Terms of Service
Last updated: 2014-11-5
Welcome to the ID.me, Inc. (“ID.ME” or “we” or “us”) Service hosted at www.ID.me and other affiliated websites and mobile phone applications (together, collectively, the “Service”). These Terms of Service and other referenced publications explain how ID.me provides this online service to you (an End User applying for and being granted eligibility to use an ID.me identity credential).
Provision of the Service and your acceptance of all applicable terms and conditions, policies, and all other obligations upon you, will be governed by Delaware law and controlling U.S. Federal law.
Please review the following terms and conditions concerning your use of and access to the service. By accessing and/or using the service and/or downloading any materials or content from the website, you agree to follow and be bound by these terms and conditions (these “terms” or “agreement”).
If you do not agree with these terms, you will not be granted use of the Service.
1. Service Definition
ID.me also offers a service that allows its members to earn cash back on qualifying online purchases made on the websites of participating retailers, service providers, employers or benefits administrators (the “Merchant Partners”) through its cash back rebates program (the “Cash Back Loyalty Program”). ID.me is not responsible for the products or services offered by our Merchant Partners. ID.me is responsible only for establishing and maintaining your account based upon the information you provide, posting the purchase information provided by the Merchant Partners and compensating registered members who request payment of Cash Back Rebates.
Prior to using the ID.me service, you must indicate that you understand and agree to be bound by these Terms of Service. At times of significant service provision events (e.g., credential issuance, reissuance, and/or renewal), you must reaffirm your understanding and agreement to be bound by these Terms of Service.
By using the ID.me service, you expressly agree that:
- your identity, as established by the information and documents that you submit, matches the identity you claim while using the ID.me service;
- all information provided by you is complete and correct; and
- you are affiliated with the groups you attach to your ID.me account.
Your status as an eligible party is a material condition for the continued use of the ID.me service, and any use of the ID.me service by anyone other than an eligible party shall be considered a material misrepresentation. Your status as an eligible party is subject to immediate revocation in the event that ID.me learns of any violation of any terms contained herein, including, but not limited to the prohibited activities set forth below. ID.me reserves all rights to terminate the account and revoke the credentials of any users that are not eligible parties and ID.me reserves the right to seek all other available remedies, in law or in equity.
1 As originally defined in OMB M-04-04
2. General Provisions
Any unauthorized use of the ID.me service or access to this Website, including without limitation for any commercial or competitive purpose is strictly prohibited and may result in suspension or termination of your account.
In addition, you must NOT:
- Falsely claim an identity other than your own or one you are establishing on behalf of another person with their specific authority;
- Falsely claim that you are associated with a particular group;
- Falsely claim that you possess a particular credential;
- Falsely claim to be a service member, a veteran or an immediate family member of a service member or veteran;
- Falsely claim that you are associated with another person or entity;
- Collect information about ID.me, the Website or users of the Website without ID.me’s written consent;
- Modify, frame, render (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Website, without ID.me’s written consent;
- Use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
- Disguise the origin of information transmitted to, from, or through the Website;
3. Use of Website Content
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by ID.me or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of ID.me and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of ID.me and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without ID.me’s prior express written permission.
Except where expressly provided otherwise by ID.me, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of ID.me’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by ID.me. ID.me does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by ID.me.
Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.
5. Links to third party sites
The Service may provide and/or the Website may contain links or have references to websites controlled by parties other than ID.me. ID.me is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. ID.me is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ID.me of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by ID.me. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Except where expressly provided otherwise by ID.me, all comments, feedback, information and data submitted to ID.me through, in association with or in regard to the Service, Website, and/or any other ID.me goods or services (“Submissions”) shall be considered non-confidential and ID.me’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method ID.me sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to ID.me, you agree to assign to ID.me, as consideration in exchange for the use of the Service and Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant ID.me these rights. ID.me shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not ID.me, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, ID.me reserves the right to cancel or suspend your account. Furthermore, ID.me reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using ID.me for improper purposes, or any purpose inconsistent with its business.
