) AND 9(E) AND ARTICLE 10 BELOW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS, THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, AND VALIDITY OF THE CLASS ARBITRATION WAIVER AND ANY ATTENDANT QUESTION OR DISPUTE REGARDING THE VOIDANCE OF THE ARBITRATION PROVISIONS SET FORTH IN SECTION 9(B) ABOVE, SHALL IN EACH CASE BE DECIDED ONLY BY A COURT AND NOT BY AN ARBITRATOR.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS TO THE CONTRARY, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, COLLECTIVE, REPRESENTATIVE, GROUP, OR APPLICABLE PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR PRAYERS FOR RELIEF, MAY BE MAINTAINED IN ANY ARBITRATION HELD PURSUANT TO THESE DISPUTE RESOLUTION PROVISIONS.

D. CLASS ACTION WAIVER
IN THE EVENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF YOU AND IDSEAL AGREE THAT SUCH DISPUTE WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING.

E. JURY TRIAL WAIVER
TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF YOU AND IDSEAL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

F. Delegation to Arbitrator
Except as provided in Section 9(C) above, you and IDSeal acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable.

G. Severability
If any provision contained in these Dispute Resolution Provisions is deemed invalid or unenforceable, such provision shall be modified automatically to the minimum extent necessary to render the parties’ agreement to arbitrate valid and enforceable. If a provision conflicts with a mandatory provision of applicable law, the conflicting provision shall be severed automatically and the remainder construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder shall not be affected.

H. Termination and Survival
These Dispute Resolution Provisions shall remain in effect even after the expiration or termination of your use of the Website.

10. GOVERNING LAW AND JURISDICTION

These Application Terms of Use, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the law of the State of North Carolina, without regard to its choice of law rules. Notwithstanding the foregoing, each of you and IDSeal acknowledge and agree that the relationship between you is an interstate commerce transaction and, accordingly, the Dispute Resolution Provisions set forth in Article 9 above, and the interpretation and the enforceability of the Dispute Resolution Provisions, are and shall be governed by the Federal Arbitration Act, notwithstanding any other law to the contrary, and no state law shall apply if, and to the extent such state law is preempted, by the Federal Arbitration Act. Subject to the foregoing, the substantive law of the State of North Carolina shall govern the substance of any Dispute arbitrated under the Dispute Resolution Provisions. Further, any court proceedings between you and IDSeal shall be governed by the laws of the State of North Carolina, without regard to its choice of law rules, and such proceedings shall take place in North Carolina; provided, however, that if you bring a small claims action as permitted in subsection 9(B)(b) above, you may do so in the jurisdiction of your primary residence. Subject to the arbitration requirements contained in Section 9(B) above, for any court action brought in a jurisdiction consistent with the foregoing sentence, each of you and IDSeal agree to submit to the personal and exclusive jurisdiction of such court and waive any objection as to venue or inconvenient forum.

11. CHANGE IN TERMS

Subject to applicable law, IDSeal fully reserves the right to modify, add, eliminate or otherwise change (collectively, “Change”) any portion of these Application Terms of Use without direct, individual notice to you. Notwithstanding the foregoing, IDSeal will endeavor to provide timely notice of any Change on the Website and/or the Application. Any Change may be made effective at IDSeal’s election upon the implementation date, the date IDSeal posts notice of the Change, or prospectively to a date chosen and specified by IDSeal. Subject to these Application Terms of Use, by continuing to access or use the Application after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to discontinue your use of the Application.

12. WAIVER AND SEVERABILITY

No waiver by us of any term or condition set out in these Application Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Application Terms of Use shall not constitute a waiver of such right or provision. Except as provided in Section 9(G) above, which shall control for purposes of Section 9, if any provision of these Application Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Application Terms of Use will continue in full force and effect.

13. INCIDENT REPORTING

Any complaints regarding the violation of these Application Terms of Use should be directed to the designated agent listed below. Where possible, include details that would assist IDSeal in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

IDSeal, LLC
Attn: Data Protection Officer
1000 Progress Place
Concord, NC 28025
email: dataprotection@idseal.com
Telephone: 1-888-325-5865 (Monday through Friday, 10am – 7pm EST)

14. MISCELLANEOUS

You will not assign these Application Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of IDSeal, which consent may be withheld in IDSeal’s sole discretion. Any purported assignment or delegation by you without the appropriate prior written consent of IDSeal will be null and void. IDSeal may assign these Application Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify these Application Terms of Use. Except for the indemnification provisions set forth above, these Application Terms of Use do not confer any third-party beneficiary rights. You must contact IDSeal concerning any defects or performance issues with respect to the Application, and not any third party on whose platform this Application may be distributed.

15. APPLE STORE TERMS

IDSeal shall be solely responsible for providing any maintenance and support services with respect to the Application, as specified herein. You and IDSeal acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

IDSeal shall be solely responsible for any product warranties, whether express or implied by applicable law, to the extent not disclaimed in these Application Terms of Use, and in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

You acknowledge and agree that Apple shall not be responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the Application or your possession and use of Application infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.You must comply with applicable third party terms of agreement when using the Application.You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Application Terms of Use, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

Version 1.2
Issue Date: March 1, 2019
Copyright © 2019 IDSeal, LLC
All Rights Reserved

1It is not possible to prevent all identity theft or cybercrime, or to effectively monitor all activity on the internet. IDSeal cannot and does not guarantee complete protection against cybercrime or identity theft. IDSeal does not monitor the activities of all financial institutions, or all activities of any particular financial institution. Review the IDSeal Terms & Conditions for specific details regarding IDSeal services.

2The Identity Theft Insurance is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company under group or blanket policy(ies). The description provided in the Summary of Benefits is a summary and intended for informational purposes only and does not include all terms, conditions and exclusions of the policies described. Please refer to the actual policies for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions. Review the Summary of Benefits.

3Monthly recurring pricing shown excludes applicable sales tax. By enrolling as an IDSeal member under any plan, you authorize IDSeal to charge your payment method (credit/debit card) on a recurring basis for the fees associated with your membership plan. Review the IDSeal Terms & Conditions for important information regarding your membership, including your membership term, monthly fees, and your right to cancel; and review the IDSeal Privacy Policy for information regarding how IDSeal collects and processes your information.

4The credit scores provided are VantageScore 3.0 credit scores based on data from Equifax®, Experian® and TransUnion®. Any one bureau VantageScore mentioned is based on Experian data only. Please see the IDSeal Terms & Conditions for more information on credit scores.