These Terms and Conditions of Service and Use is a legally binding agreement between Secure Identity Systems® and all users of SecureMobile mobile and web applications. Use of Secure Identity Systems’ Services constitutes acceptance of these Terms and Conditions of Service.
SecureMobile sites and mobile application are operated by subsidiaries and affiliates of Secure Identity Systems LLC ("SECUREMOBILE", "we", "our", “SIS”, and "us"). These Internet sites and mobile application offer a wide variety of resources, products and services, which include mobile protection, location services, communication tools, online directories, administrative services, download areas, some or all of which may be accessed through a variety of means (all of which are collectively called our "Site", "Sites", “Application” or “App”). The term "you" or "your" refers to and includes the person(s) or organization(s) accessing Our Sites, Apps, and other services and any of your subsidiaries, affiliates, employees and parent or legal guardian.
By using our Site, you represent that you are at least 18 years old. Accordingly, you agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, SECUREMOBILE may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof). You agree that SECUREMOBILE may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Sites or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Sites (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if SECUREMOBILE elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Sites, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Sites. You agree that all terminations and suspensions for cause shall be made in SECUREMOBILE's sole discretion and that SECUREMOBILE shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Sites. Further, SECUREMOBILE reserves the right, to immediately terminate or suspend your account, any associated email address, and access to the Sites at any time for any reason and without notice to you in its sole discretion.
If any portion of our Site requires you to register or open an account, you may also be asked to choose a password, PIN, and/or a user name or email. Please select a password and/or PIN that would not be obvious to someone trying to guess your password and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify SECUREMOBILE of any unauthorized use of your password and/or PIN or account or any other breach of security. Without limiting any rights which SECUREMOBILE may otherwise have, SECUREMOBILE reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password and/or PIN, or requesting additional information to authorize transactions on your account. Notwithstanding the above, SECUREMOBILE may rely on the authority of anyone accessing your account or using your password and/or PIN and in no event and under no circumstances shall SECUREMOBILE be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of SECUREMOBILE under this provision, (ii) any compromise of the confidentiality of your account or password and/or PIN and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.
The Site requires a user name and a password. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Site or Services and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.
Violating the security of our Site is prohibited and may result in criminal and civil liability. SECUREMOBILE may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that SECUREMOBILE makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
The Services are for personal use only. You may not enroll in the Services unless you are 18 years of age or older. You may not use Services to obtain information about or make decisions about anyone but yourself. You are responsible for any reliance by you on the Services. Note that some Services may require your agreement to additional third-party service providers. SIS is not responsible for your agreement to or reliance upon any such terms. If, for any reason, we are unable to activate a feature of the Services, the inability to access any feature may not result in termination of the Services unless otherwise terminated by SIS in our sole discretion.
You promise that you will not use are attempt to use the Services in any way that may cause you or us to breach any applicable laws or the rights of any third party; transfer files that contain viruses, Trojans or other harmful programs or use the Services in any way that may damage or disrupt another’s computer; nor access the accounts of other users, penetrate the Services’ security measures or use the Services as a means to collect or store personal data about others or to engage in marketing activities.
The Application may allow You and account holders on your account to locate each other and see where they are on a map provided that the Application is installed on each account holder's device. The Application may also allow users to check-in on a map and send their location via text message or email to contacts in their address book. When You initialize “S”Map for a device included on your account, “S”Map will notify the user of the device via SMS text message and/or email that the device may be located by You. Thereafter, “S”Map may send periodic notices to such device informing the user that the device may be located. The “S”Map may be accessible through both the SECUREMOBILE mobile app as well as the SECUREMOBILE web dashboard which will be made available to you after you successfully register your device(s).
This Application accesses and uses Your personally identifiable location information ("Your Location Information") in order to track Your Device location as well as the location of Devices on Your account that may be located by this Application. The Application also allows You to send Your location via text message and/or email to any of Your contacts in Your Device address book. By using this Application, You agree that SIS may collect and use Your Location Information and may collect, use and disclose geographic location to provide “S”Map services and such service may also include functions that are incidental and necessary to the service and for improvements such as improving location accuracy when using “S”Map services. SECUREMOBILE may aggregate and use Your Location Information to report usage or to maintain and improve the Application. This notice may serve as Your sole notice that the Application may collect Your Location Information and You may not receive any reminders or further notice. If you wish to stop allowing Your Location Information to be tracked and shared by this Application, You must uninstall the Application.