7. Cash Back
ID.me’s Cash Back Loyalty Program offers a platform for its members to earn money in the forms of automatic rebates (“Cash Back Rebates”), which are separate and apart from, and in addition to, any other discounts available through ID.me’s Services. The Cash Back Loyalty Program allows ID.me members to shop with our Merchant Partners, and earn Cash Back Rebates. ID.me’s Cash-Back Loyalty Program has three tiers of cash- back commissions for users who shop through ID.me’s website. From the lowest percentage to the highest percentage of cash-back available, ID.me’s commission tiers are labeled Preferred, Premium, and VIP.
VIP status is initially granted to all individuals who register with ID.me for a period of one month plus the number of days remaining until the end of the following calendar month. After this period of time, the VIP status will expire and the user must maintain a Preferred status or higher by accumulating a designated number of points to remain eligible for rewards in the Cash Back Loyalty Program. Points are accrued in a variety of ways, including but not limited to information sharing, social on-site activities, and referring users to ID.me’s Services or by Instant VIP Actions (as defined on the Website).
Cash Back Rebates are automatically earned when members make a qualifying online purchase originating from the ID.me Marketplace with a Merchant Partner. Exclusive Cash Back Rebate offers may be unlocked for certain brands when members verify that they belong to an eligible group, such as the Military. Participating affiliated merchants will have cash back percentages explicitly listed on each of their offers, along with cash back amounts listed on their own Store Offers page within the ID.me Website.
The Cash Back Loyalty Program is offered for our registered users with active accounts who make qualifying purchases (defined below). Users may be required to have Internet access and a valid email address to receive the privileges and benefits of participating in our Cash Back Loyalty Program.
Members may not use scripts or disguised redirects to derive financial benefit from ID.me. Any attempt to accumulate Cash Back Rebates by means of an automated machine or computer, scripts, software computerized or automated process, or through the use of multiple accounts is expressly prohibited. ID.me will cancel a member’s account and that member will forfeit all Cash Back Rebates earned if they are found to be manipulating the system. ID.me reserves the right to pursue such prohibited conduct to the fullest extent of the law. Members must maintain one unique account and any duplicate accounts are subject to cancellation. Determination of what is a unique account and what actions are deemed manipulative is at the sole discretion of ID.me. Duplicate accounts can result in cancellation of account(s).
Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back Rebates, or any misrepresentation of any information furnished to ID.me or its affiliates by you or anyone acting on your behalf may result in the termination of your account and forfeiture of your accrued Cash Back Rebates. If ID.me has any reason to suspect fraudulent activity is associated with your account, ID.me reserves the right to delay or withhold payment of Cash Back Rebates. You give ID.me permission to review your account with Merchant Partners in cases where ID.me suspects fraudulent activity. ID.me is not responsible for lost or stolen payments, including gift cards. ID.me is not responsible for payments delivered to the wrong address through no fault of ID.me or for payment errors made by payment partners.
7.3 Cash Back Rebates
To be eligible for Cash Back Rebates you must first take action to establish your cash back status and then make a qualifying purchase. In order to make a qualifying purchase, you must 1) be 18 years of age or older; 2) have cookies enabled on your web browser; 3) log-in to ID.me with your user name and password; 4) obtain Preferred status, or higher, by accumulating points for sharing information with ID.me; 5) follow a link for an offer from the ID.me Marketplace; 6) add items to your cart; and 7) complete your transaction.
Please note that discount codes, coupon codes or promotion codes that are NOT supplied by ID.me can negate a qualifying purchase. In addition, purchases made with a gift card or gift certificate as part of the payment and purchases of drug prescriptions (for users or their pets), extended warranty products, recurring monthly subscriptions (excluding magazine subscriptions from magazine subscription websites), trial and free products, and back-ordered items may also negate a qualifying purchase. Please review merchant offer terms for any offer of interest to you, and comply with their terms to earn cash back.
Additionally, to earn Cash Back Rebates, you must make your qualifying purchase within the same shopping session you start after clicking the Merchant Partner link on ID.me’s Website. If you visit other sites before completing your purchase or use coupons not provided by ID.me, your purchase may be associated with a service other than ID.me and you might not earn cash back on your purchase. If you disable “cookies” on your computer you will not be able to earn Cash Back Rebates as cookies are used to authenticate a user and to be certain Cash Back Rebates are assigned to the appropriate Member account.
