LAST UPDATED: April 27, 2012
THIS END USER AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND CORE ID
SERVICES, LLC (“CORE ID”) AND SHALL GOVERN CORE ID’S SERVICES (INCLUDING, WITHOUT
LIMITATION, ALL PRODUCTS, SERVICES, ADVICE, ASSISTANCE, SUPPORT AND CONTENT) AND
YOUR USE OF SAME AND ANY WEB SITE OPERATED BY CORE ID FROM TIME TO TIME (THE “PORTAL”)
INCLUDING THE WEB PORTAL LOCATED AT WWW.MYCOREID.COM (COLLECTIVELY, THE “SERVICES”).
BY USING THE SERVICES OR CLICKING THE “I ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT YOU
HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND PROVISIONS,
AS SAME MAY BE UPDATED FROM TIME TO TIME.
1. Services. Core ID will commence providing the Services once you agree
to the terms of this Agreement and it has received the initial amounts due for the
Services. Core ID may cease providing Services to you automatically and without
notice upon your breach of this Agreement or if Core ID does not receive when due
any amounts due for the Services (regardless of who is responsible for paying them).
Your access to the Services shall cease upon either party providing thirty (30)
days written notice to the other party. You will not have access to any Services
after they have ceased. You represent and warrant that: (i) you are at least 18
years of age or older; (ii) all information provided about you or that others (such
as an employer) have provided about you from time to time (the “Information”) is
true, accurate, up-to-date, not false or misleading, and complete; (iii) you shall
abide by all federal, state, local, and other laws in your use of the Services;
and (iv) you shall use the Services for personal use only. Core ID may make modifications,
deletions, or changes to the Services’ features, functionality, or content, at any
time, without notice or liability to you. Core ID shall not provide the Services
related to identify thefts or identity theft incidents (a) discovered by or known
to you prior to the date you agree to this Agreement or (b) occurring as a result
of dishonest, criminal, malicious, or fraudulent acts by you.
2. License. For so long as the Services are being provided to you, you are
granted a non-exclusive, non-transferable, revocable license to access and use the
Services, strictly in accordance with the terms of this Agreement. Except as expressly
authorized by Core ID, you shall not: (i) license, sublicense, sell, resell, transfer,
assign, distribute, or otherwise commercially exploit or make available the Services
to any third party in any way; (ii) access the Services in order to build a competitive
product or service; or (iii) copy, modify, aggregate, or make any derivative works
based upon the Services. Except for the limited license contained in this paragraph,
nothing in this Agreement grants or should be construed to grant to you any licenses
or rights under copyright or other intellectual property rights with respect to
the Services or any portion thereof.
3. Responsibility. You are responsible for all activity occurring under your
account or through access to the Services. You will keep all your account information
and numbers, IDs, and passwords confidential and will not provide them to anyone
4. Information. You grant us a non-exclusive, fully-paid up right, irrevocable
right and license to use all Information for as long as we provide the Services
is incorporated herein by reference. You agree to be bound by such policy. Core
ID shall have the right to use and disclose any Information, including personal
information, name, address, and social security number, to third parties to the
extent necessary to (i) provide you with the Services and (ii) as required by law
or under subpoena. You consent to Core ID’s use and disclosure of Information.
6. Fees. Unless the Services are being paid by or through your employer or
other third party, you agree to pay for them and you authorize Core ID to charge
your credit card or other account that you have designated for payment of the Services
provided to you.
7. Term. The term of this Agreement shall commence upon the sooner of your
agreement to these terms or the provision of the Services. This Agreement will terminate
once all your obligations hereunder have ceased. The provisions of Sections 8, 9,
10 and the restrictions (but not the license granted) in Section 2 shall survive
the cessation of your access to or the provision of any Services.
8. Disclaimer. IN NO EVENT WILL CORE ID BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF USE OR DATA OR INTERRUPTION OF
BUSINESS ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE SERVICES. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY IN ALL CASES. IN NO
EVENT SHALL CORE ID BE LIABLE TO YOU OR ANY OF YOUR AGENTS FOR ANY LOSS OR DAMAGE,
WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
SERVICES, EXCEEDING THE GREATER OF (i) $1000 OR (ii) THE TOTAL AMOUNT PAID TO CORE
ID FOR THE SERVICES UNDER THIS AGREEMENT.
9. Arbitration. All disputes, controversies, and claims arising out of the
terms, operation, or interpretation of this Agreement, or your use of the Services
shall be resolved by mandatory, binding arbitration under the Commercial Arbitration
Rules of the American Arbitration Association (“AAA”) then in effect. The proceedings
shall be held in Atlanta, Georgia under the auspices of the AAA. Notwithstanding
the foregoing, either party may seek equitable relief only (excluding any claim
whatsoever for money) in any court of competent jurisdiction.
10. Miscellaneous. The provisions of this Agreement are intended to be enforceable
in accordance with their terms, and whenever possible this Agreement shall be interpreted
in such a manner as to be effective and valid under applicable law. If any clause
of this Agreement shall be prohibited by or invalid under such law, such clause
shall be deemed ineffective to the extent of such prohibition or invalidity and
such clause shall be severed from the remainder of this Agreement without invalidating
the remainder of any provision containing such clause or the remaining provisions
of this Agreement. The laws of the State of Georgia shall govern this Agreement,
except to the extent such laws would apply the laws of another jurisdiction. Any
notices required by this Agreement shall be made in writing and shall be delivered
in person or mailed certified return-receipt-requested to your last known address
or, if to Core ID, to: 2780 Bert Adams Rd, Suite 310, Atlanta, GA 30339; Attention:
President. Any waiver of rights or remedies for breach of this Agreement
shall not be valid unless made in writing and no previous waiver shall be deemed
a waiver of any subsequent breach. Continued use of the Services after any such
changes shall constitute your agreement to such changes. You may not assign this
Agreement or any portion of this Agreement; all successors and permitted assigns
of the parties shall be bound by the terms hereof.