TERMS AND CONDITIONS
These terms and conditions (“Agreement”) set forth the general rules and regulations of your use of the identite.us and nopass.us websites (“Websites”), “NoPass” application (“Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Identite, Inc. (“Identite”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the provisions of this Agreement, you must not accept this Agreement and may not access and use the Services.
Terms and Definitions
For the purposes of this Agreement, the following terms when capitalized shall have the following meaning:
Account is a collection of information about the user that allows them to access the Services. For the purposes of this Agreement, your Account contains your login, most often in the form of your email address, that you use to register and authenticate in the Application.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Device is any device that can access the Services.
Intellectual Property Rights means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
Third-Party is a separate legal entity providing any services or content (including data, information, products or services) that may be displayed, included, or made available by the Service.
By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Identité®, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
When you create an Account on the Services, you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new Accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your Account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct when using our Services would tend to damage our reputation and goodwill. If we delete your Account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
It is your responsibility to ensure your computer system or Device meets all the necessary technical specifications to enable you to access and use the Websites and Applications.
If your Account is assigned and/or managed by your employer or a Third Party, then additional terms may apply to your use of the Websites and Application, and your employer or the Third Party may be able to access or disable your Account with or without our involvement and may have information relating to your access and use of the Account shared with them.
Links to Other Websites
Our Services may contain links to Third-Party websites or services that are not owned or controlled by Identité®.
Identite has no control over and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party websites or services. You further acknowledge and agree that Identité® 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any Third-Party websites or services that you visit.
Your linking to any other off-site resources is at your own risk.
Hyperlinking to our Websites
The following organizations may link to our Websites without prior written approval:
Online directory distributors may link to our Websites in the same manner as they hyperlink to the websites of other listed businesses.
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Websites.
These organizations may link to our home page, to publications, or to other Websites information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from other types of organizations on a case-by-case basis.
Removal of links from the Websites
If you find any link on our Websites that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, Third Party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Intellectual Property Rights
This Agreement does not transfer to you any intellectual property owned by Identite or Third Parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Identite. All trademarks, service marks, graphics, and logos used in connection with the Services, are trademarks or registered trademarks of Identité® or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other Third Parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Identité® or Third Party trademarks.
You must not: (a) republish material from the Websites; (b) sell, rent, or sub-license material from the Websites; (c) reproduce, duplicate, or copy material from the Websites; (d) redistribute content from the Websites without prior approval by Identité® except for your personal use.
We may terminate or suspend your access to Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement.
Upon termination, your right to use the Services will cease immediately.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Identite, its Affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Identite and its Affiliates, officers, employees, agents, suppliers, and licensors relating to the Services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Identite for the one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
The Services are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Identité®, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Identité® provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Identite nor any of Identite’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, their servers, the content, or e-mails sent from or on behalf of Identité® are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You agree to indemnify and hold Identité® and its Affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any Third Party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
If you have any concerns or a dispute about the Services, you agree to first try to resolve the dispute informally by contacting Identité®.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will post a notification within the Services. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
If you have any questions about this Agreement, you can contact us:
By email: firstname.lastname@example.org
LAST UPDATE: April 20, 2023