ID.me makes no guarantee that cash back will be rewarded on purchases even if all steps are followed for a qualifying purchase. When a rebate inquiry claim is filed by a member, ID.me customer support will investigate the issue and will seek a resolution, but ID.me will not offer the rebate in question unless the merchant agrees to pay ID.me for that particular rebate. If after four (4) weeks, a merchant does not resolve the rebate issue, this will constitute non-payment from the merchant and the rebate inquiry cannot be paid.
Determination of whether or not a purchase made through an ID.me Merchant Partner is a qualifying purchase is at the sole discretion of ID.me. ID.me is not responsible for tracking problems resulting from incorrect usage of the ID.me Service, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, merchant partner errors/omissions or from any other failure of tracking mechanisms.
7.4 Earning Bonuses, Other Rewards and Use of Online Coupons
Specific cash back amounts vary, as described on the Website, depending on a number of factors, including but not limited to whether a user has accrued enough points to garner a Preferred, Premium or VIP status, specified action(s) a user performs with ID.me, social activities a user undertakes within the Website, referrals of other users to ID.me, and user purchases from participating stores and product categories. ID.me or ID.me partners may periodically offer monetary bonuses or other rewards when members provide more information about themselves or verify that they are a member of an eligible group. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement.
ID.me also provides online coupons as a free service to its members. These online coupons are uploaded into our website by our administrative staff. ID.me is not responsible for the redemption, errors/omissions or expiration of online coupons and it is the member’s responsibility to make sure that a discount, percentage off, special pricing or free offer is present in the checkout process of an affiliate merchant. Coupons are generally not valid with any other offer from a specific merchant unless otherwise noted.
All offers and promotions on this Website are subject to change without notice. ID.me provides a venue for obtaining the information contained in its Services and has no control over the legality of any coupons or other offers made by affiliated merchants, the ability of any of the affiliated merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the affiliated merchants. ID.me has no control over whether affiliated merchants will honor the offers shown on the Website and does not guarantee the accuracy or completeness of the information contained in this Website. In the event you have a dispute with a vendor in any way relating to the Services or the use of information from this Service, you agree to waive and release ID.me from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
Cash Back Rebates received under the Cash Back Loyalty Program may not be assigned or transferred to any third party except as expressly permitted by ID.me in writing. The sale, transfer, lending, exchange, pooling or barter of any Cash Back Rebates, other than by ID.me, is expressly prohibited. Any Cash Back Rebates assigned, sold, or otherwise transferred in violation of this Agreement may be forfeited or canceled. Any violation of the foregoing restrictions is grounds for account termination and forfeiture of all Cash Back Rebates.
7.5 Receiving Payment
To receive payment of accrued Cash Back Rebates and any other awards, you must establish and maintain an active account with ID.me with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, your first and last name, and a password to protect your account. To maintain your account, you must update your information if it changes and have shopped via ID.me’s Website or Application or have accrued Cash Back Rebates at any time within the last twelve (12) months.
Cash Back Rebates (“Rebate Payment”) that are designated as “Available” in your account will be automatically disbursed to you when you have a minimum of $10.00 in your account by the end of a purchase period provided that ID.me has the necessary information on file to disburse such payments (mailing address, bank account information or other means identified by ID.me). ID.me pays members in U.S. dollars via check by default, with other optional payment methods available for enrollment as provided by ID.me. Payments are disbursed according to the schedule provided in the FAQ on the ID.me Website. The checks will be mailed to the mailing address that the user supplies as part of the payment request process. If your check expires, without being cashed or deposited, or if it’s returned to ID.me, you forfeit your right to the funds and ID.me is relieved of any further liability for payment of the forfeited funds. However, at its discretion, ID.me may elect to credit the forfeited funds to the user’s account, where they will be subject to inactive account maintenance charges described below. Pursuant to Inactive Accounts provision set forth below, new checks may not be issued to inactive accounts absent further action from the account owner to update their address, request a new check or otherwise provide necessary information required for ID.me to disburse payments. The minimum payment amount is $10.00, balances below $10.00 remain in your account for potential payment during the next payment period. ID.me. is not responsible for lost mail or any other event beyond ID.me’s control that would prevent the user from receiving their payment check.
