Identity Force Website Terms of Service

(last revised March 10th, 2009)

Welcome to Identity Force!

Identity Force ("IDF," "we," or "us") provides the Identity Theft Protection, Compliance and Data Breach Program and related websites and related services (the "Service") on the following terms and conditions.

1.       ACCEPTANCE OF TERMS

The Service is made available to you subject to the following Terms of Service, which we may update from time to time without prior notice to you. You can review the most current version of the Terms of Service at any time at: www.identityforce.com/mpp. In these Terms of Service, "you" and its variants refer to you on your own behalf and on behalf of your employer.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE ARE A LEGAL AGREEMENT BETWEEN YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR EMPLOYER, AND IDF.  BY CLICKING "ACCEPT" BELOW AND/OR BY USING THE SERVICE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, AND THAT YOU ARE AUTHORIZED TO BIND YOUR EMPLOYER.

If you do not agree to these Terms of Service, or if you have not been authorized to agree to these Terms of Service on behalf of your employer, you are not authorized to access the Service, and you must leave this site and discontinue use of the Service immediately.

2.       DESCRIPTION OF THE SERVICE

IDF has created the Service to provide users with access to a rich collection of tools and resources that are intended to help you stop identity theft, comply with certain information privacy and security regulations and prevent a data breach. The Service is currently accessible through the medium and/or devices that are compatible with the website.

The Service may consist of Certified Business Standards that you must attest to, an online security questionnaire and training that you must complete, and if applicable, electronic vulnerability scanning of your IP addresses.

The Service may also include certain communications from IDF, such as service announcements, administrative messages, and newsletters. These communications are considered part of the Service and you will not be able to opt out of receiving them.

Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new functionality, sites, or properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided AS IS and that IDF cannot and does not guarantee that the Service will work perfectly or cannot be circumvented, and IDF assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications, or personalization settings.

You are responsible for obtaining access to the Service, including providing and maintaining all equipment necessary to obtain access, and that access may involve third-party fees (such as but not limited to Internet service provider or airtime charges). The Service may include or provide links to content for which an additional fee for access may be charged by IDF or third parties ("Restricted Areas"). You are responsible for those fees. IDF reserves the right to vary the content that is provided through the Service free of charge (the "Free Content", does not guarantee that the Free Content will remain free of charge, and does not guarantee that the Restricted Areas will remain available.

3.       IP SCANNING

If applicable, you acknowledge and understand that provision of the Service will require that IDF scan your IP addresses, URL, domain name, or the source IP Address used to access the service. If applicable, you hereby grant IDF the right to scan the IP addresses, URL, domain name or the source IP address used to access the Service (the "Authorized IP Address(es)").

You acknowledge and understand that scanning Authorized IP Address involves inherent risks, including, without limitation, risks related to system or network performance and availability, and data corruption. You assume full responsibility to backup and/or otherwise protect your data against loss, damage or destruction prior to and during all phases of the Service, and to take appropriate measures to respond to any potential adverse impact of the systems or disruption of service.

You acknowledge that, in conjunction with providing the Services, IDF may make certain "pass" or "fail" determinations regarding your online privacy, security and electronic vulnerability of your Authorized IP address and you agree to use your best efforts to promptly remediate any identified risks.

4.       YOUR REGISTRATION OBLIGATIONS

Registration is required to gain access to the Restricted Areas. The Service contains business-related tools and content that is neither intended nor appropriate for children. Accordingly, you may register for or use the Service only if you are over the age of eighteen.

As a condition of registration, and in consideration of your registration and use of the Service, you represent and certify that you are at least 18 years old. You also agree to: (a) provide true, accurate, current and complete information about yourself and/or your employer and credit card or other payment information as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if IDF has, in its reasonable judgment, grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IDF has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You also represent and warrant that you have obtained all necessary consents, approvals and authorizations to provide the personal information to IDF, that you are not violating any laws, rules or regulations or the rights of any individual or entity, by providing such personal information and that you have the full right, power and authority to grant IDF the right to scan the Authorized IP Address without violating the rights of any third party.