In order to perform the functions of this Application, SIS, its pertinent suppliers and their subsidiaries and agents may collect, maintain, process and use Your personal information including Your Device phone number, Your name, address, telephone number, account number, equipment identifiers, and Internet Protocol addresses. By using this Application, You agree to any applicable disclosures and uses of Your personal information. SIS may aggregate and use Your Personal Information to report usage or to maintain and improve the Application. This notice may serve as Your sole notice that the Application may collect Your Personal Information and You may not receive any reminders or further notice. If you wish to stop allowing Your Personal Information to be tracked and shared by this Application, You must uninstall the Application.
By activating “S”Map, You acknowledge and agree that information concerning the location of Your Device and the Devices of account holders on your account may be disclosed to others as part of the service, and You further, agree to notify any users of Your device(s) concerning this disclosure of location information. You also represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement on behalf of Yourself and users on your account. You may modify aspects of “S”Map including when a user can be located and by whom via the options provided in the Location Privacy Settings which can be accessed by logging into Your Account by going to www.thesecuremobile.com. Once logged in, select Manage Devices. Data and messaging rates may apply when You use this Application.
You agree not to use or permit others to use “S”Map while driving a motor vehicle. You agree to use “S”Map or the location information provided thereby only for lawful purposes, and You agree to comply with all applicable laws and rules and any additional terms that SIS may incorporate into this Agreement. You agree that You will not misuse the “S”Map service. You will be responsible for any costs incurred by SIS or any other party (including attorney’s fees) as a result of your misuse or fraudulent use of “S”Map. Misuse or fraudulent use includes, but is not limited to:
You acknowledge and agree that “S”Map provides an approximate location of the requested handset and does not provide guaranteed results. In order for “S”Map to work, the wireless device on which the service is located must be turned on, charged and located within your coverage area, among other factors. Accuracy of the location information obtained via “S”Map is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of wireless networks, satellites and satellite data. By entering into this agreement, you acknowledge the results You may obtain from “S”Map, including but not limited to directions, maps, and requested locations or messaging, may not be accurate, timely or reliable. SIS reserves the right to set limits on the use of “S”Map at its discretion. You cannot utilize “S”Map to locate devices that are not in the United States. The “S”Map requires users to enable network location services and device-based GPS services.
When you are logged into the Application, you may receive a message asking if you would like to allow push notifications. Push notifications are a way for an application to deliver information, including alerts, sounds and icon badges, to your mobile device. Push notifications can be delivered whether or not you are currently logged-in to and/or using the Application and whether or not your device is in locked and/or sleep mode. The following are examples of the types of push notifications we may send, depending on your “S”Map account and your preferences: "Know your family member arrived home. Set up your alerts," "Find My Device”, and "Get better location results. Invite your family members to get FamilyMap for their iPhones." The Application does not charge a fee for sending push notifications. You may also adjust push notifications at any time through your device notification settings.
SIS does not upload your contacts information to or store it in any database. However, in order to provide the Services, SECUREMOBILE may access your Devices address book. You must give SIS permission to do so. Without that permission, SIS may not be able to provide its Services to You.
You agree that SIS or its vendors have the right to, at will, remotely wipe or reset your Device to its factory default remotely. You agree that if Your Device is lost, stolen, or believed to be compromised, SIS or its vendors may require that the Device be remotely locked and/or wiped.
Your Device and Device settings must be compatible with, and not interfere with, our Services and must comply with all applicable laws, rules, and regulations. The Services are available only in the United States. Secure Identity Systems reserves the right to add additional countries and/or territories at its own discretion. You agree that Secure Identity Systems will not be held responsible for failure to provide, or for delay in providing, Services when such failure or delay is caused by conditions beyond its control. Certain Services may allow Primary Members to enroll devices that may be in possession of a minor; such enrollment is conditioned upon a Primary Member being a parent or legal guardian of such minor. Secure Identity Systems may require documentation, directly or indirectly, to prove the relationship with any such minor child. A Primary Member’s acceptance of these Terms and Conditions of Service will apply to such all minor children of such Primary Member, and such acceptance acts as an express acceptance of these Terms and Conditions of Service on behalf of such minor children.
Secure Identity Systems reserves the right to change, modify or discontinue any of the Services, in whole or in part, at any time.
