PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS WEBSITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
Thank you for reviewing our Terms of Service Agreement (hereinafter the Agreement") for the IconiciD.com web site. This website is owned and operated by Iconic iD LLC (hereinafter "Iconic iD," "We," or "Us"). This Agreement applies to persons and organizations who visit, register with, subscribe to, access information through, or otherwise use the IconiciD.com web site ("Users"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access Iconic iD services ("Services") or the IconiciD.com web site (hereinafter referred to collectively as "IconiciD.com" or "the Site"). Acceptance by you of the Agreement occurs upon the earlier of: (i) your acceptance of the Agreement electronically when selecting and ordering a Service plan online, or (ii) your activation or use of the Services. The term of the Agreement begins when you accept the Agreement and ends when the Services are terminated pursuant to the Agreement.
2. About IconiciD.com.
IconiciD.com helps get the right information about you at the right time to emergency responders who need it in order to provide the best care for you. With Iconic iD, if you are in an accident or have a medical emergency your information is available to those who MAY need it to help you. Users may enter medical, contact, vehicle, and insurance information to their account so that it's there when it's needed.
3. Availability and Eligibility.
Our Site and Services are available only to, and may only be used by, individuals and organizations located within the United States of America who can form legally binding contracts under applicable law. Although family members may include information about their minor children within their account, IconiciD.com is not designed or intended for persons under the age of 18 without their parents’ permission assistance. If you are under the age of 18, you are not authorized to use the Site, submit information to IconiciD.com, or create an account with us.. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by Iconic iD to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. Competitors are not authorized to access or use our website without express, written permission from us in advance of such access. If you do not qualify, please do not use our Site. Further, if you register with the Site, your user ID and password may not be transferred, loaned, given or sold to another party.
The Site provides you with the opportunity to upload your personal information to your account in the Site so that it’s available in the event of an emergency. While we intend to have coverage and availability to all emergency responders across the United States of America at some point in the future you acknowledge and understand that we do not currently have nationwide coverage. You may view certain areas of the Site at no cost and without registering. In order to access additional features and the services, including the ability to upload your information into your account, you must become a registered user of the Service. Iconic iD is free for users now but may choose to offer different paid subscription options in the future. The details, including the costs of each subscription option, will be posted at such time on our web site at http://www.IconiciD.com. As further discussed below, you acknowledge and agree that Iconic iD does not warrant or guarantee the accuracy, reliability, completeness, timeliness, or other qualities relating to the information or services provided by Users of the Site, any specific results from the Site, or the timeliness or receipt of emails or other communications, regardless of method of delivery, that you elect to send or receive.
5. Subscriptions; Billing
Currently we are offering the Services for free but we reserve the right to require payment for continued use in the future. We will provide advance notice of such a change to our users through a posting on the Site and you will have the opportunity to subscribe if you would like to continue having access to the Services. If you choose to subscribe to the Services, you will be charged using your chosen payment method based on the specific subscription option that you select. Your initial charge will be authorized and processed at the time your subscription is selected by you and you expressly authorize such charge as well as recurring charges, if any. We anticipate that most subscription plans to the Service will consist of an initial period, for which there is a one-time charge, followed by recurring period charges until such time as you notify Iconic iD that you wish to cancel your subscription to the Site. By entering into this Agreement, you acknowledge that your subscription may have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. You also acknowledge and agree that Iconic iD may submit recurring subscription charges for subsequent annual terms without further authorization from you until you notify Iconic iD that you wish to terminate your subscription. If you cancel your subscription before its termination time, you will not be eligible for a refund of any unused portion. If you notify us in writing that you are canceling your subscription at least 30 calendar days before your recurring charge date, Iconic iD will halt any further billing and your subscription will run out automatically on its scheduled recurring charge date. Iconic iD reserves the right to change its fees or billing methods at any time. We will provide timely notice to the affected Users of any such changes. You agree to promptly provide Iconic iD with any contact or billing information changes or updates, including but not limited to changes to your chosen method of payment.
6. User's Responsibilities and Acknowledgements.
7. Restricted Activities.
You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information, profile, and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) access any Users information for a purpose other than providing medical and other emergency services for such User; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (g) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or User information without the prior expressed written permission of Iconic iD and the appropriate third party, as applicable. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation. You may not forward, resend, or otherwise retransmit email received through the Site.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause. If you violate or otherwise breach this Agreement, Iconic iD will not issue any refunds of any amount to you.
10. Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, Iconic iD. Such links do not necessarily constitute an endorsement by Iconic iD of those sites. Iconic iD undertakes no obligation to monitor such sites, and you agree that Iconic iD is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, Links or usage.
11. Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.
12. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. While you have an active subscription with the Site you agree that we may send you emails from time to time as part of the service we provide.
13. Disclaimer of Warranties.
WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Iconic iD. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR SERVICES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Iconic iD DISCLAIMS ANY AND ALL SUCH WARRANTIES.
14. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE Iconic iD, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY ICONIC ID.
15. Limitation of Liability.
IN NO EVENT SHALL WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE ACTS OF ANY USER, AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT ICONIC ID'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) information and content you submit to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Iconic iD reserves the right but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Iconic iD. You further agree to indemnify and hold harmless Iconic iD from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
17. Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters involving claims of intellectual property infringement and matters exclusively between Users and not involving Iconic iD, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Richmond, Virginia USA and participation at such arbitration may be by telephone conference. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Iconic iD may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Richmond, Virginia USA necessary to protect the rights or property of you or Iconic iD pending the completion of arbitration.
18. Grant of Licenses.
Iconic iD grants a limited license to each participant to make personal use, or in the case of emergency responders official emergency use, only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant email addresses or other participant information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site. By posting information or content to any area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Iconic iD, an irrevocable, perpetual, non-exclusive, fully-paid (and royalty free), worldwide licence to use, reproduce, communicate, publicly perform, publicly display and distribute such information and content.
Failure by Iconic iD to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
20. Right to Change this Agreement.
Iconic iD reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following Iconic iD’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
21. General Provisions.
This is the entire Agreement governing the use of the Iconic iD Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, USA, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the Commonwealth of Virginia. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Iconic iD in accordance with applicable law and the remainder of the Agreement shall remain in full force. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.
22. Contact Iconic iD.
Except as explicitly stated otherwise, any notices to Iconic iD shall be given by email using the form located at https://www.iconicid.com/contact. You agree that you will notify Iconic iD in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give Iconic iD a reasonable period of time to address it before bringing any arbitration or legal action.