TERMS OF SERVICE
This website ("Site") is owned and operated by Dentity ("we", "our," or "us"). These Terms of Service apply to any access or use by you ("you," "your," or "User") of the Dentity website (the "Site"), any mobile sites, applications, 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.
By accessing, browsing, or otherwise using the Site, you agree to be legally bound by these Terms of Service, including the Binding Arbitration Notice and Class Action Waiver described below, and the Privacy Policy. PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE AND OUR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
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 ANY SERVICE(S) ONLY FOR YOURSELF.
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 SITE.
Privacy and Security
You acknowledge that you have read, understand and agree to our Privacy Policy, located at https://www.dentity.com/privacy_policy. The Privacy Policy governs the collection, use and disclosure of your personal information. The Privacy Policy is hereby incorporated into and made part of these Terms of Service by reference.
The Services
Dentity provides identity verification 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 website, located at https://www.dentity.com. 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.
Terms of Purchase
Account Registration and Use License: In order to access and use all of the features of the Site, 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 personal, 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 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 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, you are strictly prohibited from creating an account until you remedy such breach in full.
When enrolling on the Site, we will ask you for personal information. This information is required in order to verify your identity, charge you the agreed upon fees for our Services, and to fulfill our obligation to provide our Services to you. For additional information on our privacy practices, please visit our Privacy Policy at https://www.dentity.com/privacy_policy.
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 or older; (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.
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 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 Dentity 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 our 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 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 Service(s) and Site after any such changes or modifications to the Service(s) 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 Dentity 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 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.
Third Party Content: In addition to Dentity Content, the Site may contain information and materials provided by (or derived from) third parties (collectively, "Third Party Content"). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Service, Third Party Content may also be subject to different and/or additional terms of use and/or privacy notices of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.
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.
Website Links
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. For example, we listen to and record calls for quality monitoring purposes.
Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF DENTITY IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DENTITY IS 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 DENTITY WEBSITE OR IN ANY OTHER MATERIALS YOU MAY RECEIVE FROM DENTITY 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 DENTITY WEBSITE OR THE DENTITY SERVICES. YOUR USE IS SOLELY AT YOUR OWN RISK.
DENTITY DOES NOT AND CANNOT DETECT, PREVENT, OR REPORT ALL DATA BREACHES OR IDENTITY THEFT. WE DO NOT AND CANNOT GUARANTEE THAT IDENTITY INFORMATION MADE AVAILABLE ON DENTITY IS ACCURATE OR UP TO DATE.
Limitation of Liability
Indemnification: YOU AGREE TO DEFEND AND INDEMNIFY US FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR ANY IDSTRONG CONTENT.
Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY IN THESE TERMS, WE PROVIDE THE SITE (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 RESTS WITH YOU. DENTITY 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. DENTITY MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITES OR THAT THE SITES WILL BE UNINTERRUPTED, OR THAT THE SITES 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 (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 Nevada, 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 Clark County, Nevada, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
Binding Arbitration Notice
You and Dentity agree that if there is any dispute or claim arising from or related to our Services, these Terms of Service, and/or the Privacy Policy it will be resolved by confidential binding arbitration in Clark County, Nevada rather than in court, after first giving Notice of the Dispute ("Notice") to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to Dentity, 23371 Mulholland Drive, Los Angeles, CA 91364. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
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.
General
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.
Contacting Us
If there are any questions regarding these Terms of Service, please email us at [email protected]
Updated and Revised: July 12, 2021