The items covered under this policy, limit of insurance, and deductible amount are detailed below. This Personal Electronic Device Protection Policy will only cover the items listed below. Coverage includes an Insuring Agreement, an explanation of your Duties in the Event of Loss or Damage, Settlement Options and General Rules and Conditions. Your policy may also include one or more endorsements. An endorsement is a document which changes Your policy. This policy applies ONLY to loss occurring during the policy period and only for the Items and Limits of Insurance detailed in this section.
THE INSURING AGREEMENT
WHAT THIS AGREEMENT COVERS: We will cover Losses for the Coverage Option(s) listed below as long as the following conditions have been met:
DEDUCTIBLE: When You elected to enroll for this insurance, You agreed to a deductible. This deductible is detailed below. Your deductible applies first to each loss. Then We will pay any amount over this deductible up to the limit of insurance for Your coverage.
INSURABLE INTEREST: We do not cover more than Your insurable interest in any property. Therefore, the limit of insurance must represent the replacement cost value of the property You are insuring.
LIMIT OF INSURANCE: The limit of insurance for Your selected coverage that is detailed below, applies to all losses arising from any one event. Any amount We pay will not reduce Your coverage for future losses. We will cover a maximum of two (2) events per twelve (12) month period.
POLICY PERIOD: Period for which coverage is in force as stated below. A loss must occur within this period to be covered.
POLICY TERRITORY: This agreement protects Your covered property against direct physical loss or damage worldwide. We will provide the protection stated in Your Electronic Device Protection Policy for the Coverage and Limits of Insurance as shown in these Terms.
LOSSES WE WILL NOT COVER: Corrosion & Rust, Cosmetic Damage, Dishonest Acts, Intentional Acts, Nuclear Hazard, Power Surge (except lightning), Theft From An Unattended Vehicle, War-Government Seizure and Wear And Tear.
PROPERTY WE WILL NOT COVER: The policy does not cover video games, DVD’s, CD’s, MP3 files, ring tones, contact lists, video screen savers, headphones, applications, programs, pictures, video files, audio files and data, and merchandise for sale.
YOUR DUTIES IN THE EVENT OF LOSS OR DAMAGE
If You have a Loss to property covered by this policy, You must:
At Our discretion, Your loss will be settled at replacement cost value with no deduction for depreciation, less the deductible listed in this section.
OTHER COVERAGE PROVIDED THROUGH THE SIS RECOVERY GUARANTEE
GENERAL RULES AND CONDITIONS
Policies in some states differ and these exceptions to the general rules are shown where applicable.
COVERAGE BEGINS: Your coverage begins at 12:01 a.m. Standard Time at the location of Your property the day you successfully register your Device using the SECUREMOBILE app. Your coverage ceases at 12:01 a.m. on the expiration date.
WAITING PERIOD: There is a 30-day waiting period for claims resulting from Coverage for Accidental Damage: Drops, Liquid Spills and Liquid Submersion, Theft, Burglary, Robbery, Loss, Mysterious Disappearance, and Warranty Coverage: Mechanical Failure and Manufacturer Defect. Damages that occur within this waiting period will not be covered.
ABANDONMENT: There will be no abandonment to us of any property.
APPRAISAL: If You and We do not agree on the amount of the loss or the value of covered property, either party may demand that these amounts be determined by appraisal. If either makes a written demand for appraisal, each will select a competent, independent appraiser and notify the other of the appraiser's identity within 20 days of receipt of the written demand. The two appraisers will then select a competent, impartial umpire. If the two appraisers are unable to agree upon an umpire within 15 days, You or We can ask a judge of a court of record in the state where the property is located to select an umpire. The appraisers will then determine and state separately the amount of each loss. The appraisers will also determine the value of covered property items at the time of the loss, if requested. If the appraisers submit a written report of any agreement to us, the amount agreed upon will be the amount of the loss. If the appraisers fail to agree within a reasonable time, they will submit only their differences to the umpire. Written agreement so itemized and signed by any two of these three, sets the amount of the loss. Each appraiser will be paid by the party selecting that appraiser. Other expenses of the appraisal and the compensation of the umpire will be paid equally by You and us.
ASSIGNMENT: This policy may not be assigned without Our written consent.
BENEFIT TO OTHERS: Insurance under this coverage will not directly or indirectly benefit anyone having custody of Your property.
