Terms of Service

These Terms of Service (the “Terms”) are a legal contract between you and Identity Fusion, Inc. (“Identity Fusion”, “we”, “us”, and “our”). The Terms explain how you are permitted to use the website located at identityfusion.com, as well as all associated sites linked to identityfusion.com by Identity Fusion, its subsidiaries and affiliated companies (collectively, the “Site”). Unless otherwise specified, all references to “Site” include the content (including all the text, data, information, software, photographs, and more), and services available through the Site, where site visitors can learn about our products and services and purchase courses. (the “Services”).  

By visiting our Site and/or purchasing from us, you agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these Terms, do not access or otherwise use the Site, Services or any information contained on the Site.

ARBITRATION NOTICE

Except for certain kinds of Disputes described in Section 16, you agree that Disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND IDENTITY FUSION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16.)

 

1. Use of Our Services
   We provide various cybersecurity services focused on identity and access management solutions.   Through the Site, you can view and inquire about educational content and workshops provided or hosted by third party affiliates (“Third Party Content Providers”).  Identity Fusion exercises care in selecting Third Party Content Partners that provide the educational content and workshops, but you acknowledge and agree that Identity Fusion has no control over and shall have no liability for the educational content and workshops provided by such Third Party Content Providers.  You agree that in no event shall Identity Fusion accept any liability in contract, tort or otherwise for any injury, damage, accident, loss, delay or additional expenses or inconvenience caused (i) directly or indirectly by the acts, omissions, or default, whether negligence or otherwise, of Content Providers, (ii) by force majeure, or (iii) by any other event which is beyond Identity Fusion’s control.
2. Changes
   Identity Fusion may make changes to the content and Services offered on the Site at any time.  We can change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on this Site.  Any new features or tools that are added to the Site shall be subject to these Terms. You can review the most current version of these Terms at any time on this page.   By using this Site after Identity Fusion has updated these Terms, you are agreeing to all updated Terms; if you do not agree with any updated Terms, you must stop using the Site.
3. Modifications to the Services and Prices
   Prices for our Services are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4. General Use
   

   We invite you to visit our Site and use our Services to explore our cybersecurity services and other content, as well as to inquire about and reserve courses, workshops, training packages, and other services offered. (“Permitted Purposes”).

   By using the Site, you represent and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Identity Fusion if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to Identity Fusion or the Site.

   You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  We reserve the right to refuse Services to anyone for any reason at any time.

   You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

   The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

5. Password Restricted Areas of the Site
   

   For any password restricted areas of the Site, you may provide additional, optional information so that we can provide you a more customized experience when using the Site.  To access such restricted areas of the Site, we may require you to register an account with us.  Once you submit the required registration information to create an account, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current and complete information which can be accomplished by logging into your account and making relevant changes directly or contacting us using the below contact information – and we can make the changes for you.

   You are responsible for complying with these Terms when you access the Site, whether directly or through any account that you setup through or on this Site.  Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Site, as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to access from this Site. Should you believe that your password or security for the Site has been breached in any way, you must immediately notify us via email at privacy@identityfusion.com.

6. Online and Offline Purchases of Courses, Workshops and Training Packages Cancellation and Refund Policy
   

   We reserve the right to modify or temporarily suspend use of the courses, packages or portions thereof. Identity Fusion may also temporarily restrict your access to parts of our Services for maintenance or system administration purposes without notice or liability.  We also reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the Services that we offer. All descriptions of Services or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this Site is void where prohibited.

   Cancellation by You

   Once the applicable courses, workshops, or training packages are scheduled by the parties (or Customer uses the applicable credit toward the purchase of such Services),

   Customer’s cancellation or rescheduling of a course, workshop or training package shall be subject to the applicable cancellation provisions below.

   • For any rescheduling made within ten (10) business days from the course start date, you must reschedule immediately for a current, published course, up to a maximum of six (6) months from the original date.
   • A student may reschedule a class up to two (2) times. Any additional reschedules will not be allowed.
   • Identity Fusion may, in its discretion, waive the Cancellation Fee if Customer reschedules the course or package within twenty-four (24) hours of Customer’s notice of cancellation.

   Cancellation Fees

   • If Customer notifies Identity Fusion, Inc. ten (10) or more business days before the scheduled course or package start date, no cancellation fees apply.
   • If Customer notifies Identity Fusion, Inc. less than ten (10) business days before the scheduled course or package start date, a cancellation fee of 100% of the course or package cost applies.

   Cancellation by Identity Fusion, Inc.

   If Identity Fusion deems it necessary to cancel or reschedule any Training packages, and Services, Identity Fusion shall endeavor to provide a least two (2) weeks’ notice to Customer when possible. In the event of cancelation or reschedule by Identity Fusion, there shall be no forfeiture of applicable fees or credits.

   Student Substitutions

   Customer may substitute an Employee for whom Customer registered the Identity Fusion, Inc. course or package with another Employee, provided that (i) Customer notifies

   Identity Fusion of such substitution within two (2) business days of the relevant scheduled Identity Fusion, Inc. course or package start date, and (ii) such substituted Employee meets the course prerequisites, if any, or is otherwise approved in writing by Identity Fusion, Inc.

7. Payments
   

   You agree to pay all applicable fees related to your use of this Site and the Services. To the extent applicable, we may suspend or terminate your account and/or access to the Services and the Site if your payment is late and/or your offered payment method (e.g. credit card account) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services.

   We understand that you might cancel your account, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due on the account. To make things less complicated, you agree that we may charge any unpaid feeds to your provided payment method and/or send you a bill for such unpaid fees.

