Welcome to the Identifor website(s) ("website(s)" or "site(s)")! We hope you will enjoy and benefit from using our website(s). For your protection, and that of other users and Identifor itself, we have developed these Terms of Service to govern the use of and access to the Identifor Website(s) online at Identifor.com and on mobile devices (collectively, "Identifor").
Acceptance of Terms
You may access or obtain unique services, products, information, and community offerings ("Services") provided by Identifor ("we," or "us") through our website(s) as a service to the Internet community. Your use of these Services is subject to these Site Terms of Service ("Agreement"). By accessing the Identifor website(s) and/or using the Services, you agree that you have read and understand this Agreement, and that your use of the website(s) shall conform to this Agreement. If you register with us for certain Services, this Agreement includes and incorporates additional terms specific to those Services. We reserve the right to change or amend this Agreement without notice. See the Section titled "Changes to Agreement" below for details.
The web pages available at www.identifor.com.com and all sub-domains thereof (the "Site") are owned and operated by Identifor, Inc. (the "Company", "us", "we", and "our"), a Delaware corporation, and are accessed by you and/or your agents, employs, or assigns (the "Subscriber", "user", "you" or "your") under the following terms and conditions. All of our programs, games and services (as described more fully on the Site) (the "Services") are governed by the Terms of Service (the "Terms", the "Terms of Service", or the "Agreement"). YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR THAT YOUR PARENT OR GUARDIAN HAS AGREED TO THESE TERMS OF SERVICE AND THEY ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
User Account, Password, and Security
When you finish the registration process, you officially become a Subscriber of Identifor. Your subscription allows you access to certain Content and Services on the Site. You are required to provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Account(s).
Subscriber may not (i) select or use as an Identifor User ID a name of another person with the intent to impersonate that person or (ii) use as an Identifor User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion. Also, Subscriber shall be solely responsible for maintaining the confidentiality of passwords to Subscriber's Account(s). You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s), including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to
By accessing our site(s) and/or otherwise accepting this Agreement, you agree to comply with the specific Community Guidelines that may govern any communities in which you participate or with the following general guidelines:
In connection with your use of the Site, you agree you will not:
- 1. Post, upload or transmit any message, information, data, text, software or images, or other
content ("Material") that:
- a. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
- b. you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); c. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- d. is unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; e. contains a virus or corrupted data’
- 2. Impersonate any person or entity, including but not limited to, an Identifor representative, another subscriber, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 3. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- 4. Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- 5. Violate any applicable local, state, national or international law;
- 6. Delete or revise any Material posted by any other person or entity;
- 7. Manipulate or otherwise display the Site by using framing or similar navigational technology; or
- 8. Disseminate username, password or any additional subscription-based Site-accessing information to unauthorized individuals.
- 9. Violate or attempt to violate Identifor’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Identifor systems and networks;
- 10. Redistribute, decompile, reverse engineer, publish, or copy Identifor, including cracking our software files;
- 11. Use Identifor for the purpose of creating a product with a substantially similar look, feel or design;
- 12. Access or search Identifor by any means other than our publicly supported interfaces (for example, "scraping");
- 13. Interfere with others’ use and enjoyment of Identifor;
- 14. Use Identifor or any trademarks, game names, trade names, service marks, copyrights, or logos of Identifor, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- 15. Violate any third party’s rights, including intellectual property or privacy rights;
- 16. Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of your Identifor account, and may also subject you to civil or criminal penalties.
Identifor and its licensors have expended substantial time, effort, and funds to create the website(s) and the Services. You are on notice that all materials displayed or performed on the Site (including, but not limited to text, graphics, games, applications, news articles, data, databases, photographs, images, illustrations, sound recordings, audio clips and video clips, and other content collectively, the "Content") may constitute our intellectual property and accordingly would be protected by copyright and/or trademark, pursuant to U.S. laws, international conventions, and other laws. You acknowledge and agree that Identifor or Identifor affiliates exclusively own the copyright to (or have been granted licenses by third parties to use) all rights, title, and interest in the Services and Content. Certain materials specifically designated as belonging to another party are not owned by the Identifor.
You agree that all data and algorithms in our files and associated servers are "trade secrets" as defined, without limitation, in the California Uniform Trade Secrets Act. You agree not to crack or attempt to crack the Site’s trade secrets. You further agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Identifor. All intellectual property rights in Identifor are, as between you and Identifor, the sole and exclusive property of Identifor.
The Site and the Content may only be used in accordance with the Terms of Service, and you are entitled to use the Site and its Content only for your personal, non-commercial use. Without our prior written consent, you may not modify, publish, broadcast, transmit, download, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, disseminate, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part on any other website or other networked computer environment or in any way whatsoever. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of Identifor's copyrights and other proprietary rights.
For permission to use Content from the website(s), please e-mail your request to Identifor.
