TERMS OF SERVICE
Effective Date: [July 3, 2016]
Please carefully read the following Terms of Service and Disclaimer before using the IDTrue.com website. By using our website, you agree to these Terms of Service. If you do not agree to these Terms of Service, you may not use this site. ID True ("IDTrue.com") reserves the right, at any time, to modify, alter or update these Terms of Service, and you agree to be bound by such modifications, alterations or updates. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older.
ID TRUE IS NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
Restrictions on Use
You agree that you will not (i) copy, display or distribute any part of the website, in any medium, in any way other than as described in these Terms without IDTrue.com's prior written consent, or (ii) use the Service in whole or part, or any benefit thereof, for any illegal purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the website, or to manipulate the website or the Service, or otherwise exceed the limited access granted to you by IDTrue.com. You shall only access the IDTrue.com Service through a personal web browser or mobile device via your personal IP address. You will take no action to interfere with, interrupt, destroy or limit the functionality of the website or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component, or (iii) resell any data from IDTrue.com or use the IDTrue.com Service for commercial distribution collection or use.
ID True reserves the right to users If you violate Restrictions of Use, you waive your rights to the mutual arbitration clause, and
As a user of the ID True service, you may not use our search or background check website to qualify anyone for any of the following services:
Health insurance or any other insurance
Credit and/or loans
Education, scholarships or fellowships
Housing or other accommodations
Benefits, privileges or services provided by any business establishment
License to use our website
IDTrue.com grants you a non-exclusive, non-transferable, limited and royalty free license to access and use the website and view the content thereon solely for the purposes described in these Terms. IDTrue.com reserves the right to terminate the aforesaid license at any time and for any reason with or without notice to you. Except for allowing you to use the website and Services for your use as set forth in this paragraph, when you use the website or Service, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of IDTrue.com. You understand that you have no rights to the Service, the IDTrue.com Marks or any other IDTrue.com property except as we indicate in these Terms. All content included in our website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of IDTrue.com or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on IDTrue.com is the exclusive property of IDTrue.com and protected by U.S. and international copyright laws. All software use on IDTrue.com is the property of IDTrue.com or its software suppliers and protected by U.S. and international copyright laws.
Service "AS-IS" Disclaimer
The information, services, products offered for sale and materials contained in and/or advertised on IDTrue.com, including, without limitation, text, graphics and links, are provided on an "AS-IS" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDTrue.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, IDTrue.com and its suppliers do not represent or warrant that the information accessible via IDTrue.com is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
3rd Party Data Vendors
THE VENDORS DATA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IDTrue.com AND ITS DATA VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DATA AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, ID True AND ITS DATA VENDORS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA VENDORS AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE DATA. You shall indemnify, defend, and hold harmless ID True and its data providers, from and against any and all liabilities, damages, losses, claims, costs, fees, and expenses (including but not limited to reasonable attorney and expert witness fees and expenses) arising out of or related to your use of the 3rd Party Data obtained from IDTrue. You acknowledge and agree that ID True's data providers are a third party beneficiary of the provisions of this section, with right of enforcement.
Account Billing and Cancellation
Account holders who use of the ID True service, and the associated ID True License agree to pay the all fees for an account. ID True membership subscriptions are billed monthly at the cost indicated on the order billing page. As long as your account remains active, your monthly subscription fees will be billed the same amount on the monthly anniversary date of your account creation, and such fees will be charged in advance. You must call to cancel your monthly subscription during our Customer Support hours of operation, and you will not be billed further. You can find the hours of operation listed at https://www.idtrue.com/support
- ID True subscriptions are billed on a monthly basis at the cost indicated on the order billing page. Abbreviated Terms of Service details are displayed under "Terms of Service" adjacent to the billing form.
- You acknowledge and agree that ID True will not obtain additional authorization from you for each installment of the subscription fees charged to your credit card. Every time you use our website and services, you re-affirm that ID True is authorized to charge your credit card.
- Fees will appear on your credit card statement as “IDTRUE” or "WWW.IDTRUE.COM". You shall be responsible for paying any and all applicable sales tax (if any) due to any and all taxing authorities arising from, or in connection with your account services. All fees are in US dollars.
- Failure to use the ID True service does not constitute a basis for refusing to pay any of the associated fees. You may cancel your account at any time by calling our Customer Support Team under the "Support" link at the top of www.idtrue.com.
- You shall not receive any pro-rata refund for partial months, and we will not refund any amounts previously paid up to the date of cancellation or termination. Please have your e-mail address and other Registration Data available for efficient processing of your cancellation order. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with ID True.
All trademarks, logos, service marks and trade names are proprietary to IDTrue.com or other respective owners that have granted IDTrue.com the right and license to use such intellectual property.
By submitting content in any form to the Site, for instance, in the form of a testimonial, comment, or picture, ("User Content"), you grant to IDTrue.com and its licensees and successors in business a perpetual, worldwide, royalty-free, fully-paid and non-exclusive license to reproduce, publish, perform, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content (at IDTrue.com's sole discretion) for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the User Content without your prior approval or the payment of any compensation.
ID True's Electronic Communications to You
You agree that IDTrue.com is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, our website or our products or services, or for such other lawful purpose(s) as IDTrue.com deems appropriate.
Links to Other Web Sites
IDTrue.com may contain links to websites other than our own. IDTrue.com does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. IDTrue.com does not control the content of these sites and takes no responsibility for their content, nor should it be implied that IDTrue.com endorses or otherwise recommends such sites or the products or services offered.
Limitation of Liability
IN NO EVENT SHALL ID True OR ANY OF ITS AFFILIATED ENTITIES OR VENDORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ID True BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
These Terms of Service will be governed by California law except for its conflicts of laws principles.
In using this Site and/or purchasing IDTrue.com's Products, users expressly waive any and all claims that they may have against IDTrue.com. You agree to indemnify, defend, and hold harmless IDTrue.com and its affiliates, successors and assigns, together with all of their officers, directors, shareholders, members, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.
Arbitration, Disputes & Resolution
Customer Service. We want to address your concerns without needing a formal legal case. Before filing a claim against ID True, you agree to try to resolve the dispute informally by contacting us customer-dispute (at) idtrue.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or ID True may bring a formal proceeding.
Mutual Arbitration. You and ID True agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States in Los Angeles, CA.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. ID True will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or ID True may assert claims, if they qualify, in small claims court. ID True may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, violation to the Restrictions of Use, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and ID True agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, CA. Both you and ID True consent to venue and personal jurisdiction there.
IDTrue.com may terminate these Terms at any time without notice, or suspend or terminate your access and use of the Site and/or Products at any time, with or without cause, in IDTrue.com's sole discretion. In the event of termination, the intellectual property, disclaimers, and limitations of liability provisions set forth in these Terms will survive.
These Terms and policies incorporated herein, are the entire agreement between you and IDTrue.com. They supersede any and all prior or contemporaneous agreements between you and IDTrue.com relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of IDTrue.com to partially or fully exercise any rights or the waiver by us of any breach of these Terms by you, shall not prevent a subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.