TERMS & CONDITIONS

TERMS & CONDITIONS

Date of last Update: August 20, 2019

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS SHALL BE BINDING UPON USERS OF WWW.ISAFEIDENTITY.COM AND THEIR SERVICES.

1.         Introduction

    1. Please carefully read the Terms and Conditions (“Terms”) for www.isafeidentity.com (the “Website”) including any of its website, domain or sub-domain, and its mobile optimized versions. The Website is operated by JD5 Technologies Inc. having its registered address located at 87 Broadway, Hicksville, NY 11801 (hereinafter referred to also as “Company”, “we,” “us” or “our”). Any ancillary terms, guidelines, the Privacy Policy (the “Policy”) and other documents made available by Website from time to time and as incorporated herein by reference, shall be deemed as an integral part of the Terms. These terms set forth the legally binding agreement between you as the user(s) of Website (hereinafter referred to as “you”, “your” or “User”) and the Company. If you are using Website or its services on behalf of an entity, organization, or company (collectively "Subscribing Organization"), you declare that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, "you" in these Terms refers to your Subscribing Organization, and any individual authorized to use the Service on behalf of the Subscribing Organization, including you.
    2. By using company provided services, accessing or using Website in any manner as laid down herein, including, but not limited to, visiting or browsing the Website, or contributing content or other materials to it, you agree to be bound by these Terms.
    3. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Website without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  1. Acceptance of the Terms
    1. Each time by viewing, using, accessing, browsing, or submitting any content or material on Website, including the tabs, or webpages contained or hyperlinked therein and owned or controlled by Website and the Services provided by them, whether through Website or through such other media or media channels, devices, software, or technologies as Website may choose from time to time, you are agreeing to abide by these Terms, as amended from time to time with or without your notice.
    2. Website reserves the right to modify or discontinue, temporarily or permanently, and at any time, Website and/or Services (or any part thereof) with or without notice. You agree that Website shall not be liable to you or to any third party for any modification, suspension or discontinuance of Website Services.
    3. Website may modify these Terms from time to time, and any change to these Terms will be reflected on Website with the updated version of the Terms and you agree to be bound to any changes to these Terms when you use Website or its Services. Website may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications.
    4. Also, occasionally there may be information on Website or within Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and the Website reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
    5. When you register an account on Website and/or upload, submit, enter any information or material to Website or use any of Website’ Services, you shall be deemed to have agreed to and understand the Terms.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE WEBSITE.

  1. Terms of Service
    1. The Website provides Identity and Credit monitoring services on a subscription base plan from credit bureaus. In addition, it also provides one-time Credit Report and Credit Score.
    2. The Website offers some services on Trial basis as well so that you may test the services before making full purchase.
  2. Liability Limitations

YOU CANNOT RECOVER ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR ANY OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY SERVICES PROVIDED OR MADE AVAILABLE TO YOU BY US.

