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DateID Terms of Use

Last Updated: March 21, 2019

 

DateID.me, Inc. a Delaware corporation (hereinafter, “DateID.me, Inc.”, or “we” or “us” or “our), is the owner and operator of the DateID platform and the website located at DateID.me. BY USING THE DATEID SERVICE IN ANY FORM OR FASHION (INCLUDING, WITHOUT LIMITATION, NAVIGATING THE WEBSITE AT DateID.me), YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE, THE DATEID.ME, INC. PRIVACY POLICY, WHICH CAN BE FOUND AT www.dateid.me/privacypolicy AND OTHER TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN AND WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO HEREAFTER AS THE “TERMS OF USE”). If you object to anything in the Terms of Use, you may not use the DateID.me Service (or any portion thereof).

 

 

Acceptance of the Terms of Use.

 

a. Legally Binding Agreement. The Terms of Use constitute a contract between you and DateID.me and sets forth the legally binding terms of your use of the DateID.me Service. The Terms of Use may be modified, limited, suspended or terminated by DateID.me at any time, for any reason, without notice, unless otherwise required under applicable law. Such modifications shall be effective upon its posting by DateID.me at this web page. Your use of the DateID.me Service after such posting will constitute acceptance by you of such changes. You may not amend or modify the Terms of Use or your obligations hereunder at any time without DateID.me’s prior written consent.

 

b. Electronic Form. By accessing and using the DateID.me Service, you consent to have the Terms of Use provided to you in electronic form.

 

c. Access and Retention In order to access the DateID.me Service, you must have access to the World Wide Web, either directly or through computer or mobile devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of the Terms of Use for your records. You should regularly review this web page to check for amendments and modifications to the Terms of Use.

 

Eligibility. The DateID.me Service is only available to individuals who are at least eighteen (18) years of age and legal residents and visitors of the United States (the “DateID.me Requirements”). By using the DateID.me Service, you represent and warrant that you meet the DateID.me Requirements. By signing up to become a Member of DateID.me (a “Member”), you further represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Use.

 

Involvement. As a Member you will have the ability to access your Member account, update your account information, verify your identity, update your photos, manage your account access and settings, and search the DateID.me for profiles of other Members and Non-Members whose name or contact information you possess.

 

Membership. In order to become a Member, users will need to register with DateID.me and create a Member account. When creating your account, you must provide accurate and complete information. Members are solely responsible for maintaining the confidentiality of their account and password. Furthermore, Members are responsible for all activities, content, and liabilities associated with their account. Members must (a) immediately notify DateID.me of any unauthorized use of their account and are responsible for any unauthorized content made on or through their account until DateID.me receives such notification and (b) ensure that they exit from their account at the end of each session. DateID.me will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.

 

You may become a Member of the DateID.me Service at no cost. However, certain features and services may be subject to charges in the future, once we exit Free Beta. In the future, to subscribe for recurring verifications you may be required to pay certain charges. The DateID.me website provides information on certain subscription plans and prices where and when applicable. DateID.me reserves the right to remove Member profiles at any time and for any reason.

 

Identity Verification and Background Check Features. The DateID.me Services include certain identity verification and background check features for its Members, at his or her election, utilizing commercially available public records and data sources from third party service providers. By electing to utilize such features, such Members agree to provide their full legal name, email address and phone number, as well as other personally identifying information that may be needed by DateID.me to verify and authenticate a Member’s identity. Such Members expressly authorize DateID.me. to obtain information, including, without limitation, information on personal address and criminal history, to verify the identity of the user and to review public records concerning the Member’s criminal history of any form or kind. Such Members further authorize and consent to the investigation of all information provided by the Member as part of his or her account or profile. You hereby release, discharge and exonerate DateID.me, its officers, directors, employees, agents, representatives, affiliates, parent or subsidiary entities, and assigns, and any person furnishing information from any and all liability of every nature and kind arising out of the furnishing or inspection of such documents, records and other information. You further acknowledge and consent that, although DateID.me will not disclose the results obtained from the third party service providers with other users, DateID.me may review the information provided by the third party service provider and that DateID.me has and reserves the right to terminate a Member’s account in its sole discretion without notice based on the information it obtains.

 

Although DateID.me attempts to verify the accuracy of information provided by Members who elect these features and to confirm the absence of criminal history through the third party service providers, the public record and commercially available databases searched by the third party service providers are neither guaranteed to be complete, accurate or without errors. As such, the identity verification and background check features of the DateID.me Service should not and may not be construed as any guarantee regarding the quality or security offered by any Members. All Members assume all risks relating to any interactions they may elect to have with other Members and are solely responsible for the safety and security of themselves.

