PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS
(“T&C”) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE.
BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE
T&C. IF YOU DO NOT ACCEPT THESE T&C, THEN DO NOT USE THE
SITE.
www.idbadgecenter.com (“Site”) is owned by Integrated ID
Systems, Inc. (“IIDS”) and is currently provided free of
charge to users who agree to abide by these T&C.
IIDS
reserves the right to change the nature of this relationship
at any time, and to revise these T&C from time to time as
IIDS sees fit. Users who violate these T&C will have their
access canceled and they may permanently be banned from
using the Site. Users should check these T&C periodically.
By using the Site after we post changes to these T&C, you
agree to accept those changes, whether or not you actually
reviewed them.
USERS/PARTICIPANTS
We do not discriminate on the basis of age, race,
national origin, gender, sexual orientation or religion.
No person under the age
of 13 should use the Site without the consent of their
parent or legal guardian. We strongly encourage all parents
and guardians to monitor the Internet use by their
children. Use of the Site by any user shall be deemed to be
a representation that the user is 13 years of age or older.
COOKIES
“Cookies” are small encrypted data files (containing
references to user ID information supplied by the user and
stored on our secure server) that may write to your hard
drive once you have accessed a website. IIDS uses cookies to
enhance your shopping experience with us. Cookies are used
to keep track of your shopping cart and to save your
password so you do not have to reenter it each time you
visit the Site. To learn more about how we protect customer
information, please review our Privacy Statement.
COPYRIGHTS, TRADEMARKS & RESTRICTIONS
The material included herein, including site design,
text, graphics, and the selection and arrangement thereof
are copyrighted © by Integrated ID Systems, Inc. ALL RIGHTS
RESERVED. Trademarks and all page headers, custom graphics,
and custom icons are service marks and trademarks of IIDS.
All other trademarks, product names, and company names or
logos cited herein are the property of their respective
owners.
The Site and all materials on the Site, including, but not
limited to, images, illustrations, posts, audio clips and
video clips (the “Materials”) are the property of IIDS and
its affiliates and licensors and are protected from
unauthorized copying and dissemination by copyrights that
are owned or licensed by IIDS and by copyright law, trademark
law, international conventions and other intellectual
property laws. You may not reproduce, perform, create
derivative works from, republish, upload, post, transmit, or
distribute in any way whatsoever any Materials from the Site
(or any other website owned or operated by IIDS or its
subsidiaries or affiliates) without IIDS’ prior written
permission. However, you may print in hard copy portions of
the Site with the sole intent of placing an order with IIDS
or applying for credit. Printing Materials for any other
reason, or transferring Materials for use on any other
website, or the modification, distribution, or republication
of Materials without IIDS’ prior written permission is
strictly prohibited. Any modification of Materials, or any
portion thereof, or use of Materials for any other purpose
constitutes an infringement of trademark, copyright and/or
other proprietary rights of IIDS or third parties.
LINKS
IIDS is not responsible for the content of any
unaffiliated websites that may be linked to or from the
Site. These links, if any, are provided for your
convenience only and you access them at your own risk. Any
other website accessed from the Site is independent from
IIDS, and IIDS has no control over the content of that other
website. In addition, a link to any other website does not
imply that IIDS endorses or accepts any responsibility for
the content or use of such other website. In no event shall
any reference to any third party or third party product or
service be construed as an approval or endorsement by IIDS of
that third party or of any product or service provided by a
third party.
PRIVACY ISSUES
IIDS is concerned about privacy matters for its
customers. To learn more about how we protect customer
information, please review our
Privacy Statement.
PRODUCT AND SERVICES INFORMATION
Most products (and some services) offered on the Site
may be available through distributors, catalogs and other
channels of distribution in the United States and elsewhere,
however, prices and availability may vary. Prices shown on
the Site apply to products and services on the Site. Price
and availability are subject to change without notice.
We attempt to display all products shown on the Site in an
accurate manner, however, because of the technical
differences in the equipment of our customers, we cannot be
responsible for photographic differences in size, shape and
color of the products.
The receipt of an email order confirmation is simply a
recognition that we have received your requested order, and
does not constitute an offer to sell. We reserve the right
to limit the quantity of any item sold, or prohibit a sale
altogether, including, but not limited to, prohibiting sales
to resellers.
ONLINE PAYMENT
To the extent you utilize IIDS’s online
payment services, you acknowledge that there cannot be a
guarantee that communications or payment transactions
conducted online will be absolutely secure. You further
acknowledge that there may be system failure that may limit
your ability to use the online payment services. You agree
to assume all risk and liability arising from your use of
IIDS’s online payment services, including the risk of breach
in the security of the communications or transactions you
conduct with IIDS online. IIDS’s online payment services are
provided "As Is" without warranty of any kind, whether
expressed or implied, including without limitation the
implied warranties of merchantability fitness for a
particular purpose or otherwise.
You are solely responsible for
maintaining the confidentiality of your password, and agree
that IIDS will have no obligations with regard thereto. You
agree not to give your password to anyone. If you believe
your password has been lost or stolen or someone has gained
access to your password without your permission, email us
immediately at
support@idbadgecenter.com. If you use a third party
vendor (or distributor) to pay your IIDS payment and you
disclose to such vendor your username, password, account
number, IIDS will not be responsible for the accuracy and
timeliness of processing your payment.
For purposes of identification, payments
and marketing, you agree to provide IIDS with current,
accurate, complete, and updated information required by the
registration for online payment, including legal name,
address, telephone number(s), and applicable payment data
(e.g., credit card or bank account number). You agree to
notify IIDS immediately of any changes in your registration
data. Proceeding with the registration process indicates
your intent to comply with these terms and conditions. Please review our
Privacy Policy.
