Terms of Service

Version: 8.7.0

Last updated: 2017-03-10

Welcome to the ID.me, Inc. (“ID.ME” or “we” or “us”) Service hosted at www.ID.me and other affiliated websites and mobile phone applications (together, collectively, the “Service”). These Terms of Service and other referenced publications explain how ID.me provides this online service to you (an End User applying for and being granted eligibility to use an ID.me identity credential).

1. Your Agreement to these Terms of Service

Provision of the Service and your acceptance of all applicable terms and conditions, policies, and all other obligations upon you, will be governed by Delaware law and controlling U.S. Federal law.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS OF SERVICE INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH ID.ME.

Please read these Terms of Service carefully. By signing-up to use ID.me’s services you acknowledge that you have read, understood, and agreed to be bound to all the terms of these Terms of Service . If you do not agree to these terms, exit this page and do not access or use the Service or Website.

Global Minimum Age Requirements: Persons under the age of 13 may not use the Service or Website. The Service and Website are neither intended for nor designed to be used by anyone under the age of 13. The Website and Services are intended solely for persons who are 13 years of age or older. Any access to or use of the Website or Service by anyone under 13 years of age is expressly prohibited. By accessing or using the Website or Service, you represent and warrant that you are 13 years old or older. If you are under the age of 18, you must have your parent or legal guardian set up your account and your parent or legal guardian must agree to the Terms of Service set forth herein. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review the Terms of Service for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to the Terms of Service. As designated below and on the Website, certain features offered by the Website and/or Service (including, without limitation, the Cash Back Loyalty Program or those features linking financial or payment accounts and/or requiring submission of social security numbers) are only available to users who are 18 years of age or older.

If we decide to change these Terms of Service ,we will post material changes to this page so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will also send notification of any material changes to your email address of record.

Your continuing use of ID.me’s services after we have notified you of any changes to these Terms of Service shall indicate your agreement to all changes.

If, at any time, you do not agree to any terms of ID.me’s applicable Terms of Service you may close your account.

2. Service Definition

The ID.me service provides users (eligible parties) with a simple and secure way to remotely verify their identities and affiliations (e.g., veterans, first responders, and members of other designated groups) once and then share their identity and associated attributes at their discretion with relying parties (service providers). ID.me protects a user’s identity while simultaneously providing a level of assurance to businesses and government agencies that the user’s identity and attributes associated with that identity are verified, based upon widely-recognized Assurance Levels.1 These assurances allow for both interested parties to confidently complete transactions in a secure digital environment. In addition, ID.me provides its registered users (“members”) access to certain exclusive benefits, including without limitation, deals, discounts, cash back rebates and employment and educational opportunities, offered by participating retailers, service providers, employers, benefits administrators, and municipal, state and federal government agencies. Additional benefits and discounts may be offered to eligible parties, including our nation’s veterans, first responders, and members of other designated groups. To verify your status as an eligible party to receive these discounts and benefits, you will be required to provide us with certain personally identifiable information and sensitive information as described in our Privacy Policy. By providing us with this information, you understand, agree, and authorize us to use such information to verify your eligibility, which shall include, but not be limited to, sharing such information with certain third party entities who are capable of verifying your status as an eligible party, to relying parties that wish to offer certain access privileges to you upon the receipt of your explicit consent, and as detailed in our Privacy Policy. You will be asked to authorize the release of the specific identity attributes required by the relying party prior to the release of any information. You may revoke subsequent access to this information by ID.me or by any relying party at any time by accessing your account settings.

ID.me also offers a service that allows its members to earn cash back on qualifying online purchases made on the websites of participating retailers, service providers, employers or benefits administrators (the “Merchant Partners”) through its cash back rebates program (the “Cash Back Loyalty Program”). ID.me is not responsible for the products or services offered by our Merchant Partners. ID.me is responsible only for establishing and maintaining your account based upon the information you provide, posting the purchase information provided by the Merchant Partners and compensating registered members who request payment of Cash Back Rebates.

Prior to using the ID.me service, you must indicate that you understand and agree to be bound by these Terms of Service. At times of significant service provision events (e.g., credential issuance, reissuance, and/or renewal), you must reaffirm your understanding and agreement to be bound by these Terms of Service.

