Authenticating.com

Terms & Conditions of Use


Authenticating.com LLC (“Authenticating.com” or “we”) provides this website (the “Site”) and the services made available through the site (the “Services”) to you, subject to these terms of use (“Terms”). The Terms constitute a legal agreement between you and Authenticating.com and govern all use of this Site, including all content, information, and services provided on the Site. For the avoidance of doubt, your access to and use of the Site may also be governed by (and subject to) the terms and conditions of your (or your company’s) agreement with Authenticating.com. 

 

By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms at any time, with or without notice to you. Each time you access this Site, you agree to be bound by the Terms then in effect. If you do not agree to these terms, you are not granted permission to use the Site and must exit immediately.


Privacy

Please review our Privacy Policy, which is incorporated into these Terms by reference as if fully set forth herein, for a description of our privacy practices and an explanation of how we may use any personal information we collect on this Site.

Eligibility for Use

You represent and warrant that you are at least 18 years of age, of legal competence to enter into this agreement, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to deny, in our sole discretion, any access or use of the Services without notice for any or no reason.

Patents, Copyrights and Trademarks

The technology and content provided on this Site are owned by or licensed to Authenticating.com and protected by United States and international intellectual property laws. Authenticating.com and its licensors retain all proprietary rights to that content and technology. Please see notices on individual referenced pages, products and services for additional notices and information. The trademarks, service marks, trade names and logos appearing on this Site are trademarks of Authenticating.com and or its affiliates or licensors. All rights are reserved. 

License

By offering this Site for use, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the information and services on this Site, strictly subject to and in accordance with these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in these Terms, Authenticating.com does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.


Usage Restrictions

By accessing, browsing, or using this Site, you agree to the following restrictions:

  • you will not use, intentionally or unintentionally any of the content, information, or services on this Site in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law. Please note that Authenticating.com is not a consumer reporting agency, and you will not use any of the content, information, or services on this Site as a factor in establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes, for employment purposes, or for any other purpose authorized under section 1681b of the Fair Credit Reporting Act (15 U.S.C.A. § 1681(b));
  • you will not use this Site in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this Site;
  • you will not interfere with any other party's use and enjoyment of this Site, or of any of the content, information, or services provided on this Site;
  • to the extent that you are able to upload, post or otherwise transmit content using this Site you will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • you will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • you will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this Site, through password mining, hacking, or any other means;
  • you will not seek to gain access to any materials or information through any means not intentionally made available by us;
  • you will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit this Site, or any portion hereof without Authenticating.com's prior written consent, except that you may reproduce limited content from this Site describing Authenticating.com's products and services solely to educate users or potential users about Authenticating.com products or services ;
  • you will not use any framing techniques to enclose any portion of this Site (including, but not limited to, images, text, page layout, and form) without Authenticating.com's prior written consent;
  • you will not make any use of the trademarks, service marks, trade names, logos, and graphics on this Site without Authenticating.com's prior written consent;
  • you will not use any network monitoring or discovery software to determine the Site’s architecture, or extract information about usage, individual identities, or users;
  • you will not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Site or the content, information, or services on this Site without Authenticating.com's prior written consent;
  • you will not collect any email addresses made available on this Site for purposes of promotions or marketing campaigns;
  • you will not distribute, on or through this Site, any advertising, promotion, solicitation for goods, services, or funds, or other solicitation for others to become members of any enterprise or organization without Authenticating.com's prior written permission; and
  • you will not use or otherwise export or re-export this Site, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.

Disclaimer of Warranties and Limitation of Liability

AUTHENTICATING.COM PROVIDES THIS SITE "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND AUTHENTICATING.COM HEREBY DISCLAIMS ALL WARRANTIES OF ALL KINDS, INCLUDING, BUT NOT LIMITED TO:

  • WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS;
  • WARRANTIES THAT ACCESS TO THE SITE AND SERVICES WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE;
  • WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD-PARTY WEB SERVICE; AND
  • WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, AUTHENTICATING.COM.

BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT:

  • PROVISION OF CONTENT AND SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA; AND
  • THIS SITE, AND THE PRODUCTS AND SERVICES REFERENCED HEREIN MAY NOT SATISFY YOUR REQUIREMENTS.

IN NO EVENT WILL AUTHENTICATING.COM BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR

  • INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH USE OF THIS SITE, WHETHER OR NOT AUTHENTICATING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE;
  • ANY CLAIM(S) RELATING IN ANY WAY TO YOUR INABILITY OR FAILURE TO PERFORM AUTHENTICATION, RESEARCH OR OTHER WORK OR TO PERFORM SUCH AUTHENTICATION PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY AUTHENTICATING.COM; OR
  • ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH THIS SITE.

Consumer Disclosures

Under California Civil Code Section 1789.3, our customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254. The Services are provided by Authenticating.com at the address specified on the Site.

No Professional Advice

The information and services on this Site are not intended to and shall not be used as legal, financial, or other professional advice. No attorney-client, fiduciary, or other privileged relationship is formed. You use of the content, information, and services on this Site is at your own risk and without recourse to Authenticating.com.


Advertisers

This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. Authenticating.com is not responsible for the illegality of, or any error or inaccuracy in, advertisers' or sponsors' materials, or for the acts or omissions of such advertisers or sponsors.

Links to Third Party Websites

This Site may provide links to other third-party websites or online resources. Authenticating.com makes no representations whatsoever about any other website which you may access through this Site. Because Authenticating.com has no control over such websites and resources, you acknowledge and agree that Authenticating.com is not responsible for the availability of such external websites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party websites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Authenticating.com makes no representation or warranty as to any third party content, products or services, and you agree that Authenticating.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, products or services available on or through any such website or resource.



Content

Certain features of the Site (including web forums) may allow you to contribute text, images, data, and other information and materials to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “User Content”). By posting User Content to the Site or otherwise submitting User Content to us, you represent that you have the full legal right to provide the User Content and that use of the User Content by us in connection with the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement, or promote or provide instructional information about illegal activities, promote physical harm, or injury against any group or individual, or promote any act of cruelty to animals, including instructions on how to assemble bombs, grenades, and other weapons or how to use or obtain illegal drugs; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity, or include any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons; (e) contain or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) be obscene, child pornographic, or indecent; (g) violate any community or Internet standard; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to us, you grant us a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content, all without any compensation to you whatsoever.

 

Authenticating.com may, but has no obligation to, from time to time monitor some aspects of the Site, including web forums. Monitored web forums are moderated and messages are screened for inappropriate content. Please be advised that web forum content is the sole responsibility of the person supplying the content, and Authenticating.com assumes no responsibility to control such content. Opinions expressed on Authenticating.com web forums and in any corresponding comments are the personal opinions of the original authors, and not necessarily that of Authenticating.com. All user generated content posted or submitted to a web forum shall be treated as non-confidential information. Web forums may include additional terms, which take precedence over these terms.

 

If you believe that any content or postings on the Site violates your intellectual property or other rights, please notify us with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Registration and Account Information

Certain sections of this Site may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify us immediately.

Termination

You acknowledge and agree that Authenticating.com, in its sole discretion, may terminate your access to the Site if your conduct is found to be unlawful, inconsistent with or in violation of the letter or spirit of these Terms, or for any other reason. Authenticating.com shall not be liable to you or any third party for termination of access to the Site. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue using the Site and the Services.

Indemnification

You agree to indemnify, defend, and hold Authenticating.com and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Modification of Terms

From time to time, and in our sole discretion, we may revise these Terms. If the revision, in our sole discretion, is material we will notify you via an email sent to the email address associated with your account, or by means of a notice posted on this Site. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.

Severability of Provisions

If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Contact Information

If you have any questions about these Terms, or about the content, information, or services on this website, you may contact us using any of the methods described on our “Contact Us” page of the Site.