1. Background. The Site is intended to provide information about our products and services. We reserve the right to discontinue or modify any aspect of the Site or such products and services at any time.
2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms. The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms with you parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.
4. Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
6. Intellectual Property Rights.
6.1. Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials“), (ii) and User Submissions, as defined below (together with the Materials, the “Content“), and (iii) the trademarks, service marks and logos contained therein (“Marks“), are the property of PlainID and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “PlainID”, the PlainID logo, and other marks are Marks of PlainID or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
6.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
7. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
8.2. PlainID permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with PlainID or present any false information about PlainID and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
10. Warranty Disclaimers.
10.1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
10.2. THE SITE AND ALL THE CONTENT ON THE SITE, INCLUDING INFORMATION ABOUT OUR PRODUCTS AND SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PLAINID HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PLAINID DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT PLAINID WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
11. Limitation of Liability.
11.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PLAINID SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF PLAINID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
11.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLAINID FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO PLAINID FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
12. Indemnity. You agree to defend, indemnify and hold harmless PlainID and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your interaction with any Site user; or (iii) your violation of these Terms.
13. Term and Termination. These Terms are effective until terminated by PlainID or you. PlainID, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). PlainID shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 13 and Sections 6 (Intellectual Property Rights), 9 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), and 14 (Independent Contractors) to 18 (General) shall survive termination of these Terms.
14. Independent Contractors. You and PlainID are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and PlainID. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of PlainID.
15. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlainID without restriction or notification to you. Any prohibited assignment shall be null and void. Subject to the above, any assignment shall bind and benefit a party’s permitted assigns.
16. Governing Law. These Terms and the relationship between you and PlainID shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.
17. DISPUTE RESOLUTION
17.1. Mandatory, Bilateral Arbitration. YOU AND PLAINID AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT OR THE SITE (EACH, A “DISPUTE”) SHALL BE RESOLVED ONLY BY FINAL AND BINDING BILATERAL ARBITRATION, except that each party retains (i) the right to bring an individual action in a small claims court and (ii) the right to seek injunctive or other equitable relief in a court of competent jurisdiction worldwide to prevent the actual or threatened infringement, misappropriation or violation of a party’s Intellectual Property Rights.
17.2. Arbitration Rules.
17.2.1. You and PlainID hereby further agree that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA“), applies to these Terms to arbitrate.
17.2.2. Unless you and PlainID expressly agree otherwise in writing in respect of a Dispute, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS“), pursuant to JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules“), as modified by these Terms, and consistent with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards“). The arbitrator must honor the terms and conditions of this Agreement (including all liability exclusions and limitations.
17.2.3. Notwithstanding JAMS Streamlined Rule 8(b), you and PlainID agree that any dispute as to the arbitrability of a Dispute brought by either you or PlainID shall be resolved by a court of competent jurisdiction.
17.2.4. The arbitrator’s decision and award shall be final and binding, with some exceptions as set forth in the FAA.
17.3. No Class Arbitrations. THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS. YOU AND PLAINID ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. UNLESS YOU AND PlainID EXPRESSLY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S DISPUTE WITH ANY OTHER PARTY’S DISPUTE(S), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
17.4. Location. Unless you and PlainID expressly agree otherwise in writing, Disputes will be arbitrated in-person at the following locations: (a) if you are a resident of a country in North America, Central America or South America, the arbitration will take place in New York City, New York, USA; or (b) if you are a resident of any other country in the world, the arbitration will take place in Tel Aviv-Jaffa, Israel. In the event JAMS indicates that it is unable to provide, or arrange for, an arbitrator in Israel, you agree that the arbitration will be held in New York County, New York, USA.
17.5. Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in a small claims court for Disputes within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against PlainID on your behalf.
17.6. Opting Out of this Mandatory Arbitration. You can decline this agreement to arbitrate by contacting email@example.com within thirty (30) days of the date you initially agreed to be bound by these Terms (“Effective Date”) and stating that you (include your first and last name, as well as your mailing address) decline to agree to arbitrate Dispute as set forth in this Section 17. Furthermore, and notwithstanding the provisions regarding modification of these Terms, if PlainID changes this Dispute Resolution section after the Effective Date, you may reject any such change by providing PlainID written notice of such rejection to firstname.lastname@example.org within thirty (30) days of the date such change became effective. In order for your notice to be effective, it must include your full name and clearly indicate your intent to reject the change(s) to this Dispute Resolution section. By rejecting such change(s), you are agreeing that you will arbitrate any Dispute between you and PlainID in accordance with the provisions of this Dispute Resolution section as of the Effective Date, as defined above (or the date you accepted any subsequent changes to this Agreement), unless you initially declined to agree to arbitrate Disputes in the manner described above.
17.7. Confidentiality of Proceedings and Decisions. All aspects of the arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential.
17.8. Jury Waiver. In the event any litigation should arise between you and PlainID in any court of competent jurisdiction in a proceeding to vacate or enforce an arbitration award (or otherwise – without limiting this Section 17), YOU AND PLAINID WAIVE ALL RIGHTS TO A JURY TRIAL, AND INSTEAD AGREE THAT THE PROCEEDING SHALL BE RESOLVED BY A JUDGE.
18. General. These Terms shall constitute the entire agreement between you and PlainID concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Section headers and titles are used for information purposes only and shall not be considered when interpreting these Terms. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: January 22, 2018