By using the ID.me service, you expressly agree that:

  1. your identity, as established by the information and documents that you submit, matches the identity you claim while using the ID.me service;
  2. all information provided by you is complete and correct; and
  3. you are affiliated with the groups you attach to your ID.me account.

Your status as an eligible party is a material condition for the continued use of the ID.me service, and any use of the ID.me service by anyone other than an eligible party shall be considered a material misrepresentation. Your status as an eligible party is subject to immediate revocation in the event that ID.me learns of any violation of any terms contained herein, including, but not limited to the prohibited activities set forth below. ID.me reserves all rights to terminate the account and revoke the credentials of any users that are not eligible parties and ID.me reserves the right to seek all other available remedies, in law or in equity.

To make it easier for you to enter your address, ID.me uses Google Maps APIs. By using the ID.me Service, you are agreeing that you are bound to the Google Terms of Service and Google Privacy Policy.

ID.me’s Credential Policy gives further details of how we issue and manage your identity credentials, including the information we require to prove your identity and the checks we make in performing these verifications (identity proofing). In addition, ID.me’s Privacy Policy tells you how we protect the personal information you provide to us.

1 As originally defined in NIST 800-63-2 and OMB M-04-04

3. General Provisions

Any unauthorized use of the ID.me service or access to this Website, including without limitation for any commercial or competitive purpose is strictly prohibited and may result in suspension or termination of your account.

In addition, you must NOT:

  1. Falsely claim an identity other than your own or one you are establishing on behalf of another person with their specific authority;
  2. Falsely claim that you are associated with a particular group;
  3. Falsely claim that you possess a particular credential;
  4. Falsely claim to be a service member, a veteran or an immediate family member of a service member or veteran;
  5. Falsely claim that you are associated with another person or entity;
  6. Collect information about ID.me, the Website or users of the Website without ID.me’s written consent;
  7. Modify, frame, render (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Website, without ID.me’s written consent;
  8. Use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
  9. Disguise the origin of information transmitted to, from, or through the Website;
  10. Circumvent any measures implemented by ID.me aimed at preventing violations of the Terms of Use.

In addition to violating the Terms of Use of the Website, any of the foregoing actions on your part, or on behalf of any entity you are representing, constitutes intentional, unauthorized access of ID.me’s protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.

4. Use of Website Content

All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by ID.me or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of ID.me and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of ID.me and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without ID.me’s prior express written permission.

Except where expressly provided otherwise by ID.me, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of ID.me’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by ID.me. ID.me does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by ID.me.

Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

5. Termination

You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.

6. Links to third party sites

The Service may provide and/or the Website may contain links or have references to websites controlled by parties other than ID.me. ID.me is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. ID.me is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ID.me of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by ID.me. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

By allowing a third party service provider site to authenticate you to your ID.me Wallet account for the sole purpose of authentication, you are aware that that app or site has it’s own terms of service and privacy policy.

Your account may be created by using a third-party authentication method from a third-party site. In the event that you use a third-party authentication method you represent that you are and have authorized access to the third-party account and are bound by the terms and conditions of that third-party.

7. Submissions

Except where expressly provided otherwise by ID.me, all comments, feedback, information and data submitted to ID.me through, in association with or in regard to the Service, Website, and/or any other ID.me goods or services (“Submissions”) shall be considered non-confidential and ID.me’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method ID.me sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to ID.me, you agree to assign to ID.me, as consideration in exchange for the use of the Service and Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant ID.me these rights. ID.me shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not ID.me, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.

ID.me reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any ID.me site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any ID.me site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, ID.me reserves the right to cancel or suspend your account. Furthermore, ID.me reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using ID.me for improper purposes, or any purpose inconsistent with its business.

8. Cash Back

8.1 Overview

ID.me’s Cash Back Loyalty Program offers a platform for its members to earn money in the forms of automatic rebates (“Cash Back Rebates”), which are separate and apart from, and in addition to, any other discounts available through ID.me’s Services. The Cash Back Loyalty Program allows ID.me members to shop with our Merchant Partners, and earn Cash Back Rebates.

Cash Back Rebates are automatically earned when members make a qualifying online purchase originating from the ID.me Marketplace with a Merchant Partner. Participating affiliated merchants will have cash back percentages explicitly listed on their own Store Offers page within the ID.me Website.

