Terms Of Use
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.