7.6 Product Pricing
ID.me posts product pricing in various sections of the Website. While ID.me makes every effort to post accurate pricing, any individual product price displayed on ID.me is subject to change and the final price of a product is determined at the Merchant Partner’s website. ID.me is not liable for pricing errors.
7.7 Account Adjustments
Cash Back Rebates awarded to you are subject to adjustments for returns and cancellations, ID.me’s receipt of information and payments for such qualified purchases from Merchant Partners, and other events. ID.me reserves the right to make adjustments to user’s accounts at any time in accordance with this agreement. If you disagree with any adjustments made to your account, please contact ID.me at email@example.com.
ID.me is not responsible for changes to, or discontinuance of, any Merchant Partner, or any Merchant Partner’s withdrawal from the Cash Back Loyalty Program, or for any effect on accrual of Cash Back Rebates caused by such changes, discontinuance or withdrawal.
7.8 Inactive Accounts
Your account will be considered “inactive” if for twelve (12) consecutive months: 1) no activity has been conducted on your account, or; 2) if you fail to provide updated or accurate contact information to complete payments of your Cash Back Rewards. If your account is deemed “inactive”, ID.me reserves the right to debit your ID.me account balance two dollars ($2.00) per month to recover the cost of account maintenance until: (i) you reactivate your account by starting a shopping session via ID.me’s Website or Applications, completing a qualifying purchase, or updating your account with information, or; (ii) your account balance is zero. If the balance in your inactive account is or becomes zero, ID.me will cease to maintain your account’s Cash Back records and access to its Cash Back Loyalty Program and may, at its discretion, also close your account permanently. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to ID.me.
7.9 Using ID.me Applications
Members can earn Cash Back Rebates on their purchases only by using the ID.me Website. ID.me plans to make available a limited number of Applications to assist users in earning Cash Back Rebates without visiting the Website (for example, from mobile devices). If you use ID.me’s Applications you agree to use them only for your personal use and for accessing the Cash Back Rebate. ID.me reserves the right to update or discontinue its Applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of ID.me Applications for any reason. You may not rent, sell or sublicense ID.me’s Applications without ID.me’s prior written consent.
ID.me Applications and their underlying information and technology may not be exported or re-exported into any country to which the US has embargoed goods or 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 using ID.me’s Applications 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 and that you will otherwise comply with all applicable export control laws. All rights to ID.me’s Applications are reserved by ID.me under the copyrights law of California.
Persons under the age of 18 may not use the Service or Website. The Service and Website are neither intended for nor designed to be used by anyone under the age of 18.
9. Limitation of liability
In no event shall ID.me be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential Damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, Content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the website and the ID.me service, regardless of cause, whether in an action in contract or negligence or other tortuous action, even if the party From whom damages are being sought has been previously advised of the possibility of such damages. The limitation of liability set forth in this section shall not apply in the event of customer’s breach, or related to its indemnity obligations. This paragraph shall not affect the rights listed below in the section titled “Indemnities”. To the extent allowed by law, in no event shall the aggregate liability of ID.me exceed $1,000.00.
9. Licenses from ID.me
You are being granted solely a revocable, limited license, in compliance with these terms.
10. Licenses from you
12. Representations and warranties
Each party represents and warrants that it has the power and authority to enter into these Terms. ID.me warrants that it will provide the Website and ID.me Service in a manner consistent with its business practices, as ID.me, in its sole and absolute discretion, deems fit. You represent and warrant that any information you provide in connection with the ID.me Service is accurate and current and that you have the right to provide such information.