IDF may make information about its Members available to other Members through the Service, including but not limited to through the Peer to Peer Network and other networking services. Member authorizes IDF to share his or her submissions of any and all content and best practices anonymously. By agreeing to these Terms of Service you authorize us to make your information available in this way.

You also agree to respect the privacy of other users. If you obtain contact information for any other user through the Service, you agree to use that contact information only for legitimate business communications and that you will not use information obtained from the Service to send, cause to be sent, or assist in the transmission of, unsolicited commercial messages (known as "spam") to any other users through any medium. You also agree not to provide contact information for other users obtained through the Service to any third party.

5.       PRIVACY POLICY

Registration Data and certain other information about you are subject to the IDF Privacy Policy. For more information, see our full privacy policy at http://www.identityforce.com/Privacy.php. You understand that by using the Service you consent to the collection, use, and disclosure (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by IDF and its affiliates. If you have questions about our privacy practices, please contact us at legal@identityforce.com, using the subject "Privacy Policy."

6.       PASSWORDS AND SECURITY

Users who register with the Service become members of the Identity Force ("Members"). Upon completing the registration process, IDF will issue you a username and password in a format specified by IDF [and which you may change at any time] ("the Password"). If you are a Member but have not received a username or password, please contact us by emailing (jleary@identityforce.com) or by calling us at 877-MYIDFORCE.

You are not authorized to access any Restricted Content unless you have received a password from us. In particular, you may not use another person's password to access the IDF Sites (but you may access Restricted Areas using a password issued to your employer if your employer is a Member and has authorized you to use its password).

You are fully responsible for all activities that occur under your Password or account. You have the responsibility and obligation to protect the confidentiality of the Password at all times. If you disclose the Password to another person or entity, you are authorizing them to manage access to the Service. If you establish a Corporate account or otherwise grant an employee or other individual access to the Service, you are giving that individual permission to use and access your information and data on your behalf. Accordingly, it is your responsibility to ensure that only authorized employees are given access to the Service, and, further, it is your responsibility to terminate an employee's access if that employee is no longer authorized to access and use the Service on your behalf. If you use an account belonging to a corporate Member, you warrant that you are an employee of the Member and that you are authorized by the Member to use the Member's account.

In the event that you know or have a reasonable suspicion of any unauthorized use of your Password or account or any other breach of security, you shall notify IDF immediately by sending an email to memberservices@identityforce.com. If IDF, in its reasonable judgment, has grounds to believe that you have misused or are misusing the Password, IDF may in its discretion require you to change the Password or may suspend or terminate your access to the Service, including Paid Content. IDF cannot and will not be liable for any loss or damage arising from your failure to comply with this section 5. Even if you notify IDF, you will be responsible for any damage caused by the use of your password or breach of security, both before and after the notification.

7.       MEMBER CONDUCT

You agree and warrant that you will access the Service only through the interfaces that we provide, and that you will not violate or attempt to violate the security of the Service, including, without limitation, by:

-         upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

-         interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

-         taking any action that could have the effect of damaging the Service or its security, or interfering with other users' use of the Service, such as by imposing an unreasonable or disproportionately large load on the Service's infrastructure;

-         using any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service;

-         using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, intelligent agents, or other automated tools) to navigate, search, collect, "scrape," or harvest data from the Service;

-         attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Service;

-         accessing data not intended for you or logging into a server or account that you are not authorized to access;

-         attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

-         attempting to interfere with service to any user, host, or network.

In addition, you agree and warrant that you will not:

-         delete or revise any material or other information of any other user or subscriber to the Service;

-         harvest or otherwise collect information about others, including e-mail addresses, without their prior express consent;

-         solicit the Service's members to join outside sites or online sites or organizations; or

-         engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of IDF, exposes IDF or any of its customers or suppliers to any liability or detriment of any type.