 

All Members of the DateID.me Service acknowledge and understand that DateID.me has no control over and does not assume any responsibility for the quality, accuracy, or reliability of the information provided by other Members or the third party service provider or contained within commercial databases maintained by third party service providers or public records maintained and/or transmitted by federal, state or municipal government entities. Public records and commercial data systems may have errors and should not be relied upon as definitively accurate. Before relying on any data supplied, it should be independently verified. Certain criminal record data may include records that have been expunged, sealed, or otherwise inaccessible to the public since the date on which the data or record was last updated or collected.

 

Please be advised that DateID.me is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”) which can be found at www.ftc.gov/os/statutes/fcrajump.shtm, and any information collected or received by DateID.me from its third party service providers have not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA as well as all other applicable consumer reporting laws. The information provided through the identity verification and background check features of the DateID.me Services may not be reviewed or considered as a factor in (1) establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals), or (3) any other personal business transaction with another individual (including, but not limited to, leasing an apartment)

 

Term. This Agreement embodied by your acceptance of the Terms of Use will remain in full force and effect while you use the DateID.me Services. You may terminate your membership and/or subscription at any time, for any reason, by sending DateID.me written notice of termination by letter to 2340 Powell Street #354, Emeryville, CA, 94705 or email to hello@dateid.me. If DateID.me terminates your membership due to a breach of the Terms of Use, you will not be entitled to any refund of unused or unapplied fees paid prior to such termination. All decisions regarding the termination of Member accounts shall be made in the sole discretion of DateID.me. We are not required to provide you notice prior to terminating your membership and/or subscription.

 

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

 

Non-Commercial Use by Members. The DateID.me Service is for the personal use of Members and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not access the DateID.me Service and should not use the DateID.me Service for any commercial purpose. Illegal and/or other uses prohibited by these Terms of Use, including deleting necessary record keeping information is prohibited, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the DateID.me Service is only as authorized by DateID.me and this authorization may be revoked at any time, for any reason, in DateID.me’s sole and exclusive discretion.

 

Account Removal and permanent deletion. Once you create an account, we create a record of you locally in our database. You can contact us to request removal and we will delete you. 

However, because DateID uses search data from a third-party service, Pipl.com, an unofficial version of your profile may still appear on DateID. The only way to remove yourself permanently is to contact www.pipl.com and request removal. We regret that we won’t have a better solution at the current time.

 

Your Interactions with DateID.me. You are solely responsible for your interactions with DateID.me. You understand that DateID.me does not in any way guarantee that information communicated to DateID.me is received, recorded or stored.

 

Your Interactions with Other Members. You are solely responsible for your interactions with other Members. DateID.me reserves the right, but has no obligation, to moderate disputes between you and other Members. You understand that DateID.me makes no representations or warranties as to the conduct or compatibility of other Members and does not guarantee the accuracy, integrity, quality or appropriateness of any Content (defined herein as any information or materials transmitted, posted or otherwise supplied by the Member to or through the DateID.me Service.) In no event shall DateID.me be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the DateID.me Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members the DateID.me Services or other persons you meet through the DateID.me Service. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet offline or in person. You understand that DateID.me makes no guarantees, either express or implied, regarding your compatibility with individuals you meet through the DateID.me Service. You should not provide your financial information (for example, your credit card or bank account information) to any other Members.

 

 

Content Posted by You via the DateID.me Service

 

a. You are solely responsible for any Content (including written text, images or video footage) that you publish or display (hereinafter, “post”) on the DateID.me Service or transmit to Members. You agree not to post via the DateID.me Service, or transmit to Member, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree to not provide inaccurate, misleading or false information to DateID.me or to any Member. If you believe that any Member has provided you or DateID.me any inaccurate, misleading or false information, you will promptly notify DateID.me.

 

b. You understand and agree that DateID.me may review, edit and delete any content, documents, photos or profiles, in each case in whole or in part, that in the sole judgment of DateID.me violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or any other third party.

 

c. By posting Content on or through the DateID.me Service, you automatically grant, and you represent and warrant that you have the right to grant, to DateID.me, its licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that posting and use of your content by DateID.me will not infringe or violate the rights of any third party.

