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Terms and Conditions

Agreement between user and IDcircle, LLC.
This agreement is between you, the “user” and IDcircle, LLC as well as its affiliates, agents, employees, successors, representatives, and integrated technology providers.

This agreement applies to all IDcircle™ offerings, collectively the “System(s)”, which includes, but is not limited to, the website, the administrative web suite, the mobile application(s), and any other product already, or yet-to-be, developed by IDcircle, LLC. regardless of product name, version, or configuration. It also applies to use of IDcircle™ content and technologies as they are integrated into other, 3rd-party, systems.

The IDcircle™ System(s) is comprised of various web pages and other technologies operated by IDcircle, LLC. (“IDcircle”). The System(s) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the System(s) constitutes your agreement to all such Terms, as presented at the time of your account creation and as they evolve over the course of your utilization of the Systems. Please read these terms carefully, and keep a copy of them for your reference. You also agree to check back periodically to ensure that you remain in compliance.

IDcircle, LLC reserves the right to modify the Terms, Conditions, and/or Policies at any time. Your continued use of the System(s) demonstrates your intent to re-visit and review these Terms periodically.

The IDcircle System(s) may include eCommerce technology.

IDcircle, LLC. helps to bridge the gap between organizations, participants, and patrons. IDcircle System(s) may be used at School, Studio, Church, Camp, Work, Team, etc. IDcircle™ connects staff and leadership internally through a private “Suite” and to participants and/or guardians and/or patrons in a mobile application. Functionality includes, but is not limited to, news, events, notifications, emergency alerts, lock-down notices, people directory, group coordination, class management, Safety IDs, Trip IDs, Formal Portrait links, etc.

IDcircle System(s) may provide technologies to be integrated to 3rd-party systems at the request and/or with the permission of the relevant organization(s).

IDcircle System(s) may utilize 3rd-party technologies into integrated offerings for IDcircle™ users.

Electronic Communications
Visiting IDcircle.com, or using the System(s), or completing forms on or integrated with IDcircle™, or sending emails to IDcircle™, or permitting SMS/text messaging and/or notifications constitutes electronic communications. By participating in electronic communications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that IDcircle™ provides to you electronically satisfy any legal requirement that such communications be in writing.

IDcircle, LLC. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use IDcircle System(s) only with permission and supervision of a parent or guardian.

Links to third-party sites/Third-party services/Third-party content
IDcircle System(s) may contain links to other websites (“Linked Sites”) or technologies. The Linked Sites are not under the control of IDcircle™ and IDcircle™ 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. IDcircle™ provides these links only as a convenience or reference, and the inclusion of any link does not imply endorsement by IDcircle™ of the site or any association with its operators.

Some IDcircle System(s) features make it possible for IDcircle™ users, or account-holders, or participants to send messages to other IDcircle System(s) users, or account-holders, or participants. IDcircle™ is not responsible for, nor does it implicitly endorse, any content which is generated by users, account-holders, or participants. Your use of IDcircle System(s) demonstrates an understanding of these Terms and that you agree to hold IDcircle, LLC. harmless of any content which is deemed to be illicit, inappropriate, or otherwise. You also agree to report any questionable content to IDcircle™ in writing.

IDcircle™ reserves the right to cancel and/or remove any content, emergency alerts, safety ID alerts, users, account-holders, integrated technology, feature-sets, at any-time, without written notice, and at its sole discretion in order to rectify, or reduce the likelihood of, anything it deems to be inappropriate.

IDcircle™ may, at its own discretion, report any inappropriate content or behavior to the authorities.

You agree not to share or post anything using the IDcircle System(s) that is illegal, slanderous, inappropriate.

You understand that there may be sensitive information within the IDcircle System(s) and you will make all reasonable efforts to protect, not share, your account access information, or any other posted or published information.

Certain services made available via IDcircle System(s) are delivered by third-party sites, and/or organizations. By using any product, service, or functionality originating from the IDcircle System(s), you hereby acknowledge and consent that IDcircle™ may share information and data with any party for whom that information and data is required in the fulfillment of your purposes.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the IDcircle System(s) strictly in accordance with these terms of use and in accordance with whatever parameters, subscription limitations, or product permissions are conveyed or implicit to your account. As a condition of your use of the IDcircle System(s), you warrant to IDcircle™ that you will not use the IDcircle System(s) for any purpose that is unlawful or prohibited by these Terms. You may not use the IDcircle System(s) in any manner which could damage, disable, overburden, or impair the IDcircle System(s) or interfere with any other party’s use and enjoyment of the IDcircle System(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the IDcircle System(s) and your account within the IDcircle System(s).

