Please carefully read these Terms of Use of Self ID, Inc. (“Self” or “we” or “us”). These Terms of Use (or “Terms” or “Agreement”) apply to your use of Self’s website at https://selfid.com (the “Website”. For the avoidance of doubt, the Terms contained herein do not govern your use of any other services offered, or products made available, by Self from time-to-time and at its discretion (“Self Products”). Your use of Self Products, if any, shall be subject to and controlled by separate terms.

“You” means the individual or entity accessing or utilizing the Website. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO YOU AND SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE WEBSITE.
The Website is not intended for the use of children under 18 and no such person is authorized to use them. By using the Website, you are representing that you are at least 18 years old and of legal age to enter into legal agreements.

Self reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes indicates your agreement to and acceptance of the changes. The date of the last update of the Terms is indicated at the top of these Terms.

By using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Website may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, users must safeguard their credentials. Please let us know immediately if you suspect that your credentials have been compromised. Please do not send us any sensitive personal information.

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Website is owned, controlled or licensed by or to Self and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Self’s express prior written consent.

The Self name, the Self logo, and all other related names and logos are trademarks or registered trademarks of Self. All other names and logos on the Website are trademarks or registered trademarks of their respective owners, where applicable. Reference to any third party-owned trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship or endorsement by any owners of such third party-owned trademarks.

You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Website or any services described on the Website either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms. Submissions that constitute feedback, comments or suggestions (collectively, “Feedback”) will be the sole and exclusive property of Self and you hereby irrevocably assign to us all of your right, title and interest in and to all such Feedback, and Self shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Feedback in any manner it chooses. With respect to all other non-Feedback Submissions, you hereby grant Self an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms.

The Website is for your personal use only. In connection with your use of the Website, you agree that you will not:

• infringe, misappropriate or violate Self’s or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• violate any local, state, provincial, national, or other law or regulation, or any order of a court;
• interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• “scrape,” “crawl” or “spider” any web pages or other services contained in the Website;
• display, mirror or frame the Website, or any individual element within the Website, Self’s name, any Self trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Self’s express written consent;
• access, tamper with, or use non-public areas of the Website, Self’s computer systems, or the technical delivery systems of Self’s providers;
• attempt to probe, scan, or test the vulnerability of any Self system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Self or any of Self’s providers or any other third party (including another user) to protect the Website or any of the content on the Website;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;
• use the Website and any Content as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Website is expressly prohibited.

Self reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

The Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Self’s control, and Self is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

To the fullest extent permitted by applicable law, you will indemnify, defend (if requested by Self), and hold harmless Self its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the "Self Parties"), from and against any and all losses, liabilities, claims, demands, damages, judgments, investigations, fines, penalties, settlements, interest, expenses (including attorneys’ fees), or other costs (collectively, “Claims”) that directly or indirectly arise from or are related to any claim, suit, action, demand or proceeding made by, or brought against, any of the Self Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (a) your access to or use of our Website, or your conduct or activities in connection with the Website, (b) your User Content or other feedback; (c) your violation or alleged violation of any laws, rules, regulations, orders, codes, statutes or ordinances of any governmental or quasi-governmental authorities in connection with your use of our Website or your conduct in connection with our Website; (d) information or material transmitted through you or through your account or devices, even if not submitted by you, that violates, infringes, or misappropriates the rights of another (including but not limited to intellectual property rights, publicity or privacy rights); or (e) any misrepresentation made by you. You agree to promptly notify the Self Parties of any third-party Claims, cooperate with the applicable Self Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims. Notwithstanding the foregoing, the Self Parties retain the right to assume the exclusive defense and control of any Claims and have the exclusive right to settle such Claims. You will not settle any Claims without, in each instance, the prior written consent of the relevant Self Party. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Self or the other Self Parties.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE SELF PARTIES BE RESPONSIBLE OR LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, UNLESS OTHERWISE SPECIFIED IN WRITING BY SELF. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES GIVING RISE TO SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE SELF PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, ANY OF THE SELF PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO THESE TERMS OR YOUR USE OF THE WEBSITE, THE TOTAL AGGREGATE LIABILITY OF THE SELF PARTIES FOR ANY AND ALL SUCH CLAIMS, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO $50.BY USING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

You agree that Self may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Website or our services. You also agree that any violation by you of these Terms will cause irreparable harm to Self for which monetary damages would be inadequate, and you consent to Self’s obtaining any injunctive or equitable relief that Self deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Self may have at law or in equity.

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. To the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in New York, New York for the purpose of litigating all such disputes. You also waive your rights to a jury trial. A dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

When you access or use the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions.

These Terms, and any other legal notices published by Self, constitute the entire agreement between you and Self with regard to your use of the Website. If you enter into a separate customer agreement with Self, these Terms shall be read so as to be compatible with such customer agreement. However, to the extent there is an irreconcilable conflict between these Terms and any such terms and conditions in the customer agreement, the provisions set forth in the customer agreement shall control. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of these Terms.

Self’s failure to insist on or enforce strict performance of these Terms shall not be deemed a waiver by Self of any provision or any right it has to enforce these Terms. Any such waiver must be in writing in order to be effective. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

No joint venture, partnership, employment, or agency relationship exists between you and Self as a result of this Agreement or use of the Website.

The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Please email us at legal@selfid.com if you have any questions about these Terms.