This website (“Site”) is owned and operated by Dentity Partners, Inc. (“Dentity,” “we”, “our,” “us,” or “Company”). These Terms of Service apply to any access or use by you (“you,” “your,” or “User”) of the Dentity websites (the “Site” or “Sites”), any mobile sites, applications, pop-ups, dashboards, widgets, and other mobile interactive features associated with the Site and all digital assets contained or offered therein (collectively, our “Services”), through other services that we may offer in connection with our Site and Services, through our official social media pages that we control, as well as through email and SMS messages that we send to you.
You represent that you are a natural person over eighteen (18) years of age, that your access to or use of the Site and the Services does not violate applicable laws, and that you agree with all the terms of these Terms of Services. You further represent and warrant that you are enrolling in the Service(s) only for yourself. If you are enrolling for the Service(s) on behalf of a company, you certify that you are an authorized representative of the company and agree that your account is subject to approval by us.
If you do not agree to these Terms of Service, you must not enroll or register for any of the Services or otherwise use the Sites.
Dentity provides age and identity verification services, digital wallet services, and digital credential services (the “Services”). We rely on third parties to validate the information and documents that you provide us. We represent and warrant that the Services perform materially in accordance with the applicable description of such Services on our Siites. Our sole obligation, and your sole and exclusive remedy, in the event of any failure by us to comply with this section will be for us to, at our option, (a) remediate any material non-conformity or (b) refund to you the fees you actually paid for the time period during which the affected Services do not comply with this section.
Any use or reliance on any materials posted via the Services or obtained by you through the Site is at your own risk. We do not guarantee the completeness, truthfulness, accuracy, or reliability of any information or communications posted via the Services.
Acceptable Use Policy
You agree not to use the Sites or the Services to collect, upload, transmit, display, or distribute any content or to take any action that: (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) attempts to bypass or break any security mechanism on any of the Sites or Services which could pose a security or service risk to Dentity or its customers; (vi) attempts to reverse-engineer the Site or Services in order to find limitations, vulnerabilities, or steal Company IP including trade secrets, and copyrighted works; (vii) launches or facilitates, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other activity that adversely impacts the availability, reliability, or stability of the Services; (viii) transmits any material or data that contains viruses, Trojan horses, spyware, works, or any other malicious or harmful program; (ix) engages in any unsolicited advertising, marketing, or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any relevant jurisdiction; (x) attempts to solicit information from users without their explicit consent or under false pretenses; (xi) creates false identities, credentials, or any other attempt to use the Site or Services in a unlawful or nefarious way.
Terms of Purchase
Account Registration and Use License: In order to access and use all of the features of the Site or Services, you can register for an account (“User Account”). When you register for a User Account, you must provide true, accurate information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms, Dentity hereby grants to you the limited, non-exclusive and non-transferable right and license to access and use the Site by displaying it on your Internet browser only for the purpose of using the Services and not for any commercial use (e.g., resell the Services) or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of these Terms shall result in the immediate revocation of the limited license granted in this paragraph without notice to you.
Account Information: As part of the account creation process, you’ll be asked to verify that you are a human being by providing a telephone number to which we will send you a verification code to enter into an online form. When creating an account, you must provide true, accurate, current, and complete information about yourself as requested during the account creation process. You must keep that information true, accurate, current, and complete after you create an account. If you breach these Terms, including, without limitation, providing us with false information about your identity (including the use of altered or false identity documents), you are strictly prohibited from creating an account until you remedy such breach in full.
Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) are at least 18 years of age; (ii) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, and (iii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction; and (iv) have a valid government-issued ID document.
BY USING OUR SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER AND MEET ALL ELIGIBILITY CRITERIA OUTLINED IN THIS PARAGRAPH.
Account Confidentiality, Security & Passwords: Upon registration on the Site, you will provide us with information required to secure your account. You are responsible for maintaining the confidentiality and security of this information or device, your User Account, and for all of your activities and those of any third party that occur through your User Account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your User Account.