13. Disclaimer of warranties
Except where expressly provided otherwise by ID.me, the ID.me service and the website are provided “as is” and “as available.” Except for the express warranties set forth herein, ID.me hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the ID.me service and website including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, Except to the extent that such disclaimers are held to be legally invalid. ID.me makes no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the website and the ID.me service and/or materials associated therewith, or the results you may obtain by accessing or using the website and/or the ID.me service and/or materials associated therewith. Without limiting the generality of the foregoing, ID.me does not represent or warrant that (a) the operation or use of the website, ID.me service or materials will be timely, secure, uninterrupted or error-free. You acknowledge that ID.me controls the transfer of data over communications facilities, including the internet, and that the website and ID.me services may be subject to limitations, delays, interception and other problems inherent in the use of such communications facilities. ID.me is not responsible for any delays, delivery failures, or other damage resulting from such problems.
You shall defend, indemnify and hold ID.me harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim by a third party related to your use of the Website or the ID.me Service.
15. Your responsibilities
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website and ID.me Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which ID.me controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
You are responsible for maintaining accurate account information at all times, including valid email address information. Members are also responsible for reviewing their account balance on a regular basis and for checking to ensure that all cash back awards have been made properly. You are responsible for keeping your email address, passwords, account numbers, and other account information confidential. ID.me is entitled to act on instructions received under your username and password. ID.me is not responsible for any credits or debits made to your account by someone else who uses your password. ID.me will not be responsible for any losses or liabilities incurred through the use of your password by a third party.
You are responsible for reviewing your account balance on a regular basis, and for checking to ensure that all ID.me Cash Back Rebates has been properly credited to your account. If a discrepancy occurs in your ID.me Cash Back Loyalty Program account, such as a rebate not being credited to the account, then you must contract ID.me at firstname.lastname@example.org, within sixty days (60) of the purchase/order date from a Merchant Partner. If you fail to contract ID.me within that sixty (60) day period, such purchase/order shall be deemed to be accurate and hereby waive any right to dispute said purchase/order.
You are responsible for any taxes that may be due on ID.me Cash Back Rebates redeemed by you. Cash Back Rebates have no cash value until such time as you request and receive a payment. Prior to then, you shall have no property rights or other legal interest in ID.me Cash Back Rebates.
ID.me may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in ID.me’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in ID.me’s account information. You may give notice to ID.ME at any time by letter sent by confirmed facsimile to ID.ME, fax number (202) 600-7611 or by letter delivered by registered mail with return receipt to: ID.me, Inc. 8281 Greensboro Drive, Suite 600, Tysons Corner, VA 22102. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website. Furthermore, ID.me complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to ID.me, Inc.’s designated agent via email at email@example.com or via registered US mail sent return receipt to: DMCA Compliance Agent, ID.me, Inc., 8281 Greensboro Drive Suite 600, Tysons Corner, VA 22102.
17. Miscellaneous provisions
Any action related to these Terms will be governed by Delaware law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms, the Service, or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in the District of Columbia and to arbitration as stated herein. At the request of ID.me, any controversy or claim related to these Terms (“Claim”) may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though these Terms provide that it is governed by the laws of Delaware. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in the District of Colombia. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of ID.me, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of these Terms. This paragraph does not limit the right of ID.me to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any dispute (whether or not arbitrated), the prevailing party shall be entitled to reasonable costs and attorneys’ fees.
These Terms represents the parties’ entire understanding relating to the use of the Service and the Website, and supersedes any prior or contemporaneous, conflicting or additional, communications. ID.me reserves the right to change these Terms or its policies relating to the Website and ID.me Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. If we make material changes to this policy, we will notify you here, by email, or by means of notice on our home page. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website and ID.me Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between ID.me and you as a result of these Terms or use of the Website. You may not assign these Terms without the prior written approval of ID.me. Any purported assignment in violation of this section shall be void. ID.me reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by ID.me.
18. Intellectual property notices
Elements of the Website and Service are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by ID.me.
The ID.me trademarks and/or other ID.me identifiers referenced herein are trademarks of ID.me and/or its affiliates, and may be registered in certain jurisdictions.
19. Legal contact information & Member Support
If you have any questions about these Terms, or if you would like to request permission to use any of ID.me’s Materials, please contact our Member Support desk at firstname.lastname@example.org or call 866-775-IDme (4363).
Copyright © 2015 ID.me, Inc. All rights reserved.