8.2 Eligibility

The Cash Back Loyalty Program is offered for our registered users with active accounts who make qualifying purchases (defined below) and who are at least 18 years of age or older. To be eligible for Cash Back rewards you must have an account balance of $10 or more by the end of a purchase period, and must have provided ID.me with a PayPal linked email address for payment.

Members may not use scripts or disguised redirects to derive financial benefit from ID.me. Any attempt to accumulate Cash Back Rebates by means of an automated machine or computer, scripts, software computerized or automated process, or through the use of multiple accounts is expressly prohibited. ID.me will cancel a member’s account and that member will forfeit all Cash Back Rebates earned if they are found to be manipulating the system. ID.me reserves the right to pursue such prohibited conduct to the fullest extent of the law. Members must maintain one unique account and any duplicate accounts are subject to cancellation. Determination of what is a unique account and what actions are deemed manipulative is at the sole discretion of ID.me. Duplicate accounts can result in cancellation of account(s).

Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back Rebates, or any misrepresentation of any information furnished to ID.me or its affiliates by you or anyone acting on your behalf may result in the termination of your account and forfeiture of your accrued Cash Back Rebates. If ID.me has any reason to suspect fraudulent activity is associated with your account, ID.me reserves the right to delay or withhold payment of Cash Back Rebates. You give ID.me permission to review your account with Merchant Partners in cases where ID.me suspects fraudulent activity. ID.me is not responsible for lost or stolen payments, including gift cards. ID.me is not responsible for payments delivered to the wrong address through no fault of ID.me or for payment errors made by payment partners.

8.3 Cash Back Rebates

To be eligible for Cash Back Rebates you must first take action to establish your cash back status and then make a qualifying purchase. In order to make a qualifying purchase, you must 1) be 18 years of age or older; 2) have cookies enabled on your web browser; 3) log-in to ID.me with your user name and password; 4) obtain Preferred status, or higher, by accumulating points for sharing information with ID.me; 5) follow a link for an offer from the ID.me Marketplace; 6) add items to your cart; and 7) complete your transaction.

Please note that discount codes, coupon codes or promotion codes that are NOT supplied by ID.me can negate a qualifying purchase. In addition, purchases made with a gift card or gift certificate as part of the payment and purchases of drug prescriptions (for users or their pets), extended warranty products, recurring monthly subscriptions (excluding magazine subscriptions from magazine subscription websites), trial and free products, and back-ordered items may also negate a qualifying purchase. Please review merchant offer terms for any offer of interest to you, and comply with their terms to earn cash back.

Additionally, to earn Cash Back Rebates, you must make your qualifying purchase within the same shopping session you start after clicking the Merchant Partner link on ID.me’s Website. If you visit other sites before completing your purchase or use coupons not provided by ID.me, your purchase may be associated with a service other than ID.me and you might not earn cash back on your purchase. If you disable “cookies” on your computer you will not be able to earn Cash Back Rebates as cookies are used to authenticate a user and to be certain Cash Back Rebates are assigned to the appropriate Member account.

ID.me makes no guarantee that cash back will be rewarded on purchases even if all steps are followed for a qualifying purchase. When a rebate inquiry claim is filed by a member, ID.me member support will investigate the issue and will seek a resolution, but ID.me will not offer the rebate in question unless the merchant agrees to pay ID.me for that particular rebate. If after four (4) weeks, a merchant does not resolve the rebate issue, this will constitute non-payment from the merchant and the rebate inquiry cannot be paid.

Determination of whether or not a purchase made through an ID.me Merchant Partner is a qualifying purchase is at the sole discretion of ID.me. ID.me is not responsible for tracking problems resulting from incorrect usage of the ID.me Service, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, merchant partner errors/omissions or from any other failure of tracking mechanisms.

8.4 Earning Bonuses, Other Rewards and Use of Online Coupons

ID.me provides online coupons as a free service to its members. These online coupons are uploaded into our website by our administrative staff. ID.me is not responsible for the redemption, errors/omissions or expiration of online coupons and it is the member's responsibility to make sure that a discount, percentage off, special pricing or free offer is present in the checkout process of a merchant. Coupons are generally not valid with any other offer from a specific merchant unless otherwise noted.

