Last revised on: September 6, 2017
The website located at QuickIDcard.com (the “Site”) is a copyrighted work belonging to QuickIDcard.com Inc. (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which may be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. The Company may make available for your use on the Site information, documents, software and products (collectively "Materials") and various services offered by the Company, (collectively, "Services") subject to the terms and conditions set forth in this document. Unless the context requires otherwise, all references herein to your use of the Site shall include your use of the Materials and/or the Services.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
- Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 7.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Access to the Site; Use of the Site and Materials and Services
- License. Subject to these Terms, Company grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited license to use and access the Site solely for your personal use, subject to the terms and conditions herein. You agree that you will use the Site solely for noncommercial purposes, except in your ordinary commercial interactions with the Company through the Site.
- Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sublicense, sell, re-sell, rent, lease, transfer, assign, distribute, host, alter, or otherwise commercially exploit the Site, or any content displayed on the Site, or provide it as a service bureau, except as set forth herein, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service or make or have made a service with similar features or functions; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
- Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
- No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
- Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. You are prohibited from using copyrighted materials unless you are the copyright owner or you have written permission from the copyright owner. You are solely responsible for any copyright infringement resulting from your use of the Site or the Materials or Services; including unintentional infringement.
- Use of the Site and Materials and Services. You agree not to use the Site or the Materials or Services in any manner, or for any purpose, which constitutes a violation of U.S. laws or regulations, or of the laws or regulations of any U.S. state or territory, or of the laws or regulations of any foreign jurisdiction, including without limitation, in a manner, or for any purpose, (i) in violation of 18 U.S.C. §§ 701-716, 1028 or 2320, or any accompanying regulations thereto; (ii) that will, or is likely to, infringe the copyright, trademark, patent, trade secret or other intellectual property rights of others; or (iii) that will, or is likely to, violate the right of privacy, publicity or other personal rights of others; or (iv) that is defamatory, indecent, obscene, offensive, threatening or abusive. You are solely responsible for your use of the Materials and Services provided by the Company. The Company is not responsible for any damages or civil or criminal liability resulting from your misuse of the Materials and Services. The Company reserves the right to refuse to accept materials or information from you that we believe may be fraudulent or may infringe the intellectual property rights of third parties. The Company reserves the right to refuse to provide Materials or Services that we believe may be used for fraudulent purposes, or to infringe the intellectual property rights of third parties, or for other criminal purposes, or that we believe may give rise to civil liability for you or the Company.
- Prohibited Content. You agree not to upload to the Site any Prohibited Content. For purposes of these Terms, Prohibited Content includes, without limitation, (i) images and modified images for government-issued identification of any kind (e.g., state IDs, driver licenses, passports, etc.), (ii) content which violates copyright or trademark laws; or (iii) abusive, pornographic, obscene, defamatory or otherwise inappropriate material.
- Indemnification. You agree to indemnify and hold Company (and its officers, employees, agents, successors, and assigns) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or the Materials or Services, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third-Party Links ; Other Users
- Third-Party Links. The Site may contain links to third-party websites and services, “Third-Party Links”). Such Third-Party Links are not under the control of Company, and Company is not responsible for any Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
- Other Users. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
THE SITE AND MATERIALS AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR MATERIALS OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR MATERIALS OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIALS OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND THE MATERIALS AND SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE FEES PAID BY YOU TO THE COMPANY FOR THE MATERIALS AND/OR SERVICES IN CONNECTION WITH WHICH SUCH LIABILITY AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5 and Sections 3 through 8.
- Dispute Resolution. Please read this Section 8 carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any Materials or Services provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any of your, or the Company’s, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as to all authorized or unauthorized users or beneficiaries of Materials or Services provided through the Site.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: QuickIDCard.com Inc., New Hyde Park, NY 11040. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any arbitration shall take place in Nassau County, in the state of New York, in the United States. If you reside outside of the United States, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Arbitrable matters shall include: (i) matters concerning the scope, construction and enforcement of this Section 8; and (ii) material matters that arise under or relate to these Terms, including the applicability of the laws of the state of New York to any provision of these Terms. In deciding any arbitration under this Section 8, the arbitrator shall apply the substantive law of the state of New York (exclusive of its laws governing conflicts of law). However, matters that arise in any arbitration that relate to the enforceability of this Section 8 or to any award granted under this Section 8 shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 8.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- Changes. The Company may modify the Materials, Services and these Terms at any time without notice and such modifications shall be deemed effective immediately upon making such changes. You are responsible for monitoring any changes to these Terms, and your continued use of the Site following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ALL CONSTITUTIONAL AND STATUTORY RIGHTS TO A JURY TRIAL.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products utilizing such data, in violation of U.S. export laws or regulations. The Materials and Services may not be exported or re-exported to any country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. Neither the Materials nor the Services may be distributed to persons or entities on the Specially Designated Nationals and Blocked Persons list maintained by the Office of Foreign Assets Control, the Denied Parties List or the Entity List maintained by the Bureau of Industry and Security, or the Debarred Persons List maintained by the Office of Defense Trade Controls. By accepting the Services and/or Materials you are certifying that you are not a national of one of the countries for which the United States embargoes goods, services or technology and that you are not a person or entity on any of the lists mentioned above. You are advised to check the Federal Register publication and each agency's web site routinely for changes to the lists mentioned above. Export sanctions, written by the appropriate agency, are published in the Federal Register and are the official source of information about denied persons, Specially Designated Nationals or debarred parties.
- Governing Law; Consent to Jurisdiction. The validity, interpretation, construction and performance of these Terms, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto, and all claims relating to or arising out of these Terms, or the breach of these Terms, whether sounding in contract, tort or otherwise, shall be governed, construed and interpreted in accordance with the laws of the state of New York, without giving effect to principles of conflicts of law. For purposes of litigating any dispute that may arise directly or indirectly from this Agreement, whether in contract, tort, or otherwise, the you and the Company hereby submit and consent to the exclusive jurisdiction of the state or federal courts located in New York, New York and agree that any such litigation shall be conducted only in the courts of the state of New York located in New York, New York or the federal courts of the United States located in New York, New York and no other courts.
- Disclosures. Company is located at the address in Section 9.9 (“Contact Information”), below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- No Waiver; Severability; Assignment. The Company’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- Copyright/Trademark Information. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact Information:
New Hyde Park, NY 11040