  1. Service Availability
    1. The Company shall use commercially reasonable efforts to keep Website up and running 24 hours a day, seven days a week; provided, however, that it may carry out scheduled and unscheduled maintenance work as necessary from time to time and such maintenance work may impact the availability of Website.
  2. Account Registration and Membership
    1. In order to use some or all of the functionalities and Services provided through Website, you may be required to register an account. At the time of registration of account, you will be asked to complete a registration form which shall require you to provide personal information.
    2. Upon verification of details, Website may accept account registration application.
    3. You represent, warrant and covenant that: (i) you have full power and authority to accept these Terms, to grant any license and authorization and to perform any of your obligations hereunder; and (ii) you will undertake the use Website and Services for legally permissible purposes only.
      1. You must not allow any other person to use your account to access Website.
      2. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
      3. You must not use any other person's account to access Website, unless you have that person's express written permission to do so.
  3. User IDs / Username and passwords
    1. If you register for an account with the Website, you may be asked to choose a User ID and password. Your User ID must not be misleading and must comply with the content rules set out in this document; you must not use your account or User ID for or in connection with the impersonation of any person.
    2. You shall be responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, User account or password.
    3. You must notify Website by emailing us at  [email protected] if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).
    4. You are responsible for any activity and content on the account arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
    5. Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
  4. Termination of Account and Discontinuation of Use
    1. If you engage in Prohibited Conduct or otherwise violate any of the Terms, your permission to use Website will be terminated.
    2. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of Website, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Company or any third party; or (ii) in connection with any general discontinuation of Website services.
    3. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of Website. You may terminate your account at any time by sending us an email to [email protected].
  5. Electronic Signature Consent
    1. You agree that your “Electronic Signature” is the legal equivalent of your manual signature for this Agreement, thereby indicating your consent to do business electronically.
    2. By clicking on the applicable button in Website, you will be deemed to have executed these Terms electronically via your Electronic Signature with Company; effective on the date you first click to accept these Terms. 
  6. Electronic Delivery of Communications
    1. You agree to receive communications from Website in electronic form. Such electronic communications may include, but will not be limited to, any and all current and future notices and/or disclosures that various laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with Website.
    2. You accept that the electronic documents, files and associated records provided via your account with Website are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.  Website reserve the right to require ink signatures on hard copy documents from the related parties, at any time.
  7. User Responsibility for both Physicians as well as Pharmas
    1. Users are solely responsible for all of the transactions conducted on, through or as a result of use of Website or Services.
    2. You agree that the use of Website and/or Services on Website are subject to all applicable local, state and US federal laws and regulations. You also agree:
      1. not to access Website or services using a third-party's account/registration without the express consent of the account holder;
      2. not to use Website for illegal purposes;
      3. not to copy any content for republication in print or online;
      4. not to attempt to gain unauthorized access to other computer systems from or through Website;
      5. not to disrupt, interfere with, or otherwise harm or violate the security of Website, or any services, system restores, accounts, passwords, servers or networks connected to or accessible through Website or affiliated or linked website.
      6. not to use Website in any way or take any action that causes, or may cause, damage to Website or impairment of the performance, availability or accessibility of Website;
      7. not to use Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      8. not to use se Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      9. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Website without the express written consent of Website owner;
      10. not to access or otherwise interact with Website using any robot, spider or other automated means;
      11. not to violate the directives set out in the robots.txt file for Website;
      12. not to infringe these Terms or allow, encourage or facilitate others to do the same;
      13. not to disturb the normal flow of Services provided within Website;
      14. not to create a link from Website to another website or document without our prior written consent;
      15. not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on Website;
      16. not to create copies or derivate works of Website or any part thereof;
      17. not to reverse engineer, decompile or extract Website’s source code;
      18. not to remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
      19. not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
      20. not to pretend to be or misrepresent any affiliation with any legal entity or third party.
    3. In addition to the above clause, unless specifically endorsed or approved by Website, the following uses and activities of and with respect to Website and Services are prohibited:
      1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
      2. transmitting chain letters or junk email;
      3. engaging in any automated use of Website or Services.
      4. interfering with, disrupting, or creating an undue burden on Website or Website Services or the networks or services connected or linked thereto;
      5. attempting to impersonate another user or person;
      6. using the username of another user;
      7. selling or otherwise transferring your profile;
      8. using any information obtained from Website or Website Services in order to harass, abuse, or harm another person;
      9. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of Website or Website Services;
      10. attempting to bypass any measures of Website or Website Services designed to prevent or restrict access to Website or Website Services, or any portion of Website or Website Services;
      11. harassing, annoying, intimidating or threatening any Website employees or agents engaged in providing any portion of Website Services;
      12. using Website and/or Website Services in any manner inconsistent with any and all applicable laws and regulations.
      13. Using data collected from Website to contact individuals, companies or other persons or entities.
      14. Supplying false, untrue, expired, incomplete or misleading information through Website.