   You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

   Accuracy of Billing and Account Information for Online Purchases

   We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

   You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

8. Accuracy, Completeness and Timeliness of Information
   

   We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.

   This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

9. Errors, Inaccuracies and Omissions
   

   Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site and/or Service is inaccurate at any time without prior notice (including after you have submitted your order).

   We undertake no obligation to update, amend or clarify information in the Site and/or Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site and/or Service should be taken to indicate that all information in the Site and/or Service or on any related website has been modified or updated.

10. Electronic Communications
    By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Identity Fusion. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically with satisfy any legal communication requirements, including that such communications be in writing.
11. Links to Third Party Websites
    

    Third-party links on this Site may direct you to third-party websites that are not affiliated with Identity Fusion.  If you use these links, you will leave the Site. If you decide to access any of the third-party websites linked to from the Site, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites or for any other materials, products, or services of third parties.

    We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

12. User Comments, Feedback and Other Submissions
    Any submissions by you to Identity Fusion (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email, blog feedback) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
13. Unauthorized Activities
    

    To be clear, Identity Fusion authorizes your use of this Site and Services only for Permitted Purposes.  Any other use of this Site beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Site.  This is because as between you and Identity Fusion, all rights in this Site remain our property.

    Unauthorized use of this Site may result in violation of various United States and international copyright laws.  Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid.  So, unless you have written permission from Identity Fusion stating otherwise, you are not authorized to use this Site in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

    • For any public or commercial purpose which includes use of this Site on another site or through a networked computer environment;
    • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Site;
    • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
    • To stalk, harass, or harm another individual;
    • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
    • To interfere with or disrupt this Site or servers or networks connected to this Site;
    • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Site; or
    • Attempt to gain unauthorized access to any portion of this Site or any other accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.

    You agree to hire attorneys to defend Identity Fusion if you violate these Terms and that violation results in a problem for us.  You also agree to pay any damages that we may end up having to pay as a result of your violation.  You alone are responsible for any violation of these Terms by you.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

14. Proprietary Rights
    The Site and all content and information relating to or on the Service are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights.  Unless otherwise specified in these Terms, all of the data, pictures, logos, and information, including the arrangement of them on the Site or in connection with the Service are our sole property. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Service and Site. Copying, storing or otherwise accessing the Service or Site, or any content on the Service or Site, other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without our prior written permission.
15. Personal Information and Cookies
    

    Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy which explains how we collect and use your personal information.

    This Site stores cookies on your computer. These cookies are used to improve your website experience and provide more personalized services to you, both on this website and through other media. To find out more about the cookies we use, see our Cookie Policy and Privacy Policy.

16. Dispute Resolution and Arbitration; Class Action Waiver

Please Read This Provision Carefully.  It Affects Your Legal Rights.

Most user concerns can be resolved quickly and to a user’s satisfaction by contacting us at privacy@identityfusion.com. This Provision facilitates the prompt and efficient resolution of any Dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “Dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to Accommodations or Services provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

Please read this Provision carefully. This Provision provides that all Disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).

EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

16.1 Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at privacy@identityfusion.com the following information:

1. (a) Your name,
2. (b) Your address,
3. (c) A written description of Your Claim, and
4. (d) A description of the specific relief You seek.

If We do not resolve the Dispute within 45 days after receiving Your notification, then You may pursue Your Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.

16.2 Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if:

(a) The Dispute qualifies for initiation in small claims court; or

(b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at privacy@identityfusion.com the following information:

(1) Your name;

(2) Your address;

(3) A clear statement that You do not wish to resolve Disputes with Us through arbitration.

Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your Dispute in arbitration or small claims court.

16.3 Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1.800.778.7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in the state of Florida.

Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

16.4 Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of this Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

16.5 Jury Waiver

You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

16.6 Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

16.7 Continuation

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of the Service. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a Dispute between Us arises.

• Disclaimer of Warranties; Limitation of Liability; Indemnification

17.1 Disclaimer of Warranties

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED "AS IS” AND “WITH ALL FAULTS” AND IDENTITY FUSION, INC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (INCLUDING EXPRESS, IMPLIED, AND STATUTORY) WITH RESPECT TO THE SITE INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. IDENTITY FUSION, INC. DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE.

17.2 Limitation of Liability

IDENTITY FUSION SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THESE TERMS, THE PROVIDING OF THE SITE AND/OR SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE AND/OR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE COURSES, WORKSHOPS OR TRAINING PACKAGES, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. 

THIS MEANS THAT WE DO NOT PROMISE YOUT THAT THE SITE IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, we make no warranty that the Site or Services will meet your requirements or that the Site will be uninterrupted, secure, timely, or error free or that defects in the Site or Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Site and Services or as to the accuracy or reliability of any information obtained through the Site.  No advice or information, whether oral or written, obtained by you through the Site or from Identity Fusion or our subsidiaries / other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

• Indemnification

To the maximum extent permitted by applicable law, You agree to release, defend, indemnify, and hold Identity Fusion (including Identity Fusion’s affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and account fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or a feature), (ii) your improper use of the Service, (iii) your interaction with a Third Party Content Provider, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation, or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

• General
• Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

• Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

• Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

• Jurisdiction

We control and operate the Site from the United States of America, and the entirety of the Site may not be are appropriate or available in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to any conflict of laws provisions, and any Disputes arising under or relating to this Agreement shall be subject to the non-exclusive jurisdiction of the courts in the State of Florida, United States. 

• Contact Information

Questions about these Terms of Service should be sent to us at privacy@identityfusion.com.