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GoVerifyID Application Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING GOVERIFYID.

ImageWare Systems, Inc. (“we” or “us”) makes the GoVerifyID application (the “App”) and related website (the “Site”) available to you under these Terms of Use. We also make the Site and related applications and services available to employers and service operators (such as banks, health care providers, retail establishments and others) who may want to verify your identity (?Service Operators?). The App and the Site are referred to together as the “Service.” By registering as a user through the App or on the Site you are becoming a registered user for the particular Service Operator that is using GoVerifyID as part of its security process. By registering, you unconditionally agree to follow and be bound by these Terms of Use. Your Service Operator may have additional terms and conditions that will apply to your account with that Service Operator. When you enroll your biometric information you understand that both we and your Service Operator may access and use this information. If you do not agree to be bound by and comply with all of these Terms of Use, you may not use the Service.

  1. Permitted Users
    The Service is available only to users who are at least 18 years old.
  2. Modifications of this Agreement
    We reserve the right to update or modify these Terms of Use, at any time and for any reason, without penalty or liability to you or any third party. By using the Service after any such changes, you unconditionally agree to follow and be bound by these Terms of Use as changed. For these reasons, we encourage you to periodically review these Terms of Use. We will make note of changes to the Terms when you use the Service after a change has been made. It is your responsibility to review the changes.
  3. Disclaimers
    THE APPLICATION AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED IN OR BY THE SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO GUARANTEES ABOUT THE SAFETY OR SECURITY OF YOUR INFORMATION, NOR THAT IDENTITY VERIFICATION WILL BE ERROR FREE. NO COMMUNICATION, INFORMATION, OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
  4. Requirements for Use
    In order to use the Service, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use of the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Service. You agree that you are responsible for meeting these requirements and for your use of the internet, any associated fees, charges or expenses.
  5. Third-Party Websites and Materials
    References or links within the Service to any third parties or their websites or information are provided only as a convenience to you and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. Further, we supply the Service as part of the services you obtain from your Service Operator but we are not affiliated with and do not represent your Service Operator. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials, including those of your Service Operator. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of any third parties.
  6. Further Disclaimers and Technology Support
    We do not warrant or guarantee that the Service will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery, uploading and security of biometric information or otherwise interfere with the operation of the Service. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Service, particularly relating to any failure of the system to function as expected.We have no obligation to provide technical support or maintenance for the Service. Check with your Service Operator if you detect any malfunctions. At any time and for any reason, without notice or liability, we may modify or discontinue the Service or any part of it or impose limits on your use of or access to the Service.
  7. User Content and User’s Responsibilities
    The personal and biometric information, images, photographs, data and other materials that you submit (collectively “User Content”) to us through or related to the Service will be used by us and by third parties including your Service Operator to verify your identity and for related purposes. You represent and warrant that you have all necessary permission to submit or otherwise make available such User Content and that all such information is true and accurate and that you are not falsifying information or impersonating another person. You acknowledge that we are entitled to rely on the information you submit for authentication purposes. Company is not responsible for policing the Service or for monitoring any User Content. We have no obligation to destroy or return any User Content to you.
  8. Privacy
    The personal information you provide to us through your use of the Service is governed by our Privacy Policy. We respect your privacy, and a complete statement of our current privacy policy can be found by clicking here. We may update our policies and practices from time to time at our sole discretion.
  9. Account and Password / Passcode / Biometric.
    The Service will allow you to record and store information including biometrics. You agree to keep your information accurate, complete and current. You are responsible for the security and confidentiality of your Service account and password and any activity on your account. It is your sole responsibility to monitor and control access to and use of your account and password. At any time, you may delete your account via the App or Site.