 

d. The following is a partial list of the kind of Content that is illegal or prohibited on the DateID.me Service. DateID.me reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the DateID.me Service and terminating the privilege to use the DateID.me Service of such violators. It includes, but is not limited to, Content that:

 

i. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

ii. harasses or advocates harassment of another person;

 

iii. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

 

iv. promotes information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

 

v. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio, or video files;

 

vi. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

 

vii. solicits personal information from anyone under the age of 21;

 

viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

 

ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

 

x. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

 

e. Your use of the DateID.me Service, including but not limited to the Content you post in the DateID.me Service, must be in accordance with any and all applicable laws and regulations.

 

f. All information you include in your profile must be accurate, current, and complete.

 

Prohibited Activities. DateID.me reserves the right to investigate and terminate your access to the DateID.me Service if you have allegedly engaged in any conduct that could be regarded as inappropriate, unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the DateID.me Service:

 

i. You will not impersonate any person or entity.

 

ii. You will not “stalk” or otherwise harass any person.

 

iii. You will not express or imply that any statements you make are endorsed by DateID.me without our specific prior written consent.

 

iv. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the DateID.me Service or its contents.

 

v. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

 

vi. You will not remove any copyright, trademark or other proprietary rights notices contained in the DateID.me Service.

 

vii. You will not interfere with or disrupt the DateID.me Service or the site or the servers or networks connected to the DateID.me Service or the site.

 

viii. You will not post, email or otherwise transmit 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.

 

ix. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the DateID.me Service.

 

x. You will not “frame” or “mirror” any part of the DateID.me Service, without DateID.me’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to DateID.me or the DateID.me Service in order to direct any person to any other website for any purpose.

 

xi. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the DateID.me Service or any software used by DateID.me or cause others to do so.

 

Customer Service. DateID.me provides assistance and guidance for Members via its staff. When communicating with staff, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our staff, employees or agents is at any time threatening or offensive, we reserve the right to immediately terminate your access to the DateID.me Service and you will not be entitled to any refund of fees paid.

 

 

Subscriptions; Charges on Your Billing Account.

 

a. General. If Premium Services are purchased DateID.me will bill you through an online account (your “Billing Account”). You agree to pay DateID.me all charges at the prices then in effect for the Premium Services using your Billing Account, and you authorize DateID.me to charge your chosen payment provider (your “Payment Method”) for the Premium Services chosen. You agree to make payment using that selected Payment Method. DateID.me reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

 

b. Recurring Billing. Most Premium Services are in the form of subscription plans that consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as agreed to by you. By accepting these Terms of use, you acknowledge that your subscription plan has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. DateID.me MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY DateID.me) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE DateID.me REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CALL DateID.me OR SEND AN EMAIL TO HELLO@DATEID.ME OR A LETTER TO: DateID.me 2207 PRINCE STREET, BERKELEY, CA 94705.

 

c. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY DateID.me IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN THE PERSONAL INFORMATION SECTION OF THE DateID.me SERVICE. IF YOU FAIL TO PROVIDE DateID.me ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT DateID.me MAY CONTINUE CHARGING YOU FOR ANY USE OF THE DateID.me UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE DateID.me (CONFIRMED BY YOU IN WRITING UPON REQUEST BY DateID.me).

 

d. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If DateID.me does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

 

e. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and DateID.me shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that DateID.me may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

 

f. Auto-renewal. Your DateID.me subscription plan will be automatically extended for successive renewal periods of the same duration as the subscription plan originally selected, at the then-current non-promotional rate for the subscription plan. To change or resign your subscription plan, at any time please send an email to info@DateID.me or a letter and self-addressed stamped envelope to: DateID.me, Inc., 2207 Prince Street, Berkeley, CA 94705. If you resign, you may have access to the Premium Services purchased until the end of the term of your then-current subscription plan; your subscription plan will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription plan period.

 

g. Reaffirmation of Authorization. Your non-termination or continued use of the DateID.me reaffirms that DateID.me is authorized to charge your Payment Method. DateID.me may submit those charges for payment and you will be responsible for such charges. This does not waive DateID.me’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the DateID.me Service.

 

h. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the DateID.me must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact DateID.me to have the charges reversed.

 

Blocking of IP Addresses. In order to protect the integrity of the DateID.me Service, DateID.me reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the DateID.me Service.