    4. You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to Website and use of our Services, without refund, reimbursement, or any other credit on our part. Access to Website may be terminated or suspended without prior notice or liability of Company. You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through Website. You hereby agree to provide Company with all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for our Services.
  8. Ownership
    1. The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on Website are the property of – or otherwise are licensed to – Company or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights throughout the world.  Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.
    2. No section hereof shall be construed as intent to grant to you any interest in Website or our Services, in whole or in part. All content and materials included as part of the Services, such as images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio and other content are the property of, are licensed to or are otherwise duly available to Company, its affiliates, its licensors or to the appertaining third party copyrights holder.
    3. You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Website and our Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
  9. Term and Termination
    1. The term hereof shall begin on the date that comes first among: (i) first access to Website; (ii) your first access or execution of our Services; or (iii) Company begins providing its Services to you.
    2. The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or access revocation for our Services or Website; (iii) Company’s termination of these Terms or its Services, at its sole and final discretion; (iv) the termination date indicated by Company to you from time to time; or (v) Company’ decision to make Website or Services no longer available for use, at its sole and final discretion.
    3. Upon expiration of these Terms or termination of your subscription to our Services, you shall thereafter immediately cease any and all use of our Services, along with any and all information and data collected therefrom.
  10. Amendments
    1. We hereby reserve the right to update, modify, change, amend, terminate or discontinue Website, the Terms and/or the Policy, at any time and at its sole and final discretion. We may change Website’s functionalities and (any) applicable fees at any time.  Any changes to these Terms will be displayed in Website, and we may notify you through Website or by email. Please refer to the date shown above for the date where effective changes were last undertook by us. Your use of our Services after the effective date of any update - either by an account registration or simple use - thereby indicates your acceptance thereof.
  11. No Warranty
    1. Your use of the Website or Services is at your own risk, and therefore you hereby acknowledge and agree that the Website and Services are provided “as is”, “with all faults”, and “as available”, including all content, guides, checklists, reference guides, sample filing forms, software, materials, services, functions and/or information made available thereby.  It shall be your own responsibility to ensure that the Services or information available through this Website meet your specific requirements.
    2. Neither Company, nor its affiliates, subsidiaries, officers, employees and agents warrantee that Website will be error-free, uninterrupted, secure, or produce any particular results; or that any listing, purchase, order, amount, information, guide, sheet, checklist and/or content will be current, measured useful and/or valid, or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by Company or its employees, affiliates, contractors and/or agents shall create a guarantee. No warranty or representation is made with regard to such services or products of third parties contacted on or through Website.  In no event shall Company or our affiliates be held liable for any such services.
    3. Neither Company, nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry.  The results described in Website are not typical and will vary based on a variety of factors outside the control of Company. Your use of any information and/or materials on this Website are entirely at your own risk, for which we shall not be held liable.
  12. Disclaimer of Damages
    1. In no event shall the Company be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: (i) damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use Website, including negligence; (ii) infringement of third party intellectual property rights; and (iii) claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants.
    2. The aforementioned limitation of damage liability, shall be in force regardless of however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of such possibility.
    3. To the fullest extent allowable under applicable law, Company hereby expressly disclaims any and all representations and warranties of any kind with respect to Website, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Services displayed on the Website, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose or non-infringement.
  13. Indemnification
    1. You agree to indemnify, defend and hold Company and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms or the Policy; and (iii) your violation of the rights of any third-party.
    2. You indemnify Website and its management for any time that Website may be unavailable due to routine maintenance, updates or any other technical or non-technical reasons. You agree to indemnify Website and its management for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to your published content, damages from lost profits, lost data or business interruption.
    3. You hereby indemnify Website and its management and will not hold them responsible for copyright theft, reverse engineering and use of your content by other users on Website.
  14. Generals
    1. No Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent.  Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest.  Any rights not expressly granted herein are thereby reserved.  These terms will inure to the benefit of any successors of the parties.  We reserve the right, at any time, to transfer some or all of Company’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
    2. Content Moderation.  Company hereby reserves the right, at its sole and final discretion, to review any and all content delivered into Website, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.
    3. Force Majeure. Company is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Company's reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
    4. Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
    5. No Waiver. Failure by Company to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
    6. No Relationship. You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
    7. Notices. All legal notices or demands to or upon Company shall be made in writing and sent to Company personally, by courier, certified mail, or facsimile, and shall be delivered to any address the parties may provide.  For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained.  You agree that all agreements, notices, demands, disclosures and other communications that Company sends to you electronically satisfy the legal requirement that such communication should be in writing.
    8. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
  15. Contact
    1. For any inquires or complaints regarding the Service or Website, please contact by email at [email protected].