You further agree and warrant that you will not use the Service to participate, act, provide, or do anything that is either illegal or inconsistent with these Terms of Service, or that we deem improper. Without limiting the preceding sentence, you agree to not use the Service to:

-         upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, indecent, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

-         impersonate any person or entity, including, but not limited to, an IDF employee, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;

-         forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

-         upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

-         upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

-         upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

-         intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

-         provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or

-         reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

We may restrict, suspend, or terminate your access to the IDF Sites without notice to you if we believe, in our reasonable judgment, that you have violated any law or these Terms of Service.

In addition, violations of system or network security may result in civil or criminal liability. IDF will investigate and work with law enforcement authorities and specialist forensic and network security experts to prosecute users who are involved in such violations.

8.       COMMUNICATIONS USING THE SERVICE

Certain portions of the Service include interactive services, which permit Members to submit information, data, text, documents, software, sound, photographs, graphics, video, messages, tags, or other materials, including best practices ("User Submissions") for publication on the Service or to communicate with each other. You understand and acknowledge that all User Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Submission originated. This means that you, and not IDF, are entirely responsible for all User Submissions that you upload, post, email, transmit or otherwise make available via the Service. IDF does not control the User Submissions and, as such, does not guarantee the accuracy, integrity or quality of such User Submissions. Under no circumstances will IDF be liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred as a result of the use of any User Submissions.

You acknowledge that by using the Service to send electronic communications (including but not limited to email, sending messages, uploading files, and other Internet activities), you will be causing communications to be sent through IDF's computer networks, portions of which are located in the United States and portions of which may be located abroad. As a result, and also as a result of IDF's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

The communications features of the Service may allow you and the people with whom you communicate to save your communications in your accounts located on IDF servers. Whether or not you use this feature, other users may choose to use it to save communications with you in their account on the Service, and IDF may store this information for a limited period of time for its own business and technical purposes. Your agreement to the Terms of Service constitutes your consent to allow IDF to store these communications on its servers.

You acknowledge, consent and agree that IDF may access, preserve and disclose your account information and User Submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any User Submission violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of IDF, its users and the public.

You understand that the technical processing and transmission of the Service, including your User Submissions, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, perpetual, irrevocable, royalty-free, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, create derivative works from, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called "moral rights" in your User Submission against us, our affiliates, and/or our partners. This license applies and extends to any form, medium, or technology now known or later developed.

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to IDF through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) IDF is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) IDF shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) IDF may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of IDF without any obligation of IDF to you; and (f) you are not entitled to any compensation or reimbursement of any kind from IDF under any circumstances.

The Service provides a forum for business networking and interaction, and we require all users to behave with professionalism, respect, and in compliance with all applicable laws. By using the site, you agree that none of your User Submissions will:

¤         infringe on the intellectual property, trade secret, privacy, publicity, or other rights of others;

¤         contain false statements or misrepresentations that could damage IDF or any third party;

¤         include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by IDF in its sole discretion;

¤         be illegal or otherwise objectionable;

¤         include commercial advertisements or solicitations; or

¤         purport to or actually provide legal or professional advice.

Because some portions of the Service are available to the public, we cannot guarantee that any User Submissions, even those that you do not intentionally publish, will remain confidential, nor do we guarantee that User Submissions published in a Restricted Area will be available only to Members.

Although you are solely responsible for the content you provide and we do not have a policy of reviewing or monitoring all User Submissions, IDF reserves the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.

If you believe that any User Submissions appear to violate these Terms of Service, or if you believe any other user is engaged in illegal, harassing, or objectionable behavior, please contact us by e-mailing legal@identityforce.com, using the subject line "Online Compliance."

From time to time IDF will send you notice. Your agreement to this Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

9.       COMPLIANCE

You acknowledge and agree that your use of the Service does not guarantee your compliance with any of the privacy or security standards, or regulations or rules. You further acknowledge and agree that your use of the Service does not guarantee the security of your IP addresses or that your systems are secure from unauthorized access. You are responsible for establishing and maintaining your own security policies and procedures, and for compliance with other privacy and security standards and regulations and rules that apply.