MISREPRESENTATION, CONCEALMENT OR FRAUD: This policy will not provide coverage if You mislead us, willfully conceal information, misrepresent any material information or attempt to defraud us, or lie to us about any matter concerning the insurance, either before or after a loss. Any person who, with intent to defraud or knowing that he/she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is engaged in insurance fraud. Unintentional errors or oversights will not affect Your coverage.
NONRENEWAL: We may elect not to renew this policy by mailing or delivering written or electronic notice of nonrenewal, stating the reasons for nonrenewal, to Your last mailing address known to us. We will mail or deliver these notices at least sixty (60) days before the:
Otherwise, We will renew this policy unless:
PAIRS, SETS OR PARTS: If Your loss involves pairs, sets or parts, We may elect to repair or replace any part or restore the pair or sets to its value before the loss. Or, We may elect to pay the difference in the value of the property before and after the loss.
POLICY CHANGES: Policy changes can only be made by attachment of a written form to the policy. Nothing else, including notice to Our agent, will change this policy or alter any of its terms.
SALVAGE AND RECOVERIES: If We pay You for the cost to replace insured property or pay the policy limit, We retain all salvage rights for remaining parts and/or recovered property.
STATE LAW: Any part of this policy which conflicts with the laws of Your state is automatically changed to conform to the law.
SUBROGATION: In the event of a loss, You may be able to recover part or all of Your loss from someone other than us. Because of this, You must do all that is possible after loss to preserve any rights You may have to such recovery. If We make a payment under this policy, Your right of recovery then belongs to us. You must help us as much as You can to enforce these rights. An innocent insured who is the subject of criminal domestic violence by another insured cannot waive his or her right to recover. We retain all rights set forth by this subrogation condition with regard to Our right to recover, up to the amount We pay, for loss caused by an act of criminal domestic violence.
IF WE DISAGREE: If We do not agree on the amount of Your Loss, the following procedure will be used:
SUIT AGAINST US: You agree not to sue us to recover under the policy unless You have lived up to all of the terms of this policy. If You do sue us, You agree to do so within twelve (12) months from the date You became aware of the Loss. State law gives You more time when Your Loss occurs in these states: Missouri: ten (10) years; Michigan and South Dakota: six (6) years; Arkansas, Kansas and Florida: five (5) years; Wyoming: four (4) years; New Hampshire, North Carolina, North Dakota and Utah: three (3) years; Alaska: three (3) years after the date that the claim was denied; Maryland: within three (3) years from the date it accrues; Georgia, Kentucky, Maine, Massachusetts, Minnesota, Oregon and Virginia: two (2) years; Illinois: the one year period is extended by the number of days between the date the proof of loss was filed and the date the claim is denied in whole or in part. If any applicable law makes this limitation invalid, then suit must begin within the shortest period permitted by law.
CORROSION & RUST: We will not cover loss or damage caused by or resulting from corrosion, rust or changes in humidity or temperature.
COSMETIC DAMAGE: We will not cover loss for Cosmetic damage. Cosmetic damage means damage or changes to physical appearance of the covered property that does not impede or hinder the normal operational function of the scheduled property such as scratches, abrasions, change in color, texture, or finish.
DISHONEST ACTS: We will not cover loss or damage caused by Your dishonesty or anyone acting for You. Nor do We cover any loss or damage arising from Your illegal acts whether committed alone or in collusion with others. However, if the loss is caused by an act arising out of a pattern of criminal domestic violence and the perpetrator of the loss is criminally prosecuted for the act causing the loss, this exclusion does not apply to an otherwise covered loss suffered by another insured who did not cooperate in or contribute to the act that caused the loss.
ENTRUSTED: Assigning the responsibility of the insured item to someone other than the insured.
ELECTRICAL BREAKDOWN: We will not cover loss or damage to electrical equipment caused by electricity other than lightning. If a fire results, We will pay for the loss or damage caused by the fire.
INTENTIONAL ACTS: We will not cover loss or damage caused by Your intentional damage or destruction of property covered under this policy.
LOSS(ES): Any one incident in which one or more items of personal property is damaged, destroyed or stolen.
MECHANICAL BREAKDOWN: We will not cover loss or damage caused by mechanical breakdown or system failure if not caused by accidental damage. If a fire or explosion ensues, We will pay for that loss or damage.
NUCLEAR HAZARD: We will not cover loss or damage caused directly or indirectly by nuclear reaction, nuclear radiation, or radioactive contamination. Loss caused by nuclear hazard is not considered loss caused by fire, explosion, smoke or any other insured peril. Direct loss by fire resulting from the nuclear hazard is covered.
