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ID Card Group makes available for your use on its websites
("Website" or "Site") information, documents,
software and products (collectively "Materials")
and various services offered by ID Card Group, www.IDCardGroup.com
(collectively "Services") subject to the terms and
conditions set forth in this document ("Terms of Use").
By accessing or using this Site, which includes your access
to or use of any Materials or Services, you agree to be bound
by these Terms of Use. If you do not wish to be bound by these
Terms of Use, you may not access or use the Site, Materials,
or any of the Services.
ID Card Group may modify the Materials, Services and Terms
of Use at any time without notice and such modifications shall
be deemed effective immediately upon making such changes.
Additionally, when using particular Services or Materials,
you shall be subject to all posted agreements, guidelines
or rules applicable to such Services or Materials that may
contain terms and conditions in addition to those in the Terms
of Use. All such guidelines or rules are hereby incorporated
by reference into the Terms of Use.
TRADEMARKS: All corporate names, service
marks, logos, trade names, trademarks, websites and domain
names of ID Card Group (collectively "Marks") are
and shall remain the exclusive property of ID Card Group and
nothing in this agreement shall grant you the license to use
such Marks.
COPYRIGHT: All Services and/or Materials
found in the Website are protected by trademark, copyright,
or other intellectual property laws. Any commercial use of
the Services and/or Materials found on the Website is strictly
prohibited, without the express, prior, written consent of
ID Card Group. Any reproduction or redistribution of the Services
and/or Materials not in accordance with the terms set forth
herein is expressly prohibited by law, and may result in severe
civil and criminal penalties.
USE OF SOFTWARE: The Software that is made
available to download from this Site is the copyrighted work
of ID Card Group and/or its suppliers and partners. Use of
such Software is governed by these Terms of Use and the terms
set forth in the applicable end user license agreement that
comes with the Software. You may not reverse engineer, decompile
or otherwise attempt to discover the source code of the software
available on the Website or in the Software.
YOUR CONDUCT: Customer agrees not to use
the Materials and Services in any manner or for any purpose
which constitutes a violation of the laws of the United States
or the laws of any foreign jurisdiction in which the Materials
and Services are being provided.
WARRANTIES AND DISCLAIMERS: HYPERLINKS OR
OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU
TO LEAVE ID CARD GROUP'S SITE. THE LINKED SITES ARE NOT UNDER
THE CONTROL OF ID CARD GROUP AND ID CARD GROUP IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
ID CARD GROUP IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
ID CARD GROUP OF THE SITE OR ANY MATERIALS SOLD ON THE LINKED
SITE. ID CARD GROUP AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE
THE CONTENT OF THIRD PARTY WEBSITES.
ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED
"AS IS". ID CARD GROUP DOES NOT MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY
IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION
PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY.
ID CARD GROUP SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. ID
CARD GROUP DOES NOT WARRANT THAT THE SERVICES OR MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE NOR DOES ID CARD GROUP
WARRANT THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL
BE CORRECTED. ID CARD GROUP DOES NOT GUARANTEE OR WARRANT
THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL
BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER
CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT
PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS
FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING
A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY
LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SERVICES, MATERIALS AND THE INTERNET.
LIMITATION OF LIABILITY: IN NO EVENT WILL
ID CARD GROUP BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS,
OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED
OR HYPERLINKED FROM THE SITE, EVEN IF ID CARD GROUP OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE
SITE.
In the event that a product’s malfunction leads to
injuries or damage to the Materials or Service, to the Customer's
business, the end-user's business, to other equipment, or
residence, or to employees or to other persons, ID Card Group
disclaims all liabilities and, to the extent permitted by
law, shall not be liable for such damages or injuries. Customer
understands and agrees that if ID Card Group shall be found
liable for loss or damage due from failure of ID Card Group
to perform any of ID Card Group’s obligations hereunder
or the failure of the Materials or Service in any respect
whatsoever, the sole and exclusive maximum liability to ID
Card Group arising from any product sold shall be limited
to the price of the product ordered and this liability shall
be the exclusive and sole remedy, and that the provisions
or this section shall apply if loss or damage, irrespective
of cause or origin, results directly or indirectly to person
or property, from performance or non-performance of ID Card
Group’s obligation, breach of express or implied warranty,
or from negligence, active or otherwise, ID Card Group, its
agents, servants assignees or employees. In no event shall
ID Card Group, its directors, officers, employees or other
representatives be liable for special, indirect, consequential,
or punitive damages related to product sold.
INDEMNITY: You agree to indemnify, defend
and hold ID Card Group, its officers, directors, employees,
agents, shareholders, licensors, suppliers, business partners
and any third party information providers to the Site, Services
or Materials from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting
from your use of any Services or Materials, or any violation
of this Agreement by you. Customer shall indemnify, defend
and hold harmless ID Card Group, its employees and agents
for and against all claims, lawsuits and losses from any third
party using the Materials and/or Software under this Agreement.