  10. Restrictions
    You may not lend, rent, sell, redistribute, assign, sublicense or otherwise transfer the App or the right to download or use the App; use the App or the Service for any commercial purpose; copy, decompile, reverse engineer, disassemble, derive the source code of the App; modify or create derivative works of the App; remove any copyright or other proprietary notations from the App; or transfer the content or materials from the App or Site to anyone else or “mirror” the same on any server; or attempt to do any of the foregoing. If you violate any of these restrictions, you may no longer use the Service and you may be subject to prosecution and damages.You further agree that you will not reproduce, sell, or exploit the Service, its content, its software or any portion of any of the foregoing; you will not use the Service for any purpose in violation of local, state, national or international laws; and you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to interfere or attempt to interfere with the proper working of the Service or to disrupt the operations or violate the security of the Service or attempt to gain access to data stored in the Service other than your own data to which you are granted access through use of the App. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations.
  11. Ownership and License
    We own the Service. We do not transfer to you any title to or any proprietary or intellectual property rights in or to the Service, any updates or derivative works of the App, or its documentation, or any copyrights, patent rights, or trademarks embodied or used in connection with the Service.
    Subject to your compliance with these Terms of Use and any additional terms made available to you by us, we grant you the limited, non-exclusive, non-transferable right to access and use the Service only with supported browsers and devices, and solely in the manner and for the purposes described in these Terms of Use, on the Site, or in any relevant documentation provided by us. You may install and use one copy of the downloaded App only in a manner consistent with its purpose and for use only in connection with the Service.
  12. Copyright and Trademarks
    You agree that the Service contains proprietary content, information and materials that are protected by intellectual property and other laws in the United States and internationally. Service marks, trade names, trade dress and products are the property of their respective companies. No license is granted to you with regard to any marks or materials contained in the Service. All Service software is our property or the property of our suppliers and protected by U.S. and international copyright laws. Any use of the Service or its content that is not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. All rights not expressly granted to you in these Terms of Use are reserved by us and our licensors.
  13. Limitations on Liability
    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID FOR THE APP OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS MORE.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.Any claims arising in connection with your use of the Service must be brought within 1 year of the date of the event giving rise to such action occurred. Your remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use fails of its essential purpose.
  14. Indemnity
    You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, agents, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising from or relating to your use of the Service or your breach or violation of these Terms of Use.
  15. Termination of Service
    These terms are effective until terminated by either you or us. You may terminate this agreement at any time, provided that you discontinue any further use of the Service. If you violate these Terms of Use, our permission to you to use the Service automatically terminates. We may, in our sole discretion, terminate this agreement and your access to any or all of the Service, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of these Terms of Use, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of this agreement by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Service, all Documentation, and all copies of such materials and documentation. The following provisions survive the expiration or termination of this agreement for any reason whatsoever: Limitations on Liability, Indemnity, Choice of Law and Forum, Complete agreement and Severability.
  16. Choice of Law and Forum
    This agreement shall be governed in all respects under the laws of the state of California, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the state courts of the State of California sitting San Diego, California, or if any such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States District Court sitting in San Diego, California You and we each waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.
  17. Complete Agreement
    These Terms of Use constitute the entire agreement between you and us relating to your access to and use of the Service. Anything contained in or delivered through the Service that is inconsistent with or conflicts with the terms of these Terms of Use is superseded by the terms of these Terms of Use. These Terms of Use may not be modified, in whole or in part, except as described elsewhere in these Terms of Use.
  18. Severability and Waiver
    If any of the provisions these Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. Our failure to act with respect to a breach by you or others of these Terms of Use does not waive our right to act with respect to similar or other breaches.
  19. Assignability
    You agree that these Terms of Use and all incorporated agreements between you and us may be assigned by us, in our sole discretion, to an affiliate or to a third party in the event of a merger, acquisition or liquidation.
  20. Contact information
    All notices to you relating to these Terms of Use shall be posted on the Service or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this agreement shall be in writing and sent to the following: ImageWare Systems, Inc., 13500 Evening Creek Drive North, Suite 550, San Diego, California 92128.Notice shall be deemed given when notice is posted on the Service or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.