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the IDcircle System(s), is the property of IDcircle, LLC. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the IDcircle System(s). IDcircle™ content is not for resale. Your use of the IDcircle System(s) does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of IDcircle™ and/or the respective copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of IDcircle™ or our licensors.

Your continued use of functionality within the IDcircle System(s), including generation or publication of news, events, or any other IDcircle System(s) artifact(s) confers to IDcircle™ the right to use such publication(s) or artifact(s) for marketing or development purposes. Do not use the IDcircle System(s) to generate content which you do not release to IDcircle™.

Returns and/or Refunds
All IDcircle™ products come with a 100% satisfaction guarantee. If you are not completely satisfied with your IDcircle System(s), you may return them within thirty (30) days of receipt for a full refund – less any setup expenses which may have been incurred by IDcircle™ and which were implicity agreed to upon your original requests. Returns may take the form of a relinquished account or cancelled artifact. Please allow 2-4 weeks from receipt of returns, for refunds to be processed. Please include your name and address with your return and mail to:

IDcircle, LLC
445 E. Carmel St.
Suite B.
San Marcos, CA 92078

The IDcircle™ policies regarding returns and/or refunds do not extend to third-party service providers or integrated technologies. You accept responsibility, and hold IDcircle™ harmless, for any transaction which includes or pertains to a third-party service, content, or technology provider. Such transactions may include, but are not limited to, purchases of printed Safety IDs, printed Trip IDs, catalog orders, or items which are linked or referred to from the IDcircle System(s).

International Users
The IDcircle System(s) are controlled, operated and administered by IDcircle™ from within the USA. If you access the IDcircle System(s) from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the IDcircle System(s) in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless IDcircle™, its officers, directors, employees, agents and third party personnel or integrated technology providers, for any losses, costs, liabilities and expenses (including attorney’s fees) relating to or arising out of your use of or inability to use the IDcircle System(s) or services, any user postings made by you or otherwise, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. IDcircle™ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with IDcircle™ in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IDCIRCLE SYSTEM(S) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IDCIRCLE, LLC. AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM(S) AT ANY TIME.

IDCIRCLE, LLC. AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE IDCIRCLE SYSTEM(S) 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. IDCIRCLE, LLC. AND/OR ITS AFFILIATES 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. YOU AGREE TO ACCEPT RESPONSIBILITY FOR YOUR USE OF THE IDCIRCLE SYSTEM(S) AND SERVICES RELATED THERETO.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDCIRCLE, LLC. AND/OR ITS AFFILIATES 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 IDCIRCLE SYSTEM(S), WITH THE DELAY OR INABILITY TO USE THE IDCIRCLE SYSTEM(S) OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE IDCIRCLE SYSTEM(S), OR OTHERWISE ARISING OUT OF THE USE OF THE IDCIRCLE SYSTEM(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IDCIRCLE, LLC. OR ANY OF ITS AFFILIATES 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 IDCIRCLE SYSTEM(S), OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IDCIRCLE SYSTEM(S).

Termination/access restriction
IDcircle™ reserves the right, in its sole discretion, to terminate your access to the IDcircle System(s) and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the IDcircle System(s) and/or related services. Use of the IDcircle System(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and IDcircle™ as a result of this agreement or use of the IDcircle System(s). IDcircle™’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IDcircle™’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the IDcircle System(s) or information provided to or gathered by IDcircle™ 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 IDcircle™ with respect to the IDcircle System(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IDcircle™ with respect to the IDcircle System(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
IDcircle™ reserves the right, in its sole discretion, to change the Terms under which the IDcircle System(s) are offered. The most current version of the Terms will supersede all previous versions.

Contact Us
IDcircle™ welcomes your questions or comments regarding the Terms. Please complete the online form located at https://www.idcircle.com/#contact.

Updated October 18, 2017.

Privacy Policy

Protecting your private information, and any information pertaining to others, is our priority. This Statement of Privacy applies to the System(s) and Services defined in the IDcircle™ Terms and Conditions located at https://www.idcircle.com/termspolicies/ and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to IDcircle™ or IDcircle, LLC. include and extend to all System(s) and Services previously defined. By using the System(s), you consent to the data practices described in this statement.

Collection of Personal Information
You understand and agree that IDcircle™ may collect information such as your name, likeness, and any other information which is directly or indirectly ascertained through the course of using the System(s). Personal information may be provided to IDcircle™ by yourself, organizations, other users, or other parties. By creating an account and/or using the System(s) you agree that IDcircle™ may, as it deems appropriate or necessary, share said information for the exclusive purpose of fulfilling the pertinent function.