10.   INDEMNITY

You agree to defend, indemnify and hold IDF and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party that the Service was not authorized or due to or arising out of User Submissions or other content that you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

11.   LIMITATIONS ON USE AND STORAGE; MODIFICATIONS TO THE SERVICE

You acknowledge that IDF may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other User Submissions will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on IDF servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that IDF has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Submission maintained or transmitted by the Service. You acknowledge that IDF reserves the right to log off accounts that are inactive for an extended period of time or for which payment has not been made. You further acknowledge that IDF reserves the right to modify these general practices and limits from time to time without notice to you.

IDF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that IDF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12.   IDF'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service, the related websites, and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that or information presented to you through the Service or by third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by IDF or its third party licensors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

IDF grants you a personal, non-transferable and non-exclusive right and license limited to the number of Permitted Users to display, copy, distribute, and download the materials offered through the Service for your internal business use and purposes only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works of, transmit, sell or offer for resale, or in any way exploit any part of the Service without our express written permission. You also may not "mirror" any material presented through the Service on any other server without prior written permission from IDF. If you are an individual Member, you are the only Permitted User. If you are a corporate Member, the number of Permitted Users is set out in your subscription agreement with IDF.

The IDENTITY FORCE trademarks and service marks and other Identity Force logos, trade dress, and product and service names, whether or not appearing in large print or with the trademark symbol, are trademarks of [Identity Force] (the "Identity Force Marks"). You agree not to display or use the Identity Force Marks in any manner without Identity Force's express prior written permission. Nothing stated or implied on the Service confers on you any license or right under the Trademarks or any patent of IDF or any third party.

You acknowledge that misappropriation, misuse, or redistribution of the content and information offered through the Service will cause irreparable harm to IDF or to third parties, and you agree that IDF is entitled to equitable relief, including the entry of preliminary and permanent injunctions and/or an order of specific performance, to remedy or prevent a breach or threatened breach of these Terms of Service.

13.   NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

IDF respects the intellectual property of others, and we ask our Members and users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide IDF's Copyright Agent the following information:

(a) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(b) a description of where the allegedly infringing material is located on the Service;

(c) your name, address, daytime telephone number, and email address so that we may contact you;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and

(f) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

IDF's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Identity Force

1257 Worcester Road, Suite 308

Framingham, MA 01701

By phone: 508-788-9400
By fax: 508-788-6642
By email: legal@identityforce.com

We will remove any infringing content upon receipt of such a statement (or any statement in conformance with 17 U.S.C. ¤ 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

14.   LIMITATIONS ON ACCESS TO CONTENT

In order to protect the content included on the Service, including within certain Restricted Areas, we may place limits on specific users' access to our content. For example, in order to prevent unauthorized distribution, we may place a limit on the number of files a user can download from the Service. If you attempt to download more than the preset number of files, we may lock your account, preventing you from downloading any further content. We will notify you if your account is locked, and we will give you the opportunity to request that your account be unlocked by calling us at 877-MYIDFORCE or by another method that we may establish.

In addition, in order to prevent unauthorized distribution, we may place technological restrictions on your use of content downloaded from the Service, including technology known as "digital rights management." This technology may prevent you from transferring content between computers or redistributing it, and you agree that any technological restrictions we impose will govern your use of that content. However, your use of content distributed on the Service is subject to the restrictions on redistribution or reuse described above even if we choose not to impose technological restrictions to prevent your violation of these Terms of Service.

If you wish to make a use of our content that is not permitted by these Terms of Service or by any technological restrictions we impose, you may contact us to describe your proposed use and ask for permission to use the content in the proposed manner, but you may not attempt to reverse-engineer or avoid any technological restrictions that we impose. If we grant permission to use our content in a manner that is inconsistent with these Terms of Service or with any technological restriction we impose, we must do so in writing.

