Terms of Service

This document serves as the Terms of Service for our website, www.IDScan.net (“Website”), as owned and operated by Wizz Systems, LLC dba IDScan.net (“IDScan.net”, “we”, “us”, “our”). Our Terms of Service, along with our Terms of Subscription and Privacy Policy (collectively, “Legal Terms”) constitute the entire and only agreement between you and IDScan.net, and supersedes all other agreements, representations, warranties and understandings with respect to our Website and our Service (as defined below, and which also includes our Website by reference) and the subject matter contained herein. You should review our Legal Terms prior to using our Service as you agree to fully comply with and be bound by it each time you use our Service.

We may amend our Legal Terms at any time without specific notice to you. The latest Legal Terms will be posted on our Website and will be effective as of the date last updated. After any revisions to our Legal Terms are posted, you agree to be bound to any changes made. Therefore, it is important for you to visit this page periodically to review the Legal Terms.

If you do not accept our Legal Terms, do not access and use our Service. If you have already accessed our Service and do not accept our Legal Terms, you should immediately discontinue use of our Service.

Definitions

An “Account” is an access point to our Service and encompasses the features found in our Service.

Our “Content” is all the text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service, whether originating from us or from our Users.

A “Member” is someone who has registered an Account to use our Service.

Our “Service” refers to the ability for you to submit identification information about third parties (your “Customers”) that we parse and return to you through use of our proprietary IDScan.net software and our Content. Any new features added to or augmenting the Service become subject to our Legal Terms as activated.

A “User” is a collective identifier that refers to any person accessing our Website or using our Service.

Acceptance of Legal Terms

Our Legal Terms is between you and IDScan.net and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).

OUR LEGAL TERMS CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR SERVICE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Limited License

IDScan.net grants you a non-exclusive, non-transferable, revocable license to access and use our Service strictly in accordance with our Legal Terms. For Members, the use of our Service is also governed by our Terms of Subscription found at the end of our Legal Terms, to which you must also agree in order to use our Service. No print out or electronic version of any part of our Service may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service provided therein.

Our Relationship to You

IDScan.net relationship to you is at all times that of an independent contractor. Our Legal Terms in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and IDScan.net.

Eligibility and Registration for Membership

You may access our Website without becoming a Member of our Service. However, to use our Service, you must register and become a Member. Your membership is not transferable or assignable and is void where prohibited. You may only register for one account with our Service. Our Service is intended solely for people at least age 18 years of age or older, depending on your state’s age of majority for entering into binding contracts. Any attempt to create multiple account registrations or registration by anyone under 18, is unauthorized, unlicensed and in violation of our Legal Terms. By using our Service, you represent and warrant that you have not registered with our Service already, that you are at least 18 or older, that you can enter into binding contracts, and that you agree to and to abide by all of the terms and conditions of our Legal Terms. IDScan.net has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will be sent a password that will allow you to access our Service and which you can change thereafter. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized sue of your password or any other breach of security. You agree that IDScan.net cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Our Intellectual Property

Our Service may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Service does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of IDScan.net.

Our Content is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Service does not grant you any ownership rights to our Content.

Content Disclaimer

The opinions, testimonials, or other such statements expressed on our Website are not necessarily the opinions of IDScan.net. Our Content may be changed without notice. Similar to any printed materials, our Content may become out-of-date. We undertake no obligation to update any Content. We do not represent or otherwise warrant that our Content will be error-free, free from viruses or other harmful components, or that we will correct any errors in our Content. We do not represent or otherwise warrant that the information available on or through our Service will be correct, accurate, timely or otherwise reliable. We reserve the right to make alterations or deletions to the Content at any time without notice.

Service Disclaimer

We may make changes to our Service at any time. Our Service may be temporarily unavailable from time to time for maintenance or other reasons. IDScan.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, cloud access, theft or destruction or unauthorized access to data. IDScan.net is not responsible for any technical malfunction or other problems of any telephone network or service, computer/cloud systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Service, including without limitation any software provide through our Service. Under no circumstances will IDScan.net be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Service or for any interactions between Users of our Service, including Customers, whether online or offline.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IDSCAN.NET, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICE NOR TO YOUR CUSTOMERS. IDSCAN.NET CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY EFFECTS ON OUR USERS OR THEIR CUSTOMERS. IDSCAN.NET DOES NOT REPRESENT OR WARRANT THAT SERVICE IS ALWAYS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO SERVICE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IDSCAN.NET. OUR SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.

