Private Identity Terms of Use
Effective Date: 07.15.2025
Welcome to Private Identity LLC’s Website, privateid.com (together with its subdomains, Content, Marks and services, the “Site”). Please read the following “Terms of Use” carefully before using the Site (defined below) so that you are aware of your legal rights and obligations with respect to Private Identity LLC (“Private Identity”, “we”, “our” or “us”). By accessing or using the Site, including, without limitation, any content, functionality or services offered on or through the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and understand and agree to comply with, and be legally bound by, these Terms of Use, together with our privacy policy that is linked on the Site (“Privacy Policy”) (the Terms of Use and Privacy Policy, collectively, “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Site.
1. Background. Private Identity offers: (i) the Site, and (ii) certain products and services available through the Site (“Services”). Before using any Services provided by Private Identity through the Site, you may be required to agree to additional terms and conditions applicable to the specific Services that you receive.
2. Modification. We reserve the right to change the Terms at any time, in our discretion, by posting notice of the revised Terms on the Site. All changes are effective immediately following our posting notice of the revised Terms on the Site, and apply to all access to and use of the Site thereafter. You are responsible for regularly reviewing the Terms, as the Terms may be modified at any time. Your continued use of the Site thereafter means that you accept those changes. If you do not agree to the revised Terms, you may terminate your legal agreement with us by ceasing to use the Site.
3. Eligibility. The Site is intended only for individuals aged eighteen (18) years or older. If you are under eighteen (18) years old please do not visit or use the Site. By using the Site, you represent and warrant that: (i) you are 18 years of age or older, (ii) all information you submit is truthful and accurate, (iii) you will maintain the accuracy of such information and (iv) your use of the Site does not violate any applicable law or regulation.
4. Access. For such time as these Terms are in effect, we hereby grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable right to visit and use the Site and view the Content, provided that you comply with these Terms and applicable law. We reserve the right to terminate or suspend your access to the Site at any time (or to change or discontinue the Site), for any reason or no reason, with or without notice to you. You have the right to terminate your legal agreement with us by ceasing to use the Site. You agree that we will not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, change or discontinuance.
5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, scrape, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) reverse engineer, decompile, disassemble (or attempt to reverse engineer, decompile, or disassemble) any part of the Content or Site; (iv) gain or attempt to gain unauthorized access to any portion of the Site, unpublished information or material, or computer systems and/or networks connected to any Private Identity server through any means; (v) use the Content or the Site in any manner that is unlawful; (vi) disrupt servers or networks connected to the Site; (vii) use or launch any automated system (including, without limitation, “robots” and “spiders”) to access the Site; and/or (viii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
6. Intellectual Property Rights.
- Defined. “Intellectual Property Rights” means, on a worldwide basis, any and all: (i) rights associated with works of authorship, including, without limitation, copyrights, moral rights and mask-works; (ii) trademarks, service marks, trade names, trade dress, symbols, logos, designs and other source identifiers; (iii) trade secret rights; (iv) patents, designs, algorithms and other industrial property rights; (v) other intellectual and industrial property rights of every kind and nature, however designated, whether arising by operation of law, contract, license or otherwise; and (vi) registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including, without limitation, any rights in any of the foregoing).
- Content and Marks. The (i) Site and Services, (ii) content offered through the Site, including, without limitation, the text, documents, data, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and any and all other material and information you see on the Site, whether provided by Private Identity or others (collectively, the “Content”) and (iii) the trademarks, service marks and logos applicable to (or contained in or displayed with) the Site or Services (“Marks”), are all owned by and the property of Private Identity and/or our licensors and may be protected by applicable Intellectual Property Rights and/or laws and treaties applicable to such. These rights are valid and protected in all media existing now or later developed. The name “Private Identity”, the name “Private ID”, the Private Identity logo and other marks and logos are Marks of Private Identity. All other trademarks, service marks and logos used as part of the Site are the trademarks, service marks or logos of their respective owners. Except as expressly provided herein, Private Identity and our licensors do not grant you any express or implied rights, and we rese
- Use of Content. Content offered through the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, framed, transmitted, broadcast, displayed, posted, reproduced, republished, downloaded, scraped, sold, licensed, de-compiled or otherwise exploited in any form or by any means, in whole or in part, for any other purposes whatsoever without our prior written consent. We may update the Content from time to time, but the Content is not necessarily complete, error-free or up-to-date (and we are under no obligation to update such Content). All Content is provided on an “AS IS” basis, and your access to and/or use of Content is at your own risk. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. You agree that any content you submit through the Site does not create an obligation for Private Identity to provide you any payment or other remuneration. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish exclusively to Private Identity all of your right, title and interest in and to such Content, without reservation and without additional consideration, under applicable Intellectual Property rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to Private Identity, the exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, distribute, sell, license, sublicense, transfer and use such Content, all modified and derivative works thereof, all portions and copies thereof in any form and any Intellectual Property Rights thereto. To the extent permitted by applicable laws, you hereby waive any Intellectual Property Rights you may have in the Content. The Content may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders; you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7. Links. The Site may contain links, and may enable you to post content, to third party websites (e.g., Google, YouTube) that are not owned or controlled by Private Identity. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies or practices of, any third party websites, or for the collection, use or disclosure of any information by third party websites. Any such links to third party websites are provided only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Private Identity of any third party website. We 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 content or services available on or through third party websites. You: (i) are solely responsible and liable for your use of and linking to any third party websites and any content that you may send or post to a third party website; (ii) assume all risks, known or unknown, now existing or hereafter arising, related to use of a third party website; and (iii) expressly release Private Identity from any and all claims, demands and liability, direct and indirect, arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit or link to from the Site.