15.   NO PROFESSIONAL ADVICE

Any information supplied by any employee or agent of IDF, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, medical, accounting, or other professional advice. In addition, the content provided on the Service, including User Submissions, is intended as general educational information, not specific professional advice. Individual situations and state laws vary, and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

16.   LINKS

We may, as a convenience to users, provide links to third-party content and other web sites on the IDF Sites. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Those third party sites may have privacy practices different from those of IDF.

Because IDF has no control over such sites and resources, you acknowledge and agree that IDF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that IDF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17.   DISCLAIMER OF WARRANTIES

Our products and services, including the Service, any User Submissions, and links from the Service to any third-party sites, are provided AS IS AND AS AVAILABLE, and we make NO REPRESENTATION OR WARRANTY OF ANY KIND with respect to them. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICE OR OTHERWISE BY IDF, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY IDF OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR THE NEEDS, EXPECTATIONS, OR REQUIREMENTS OF ANY OTHER PERSON.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR OTHER MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDF OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

18.   LIMITATION OF LIABILITY

Notwithstanding anything contained in this terms of service, IDENTITY FORCES'S liability arising under or relating to SUCH terms of SERVICE OR OTHERWISE RELATED TO THE PROVISION OR USE OF THE SERVICE shall be limited to the fees received by identity force from YOU from the effective date of such terms of service THROUGH AND INCLUDING the date that the related claim gave rise to such liability.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THIS AGREEMENT IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO IDF. YOU AGREE THAT WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE IDF SERVICE OR YOUR RELATIONSHIP WITH IDF UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IDF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law, but the provisions of this section shall in any case be interpreted to limit our liability to the greatest extent permitted by law.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, YOU RELEASE IDF FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD IDF HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.

19.   TERMINATION

IDF reserves the right, in its sole discretion, to terminate, suspend, or limit your access to the Service, or any portion thereof, at any time without notice to you. Termination may include (a) removal of access to all offerings within the Service, including but not limited to messaging services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), including stored messages, and (c) barring of further use of the Service. If we do so, the provisions of these Terms of Service will survive such termination, except that you will not be permitted to use the Service to the extent that we terminate, suspend, or limit your access. You may also discontinue your own access to the Service by contacting us in writing to request that your account be terminated. If you do so, you will not be eligible to receive a refund of any subscription or other fees that you have paid us, and any fees that are due on the date you request termination will remain due. You agree that all terminations shall be made in IDF's sole discretion and that IDF shall not be liable to you or any third party for any termination of your account, any associated content, or access to the Service.

20.   GENERAL PROVISIONS

Entire Agreement. The Terms of Service constitute the entire agreement between you and IDF and governs your use of the Service, superseding any prior agreements between you and IDF with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IDF services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and IDF shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and IDF agree irrevocably to submit to the personal and exclusive jurisdiction of and venue in the courts located within the Commonwealth of Massachusetts.

Modification. IDF may modify any of the terms and conditions of this Terms of Service at any time in our sole discretion. You agree that notification by e-mail or posting of a change notice on the Service, at our sole option, shall be sufficient notice of a modification to the terms and conditions of this Agreement.  Your continued use of the Service following our posting of a change notice or a new agreement will constitute binding acceptance of the modified agreement.

Waiver and Severability of Terms. The failure of IDF to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Relationship of the Parties; Electronic Contracting. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IDF as a result of these Terms of Service or your access to and use of the IDF Sites. You further agree that a printed version of this Terms of Service agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Non-Transferability. You agree that your IDF Membership is non-transferable. IDF may transfer or assign the Terms of Service or assign or delegate its rights and obligations under the Terms of Service, in whole or in part, without the need to obtain your consent. You may not assign the Terms of Service, by operation of law or otherwise, without IDF's prior written consent, which may be subject to the payment of a fee.  Subject to that restriction, the Terms of Service will be binding on and enforceable against the parties and their respective successors and assigns. 

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

21.   QUESTIONS

Please contact legal@identityforce.com, using the subject line "Terms of Service Question" if you have any questions or comments about this Terms of Service agreement.

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