The provisions of this paragraph are for the benefit of ID
Card Group and its officers, directors, employees, agents,
shareholders, licensors, suppliers, business partners and
any third party information providers to the Site, Services
or Materials. Each of these individuals or entities shall
have the right to assert and enforce these provisions directly
against you on its own behalf.
TERMINATION: You agree that ID Card Group,
in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Services or Materials,
for any reason, or no reason at all. ID Card Group may also
in its sole discretion and at any time discontinue providing
the Materials, Services, or any parts thereof, with or without
notice. You agree that any termination of your access to the
Services or Materials may be effected without prior notice,
and acknowledge and agree that ID Card Group may immediately
deactivate or delete your account and/or bar any further access
to the Services or Materials. Further, you agree that ID Card
Group shall not be liable to you or any third-party for any
termination of your access to the Services or Materials.
DISPUTE RESOLUTION: These Terms of Use shall
be governed and construed in accordance with the laws of the
State of California without regard to its conflict of law
principles. You agree that in any legal action or proceeding
between you and ID Card Group for any purpose concerning this
Agreement, you agree to submit to the sole and exclusive jurisdiction
the state and federal courts of Orange County California and
you expressly waive all defenses to jurisdiction. You agree
that any cause of action or claim you may have with respect
to the Site, Services or Materials is waived unless such action
or claim is commenced within one (1) year after the claim
or cause of action arises.
WAIVER: ID Card Group's failure to insist
upon or enforce strict performance of any provision of these
Terms of Use shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of these
Terms of Use. ID Card Group may assign its rights and duties
under these Terms of Use to any party at any time without
notice to you.
ACCOUNT NUMBER AND PASSWORD: You are responsible
for maintaining the confidentiality of your account number
and/or password. You are responsible for all uses of your
account, whether or not actually or expressly authorized by
you.
PERSONAL INFORMATION AND PRIVACY: To learn
about how ID Card Group protects your personal information,
refer to our Privacy Policy. Please note that any non-personal
information or material sent to ID Card Group will be generally
be deemed to NOT be confidential.
EXPORT CONTROL LAWS: The export and re-export
of ID Card Group Materials are controlled by the export laws
and regulations of the United States, as they may be amended
from time to time. Accordingly, you certify that you are aware
of and will comply with all applicable export rules and regulations,
including the responsibility to obtain a license for the export
or re-export of the Materials to any destination requiring
such a license. In addition, the Materials may not be exported
or re-exported to Cuba, Iran, Sudan, Taliban-controlled regions
of Afghanistan or to any other country to which the United
States prohibits the export of goods, technology or services
or to nationals of those countries, wherever located. Moreover,
neither the Software nor Materials may be distributed to persons
on the Table of Denial Orders, the Entity List, or the List
of Specially Designated Nationals maintained by the U.S. government.
By purchasing the Services and/or Materials you are certifying
that you are not a national of one of the above-listed countries
or of any other country to which the United States embargoes
goods, services or technology and that you are not a person
on the Table of Denial Orders, the Entity List, or the List
of Specially Designated Nationals.
TERMS AND CONDITIONS OF PAYMENT: the prices
listed on the Site are exclusive of any applicable federal,
state, local, or foreign taxes, duties, or charges imposed
by any governmental authority. Customer is responsible for
payment of all applicable taxes, levies and fees. ID Card
Group shall however charge and withhold the applicable taxes
for orders to be delivered to addresses within the state of
California. The Materials and Services hereunder are sold
F.O.B., place of shipment. Customer shall be responsible and
liable for all shipping, media and insurance charges for the
Materials and Services.
Invoices not paid within the specified Payment Terms period
will incur a 1.5% fee of the outstanding amount per month.
The late charge set forth herein shall be automatically reduced
to the maximum lawful rate in the event the forgoing percentage
charge shall be deemed unlawful. The Customer shall incur
a $50 fee for each check returned due to insufficient funds.
The Customer shall reimburse ID Card Group for any and all
attorney fees, penalties, or expenses resulting from Customer’s
failure to make timely payment pursuant to the terms herein.
All payments shall be made in United States dollars.
INTERNATIONAL ORDERS: All orders shipped
to an address outside of the United States including Alaska
and Hawaii (except orders shipped to an address in Canada)
(“International Orders”) require a 100% pre-payment
via money order or wire transfer. Credit Card payments and
checks are not accepted for International Orders.
SERVICE AND SUPPORT: All requests for technical
service and support should be made directly to the manufacturer
in accordance with their terms and conditions.
SEVERABILITY: If any section, term, condition
or portion of these Terms of Use shall be found to be illegal
or void as against public policy, the affected section, term
condition or portion shall be stricken and the remainder of
these Terms and Conditions shall stand as the original.
ORDER ACCEPTANCE POLICY Can be found on
http://www.idcardgroup.com/policies.aspx.
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