COMPANY TERMS OF SERVICE
Last updated: May 28, 2020
Please read these terms and conditions carefully before using our Service. By accessing or using our Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement and to the collection and use of your information as set forth in the Company Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service.
A. DEFINITIONS
1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Company Privacy Policy, available at https://centeridentity.com/privacy-policy) and procedures that we may publish from time to time on the Website.
2. The “Service” refers to the applications, software, products, and services provided by Company.
3. The “Website” refers to Company’s website located at https://centeridentity.com, and all content, services, and products provided by Company at or through the Website. It also refers to Company-owned subdomains of https://centeridentity.com. Occasionally, websites owned by Company may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
4. “Mobile Software” refers to Company’s available software and/or applications designed for mobile devices, used to implement Company’s Service.
5. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age.
6. “Company,” “We,” and “Us” refer to Center Identity, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
7. “Content” refers to content featured or displayed through the Website and Mobile Software, including text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Paid Content” is Content only available to Users who are participating in a payment plan, including premium memberships or subscription plans.
B. ACCOUNT TERMS
1. Required Information
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid membership, https://centeridentity.com/, in which case additional information will be necessary for billing purposes.
2. Account Requirements
We have a few simple rules for accounts on Company’s Service.
You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted.
One person or legal entity may maintain no more than one free account.
United States law requires that you must be age 13 or older. Company does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User's account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
Your login may only be used by one person—i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.
Overall, the number of Users must not exceed the number of accounts you've ordered from us.
3. Mobile Software
As part of the Service, we make available accompanying Mobile Software. To use the Mobile Software https://centeridentity.com/mobile you must have a mobile device that is compatible with the Mobile Software. Company does not warrant that the Mobile Software will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Company account owned or leased solely by you, for your personal use.
We have a few simple rules for our Mobile Software.
You may not modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law.
You may not rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party.
You may not make any copies of the Mobile Software.
You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software.
You may not delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that Company may periodically issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software you have on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement.
4. Location Information Features
There are features designed to collect and share location information about you and other Users. These features require the corresponding Mobile Software to be installed on the device for which location data will be provided, and the features may not work if the settings to allow the collection and sharing of information and location information are not enabled. The features may not work for reasons such as if the device that the https://centeridentity.com/mobile is installed on is not powered on, if location services are turned off, if the Service is not being used or is blocked on the device.
If you use features designed to collect and share location information, the Service will periodically access and collect information about your device and location (such information will be Company Content under this Agreement). By using the features designed to collect and share information, you represent and warrant that you have consented to use our Service and allow it to access and collect such information.
5. User Account Security
You are responsible for keeping your account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your account's security, but the content of your account and its security are up to you.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly https://centeridentity.com/contact if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.
6. Additional Terms
In some situations, third parties’ terms may apply to your use of Company. E.g., you may be a member of an organization on Company with its own terms or license agreements; or you may download an application that integrates with Company. Please be aware that while these Terms are our full agreement with you, other parties’ terms govern their relationships with you.
C. ACCEPTABLE USE
1. Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. Conduct Restrictions
While using Company, you agree that you will not under any circumstances:
harass, abuse, threaten, or incite violence towards any individual or group, including Company employees, officers, and agents, or other Company Users;
use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers;
attempt to disrupt or tamper with Company’s servers in ways that could harm our Website or Service, to place undue burden on Company's servers through automated means, or to access Company’s Service in ways that exceed your authorization;
impersonate any person or entity, including any of our employees or representatives, including through false association with Company, or by fraudulently misrepresenting your identity or site’s purpose; or
violate the privacy of any third party, such as by posting another person’s personal information without consent.
3. Services Usage Limits
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 without Company’s express written permission.
4. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other Company customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.
5. User Protection
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
D. INTELLECTUAL PROPERTY NOTICE
1. Company’s Rights to Content
Company and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website, Mobile Software and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright ©; Center Identity. All rights reserved.
E. PAYMENT
1. Pricing
Our pricing and payment terms are available at https://centeridentity.com/#pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
2. Upgrades, Downgrades, and Changes
We will immediately bill you when you upgrade from a free plan to any paying plan.
If you change from a monthly billing plan to a yearly billing plan, Company will bill you for a full year at the next monthly billing date.
If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
You may change your level of service at any time by choosing a plan option or going into your Billing settings on the Website. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account.
3. Billing Schedule; Refunds
For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively.
You may cancel your account at any time. However, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
4. Authorization
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Company.
5. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Company any charge incurred in connection with your use of the Service. If you dispute the matter, contact https://centeridentity.com/contact . You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.
F. CANCELLATION AND TERMINATION
1. Account Cancellation
It is your responsibility to properly cancel your account with Company. You can  https://centeridentity.com/dashboard going into your user account Settings. The Settings screen provides a simple, no questions asked delete option.
2. Upon Cancellation
All information is purged from our databases when you cancel your account. Information cannot be recovered once your account is cancelled.
3. Company May Terminate
Company has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Company reserves the right to refuse service to anyone for any reason at any time.
4. Survival
All provisions of this Agreement which by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
G. COMMUNICATIONS WITH COMPANY
1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. Legal Notice to Company Must Be in Writing
Communications made through email or Company Support’s messaging system will not constitute legal notice to Company or any of its officers, employees, agents or representatives in any situation where notice to Company is required by contract or any law or regulation. Legal notice to Company must be in writing and served on Company's legal agent.
3. No Phone Support
Company only offers support via email, in-Service communications, and electronic messages. We currently do not offer telephone support.
H. DISCLAIMER OF WARRANTIES
Company provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Company does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
I. LIMITATION OF LIABILITY
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
your use or inability to use the Service;
any modification, price change, suspension or discontinuance of the Service;
the Service generally or the software or systems that make the Service available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the Service;
any other user interactions that you input or receive through your use of the Service; or
any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
J. RELEASE AND INDEMNIFICATION
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including your violation of this Agreement, provided that Company (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Company of all liability); and (3) provides to you all reasonable assistance, at your expense.
K. CHANGES TO THESE TERMS
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website and Mobile Software constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) or the Mobile Software, with or without notice.
L. MISCELLANEOUS
1. Geographic Coverage
Our Service is designed for residents of the contiguous U.S., Alaska, and Hawaii, though some features of the Service may not work in areas outside the wireless service coverage area for the phone that the Mobile Software is installed on.
2. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and Company and any access to or use of the Website or the Service is governed by the federal laws of the United States of America and the laws of the State of Oregon, without regard to conflict of law provisions. You and Company agree to submit to the exclusive jurisdiction and venue of the courts located in the State of Oregon.
3. Arbitration
In the event Company is unable to resolve a dispute with you after 60 days, we each agree to resolve any claim or controversy arising out of or relating to these Terms of Service by binding arbitration. The arbitration will be conducted in Oregon unless Company agrees otherwise. Each party is responsible for paying any filing, administrative and arbitrator fees in accordance with arbitration rules. The award shall include costs, reasonable attorneys’ fees and costs for expert and other witnesses, and any judgment rendered may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts.
4. Non-Assignability
Company may assign or delegate these Terms of Service and/or the Company Privacy Policy https://centeridentity.com/privacy-policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.
5. Section Headings and Summaries
Throughout this Agreement, each section includes titles of the following terms and conditions. These section titles are not legally binding.
6. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
7. Complete Agreement
These Terms of Service, together with the Company Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Company relating to the subject matter of these terms.
8. Contact
Questions about the Terms of Service? https://centeridentity.com/contact.
Center Identity is incorporated in the United States of America.