All offers and promotions on this Website are subject to change without notice. ID.me provides a venue for obtaining the information contained in its Services and has no control over the legality of any coupons or other offers made by affiliated merchants, the ability of any of the affiliated merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the affiliated merchants. ID.me has no control over whether affiliated merchants will honor the offers shown on the Website and does not guarantee the accuracy or completeness of the information contained in this Website. In the event you have a dispute with a vendor in any way relating to the Services or the use of information from this Service, you agree to waive and release ID.me from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

Cash Back Rebates received under the Cash Back Loyalty Program may not be assigned or transferred to any third party except as expressly permitted by ID.me in writing. The sale, transfer, lending, exchange, pooling or barter of any Cash Back Rebates, other than by ID.me, is expressly prohibited. Any Cash Back Rebates assigned, sold, or otherwise transferred in violation of this Agreement may be forfeited or canceled. Any violation of the foregoing restrictions is grounds for account termination and forfeiture of all Cash Back Rebates.

8.5 Receiving Payment

To receive payment of accrued Cash Back Rebates and any other awards, you must establish and maintain an active account with ID.me with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, your first and last name, and a password to protect your account. To maintain your account, you must update your information if it changes and have shopped via ID.me’s Website or Application or have accrued Cash Back Rebates at any time within the last twelve (12) months.

Cash Back Rebates (“Rebate Payment”) that are designated as “Available” in your account will be automatically disbursed to you when you have a minimum of $10.00 in your account by the end of a purchase period provided that ID.me has the necessary information on file to disburse such payments (PayPal account, mailing address, bank account information or other means identified by ID.me). ID.me pays members in U.S. dollars via PayPal by default, with other optional payment methods available for enrollment as provided by ID.me. Payments are disbursed according to the schedule provided in the FAQ on the ID.me Website. For cash back checks issued by ID.me, if your check expires, without being cashed or deposited, or if it’s returned to ID.me, you forfeit your right to the funds and ID.me is relieved of any further liability for payment of the forfeited funds. However, at its discretion, ID.me may elect to credit the forfeited funds to the user’s account, where they will be subject to inactive account maintenance charges described below. Pursuant to Inactive Accounts provision set forth below, new checks may not be issued to inactive accounts absent further action from the account owner to update their address, request a new check or otherwise provide necessary information required for ID.me to disburse payments. The minimum payment amount is $10.00, balances below $10.00 remain in your account for potential payment during the next payment period. ID.me. is not responsible for lost mail or any other event beyond ID.me’s control that would prevent the user from receiving their payment check.

8.6 Product Pricing

ID.me posts product pricing in various sections of the Website. While ID.me makes every effort to post accurate pricing, any individual product price displayed on ID.me is subject to change and the final price of a product is determined at the Merchant Partner’s website. ID.me is not liable for pricing errors.

8.7 Account Adjustments

Cash Back Rebates awarded to you are subject to adjustments for returns and cancellations, ID.me’s receipt of information and payments for such qualified purchases from Merchant Partners, and other events. ID.me reserves the right to make adjustments to user’s accounts at any time in accordance with this agreement. If you disagree with any adjustments made to your account, please contact ID.me at help@ID.me.

ID.me is not responsible for changes to, or discontinuance of, any Merchant Partner, or any Merchant Partner’s withdrawal from the Cash Back Loyalty Program, or for any effect on accrual of Cash Back Rebates caused by such changes, discontinuance or withdrawal.

8.8 Inactive ID.me Shop Accounts

Note: this section only applies to ID.me Users who participate in the ID.me Shop cash-back program and whose accounts have been previously credited with cash back for purchases they made on third party sites while shopping through the ID.me Shop program. ID.me does not charge ID.me Users to use ID.me's Single Sign On service.

Your ID.me Shop cash back account will be considered “inactive” if for twelve (12) consecutive months: 1) no activity has been conducted on your account, or; 2) if you fail to provide updated or accurate contact information to complete payments of your Cash Back Rewards. If your ID.me Shop cash back account is deemed “inactive”, ID.me reserves the right to debit your ID.me Shop cash back account balance two dollars ($2.00) per month to recover the cost of account maintenance until: (i) you reactivate your ID.me Shop cash back account by starting a shopping session via ID.me’s Website or Applications, completing a qualifying purchase, or updating your account with information, or; (ii) your ID.me Shop cash back account balance is zero. If the balance in your inactive ID.me Shop cash back account is or becomes zero, ID.me will cease to maintain your ID.me Shop cash back account’s Cash Back records and access to its Cash Back Loyalty Program and may, at its discretion, also close your ID.me Shop cash back account permanently. The inactive ID.me Shop cash back account maintenance charge will not cause your ID.me Shop cash back account balance to become negative and will not cause you to owe money to ID.me at any time.