Information about your computer hardware and software may be automatically collected by IDcircle™. This information may include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the System(s) and/or related services, to maintain quality, and to provide general statistics regarding use of the System(s).

IDcircle™ encourages you to review the privacy statements of websites you choose to link to from the System(s) or which is referred to you by or through the System(s) so that you can understand how those websites collect, use and share your information. IDcircle™ is not responsible for the privacy statements or other content on websites or technologies outside of the IDcircle System(s).

Use of your Personal Information
IDcircle™ may collects and/or utilize information to operate its System(s) and deliver the services you have requested.

IDcircle™ may also utilize information to inform you of other products or services which relate to your purposes. IDcircle™ may also contact you via surveys, emails, text messages, notifications, or other communication methodologies to conduct research about your opinion of current services or of potential new service updates.

IDcircle™ does not sell, rent or lease its customer lists or information to third parties. IDcircle™ may share information with integrated technologies as is necessary to support, manage, or develop the System(s) and/or related services.

IDcircle™ may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to IDcircle™.

IDcircle™ may disclose information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on IDcircle™ or the System(s); (b) protect and defend the rights or property of IDcircle™; and, (c) act under exigent circumstances to protect the personal safety of users of IDcircle™, or the public.

Use of Cookies
The System(s) may use “cookies” to help personalize your online experience. Aspects of the System(s) may even require use of “cookies” to function properly.

Security of your Personal Information
IDcircle™ takes all reasonable measures to secure user information and all organizational data from unauthorized access, use, or disclosure. When information (including, but not limited to, names or addresses) is transmitted, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Only individuals who have been designated as organizational administrators by the organization may be invited to utilize features that make available information that is not immediately their own. Creation of an account signifies your acceptance of all terms and your agreement to make every reasonable effort to protect information in alignment with regulations such as FERPA, COPPA, SOPIPA, and any other applicable legislation or principles.

By utilizing the System(s) in any measure, you agree to comply with all relevant legislation regarding protection of personal information such as FERPA, COPPA, SOPIPA, PCI, PII, and any other relevant federal, state, or local law.

IDcircle™ does not collect or save Credit Card information. Transactions are managed through embedded or integrated third-party providers. By conducting a transaction via the IDcircle System(s), you agree to hold IDcircle™ harmless regarding all matters pertaining to said transaction.

Information from Minors
If you are under the age of eighteen, you must ask your parent or guardian for permission to use the System(s) or related services. You must be supervised by said guardian. If you are under the age of eighteen, you may not provide any information to or through the System(s).

COPPA Compliance
IDcircle™ technologies and processes comply with standards and guidelines set forth in the Children’s Online Privacy Protection Act (COPPA). Please contact IDcircle™ to learn more.

FERPA Compliance
IDcircle™ technologies and processes comply with standards and guidelines set forth in the Family Educational Rights and Privacy Act (FERPA). Please contact IDcircle™ to learn more.

OPPA Compliance
IDcircle™ technologies and processes comply with standards and guidelines set forth in the Online Privacy Protection Act (OPPA). Please contact IDcircle™ to learn more.

COPA Compliance
IDcircle™ technologies and processes comply with standards and guidelines set forth in the Child Online Protection Act (COPA). Please contact IDcircle™ to learn more.

SOPIPA Compliance
IDcircle™ technologies and processes comply with standards and guidelines set forth in California’s Student Online Personal Information Protection Act (SOPIPA). Please contact IDcircle™ to learn more.

Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from IDcircle™ by contacting us here – https://www.idcircle.com/#contact.

Also, and in accordance with the standards outlined in the Family Educational Rights and Privacy Act (FERPA), Parents or legal guardians may send written opt-out request(s) if they would like their child to be removed from the directory of a specific organization. While IDcircle™ does not oversee data imports or management within an organization, IDcircle™ will forward any opt-out request to said organization and will, the whatever extent is possible, recognize and respond to any such requests.

Changes to this Statement
IDcircle™ will occasionally update this Statement of Privacy to reflect company and customer feedback. IDcircle™ encourages you to periodically review this Statement to be informed of how IDcircle™ is protecting your information.

Contact Information
IDcircle™ welcomes your questions or comments regarding this Statement of Privacy. Please complete the form located at https://www.idcircle.com/#contact.

IDcircle, LLC.
445 E. Carmel St.
Suite B.
San Marcos, California 92078

Updated October 18, 2017