YOU AGREE THAT WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY COST, LOSS, DAMAGES OR EXPENSES ARISING OUT OF A FAILURE BY YOU TO MAINTAIN THE SECURITY OF YOUR ACCOUNT.
Trial Periods: We may offer you access to a free trial use of the Services. If you choose a free trial, your paid subscription will begin following the expiration of the free trial period, and fees for your subscription will be billed to the payment method provided as part of your Payment Information. To cancel your subscription before incurring your first subscription charge, login to your User Account and cancel the subscription within the trial period.
Payment of Fees: Payment of fees for purchases of the Services must be made with current and valid payment method information (“Payment Information”). If your Payment Information is insufficient, or not accurate, current, and complete, and you do not notify us promptly when such information changes, we may refuse your use of the Services and, where applicable, suspend or terminate your subscription. Upon completion of the registration process, and payment to us of any fees owed, you will become eligible to receive the Services for which you have enrolled.
Billing Policies: You agree to pay fees in accordance with then-current applicable rates as set forth in the applicable payment page when creating an account to use the Services. Payment obligations are non-cancellable and once paid, are non-refundable. Fees will be billed to the payment method provided as part of your Payment Information on a recurring monthly basis until you cancel your subscription. You may cancel your subscription at any time through your User Account. Please note that subscription fees are billed monthly in advance; we will not refund the unused portion of your monthly subscription.
Charges for the Services will appear on your credit or debit card bill as DENTITY or DENTITY.COM.
Termination and Suspension: We may suspend the Services immediately upon notice to you for cause if, we in good faith, determine: (a) that you materially breach (or we, in good faith, believe that you have materially breached) any provision of these Terms; (b) there is an unusual and material spike or increase in your use of the Services and that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Services; (c) that our provision of the Services is prohibited by applicable law or regulation; (d) there is any use of the Services by you that in our judgment threatens the security, integrity, or availability of the Services; (e) that information in your account is untrue, inaccurate, or incomplete; or (f) that you are using the Services in violation of any applicable law, our Acceptable Use policy, or in a way that threatens the safety or security of others.
If we suspend the Services pursuant to this Terms, we will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur in connection with any such suspension.
You may end your legal agreement with the Company at any time by cancelling your account and discontinuing your use of the Services. Any cancellation request will result in the cancellation of any upcoming invoices and/or bills associated with your User Account.
Effect of Termination: Except where an exclusive remedy may be specified in these Terms of Service, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Service. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
Changes to the Site or Services
We reserve the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time. We may also modify the terms that apply to the features and your use of the Site or Services, including the benefits associated with each subscription level. We shall make reasonable attempts to provide you with notice of such modifications by posting them on the Site. We have no obligation to provide direct notice of any such changes. We reserve the right to define eligibility criteria for the Services and make changes to those criteria at any time.
Unless you have otherwise affirmatively agreed to such changes, by continuing to use the Site and the Service(s) after any such changes or modifications) become effective, you agree to be bound by the revised Terms. If you object to such change, your sole remedy shall be to terminate and/or cancel the Service. You can cancel the Service at any time.
Restrictions on Use
You are responsible for your access or use of the Site and the Services.
General Use Restrictions: You agree that you shall not: (a) access or attempt to access any account that you are not authorized to access; (b) modify or attempt to modify the Site or Service(s) in any manner or form; (c) copy, distribute, or create derivative works based on the Dentity Content (as defined below); (d) exploit the Dentity Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity; or (e) sublicense, sell, resell, or otherwise convey Dentity Content or any elements thereof.
Dentity Content: Without limitation to these Terms of Service, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them (individually and collectively, the “Dentity Content”). We expressly retain all right, title and interest in and to the Dentity Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted by these Terms of Service, any use of the Dentity Content may violate copyright and/or other applicable laws.