Limitation of Liability

IDScan.net, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Service; (b) the unavailability or interruption of our Service; (c) the use of our Service; or (d) any delay or failure in performance of our Service. This limitation of liability extends to the Customers of our Members as well. If you are a Customer of one or more of our Members, you agree that you shall at all times look to those parties that have provided your information through our Service for any cause of action you believe you have.

IN NO EVENT WILL IDSCAN.NET OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU, YOUR CUSTOMERS, OR ANY OTHER THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICE, EVEN IF IDSCAN.NET IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR LAST MONTH’S SERVICE FEES CHARGED BY IDSCAN.NET, IF ANY.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information uploaded through our Service in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant IDScan.net a perpetual, irrevocable, royalty-free, world-wide license to use such Submission as we see fit, in any form whether through our Service, printed media, or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of our Legal Terms. You must review this Privacy Policy by clicking on this link.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Service may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website through our Service does not mean that we endorse, guarantee, warrant, or recommend the services, products, information, content and/or data of such third party websites. IDScan.net has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Indemnification

You agree to indemnify, defend and hold IDScan.net and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or use of our Service.

Arbitration

Any legal controversy or legal claim arising out of or relating to our Legal Terms, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, our intellectual property our our Service, shall be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. An arbitrator shall be selected at random. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Miami, Florida, USA. The parties agree that the arbitrator cannot award punitive damages. IDScan.net may seek any interim or preliminary relief from a court of competent jurisdiction in Miami, Florida, USA, necessary to protect our rights or property pending the completion of arbitration. The party requesting arbitration shall be responsible for the arbitration fees; otherwise, each party will be responsible for its own costs. However, the prevailing party may seek return of any arbitration fees paid as well as any reasonable attorney fees incurred. Judgment on the arbitration award may be entered into any court having jurisdiction thereof.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Miami, Florida, USA, and shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under our Legal Terms shall survive any termination of our Legal Terms.

Terms of Subscription

By becoming a Member of our Service, you also agree to fully comply with and be bound by our Terms of Subscription as found below each time you use our Service. Our Terms of Subscription are part of and subject to our Legal Terms. All terms as capitalized or bolded herein refer to the definitions as provided within our Terms of Service. Any terms found herein that conflict with our other Legal Terms, control as to your rights and duties as a Member. Our Terms of Subscription were last updated on August 8, 2013.

Accounts

Each Member of our Service must have his or her own Account to use the Service.

Account Plans

The features that IDScan.net provides to you as part our Service correspond to the Account Plan that you select when you register your Account. If you wish to change your Account Plan, you may do so at any time. You will be charged on a pro-rated fashion, based upon your daily usage before and after such change.

Our Responsibilities

Depending on the features you select, our Service may be hosted on the Amazon S3 cloud or similar architecture, which is not directly within our control. We are strictly responsible for our IDScan.net software. However, we have limited control over your data, when a cloud provider performs maintenance, or if the cloud provider has technical issues. Subject to these constraints, we will use commercially reasonable efforts to make sure that the Service is available as much as possible and to maintain the security of any data (which includes that of your Customers’) you upload to our Service. Cloud providers do not backup data on an individual basis. As such, for your own protection, you should keep backups of your own data. We will provide email support for our Service according to the Account Plan you are using and during the times as specified on our Website.

Your Responsibilities

You agree to following with regards to your responsibilities in using our Service:

  1. You are solely responsible for the accuracy, quality, and legality of your data as uploaded by you to the Service.
  2. You are responsible for any actions performed under your Account.
  3. You shall use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and you will promptly notify us of any such unauthorized access or use.
  4. You shall use the Service in strict accordance with applicable laws and government regulations, including, but not limited to, privacy laws, intellectual property laws, and laws governing contracts. You shall not upload or enter any data into the Service that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  5. You shall not attempt to gain unauthorized access to areas of our Service that you do not pay to use. You shall not re-distribute our Service in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  6. You shall not attempt to reverse engineer or otherwise capture or disassemble our Service.
  7. You shall not create automated scripts to interact with our Service unless our Service provides such functionality. You shall not interfere with the operation of our Service for other users, including, but not limited to, denial of service attacks, uploading viruses or malware, or the creation of websites designed to confuse, re-direct, or detract users from using our Service.
  8. You grant us a world-wide, perpetual, exclusive license to use and display the data you post to our Service as limited to the scope necessary to provide you with the Service and any related services.
  9. You acknowledge that you are legally responsible for your actions while using the Service.