8.9 Using ID.me Applications

Members can earn Cash Back Rebates on their purchases only by using the ID.me Website. ID.me plans to make available a limited number of Applications to assist users in earning Cash Back Rebates without visiting the Website (for example, from mobile devices). If you use ID.me’s Applications you agree to use them only for your personal use and for accessing the Cash Back Rebate. ID.me reserves the right to update or discontinue its Applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of ID.me Applications for any reason. You may not rent, sell or sublicense ID.me’s Applications without ID.me’s prior written consent.

ID.me Applications and their underlying information and technology may not be exported or re-exported into any country to which the US has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using ID.me’s Applications you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will otherwise comply with all applicable export control laws. All rights to ID.me’s Applications are reserved by ID.me under the copyrights law of California.

9. Fees

ID.me does not charge members any fees for registering and/or using the Service or Website.

10. Limitation of liability

In no event shall ID.me be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential Damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, Content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the website and the ID.me service, regardless of cause, whether in an action in contract or negligence or other tortuous action, even if the party From whom damages are being sought has been previously advised of the possibility of such damages. The limitation of liability set forth in this section shall not apply in the event of customer’s breach, or related to its indemnity obligations. This paragraph shall not affect the rights listed below in the section titled “Indemnities”. To the extent allowed by law, in no event shall the aggregate liability of ID.me exceed $1,000.00.

11. Licenses from ID.me

You are being granted solely a revocable, limited license, in compliance with these terms. All rights not granted to you in the Terms of Service are expressly reserved by us.

12. Licenses from you

You grant to ID.me and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to ID.me by you in the course of accessing and/or using the Service and/or Website. Notwithstanding the foregoing, ID.me’s obligations regarding identification and other information concerning your personal information shall at all times be governed by the terms of the Credential Policy and its Privacy Policy.

13. Representations and warranties

Each party represents and warrants that it has the power and authority to enter into these Terms. ID.me warrants that it will provide the Website and ID.me Service in a manner consistent with its business practices, as ID.me, in its sole and absolute discretion, deems fit. You represent and warrant that any information you provide in connection with the ID.me Service is accurate and current and that you have the right to provide such information.

14. Disclaimer of warranties

Except where expressly provided otherwise by ID.me, the ID.me service and the website are provided “as is” and “as available.” Except for the express warranties set forth herein, ID.me hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the ID.me service and website including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, Except to the extent that such disclaimers are held to be legally invalid. ID.me makes no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the website and the ID.me service and/or materials associated therewith, or the results you may obtain by accessing or using the website and/or the ID.me service and/or materials associated therewith. Without limiting the generality of the foregoing, ID.me does not represent or warrant that (a) the operation or use of the website, ID.me service or materials will be timely, secure, uninterrupted or error-free. You acknowledge that ID.me controls the transfer of data over communications facilities, including the internet, and that the website and ID.me services may be subject to limitations, delays, interception and other problems inherent in the use of such communications facilities. ID.me is not responsible for any delays, delivery failures, or other damage resulting from such problems.

15. Indemnities

You shall defend, indemnify and hold ID.me harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim by a third party related to your use of the Website or the ID.me Service.

16. Your responsibilities

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website and ID.me Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which ID.me controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

You are responsible for maintaining accurate account information at all times, including valid email address information. Members are also responsible for reviewing their account balance on a regular basis and for checking to ensure that all cash back awards have been made properly. You are responsible for keeping your email address, passwords, account numbers, and other account information confidential. ID.me is entitled to act on instructions received under your username and password. ID.me is not responsible for any credits or debits made to your account by someone else who uses your password. ID.me will not be responsible for any losses or liabilities incurred through the use of your password by a third party.