Trademarks: Dentity, its logo, and all of our product names are trademarks and services marks of Dentity (collectively “Dentity Trademarks”), and nothing in these Terms shall be construed as granting any license or right to use the Dentity Trademarks without our prior written consent. All trademarks, service marks and logos included on the Site (“Marks”) are the property of Dentity or third parties, and you may not use such Marks without the express, prior written consent of Dentity or the applicable third party.
No Automated or Non-Human Means of Access: You may not access or use the Site or Services through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the Site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site’s operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
Monitoring of Dentity Content and use of Site: We reserve the right, but do not undertake the obligation, to monitor the use of the Site, and to investigate and take appropriate legal action against any party that uses the Site or Services in violation of these Terms of Service or applicable law.
The Site may contain links to and integrations with third party websites and services, and you agree that we provide links to and integrations with such websites and services solely as a convenience and we have no responsibility for the content or availability of such websites or services, and that we do not endorse such websites or services (or any products or other services associated therewith). Access to any other Internet site linked to the Site is at your own risk, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Service.
TCPA Consent and Privacy
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, by using the Services, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account with information or questions about your account.
You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by email, using any email address you have provided to us or that you provide to us in the future. We may record phone calls between you and our representatives without notice to you as permitted by applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” WE EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED ON THE SITE OR IN ANY OTHER MATERIALS YOU MAY RECEIVE FROM THE COMPANY DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, AVAILABILITY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE OR THE SERVICES. YOUR USE IS SOLELY AT YOUR OWN RISK.
THE COMPANY DOES NOT AND CANNOT DETECT, PREVENT, OR REPORT ALL DATA BREACHES OR IDENTITY THEFT. WE DO NOT AND CANNOT GUARANTEE THAT USER INFORMATION MADE AVAILABLE THROUGH THE SITE OR SERVICES IS ACCURATE OR UP TO DATE.
Limitation of Liability
Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY IN THESE TERMS, WE PROVIDE THE SITE AND SERVICES (INCLUDING WITHOUT LIMITATION ANY AND ALL DENTITY CONTENT) “AS IS” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT — INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK IN THE USE OF THE SITE AND SERVICES RESTS WITH YOU. THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON ANY MATERIAL CONTAINED ON THE SITE OR SERVICES. DENTITY MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITES OR THAT THE SITES WILL BE UNINTERRUPTED, OR THAT THE SITES, THE SERVICES, AND/OR THE DENTITY CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT DENTITY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITES, THE SERVICES, OR ANY DENTITY CONTENT — WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DENTITY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU UNDER THESE TERMS FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
Governing Law and Jurisdiction
These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict of laws principles. All claims/disputes arising out of or relating to these Terms of Service will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in or near Los Angeles, CA, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
Binding Arbitration Notice
Class Action Waiver: Each party agrees that any disputes between the parties must be brought against each other on an individual basis only. That means neither party can bring a dispute as a plaintiff or class member in a class action, consolidated action, or representative action. An arbitrator cannot combine more than one person’s or entity’s disputes into a single case and cannot preside over any consolidated class or representative proceeding. Each party agrees the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought a dispute and cannot impact or otherwise be used to decide disputes with other people or entities, including other Dentity customers. If a court decides that this section is not enforceable or valid, then this section will be null and void, but the rest of these Terms will still apply.
These Terms of Service constitute the entire agreement between you and us with respect to matters set forth in these Terms of Service and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Service. These Terms of Service will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Service are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Service and may not affect the meaning or interpretation of these Terms of Service. If any provision of these Terms of Service is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Service; and in any event, the remaining provisions of these Terms of Service will remain in full force and effect. No waiver of any of the provisions of these Terms of Service is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.
Changes to these Terms of Service
We reserve the right to amend these Terms of Service at our discretion and at any time. When we make changes to these Terms of Service, we will post the new Terms of Service on the Site. By continuing to access, browse, or otherwise use the Site, you agree to be legally bound by any such new Terms of Service.
If there are any questions regarding these Terms of Service, please email us at email@example.com.
Updated and Revised: January 19, 2022