Special Conditions for International Use and Exports
Identifor makes no representations that the Services are appropriate for use in all locations, or that transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. As a United States-based corporation, Identifor, along with our representatives overseas, is subject to U.S. export controls and economic sanctions laws and regulations. You access the Identifor website(s) and the Services on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to the Identifor website(s) any data or software that cannot be exported under U.S. government export laws without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement. Please note that individuals in countries against which the United States, directly or through the United Nations, has imposed economic sanctions (such as Iran and Cuba) or persons designated by the U.S. government as Specially Designated Nationals and Blocked Persons may not be permitted to use the Services, even though they may access the website.
License to Use Identifor Games and Content
We are providing you with access to Identifor games and content pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use Identifor games and content for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Identifor by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Identifor games and content. Identifor reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
This Site may provide, or third parties may provide, links to non-Identifor websites or resources. Because the Identifor has no control over such sites and resources, you acknowledge and agree that Identifor is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Links to these third-party sites does not imply that the websites are affiliated with or endorsed by Identifor or are legally authorized to use any trademark, trade name, logo or copyright symbol of Identifor that is displayed in or accessible through the links. You further acknowledge and agree that Identifor 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 content, goods or services available on or through any such site or resource. Identifor strongly encourages users to read all external and third-party site terms and conditions and privacy policies.
Consent to Electronic Communications and Email Solicitation
Term of Agreement
Changes to Agreement and Services
We may make changes to this Agreement at any time. Your continued use of the Services indicates your acceptance of the new terms and conditions and continued agreement to be bound by this Agreement, as changed from time to time. You should review this Agreement often to stay informed of changes that may affect you. If you have registered with us and provided us with an e-mail address, we may provide you with notice informing you that this Agreement has changed, but such notice shall be for convenience only and shall not be required for the effectiveness of the changes. You agree to check the Services, your mail and/or e-mail on a regular basis to receive important and timely notices from us. Identifor may also make changes to the Services and site(s), including discontinuing any Service or Content, or otherwise restricting access and use. We reserve the right to do so without prior notice to you. Identifor reserves the right to change or add any fees or charges for access or use of the website(s) or any of the Services at any time.
No Warranties/Limitation of Liability
THE IDENTIFOR WEBSITE(S) AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, IDENTIFOR AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING IDENTIFOR, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILIT, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ACKNOWLEDGE THAT, NEITHER IDENTIFOR NOR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE IDENTIFOR WEBSITE(S) MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE SERVICES OR CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS. IDENTIFOR AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY (I) YOUR USE OR INABILITY TO USE THE WEBSITE(S) OR ANY ERRORS OR OMISSIONS IN THE CONTENT HEREOF; (II) YOUR USE OF, OR RELIANCE ON, ANY SERVICE OR CONTENT, (III) IDENTIFOR'S OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND/OR (IV) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH THE IDENTIFOR WEBSITE(S). IN NO EVENT WILL IDENTIFOR, OR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
All users therefore agree that all access and use of the Identifor website(s) is at the user's own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of Identifor shall be limited in accordance with this Agreement to the fullest extent permitted by law. The user specifically waives any and all claims it may have arising out of use of the website(s). Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated attributable to that service.
Identifor and its respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that Identifor accepts no responsibility for security of information transmitted over the Internet.
Without limiting any of the foregoing, if Identifor or any of its respective affiliates, officers, directors, employees, agents, contractors or suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, Identifor’s and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to Identifor for the specific Service or product giving rise to such liability.
Identifor simply generates games and content for individual users to play and access and then collects data from how those games are played. The data will be presented in a report to the users and anyone else who has designated access to the data. Identifor is not providing medical treatment or advise..
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Distribution of Third-Party Content
Identifor does not exercise editorial control over third-party content provided, uploaded, published, or distributed by users and other participants in identifor.com. In other words, the Identifor website(s) is/are merely a distributor, not a publisher, of such content. Such content may contain the views, opinions, statements, offers, and other material of the respective users, suppliers, participants, or authors. Identifor does not endorse, is not responsible for, and makes no representations or warranties regarding, such content or its accuracy, supplier ability or fitness for any particular purpose, and Identifor shall not be liable for any harm resulting from or in connection with reliance on any such content. In addition, Identifor shall not be a party to, or liable in any way for any harm associated with, any transaction between our users and any other user or participant on the website(s). Any products or services offered or sold on or through the website(s) by any person other than Identifor are offered or sold subject to terms and conditions solely between our users and such other person or supplier.
The Identifor games data retrieved from individual users’ play shall be assessed by Identifor experts. The individual users and their designated registrants (e.g., parents, caregivers, teachers and other professionals) shall receive a report of the assessment. Such reports provide helpful information about an individual’s intelligences, executive function skills and career interests. Such information is intended only to guide the individual and designated registrants so that they may plan educational, vocational, residential, etc. opportunities for the individual user.