By accepting these terms and conditions,
you acknowledge that IIDS will initiate an ACH debit or
credit card debit to the payment account(s) that you have
provided.
NOTICE AND TAKE DOWN
PROCEDURES
If you believe any Materials on
the Site infringe your copyright or trademark rights, you
may request such Materials be removed by following the
notice and take down procedures of the Digital Millennium
Copyright Act. To follow those procedures, contact
IIDS’
copyright agent (identified below) and provide the following
information: A clear statement identifying the works, or
other materials believed to be infringed.
- A statement from
the copyright holder or authorized representative that
the Materials are believed to be infringing.
- Sufficient
information about the location of the allegedly
infringing Materials so that IIDS can find and verify its
existence.
- Your name,
telephone number and e–mail address.
- A statement from
you under penalty of perjury that the information
supplied is accurate, and that you are authorized to act
on the copyright owner’s behalf.
- A signature or the
electronic equivalent from the copyright holder or
authorized representative.
IIDS’ agent for notice
of copyright issues on the Site can be reached as follows:
Integrated
ID Systems, Inc.
6407
Idlewild Road, Suite 110
Charlotte, NC 28212
Attn: Legal Department
(ref: Intellectual Property Infringement)
CONDUCT OF USERS
You agree that you will not: (i)
transmit via or through the Site any information, data,
text, files, links, software, chat, communication or other
materials that is or which IIDS considers to be unlawful,
harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, racially or ethnically hateful or otherwise
objectionable; (ii) attempt to transmit any “virus”, “trojan
horse” or other software destruction or disruption device;
(iii) intentionally or unintentionally violate any
applicable local, state, national or international law,
including but not limited to, any regulations having the
force of law while using or accessing the Site or in
connection with your use of the Site, in any manner; and
(iv) invade the privacy or violate any personal or
proprietary right (including intellectual property rights)
of any person or entity.
INDEMNITY
By using the Site, you agree to indemnify IIDS, its
officers, directors, employees, agents, successors,
subsidiaries, agents, distributors, affiliates and third
parties providing information or services on the Site
(collectively, the “IIDS Parties”), for any and all claims,
damages, losses, liabilities and causes of action (including
expenses and attorneys’ fees) incurred by them arising out
of or relating to your breach or alleged breach of these T&C
(including without limitation, claims made by third parties
for infringement of intellectual property rights). You
agree to cooperate as fully as reasonably required in the
defense of any claim. IIDS reserves the right to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you.
DISCLAIMER, LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY IIDS ON AN “AS IS” AND “AS
AVAILABLE” BASIS. IIDS MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF
THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR
VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR (3)
WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE
CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF
TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE. IIDS IS NOT RESPONSIBLE FOR PRINTING
OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE
OF THE SITE IS AT YOUR SOLE RISK.
THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS,
STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS
AND ORGANIZATIONS. NONE OF THE IIDS PARTIES REPRESENTS OR
ENDORSES THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY
ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED,
UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE
THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR
INFORMATION WILL BE AT YOUR SOLE RISK.
NONE OF THE IIDS PARTIES IS RESPONSIBLE OR LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER
INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON
THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL
LIABILITY OF THE IIDS PARTIES TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE,
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TERMINATION
IIDS may, in its sole discretion, terminate or suspend
your access to all or part of the Site, for any reason,
including without limitation, breach of these T&C. In the
event these T&C are terminated, the restrictions regarding
Materials appearing on the Site, and the representations and
warranties, indemnities, and limitations of liabilities set
forth in these T&C will survive termination. In the event
that you are unsatisfied with the services provided by IIDS,
your sole remedy is to terminate your use of the Site.
JURISDICTION
IIDS operates the Site from its offices within the United
States. IIDS makes no representations that content and
materials on the Site are legal or appropriate for use from
outside the United States. If you choose to access the Site
from other locations, you do so at your own risk and are
responsible for compliance with any and all local laws. You
may not use the Site in violation of U.S. export laws and
regulations. These T&C will be governed by and construed in
accordance with the laws of the state of North Carolina, as
it is applied to agreements entered into and performed
therein, and excluding (i) the United Nations Convention on
Contracts for the International Sale of Goods; (ii) the 1974
Convention on the Limitation Period in the International
Sale of Goods; and (iii) the Protocol amending the 1974
Convention, done at Vienna April 11, 1980. Any action
brought to enforce these T&C or matters related to the Site
will be brought in either the state courts in Mecklenburg
County, North Carolina, or the federal courts for the
Western District of North Carolina, Charlotte Division;
provided, however, that notwithstanding anything contained
in these T&C to the contrary, IIDS shall have the right to
institute judicial proceedings against you or anyone acting
by, through or under you, in order to enforce IIDS’ rights
hereunder through reformation of contract, specific
performance, injunction or similar equitable relief. Any
claim or cause of action you have with respect to use of the
Site must be commenced within one (1) year after the claim
arises. If any provision of these T&C is deemed void,
unlawful, or otherwise unenforceable for any reason, that
provision will be severed from these T&C and the remaining
provisions of these T&C will remain in force. These T&C
constitute the entire agreement between you and IIDS
concerning your use of the Site.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any
comments, ideas, notes, messages, suggestions or other
communications sent to the Site shall be and remain the
exclusive property of IIDS, and we may use all such
communications in any manner, including reproducing,
disclosing and publishing such communications, all without
compensation to you. Should you have any questions or
complaints regarding violations of these T&C, please contact
us.