THEFT FROM AN UNATTENDED VEHICLE: We will not cover loss or damage that is caused by or resulting from theft from an unattended vehicle except when it is securely locked, its windows are fully closed, and there is visible evidence that entry into the vehicle was forced.
PROOF OF OWNERSHIP: Records, such as sales receipts to prove ownership of the item(s) being claimed.
POWER SURGE: We will not cover Loss or damage to electronic equipment caused by electricity other than lightning.
REPLACEMENT COST: The amount that an entity would have to pay, at the present time, to replace the insured asset.
UNEXPLAINED LOSS OR MYSTERIOUS DISAPPEARANCE: We will not cover loss or damage where the only proof of loss is unexplained or is caused by the disappearance of property without the knowledge as to place, time or manner of its loss. If Your property was stolen, You are required to notify the local police immediately upon discovery. This policy does not provide coverage if You fail to notify the police.
WAR-GOVERNMENT SEIZURE: We will not cover loss or damage caused directly or indirectly by: War (including undeclared war or civil war); or a warlike action by a military force; or invasion, insurrection, rebellion, revolution, or unlawful seizure of power including action taken by governmental authority to prevent or defend against any of these. We will not cover Your property if it is seized or destroyed under quarantine or Customs regulations, or confiscated by any government or public authority.
WEAR & TEAR: We will not cover loss or damage caused by or resulting from wear and tear, gradual deterioration, insect or vermin. Wear and Tear means the reduction in value to the Insured Product stemming from routine use and exposure.
The Sites provide you access to a wide variety of information, communications, and other services, products, data and materials ("Content"). Some of the Content is owned by SECUREMOBILE and/or its affiliates. Other portions are owned by non-SECUREMOBILE companies or third parties such as suppliers, vendors, and licensors. Some portions of the site may require you to download software ("Software") in order that you may access the Site, the services provided through the Site and/or the Content. The Software may be the property of SECUREMOBILE or a supplier, vendor, or licensor to SECUREMOBILE. The Content and Software are protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in the Terms, you are granted a limited, non-sublicensable right to access the Sites, the Content and the Software for your personal non-commercial use only, except as otherwise permitted. Without limiting the generality of the foregoing, no Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By downloading or using the Software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
As needed to provide the Service to you, you authorize and instruct us to obtain, monitor and compile your “non-public personal information”, “personal information,” and “highly restricted personal information” about you as defined by the Gramm-Leach-Bliley Act (15 U.S.C. §6801 et seq.) and Drivers Privacy Protection Act (18 U.S.C. § 2721 et seq.), respectively, and other personal information.
Trademarks (including but not limited to SECURE IDENTITY SYSTEMS, the SECURE IDENTITY SYSTEMS LOGO, the SECURE IDENTITY SYSTEMS “S”, TOTAL IDENTITY MONITORING, SECUREMOBILE and STEALTHTYPE) that are used or displayed on the Sites are owned by SECUREMOBILE or by third parties other than SECUREMOBILE that offer and provide products and services on or through the Sites. The trademarks of SECUREMOBILE may not be copied or used, in whole, partial or modified form, without the prior written permission of SECUREMOBILE or, if applicable, its licensor. In addition, SECUREMOBILE custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of SECUREMOBILE. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SECUREMOBILE. You may not use any meta tags or any other "hidden text" utilizing an SECUREMOBILE name, trademark, or product name without SECUREMOBILE's express written consent. Other trademarks and trade names are those of their respective owners.
You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties ("Third Party Content and Services").
Parties other than SECUREMOBILE may offer and provide products and services on or through the Sites. Except for SECUREMOBILE branded information, products or services that are identified as being supplied by SECUREMOBILE, SECUREMOBILE does not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. SECUREMOBILE is not responsible for examining or evaluating, and SECUREMOBILE does not warrant the offerings of, any of these businesses or individuals or the content of their websites. SECUREMOBILE does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The Sites may contain links to other websites not operated by SECUREMOBILE. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by SECUREMOBILE of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the Sites is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.
You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that SIS and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that SIS and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You.
SECUREMOBILE does not warrant that information, graphic depictions, product and service descriptions or other content of the Sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event SECUREMOBILE determines that a product or service contains an inaccurate price or description, SECUREMOBILE reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. SECUREMOBILE may make improvements or changes to any of its content, information products, services, or programs described on the Sites at any time without notice. You agree to notify SECUREMOBILE immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by SECUREMOBILE.