Private Identity permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Private Identity or present any false information about Private Identity and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent to do so; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) if you link from a Third Party Website, it must not contain content that (a) is offensive, defaming or controversial (both at our discretion), or (b) infringes any Intellectual Property Rights, privacy rights or other rights of any person or entity; (vi) you (and your website, if applicable) comply with these Terms and applicable law; and (vii) you do not link to an inner page which is not accessible to unregistered or authorized users.
8. Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our Privacy Policy. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
9. Legal Advice. Information on and from the Site does not constitute legal advice. Customers should seek their own independent legal advice.
10. Warranty Disclaimers. This Section 10 (Warranty Disclaimers) applies whether or not your use of the Site is in exchange for payment. Applicable law may not allow the exclusion of certain warranties, so to that limited extent certain exclusions set forth herein may not apply.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRIVATE IDENTITY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, NON-INFRINGEMENT AND THOSE WARRANTIES ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PRIVATE IDENTITY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES OR VIRUS ATTACKS OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING OR OTHER REASONS. YOU AGREE THAT PRIVATE IDENTITY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT OR SERVICE THAT IS FEATURED, LINKED TO OR ADVERTISED ON THE SITE BY A THIRD PARTY.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, PRIVATE IDENTITY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR OF ACTIVITIES YOU MAY ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL PRIVATE IDENTITY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR (1) ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, OR (2) ANY LOSS OF DATA, REVENUE, PROFITS, SAVINGS, ASSETS, EARNINGS, GOODWILL OR REPUTATION, OR (3) COST OF REPLACEMENT, LOSS OF USE OR LOSS OF BUSINESS OPPORTUNITY ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR IF SUCH DAMAGES OR LOSSES WERE FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PRIVATE IDENTITY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, FOR ALL OCCURRENCES AND/OR ANY DAMAGES ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED $100.00. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION 11 (LIMITATION OF LIABILITY) ARE PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PRIVATE IDENTITY AND SHALL APPLY TO ALL CLAIMS, CAUSES OF ACTION AND THEORIES OF LIABILITY AND WHETHER IN CONTRACT, IN TORT OR ANY OTHER LEGAL OR EQUITABLE GROUNDS (INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), EVEN IF A PARTY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW A PARTY TO DISCLAIM OR LIMIT CERTAIN LIABILITY UNDER APPLICABLE LAW, SO CERTAIN OF THE ABOVE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 11 (LIMITATION OF LIABILITY) MAY NOT APPLY TO PRIVATE IDENTITY OR YOU. THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 11 (LIMITATION OF LIABILITY) DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnity. You agree to defend, indemnify and hold harmless Private Identity and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, but not limited to, attorney’s fees) (collectively, “Claims”) arising from: (i) your use of, or inability to use, or activities in connection with the Site, including, without limitation, your use of content, services or products available through the Site or information obtained from the Site; (ii) your interaction with any user of the Site; or (iii) your violation of these Terms, provided that your obligations in this Section 12 (Indemnity) shall not apply to the extent any Claims arise due to Private Identity’s negligence or recklessness.
13. Term and Termination. Either party may terminate the at any time. Private Identity, in our sole discretion, has the right to terminate the Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without limitation, for a breach of the Terms). Upon termination of the Terms, you shall cease all use of the Site. You may also terminate the Terms at any time by immediately discontinuing your use of the Site. Neither party shall be liable to the other or any third party for the termination of the Site, or any part thereof. This Section 13 (Term and Termination) and Sections 6 (Intellectual Property Rights), 8 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), 14 (Independent Contractors), 15 (Geographic Restrictions), 16 (Assignment), 17 (Notice), 20 (Applicable Law; Disputes; Arbitration), 21 (Limitation on Time to File Claims) and 22 (General) shall survive termination or expiration of these Terms.
14. Independent Contractors. You and Private Identity are independent contractors of each other. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Private Identity. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Private Identity.
15. Geographic Restrictions. The Site is controlled and operated from our offices in the United States. We make no representation that Content and other materials available through the Site are appropriate or available for use in other locations. Access to the Site may not be legal by certain persons or in certain countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Private Identity, in whole or in part, at any time without restriction or notification to you.
17. Notice. Notices to you may be made via posting on the Site, by email, or by regular mail, in our discretion.
18. Questions. If you have any questions, comments or complaints regarding these Terms of Use or the Site, please contact us at: info@privateid.com.
19. Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Applicable Law; Disputes; Arbitration. These Terms and the relationship between Private Identity and you shall be governed by and construed in accordance with the laws of the state of New York (USA), without regard to its principles of conflict of laws.
Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be decided by a single arbitrator in binding, confidential arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each of Private Identity and you shall bear its own costs, fees and expenses incurred in connection with the arbitration proceeding, including, without limitation, attorneys’ fees and expenses and witness costs and expenses. The arbitrator shall apportion the fees, expenses and compensation of the AAA and the arbitrator between Private Identity and you in such amount as the arbitrator determines is appropriate. Arbitration shall take place in New York County, New York, unless Private Identity and you mutually agree to another location.
If the above arbitration provision is determined by applicable law not to apply to you, then you agree to submit to the personal and exclusive jurisdiction of the courts located in New York County, New York and to waive any jurisdictional, venue or inconvenient forum objections to such courts, provided that, notwithstanding the above provisions of this Section 20 (Applicable Law; Disputes; Arbitration), Private Identity may seek injunctive relief in any court of competent jurisdiction.
21. Limitation on Time to File Claims. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
22. General. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms shall constitute the entire agreement between you and Private Identity concerning the Site and the subject matter of the Terms, and these Terms supersede all prior communications, both written and oral, with respect to its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, no waiver by a party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.