1. Use of Profile Information
2. Disclaimer of Guarantees
3. Limits on Liability
4. General

1. Use of Profile Information.
You agree to use the information found in the Business Directory, Watch List, and individual IdentiCentral™ Profiles solely for the use of researching a businesses reputation and credibility, or contacting the business concerning your transaction with them, or contacting IdentiCentral™ regarding your transaction with the company. Profile information (i.e. email addresses, telephone numbers, or mailing addresses) are NOT to be collected for third-party use. Evidence of collection could result in I.P. Blocking.

Back to Top

2. Disclaimer of Guarantees.
IdentiCentral™ advertises that transactions with IdentiCentral™ Verified Participants are guaranteed against fraud, to the extent that IdentiCentral™ performs an extensive identity verification check of all applicants, and such applicants are known to be legitimate businesses at the time of registration. The penalty for proven fraudulant activity of a IdentiCentral™ Member is the termination of membership and indefinite placement on the Watch List. HOWEVER, IdentiCentral™ DOES NOT AND CANNOT COMPENSATE ANY CONSUMER FOR A MONETARY OF PHYSICAL LOSS IN A TRANSACTION WITH ANY IdentiCentral™ Verified Participant AT ANY TIME. Our role is to promote and support legitimate, quality businesses to the general public; and to warn consumers of specific businesses practicing fraudulant activity.

Back to Top

3. Limits on Liability.
IN NO EVENT WILL IdentiCentral™ OR ANY IdentiCentral™ NEUTRAL BE LIABLE TO YOU, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE RESOLUTION OF YOUR DISPUTES (INCLUDING WITHOUT LIMITATION LOST PROFITS) EVEN IF IdentiCentral™ OR THE IdentiCentral™ NEUTRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL IdentiCentral™'S TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $100. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.

Back to Top

4. General.
The parties irrevocably agree that the laws of the State of California will govern this Agreement and their relationship, without reference to any choice of law rules. You agree to submit any dispute arising under this Agreement to the Control Panel prior to filing an action against IdentiCentral™. All actions concerning this Agreement or the services arising from this Agreement must be brought in the state or federal courts in Bakersfield, California. You may not assign this Agreement, by operation of law or otherwise, without prior written consent. No amendment or modification shall be binding upon the parties unless reduced to writing and signed by each party, or the authorized officers of each party. The failure of either party to enforce any of the provisions of this Agreement shall not be construed as a waiver of that provision or the right of the party to enforce that provision or any other provision. In the event that any provision of this Agreement is found to be unenforceable or invalid the parties agree that that provision will be changed and interpreted so as to best accomplish the objectives of the provision within the limits of applicable law or applicable court decisions.

IdentiCentral™ may change the terms of this Agreement and the documents referenced herein with reasonable email notice to You. Your continued use of the services after such notice will constitute Your acceptance of the change. You may terminate this Agreement if You do not agree with the change.

Back to Top

Last updated Friday, November 4, 2004