The Services for Primary Members will commence once confirmation of enrollment is received by Secure Identity Systems, which may include payment. The subscription will automatically renew per enrollment or payment mode selected (i.e. monthly or annually) unless Primary Member notifies of intent to cancel. Cancellation of the Services requires the Primary Member’s authorization.
If Primary Member wishes to cancel a subscription, Primary Member can contact Secure Identity Systems at email@example.com or call 1-877-304-3349 to cancel Services and receive a refund if applicable, subject to subsection C, below. Once your account has expired or been terminated for any reason, you will have no further right or access to use the deactivated Services, and you immediately shall cease using and destroy all copies of any Software.
If cancellation occurs after initial enrollment:
In order to protect SECUREMOBILE and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the products (i.e. vouchers) and/or services that may be ordered online by a single individual or entity. SECUREMOBILE reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
Secure Identity Systems, LLC and/or You agree to resolve any and all claims and disputes arising out of or relating in any way to the Services and these Terms and Conditions or any of our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Neither You nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that You and we would have if You or we went to court will not be available or will be more limited in arbitration, including discovery and appeal rights. ANY DISPUTE SUBJECT TO ARBITRATION SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
SIS grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a single device owned and controlled by You ("Device"), and to access and use the Application on such Device solely for Your use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal use and not for redistribution or transfer of any kind. This Application may be used in United State of America only.
In addition to all other provisions in these Terms, the following provisions apply specifically to the software used, accessed or delivered as part of the StealthType® software ( the “Software”): Conditioned on your continued compliance with these Terms, the additional terms you will accept upon incorporation to the App or download, and your enrollment or purchase of a version of the Service that includes the Software, these Terms provide you with a revocable, limited, non-exclusive, nontransferable license to use the Software solely as part of the Service. Any rights granted hereby may not be sublicensed, leased, sold, transferred or assigned by you to any third party. You may not make any copy of, or allow access to, the Software other than as expressly permitted in these Terms below. You may use the Software on a network only if you have a valid license for each copy on each computer on the network or it is incorporated directly into the App. You may not make any copies of that Software or allow anyone or any other device or instrumentality to access or use that Software. You may not use a previous version or copy of the Software after you have received an upgraded version as a replacement of the prior version. Upon upgrading the Software, all copies of the prior version must be destroyed.
Notwithstanding the provision of these Terms and Conditions of Service, Secure Identity Systems retains all right, title and interest in its Services, including all intellectual property rights, including but not limited to copyright, trademark, patent, trade secret and other intellectual property rights relating to or resulting from the Services.
You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Device) , and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of SIS or its collaborators, licensors, or suppliers. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of SIS and its collaborators, licensors and suppliers. Title to the Application shall remain with SIS. SIS and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by SIS. These obligations survive termination of this License.
You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SIS or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by SIS; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of SIS or other intellectual property of SIS in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device, (m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application, or (n) interfere with, overload, "flood", "crash" or disrupt “S”Map, which may include but is in no way limited to submitting, in any manner (i.e. manual or automated), an unreasonable number of location requests. You agree to abide by the rules and policies established from time to time by SIS. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this License.
The Application may utilize or include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.
Our Site may have "publicly accessible areas" such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post Content that will be accessible by the public or the user population generally. With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post to such publicly accessible areas of our Site, while you retain any and all of your lawfully owned rights in such Content, you grant SECUREMOBILE a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Site to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such Content that you have placed in publicly accessible areas of our Site. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content. SECUREMOBILE is under no obligation to post or use any Content you may provide and SECUREMOBILE may remove your Content at any time in its sole discretion. You agree that SECUREMOBILE is not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 20 (Acceptable Use), and will not cause injury to any person or entity, and that you will indemnify SECUREMOBILE for all claims resulting from the Content you supply. SECUREMOBILE does not generally pre-screen, or control Content posted by users of our Site, and, therefore, does not guarantee the accuracy, integrity or quality of such Content. SECUREMOBILE shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any Content that is available via our Site for any or no reason, including that any Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Sites, we are only a forum and are not liable for any statements, representations, or Content provided by Site users. Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of SECUREMOBILE. We do not endorse any Content, or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Site is used to disseminate statements that are harmful or inflammatory.