Free Trial Accounts

We may offer Free Trial Accounts where you can use our Service free of charge for a specified time period. Upon expiration of this time period, your access to our Service will be terminated unless you choose to become a paying Member. You understand that only a single Free Trial Account will be granted for a given individual or company. We have no duty to provide Free Trial Accounts and have no liability to you if you cannot obtain one or if we terminate your Free Trial account prior to the expiration of the given time period of your existing Free Trial account. We may stop offering Free Trial Accounts without notice or liability to you at our sole discretion.

Payment Terms

For our current Fee Schedule, click here. You agree to the following with regards to Payment Terms for our Service:

  1. You may pay for the use of our Service on a month-to-month basis with no long-term commitment. You may also purchase a package for longer time periods, which will typically receive a discounted rate versus our month-to-month rate.
  2. We accept either credit cards or PayPal (collectively, Payment Source) for all necessary payments to use our Service.
  3. You represent and warrant that when you make a payment to IDScan.net as part of purchasing our Service that (i) any Payment Source information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices for our Service, including any applicable taxes, and (iv) if your initial Payment Source is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
  4. You agree that we can automatically charge the Payment Source you provide to us for your ongoing payments for use of our Service. If we cannot automatically charge such Payment Source, we reserve the right, at our sole discretion, to disable your account(s) until payment is received. Furthermore, we reserve the right to terminate your account(s).
  5. You must pay to use our Service. Unless you are on a Free Trial Account, you cannot keep using our Service without making payment.
  6. We reserve the right to begin charging for an Account at any time that were once considered Free Trial Accounts.
  7. All payments for use of our Service are non-refundable.

Payment Charge-Backs

While we actively support fighting payment fraud, IDScan.net has a zero-tolerance policy regarding payment charge-backs and ask that you contact us if you have an issue with our Service. However, if you start a charge-back process regarding our Service, IDScan.net reserves the right to immediately terminate your account. Your Account and the Payment Source you provided will be blacklisted in our systems. Should we do this, you will never again be able to use that Account and Payment Source with us and you will be liable to us for administrative costs in processing the charge-back.

Limitations of Liability and Indemnity

You agree to following with regards to our liability and your indemnity as related to your use of our Service:

  1. Our Service is provided “as-is”, “as available”, and may contain “bugs” or errors, and that all warranties, express or implied, are disclaimed, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose.
  2. When you use our cloud-based Service, you acknowledge that IDScan.net is not liable to you for damage or loss to business, your Customers, or your data as a result.
  3. We make no guarantees with regards to the effect of our Service on your company, including, but not limited to, successful use of our software, successful use of your Customer information, or any financial gain or loss from using our Service.
  4. We are not liable under any legal theory for damages of any type that you may suffer due to your use of our Service as well as from your inability to use our Service, including, but not limited to, loss of revenue, loss of opportunity, or loss of customers.
  5. You are solely liable for your use of our Service, including the use of our Service by your employees, and agree to indemnify us, our officers, and affiliates as necessary with regard to any legal action that results from such use.

Disclaimer of Damages

FOR ALL EVENTS AND CIRCUMSTANCES, IDSCAN.NET AND ITS AFFILIATES' AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO OUR LEGAL TERMS AND THE USE OF OUR SERVICE, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE OR OTHERWISE WILL BE LIMITED TO SOLE EXTENT OF OUR LIABILITY WILL BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO IDSCAN.NET, IF ANY, WITHIN THE ONE (1) MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN OUR LEGAL TERMS, IN NO EVENT WILL IDSCAN.NET OR ITS AFFILIATES BE LIABLE TO YOU FOR: ANY CLAIM BASED UPON A THIRD PARTY CLAIM; ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF IDSCAN.NET OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

You may terminate your Account at any time and thereby our Legal Terms. You understand and agree that we may terminate our Legal Terms immediately without prior notice should you violate the terms of our Legal Terms or any applicable laws. This also includes termination for lack of payment. You also understand that if a cloud provider terminates its cloud services to us, we reserve the right to terminate our Legal Terms with you. You understand that if terminate your Account, you will no longer have access to the Service and any data you have uploaded to our Service will be lost. IDScan.net has no liability to maintain your data for you in such an event.

Notices

You understand and agree that you will receive all notices regarding our Legal Terms in written form, either by standard mail or email delivery. You understand that unless otherwise specified in such notices, you will respond to any such notices using the functionality of our Service.

Digital Signature

You understand that by setting up an Account and becoming a Member, you are digitally signing our Legal Terms and as such, you are waiving any defenses related to signing our Legal Terms and you are agreeing to be bound to the terms of our Legal Terms.