Terms and Conditions

Agreement between user and Identity Crime Prevention Institute

These Terms and Conditions are an agreement (“Agreement”) between you and Identity Crime Prevention Institute (“IDCPI”) regarding your use of the information, software, products, and services contained in or available through the IDCPI website. The IDCPI.org website is comprised of various web pages operated by IDCPI. The IDCPI.org website is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. Your use of the IDCPI.org website constitutes your agreement to all such terms, conditions, and notices.

IDCPI.org does not practice law and does not give legal advice. This site is not intended to create an attorney-client relationship, and by using IDCPI.org, no attorney-client relationship will be created with IDCPI.org. The IDCPI.org web site is not a substitute for the advice of an attorney.

Furthermore, the information on this site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the information changes rapidly, IDCPI.org cannot guarantee that all the information on the site is completely current.

IDCPI makes great effort to provide accurate and complete information on this website.  IDCPI does its best to keep information up to date.  However, portions of the information contained in this site may be incorrect or not current.  Any errors or omissions should be reported for investigation.   Please submit a ticket on the website to report any discrepancies.

This site and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that IDCPI.org sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

The materials and information provided on this website are provided “as is.”  No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources.

IDCPI.org is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.

Termination of Account

If you violate any of IDCPI’s Terms and Conditions, IDCPI reserves the right to terminate your IDCPI account immediately.

Modification of these terms of use

IDCPI reserves the right to change the terms, conditions, and notices under which the IDCPI.org website is offered.

You understand and agree that your use of IDCPI.org after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions.

Links to third party sites / Third party services

The IDCPI.org website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of IDCPI and IDCPI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. IDCPI is not responsible for webcasting or any other form of transmission received from any Linked Site. IDCPI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IDCPI of the site or any association with its operators. These Terms and Conditions do not cover your interaction with Linked Sites, and you should carefully review the terms and conditions and privacy policies of any third party sites.

Certain services made available via IDCPI.org are delivered by third parties. By using any product, service or functionality originating from the IDCPI.org domain, you hereby acknowledge and consent that IDCPI may share such information and data with any third party with whom IDCPI has a contractual relationship to provide the requested product, service or functionality on behalf of IDCPI.org users and customers.

Your Privacy

Protecting your privacy is very important to IDCPI. Please review our Privacy Policy, which explains how IDCPI treats your personal information and protects your privacy.

No unlawful or prohibited use

As a condition of your use of the IDCPI.org website, you warrant to IDCPI that you will not use the IDCPI.org website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the IDCPI.org website in any manner which could damage, disable, overburden, or impair the IDCPI.org website or interfere with any other party’s use and enjoyment of the IDCPI.org website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the IDCPI.org websites.

AND ALL OTHER CONTENT FOUND ON THE IDCPI.ORG WEBSITE (“IDCPI CONTENT”) ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. YOUR USE OF THE IDCPI.ORG WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY IDCPI.ORG CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE IDCPI.ORG WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE IDCPI CONENT WITHOUT THE EXPRESS WRITTEN CONSENT OF IDCPI.

Use of communication services

The IDCPI.org website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

IDCPI has no obligation to monitor the Communication Services. However, IDCPI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. IDCPI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

IDCPI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IDCPI’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. IDCPI does not control or endorse the content, messages or information found in any Communication Service and, therefore, IDCPI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, moderators and hosts are not authorized IDCPI spokespersons, and their views do not necessarily reflect those of IDCPI.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to IDCPI.org or posted at any IDCPI website

IDCPI does not claim ownership of the materials you provide to IDCPI(including feedback and suggestions) or post, upload, input or submit to any IDCPI.org website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting IDCPI, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. IDCPI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in IDCPI’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IDCPI.ORG WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IDCPI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE IDCPI.ORG WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE IDCPI.ORG WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

IDCPI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE IDCPI.ORG WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IDCPIAND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDCPI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE IDCPI.ORG WEBSITE, WITH THE DELAY OR INABILITY TO USE THE IDCPI.ORG WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE IDCPI.ORG WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE IDCPI.ORG WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IDCPI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE IDCPI.ORG WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IDCPI.ORG WEBSITE.

Service Contact: support@IDCPI.org

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by submitting a support ticket to our customer service department.  In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if IDCPI has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement

IDCPI and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.

References to “IDCPI”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. You agree that, by entering into this Agreement, you and IDCPI are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to IDCPI should be addressed to General Counsel, IDCPI, 9522 63^rd Rd #123, Rego Park, NY 11362 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If IDCPI and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or IDCPI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by IDCPI or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or IDCPI is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless IDCPI and you agree otherwise, any arbitration hearings will take place in New York City, NY.  

Termination/access restriction

IDCPI reserves the right, in its sole discretion, to terminate your access to the IDCPI.org website and the related services or any portion thereof at any time, without notice.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and IDCPI as a result of this agreement or use of the IDCPI.org website. IDCPI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IDCP’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the IDCPI.org website or information provided to or gathered by IDCPI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and IDCPI with respect to the IDCPI.org website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IDCPI with respect to the IDCPI.org website. You may not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder, without IDCPI’s written consent. IDCPI’s rights under the Terms and Conditions are freely transferable by IDCPI Lawyer. Any failure by IDCPI to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.

IDCPI may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the IDCPI.org website, or other reasonable means now known or hereafter developed.

Copyright and trademark notices

All contents of the IDCPI.org website are Copyright © 2012 IDCPI and/or its suppliers, affiliates and partners. All rights reserved.

Notices and procedure for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.

System Intrusion

 All Identity Crime Prevention Institute computer systems are subject to monitoring at all times to assure proper functioning of the systems, to provide security for the computer system’s operation and information contained therein, to prevent unauthorized use, and to deter and investigate violations of law.  There is no reasonable expectation of privacy in the use of this website.