You agree to use our Site and the Content (whether provided by us or others), as well as any Software provided in connection with the Site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:
Unless you are participating in an area of the Site that requires or encourages anonymity, we encourage you to use your real name.
You agree not to propose, post or submit to SECUREMOBILE ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Site. In the event you do so, you hereby grant to SECUREMOBILE a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to SECUREMOBILE the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that SECUREMOBILE is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against SECUREMOBILE for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to SECUREMOBILE, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
You acknowledge that SECUREMOBILE may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on SECUREMOBILE's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow SECUREMOBILE to store electronic communications on its servers. You agree that SECUREMOBILE has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that SECUREMOBILE reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SECUREMOBILE reserves the right to modify these general practices and limits from time to time.
SECUREMOBILE reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Sites and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
SECUREMOBILE may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on SECUREMOBILE's reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of SECUREMOBILE's services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD-PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
SECUREMOBILE's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between SECUREMOBILE and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Tennessee. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. SECUREMOBILE may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of SECUREMOBILE. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site within one year after it arises, SecureMobile coverage may be governed by a master policy; the terms of which are incorporated herein by reference. The issuance of any policy is evidenced by a coverage certificate, summary of benefits, or other similar documents, that has been provided to You, should it apply. You acknowledge receipt of this information and agree to be bound by the terms, conditions, limitations, and exclusions of the policy. To view these Terms and our website, You must use a supported browser. You may obtain a paper copy of these disclosures by calling 1-877-304-3349. Not all Services include this coverage.
UNLESS EXPLICITLY STATED, SECURE IDENTITY SYSTEMS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ITS SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES.YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SECURE IDENTITY SYSTEMS AND ITS AFFILIATES SHALL NOT BE LIABILE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES, ARISING OUT OF OR RELATING TO OR RESULTING FROM THE INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER SECURE IDENTITY SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). NOTWITHSTANDING THE FOREGOING, THE AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO SECURE IDENTITY SYSTEMS’ SERVICES SHALL BE LIMITED TO THE AMOUNTS PAID TO SECURE IDENTITY SYSTEMS FOR THE SERVICES THAT ARE THE BASIS FOR THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES 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 SECUREMOBILE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
These Terms and Conditions of Services and Use shall be governed in accordance with the laws of the state of Tennessee, without regard to its principles of conflict of laws.
To the extent permitted under applicable law, you agree to indemnify, defend and hold harmless SECUREMOBILE and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with SECUREMOBILE or your use of our Site. SECUREMOBILE reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with SECUREMOBILE in asserting any available defenses.
A plan consisting of the Primary Member and a Spouse or Significant Other who is over the age of eighteen (18).
A compatible wireless smartphone or tablet assigned to your account.
A plan consisting of the Primary Member, a Spouse or Significant Other who is over the age of eighteen (18), and up to four (4) household dependents (“Dependent”) who are under the age of 18 who live with the Primary Member.
A Primary Member and/or spouse or significant other over the age of eighteen (18) who has enrolled in the Services.
A U.S. citizen, age 18 or older who enrolled, or has been enrolled, in Secure Identity Systems’ Services that Secure Identity Systems may offer from time to time.
Secure Identity Systems’ Total Identity Monitoring®, the Secure Identity Systems Resolution Service, Secure Identity Systems’ SecureMobileTM or other services that Secure Identity Systems may offer from time to time.
Anyone living with a Primary Member either by marriage or domestic partnership, who is over the age of eighteen (18).
If You have any questions, please contact us via email at firstname.lastname@example.org or via postal mail at:
Secure Identity Systems, LLC
Attn: Legal Division
176 Thompson Lane, Suite 201
Nashville, TN 37211
© 2020 Secure Identity Systems. All rights reserved.ADDENDUM FOR DOWNLOADS FROM THE APPLE APP STORE
Secure Identity Systems, LLC ® and its logos, are the trademarks of Secure Identity Systems, LLC. SECUREMOBILE® and SECUREMOBILE logo are the trademarks of Secure Identity Systems, LLC. All rights reserved. All other trademarks, service marks, and product brands that appear in the Applications are not owned by Secure Identity Systems, LLC or SECUREMOBILE and are the property of their respective owners. Neither Secure Identity Systems, LLC nor SECUREMOBILE is affiliated with, sponsored by, or endorsed by the respective owners of the other trademarks, service marks and/or product brands that appear in the Applications.