Updated: October 31, 2011
This is a legal agreement between you and myID.com™ for Services for the Customer or someone (e.g., the Customer's child) that the Customer has designated to be the subject of the Services provided by myID.com™(the "Named Party"). By using the myID.com site generally or the privacy-alerting services (the "Services", "Service") via the website www.myID.com ("Site"), or any services of SafetyWeb, Inc. (also referred to as "myID.com™", "we," "us") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
These Terms of Service and our Privacy Policy (http://www.myid.com/privacy-policy), which is incorporated into this Agreement by this reference, govern access to and use of the Site, including any content, information, products or Services therein for you ("you", "your", the "Customer"). myID.com™ reserves the right, in its sole discretion, to modify, discontinue or terminate the Site and Services, or modify these Terms of Use without advance notice. If we modify these Terms of Use, we will give you notice of the new terms on the Site.
If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Site and discontinue use of the myID.com™ Services immediately.
1. Registration. In order to access certain features of the Site and Services, you will have to create a myID.com™ account and become a "Member". To become a Member you must be at least 18 years of age. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify myID.com™ of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.
2. Access to the Services. Following registration, the Services allow you to create User Profiles. Subject to and as set forth in these Terms of Service, myID.com™ hereby grants you permission to access the Site use the Services for your personal, non-commercial use, provided that:
3. Access to Information; Accuracy. If you purchase any of the Services, then you agree to provide the information required by the service. You must truthfully and accurately represent your identity in subscribing and using the Company's Services. The better the information you provide the better results you'll see. You further authorize us to use your information to search the Internet and the "deep web" using any tools available. You authorize and instruct, as required to provide the Service, myID.com™ to obtain, monitor and compile your "non-public personal information", "personal information," and "highly restricted personal information" about you as defined by the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and Drivers Privacy Protection Act (18 U.S.C. § 2721 et seq.), respectively, and other personal information.
4. Payment: You understand and accept that myID.com™'s products are subscription products that operate on an auto-renewal basis such that your credit card, debit card, electronic payment, or other method of payment will be assessed the specified fees at regular intervals, as described on our website. With the exception of the terms provided under the 7 Day Money Back Guarantee, all sales of all myID.com™ services are final. myID.com™ shall give no refunds to any party for any amounts paid for services, including without limitation any service charges or fees.
5. 7 Day Money Back Guarantee. At myID.comTM we are committed to providing the highest quality service and assistance to our members. If you are not completely satisfied, login and cancel within seven (7) days of enrolling in our product and we will refund your membership fee, which is the amount billed to your account every month or year. This guarantee is available to first time myID.com™ members. The money back guarantee is available to members who enroll in the Product and are billed immediately for their membership. The money back guarantee is not available to members who enroll in a free trial and who are billed at the end of that free trial.
6. Termination; Cancellation
7. Third Party Links. The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that myID.com™ is not responsible or liable for the availability or accuracy of, and myID.com™ does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
8. User Restrictions. The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
9. WARRANTY DISCLAIMER. YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. MYID.COM™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. MYID.COM™ DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM myID, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of myID.com™'s Liability. IN NO EVENT WILL MYID.COM™, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MYID.COM™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL myID'S CUMULATIVE LIABILITY TO YOU EXCEED $500.
11. Indemnification. You agree to defend, indemnify, and hold myID.com™, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, and Content; (ii) false or inaccurate representation of your identity during registration, (iii) your violation of these Terms of Service; or (iv) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
12. General. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and myID.com™ that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Denver County, Colorado. These Terms of Service, and any other legal notices published by us on the Site, shall constitute the entire agreement between you and myID.com™ concerning the Site and the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and myID.com™'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
13. Dispute Resolution. In the unlikely event that you have a problem or difficulty with myID.com™ or the Services please contact us at help@myID.com. You must make a good faith effort to work out problems with us directly before invoking legal process. Similarly, we'll make reasonable business efforts to work out problems directly with you before we take other steps.
We appreciate your taking the time to read through our Terms of Service.