 

Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

 

Owners of copyrights or their agents that believe anything posted on the DateID.me Service infringes upon said copyrights will submit a notice including the following information pursuant to the Digital Millennium Copyright Act (“DMCA”) to DateID.me immediately upon discovery:

 

a. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the DateID.me Service where the material you claim is infringed is located. Include enough information to allow DateID.me Service to locate the material, and explain why you think an infringement has taken place;

 

b. A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

 

c. Your address, telephone number, and e-mail address;

 

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 information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

 

f. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

Any notices given pursuant to the DMCA shall be given to the designated agent of the Site at info@DateID.me or via registered, United States mail sent return receipt to:

 

DateID.me, INC.
Attn: DMCA Compliance Agent
2340 Powell Street #354
Berkeley, CA 94705

 

Disclaimers. DateID.me is not responsible for any incorrect or inaccurate Content posted in the DateID.me Service, whether caused by DateID.me or by any of the equipment or programming associated with or utilized in the DateID.me Service. DateID.me is not responsible for the conduct of any Member of the DateID.me Service. DateID.me assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of your communications. DateID.me is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Member’s or to any other person’s computer related to or resulting from participating or downloading materials in connection with the World Wide Web and/or in connection with the DateID.me Service. Under no circumstances will DateID.me or any of its employees, directors, officers, parent or subsidiary entities, affiliates, licensees, successors, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the DateID.me Service, any Content posted in the DateID.me Service or transmitted to Members, or any interactions between Members, whether online or offline. The DateID.me Service is provided “AS-IS” and DateID.me expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DateID.me cannot guarantee and does not promise any specific results from use of the DateID.me Service.

 

Sex Offender Registry Map. This DateID connects to a third-party API that provides the locations of registered sex offenders, based on the US Sex Offender Registry database. DateID takes this data and may place it on a map near the last known location of DateID users. DateID has no control over the accuracy of this data and there is no guarantee that every sex offender is in the registry. As a DateID user, you assume all responsibility for your safety and security. 

 

In addition to the preceding paragraph and other provisions of this Terms of Use, any advice that may be posted on the DateID.me Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. DateID.me makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the DateID.me Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

 

Links. The DateID.me Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DateID.me has no control over such sites and resources, you acknowledge and agree that DateID.me 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 DateID.me 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 upon, any such Content, goods or services available on or through any such site or resource.

 

U.S. Export Controls. Software from the DateID.me Service (the “Software”) is further subject to United States export controls. No Software may be downloaded from the DateID.me Service or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Non-disparagement. You agree not to participate or engage in any trade or commercial disparagement of the business or operations of DateID.me and/or any other related entity; not to subvert the business or operations of DateID.me and/or any other related entity; and (c) not to disparage any of the officers, directors or employees of DateID.me You agree that the remedy at law for breach of non-disparagement will be inadequate and that DateID.me shall be entitled to injunctive relief in addition to any other remedy it might have; you shall pay all costs and expenses incurred by DateID.me, including reasonable attorney fees.

 

Jurisdiction and Choice of Law. If there is any dispute arising out of use of the DateID.me Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in the County of Alameda, for the resolution of any such dispute.

 

Limited Liability. With regard to the services to be performed pursuant to the terms of this agreement, DateID.me and its agents or employees shall not be liable to you, for any acts or omissions in the performance of the services on the part of DateID.me or on the part of the agents or employees of DateID.me, except when these acts or omissions are due to their willful misconduct or culpable negligence. You agree that any liability assessed against DateID.me as a result of willful misconduct or culpable negligence shall be limited to the amount paid for services rendered and DateID.me shall not be liable for any other amount including but not limited to interest, penalties, costs, claims, consequential damages or attorney fees.

 

Integration. This writing (together with the Privacy Policy and any supplemental agreements between you and DateID.me) contains the entire agreement between the parties with respect to the use of the DateID.me Service and/or the DateID.me and supersedes all prior oral or written representations, understandings, promises, warranties or agreements that are not included herein. This agreement shall not be amended or modified or any of its provisions waived, unless in writing and signed by the duly authorized representatives of both parties, and any purported oral amendment, modification or waiver, including without limitation, with respect to the provisions of this sentence, shall be void and of no force or effect. Any such written waiver shall apply only to the provision waived and shall not apply to any other provision or to any subsequent default or matter within the provision waived.

 

Indemnity by You. You agree to indemnify and hold DateID.me, its subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the DateID.me Service in violation of the Terms of Use and/or arising from a breach of the Terms of Use and/or any breach of your representations and warranties set forth above.

 

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to these Terms of Use.

 

Miscellaneous. If any provision of the Terms of Use is held invalid, the remainder shall continue in full force and effect. You may not assign any rights or obligations under the Terms of Use, including your obligations thereunder, without the prior written consent of DateID.me. Any purported assignment in violation of this section shall be void.

 

Please contact us with any questions regarding this agreement. DateID.me, Inc. and DateID.me are trademarks of DateID.me, Inc.

 

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