ID Secured Toolbar 1.1.1-signed.1-signed
End-User License Agreement
ID Secured Toolbar requires that you accept the following End-User License Agreement before installation can proceed:
PERFORMANCE. ID Secured LLC will use reasonable efforts to deliver the ID Secured LLC Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the ID Secured LLC Services; provided, however, that the Customer accepts all information "AS IS." Customer acknowledges and agrees that ID Secured LLC obtains its data from third-party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely on ID Secured LLC for the accuracy or completeness of information supplied in using the ID Secured LLC Services.
CHARGES. For each response to a request for information, Customer agrees to pay to ID Secured LLC for use of the ID Secured LLC Services the applicable charge then prevailing for the information requested. Customer shall pay to ID Secured LLC fees in accordance with the prices as updated from time to time through online announcements, customer bulletins, and published price schedules. ID Secured LLC is not responsible for ensuring delivery of such updates, changes, additions, or deletions to any of its policies that may occur from time to time, and it is the Customers responsibility to check the ID Secured LLC Service Website and/or publications for such notifications. All current and future ID Secured LLC pricing documents are deemed incorporated herein by reference.
INTELLECTUAL PROPERTY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the ID Secured LLC Services programs or computer applications. Customer acknowledges that ID Secured LLC (and/or ID Secured LLCs third-party data providers) shall retain all right, title, and interest in and to the data and information provided by the ID Secured LLC Services under applicable contractual, copyright, and related laws, and Customer shall use such materials consistent with ID Secured LLCs interests and notify ID Secured LLC of any threatened or actual infringement of ID Secured LLCs rights.
PAYMENT OF FEES. Customer shall be responsible for payment for all services obtained through Customer's access identification code, whether or not such code is used by Customer or a third party, whether with or without Customers consent, provided access to Customers access identification code is not the result of use by a person formerly or presently employed by ID Secured LLC or who obtains the code by or through a break-in or unauthorized access of ID Secured LLCs offices, premises, records or documents, or computer system. Customer agrees that at all times during the term of this Application and Agreement it shall keep all passwords for use of ID Secured LLC Services confidential and shall provide such passwords only to individuals that have a need to know. Customer shall pay ID Secured LLC for all charges incurred for the use of the ID Secured LLC Services on a prepaid or monthly basis, and Customer agrees to be electronically charged for these search fees. At Customers request, paper invoices can be mailed via the United States Postal Service at a cost of Ten Dollars ($10) per month, which will be included in Customers monthly invoice as an additional itemized charge. All payments are due within 20 days of the date of any invoice for the ID Secured LLC Services. Customer understands that it will be notified via electronic mail regarding all unpaid balances due. Customer shall pay interest at the rate of eighteen percent (18%) per annum from the date due on any charges not paid by the payment due date. All remittances shall be sent to ID Secured LLC, 345 Se 9th Ave Hillsboro OR, 97123. ID Secured LLC reserves the right to terminate this Application and Agreement and the right of Customer to use any information provided hereunder with prior notice to Customer upon any non-payment of fees by the date due.
TERM OF AGREEMENT. This Application and Agreement is for services rendered and shall be in full force and effect during such periods of time during which ID Secured LLC is providing services for Customer. Customer agrees that if it is found to be in violation of any specifications of this Application and Agreement, ID Secured LLC has the right to terminate Customers access to the ID Secured LLC Services.
GOVERNING LAW. The Terms and Conditions of Customers use of the ID Secured LLC Services shall be governed by and construed in accordance with the laws of the State of Oregon, without effect to conflict of law principles. Additionally, any action brought pursuant to Customers use of the ID Secured LLC Services or pursuant to the terms and conditions of this Application and Agreement shall be brought within the jurisdiction of the courts of Washington County,Oregon.
ASSIGNMENT. The license granted pursuant to this Application and Agreement to Customer to use the ID Secured LLC Services may not be assigned by Customer, in whole or in part, without the prior written consent of ID Secured LLC.