You are responsible for reviewing your account balance on a regular basis, and for checking to ensure that all ID.me Cash Back Rebates has been properly credited to your account. If a discrepancy occurs in your ID.me Cash Back Loyalty Program account, such as a rebate not being credited to the account, then you must contact ID.me at help@ID.me,

You authorize ID.me to disclose to third parties information you have provided, or information that ID.me has obtained about your ID.me account, as further set forth in our Privacy Policy.

You are responsible for any taxes that may be due on ID.me Cash Back Rebates redeemed by you. Cash Back Rebates have no cash value until such time as you request and receive a payment. Prior to then, you shall have no property rights or other legal interest in ID.me Cash Back Rebates.

17. Notices

For general changes which do not affect the collection or handling of users’ personal information in a more restrictive way, ID.me may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in ID.me’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in ID.me’s account information. You may give notice to ID.ME at any time by letter sent by confirmed facsimile to ID.ME, fax number (202) 600-7611 or by letter delivered by registered mail with return receipt to: ID.me, Inc. 8281 Greensboro Drive, Suite 600, Tysons Corner, VA 22102. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website.

ID.me may make material change to the Service that affects the prior or ongoing collection, use, dissemination or maintenance of a user’s personal information. As such material change is made to the Service ID.me will provide users with a notice of the material change and provide users with compensating controls designed to mitigate any new privacy risk that may arise from the material change, which may include seeking express affirmative consent from the user in accordance with relevant law or regulation.

18. Copyright protection

ID.me complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to ID.me, Inc.’s designated agent via email at copyright@id.me or via registered US mail sent return receipt to: DMCA Compliance Agent, ID.me, Inc., 8281 Greensboro Drive Suite 600, Tysons Corner, VA 22102. Version: 8.7.0

19. Resolution of Disputes – Mandatory Arbitration and Class Action Waiver

ID.ME offers the following process to help you resolve a complaint or Dispute (as defined below) that you may have with ID.ME, any services offered via the Website or Service, or use of the Website or Service. Please read this section carefully. Our Customer Service Department, which you can reach at help@ID.me,

Step 1. Notice of Dispute

You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:

ID.me, Inc.

Attn: Dispute Resolution Department
8281 Greensboro Drive, Suite 600
Tysons Corner, VA 22102

A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.

You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website or the Service, any transaction or relationship between us resulting from your use of the Website or Service, communications between us, the purchase/order/use of goods or services from the Website, or the Agreement embodied by the Terms of Service or Privacy Policy – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.

Step 2. Arbitration

If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.

By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.

JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”) will administer the arbitration using the JAMS’ procedures and rules in effect on the date the Arbitration is filed (“JAMS Rules”). In the event the JAMS Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or by visiting www.jamsadr.com.

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

Costs

If you initiate an arbitration with JAMS, we will promptly reimburse you for any standard filing fee you may have been required to pay by JAMS, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.

Small Claims Option

You may also litigate any Dispute in the District of Columbia, if the Dispute meets all requirements to be heard in the small claims court. However, if you initiate a Small Claims case, you are responsible for all your court costs.

Choice of Law and Forum Selection

You agree that the laws of the State of Delaware govern this agreement and any claim or Dispute or issues arising from it, without regard to Delaware’s conflict of laws rules.

Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the District of Columbia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

20. Miscellaneous

These Terms represents the parties’ entire understanding relating to the use of the Service and the Website, and supersedes any prior or contemporaneous, conflicting or additional, communications. ID.me reserves the right to change these Terms or its policies relating to the Website and ID.me Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. If we make material changes to this policy, we will notify you here, by email, or by means of notice on our home page. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website and ID.me Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between ID.me and you as a result of these Terms or use of the Website. You may not assign these Terms without the prior written approval of ID.me. Any purported assignment in violation of this section shall be void. ID.me reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by ID.me.

21. Intellectual property notices

Elements of the Website and Service are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by ID.me.

The ID.me trademarks and/or other ID.me identifiers referenced herein are trademarks of ID.me and/or its affiliates, and may be registered in certain jurisdictions.

22. Legal contact information & Member Support

If you have any questions about these Terms, or if you would like to request permission to use any of ID.me’s Materials, please contact our Member Support desk at help@ID.me or call 866-775-IDme (4363).

Copyright © 2017 ID.me, Inc. All rights reserved.

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