WARRANTIES/LIMITATION OF LIABILITY. Neither ID Secured LLC nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, ID Secured LLC and its data providers are hereby collectively referred to as ID Secured LLC) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided ID Secured LLC service-related data) for any loss or injury arising out of or caused in whole or in part by ID Secured LLCs acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the ID Secured LLC Services. If, notwithstanding the foregoing, liability can be imposed on ID Secured LLC, then Customer agrees that ID Secured LLC's aggregate liability for any and all losses or injuries arising out of any act or omission of ID Secured LLC in connection with anything to be done or furnished under this Application and Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00; provided, however, that such limitation of liability shall not apply to ID Secured LLCs indemnification obligation detailed in Section 10 hereof; and Customer covenants and promises that it will not sue ID Secured LLC for an amount greater than such sum even if ID Secured LLC and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against ID Secured LLC. ID Secured LLC does not make and hereby disclaims any warranty, express or implied, with respect to the ID Secured LLC Services provided hereunder; provided, however, that ID Secured LLC does hereby warrant that ID Secured LLC has complied with the law and applicable third-party data provider contracts in providing the ID Secured LLC Services. ID Secured LLC does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the ID Secured LLC Services or the components thereof or information provided hereunder. In no event shall ID Secured LLC be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof.
INDEMNIFICATION. Customer hereby agrees to protect, indemnify, defend, and hold harmless ID Secured LLC from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to use of information received by Customer (or any third party receiving such information from or through Customer) furnished by or through ID Secured LLC. ID Secured LLC hereby agrees to protect, indemnify, defend, and hold harmless Customer from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to a breach by ID Secured LLC of the warranty made by ID Secured LLC regarding authorized provision of the data in Section 9 hereof.
SURVIVAL OF AGREEMENT. Provisions hereof related to release of claims, indemnification, use of information and data, payment for ID Secured LLC Services, and disclaimer of warranties shall survive any termination of the license to use the ID Secured LLC Services.
AUDIT. Customer understands and agrees that in order to ensure compliance with the GLB, the DPPA, and other similar laws, ID Secured LLC will conduct periodic reviews of Customer activity and may, on a random basis, contact Customer to provide documentation of executed searches. ID Secured LLC shall also investigate all legitimate reports of abuse or misuse of ID Secured LLC Services by Customer or others. Customer agrees to cooperate fully with any and all investigations. Violations discovered in any review by ID Secured LLC will be subject to immediate action including, but not limited to, termination of the license to use ID Secured LLC Services, legal action, and/or referral to federal or state regulatory agencies.
ATTORNEYS FEES. The prevailing party in any action, claim or law suit brought pursuant to this Application and Agreement is entitled to payment of all attorney fees and costs expended by such prevailing party in association with such action, claim or lawsuit.
CUSTOMER CHANGE. Customer shall notify ID Secured LLC immediately of any changes to the information on Customer's Application for ID Secured LLC Services, such changes in information to include changes in the Account Contact, Credit Card Application, Billing Contact, and Banking Information. ID Secured LLC reserves the right to terminate Customer's access to the ID Secured LLC Services or terminate license to use the ID Secured LLC Services without further notice upon receipt of any change in Customers status which in ID Secured LLCs sole discretion would cause Customer to be unable to comply with its obligations under this Application and Agreement.
RELATIONSHIP OF PARTIES. Customer shall at no time represent that it is the authorized agent or representative of ID Secured LLC.
CHANGE IN AGREEMENT. By receipt of the ID Secured LLC Services, Customer agrees to, and shall comply with, changes to the Restricted License and changes in pricing as ID Secured LLC shall make from time to time by notice to Customer via e-mail online click wrap amendments, facsimile, mail, or other written notification. All e-mail notifications shall be sent to the individual named in the Account Contact Information section, unless stated otherwise in this Application.
The information that the ID Secured LLC Service provides to the end user may contain consumer identification information governed by the Gramm-Leach-Bliley Act (GLB) and/or Drivers Privacy Protection Act (DPPA). In accordance with GLB and DPPA, such information may only be used for the following purposes: