Terms Of Use

Welcome to Descartes Biometrics, Inc. Please read this document in its entirety to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info-at-descartesbiometrics.com, or by mail to:

Descartes Biometrics, Inc.
P.O. Box 539
Blaine, WA 98231-0539

By accessing or using the Descartes Biometrics website, the Descartes Biometrics Apps, or any applications (including mobile applications) made available by Descartes Biometrics (together collectively, the “Application” or “App” or “Apps”), regardless of the type of access you choose, you agree to be bound by these terms of use (“Terms of Use”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, please do not access or use Descartes Biometrics.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND DESCARTES BIOMETRICS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms of Use

By installing or otherwise using this Application, you agree you are 13 or older and agree to the Descartes Biometrics privacy policy and to the terms and conditions in the Terms of Use. We reserve the right to, in our sole discretion, change, modify, add, or delete portions of the Terms of Use at any time. We will provide notice of such changes only by posting the updated Terms of Use on our Web site and changing the “last updated” date associated with the updated Terms of Use of Descartes Biometrics products. This notice applies exclusively to your access to, interaction with, and use of Descartes Biometrics, and does not alter in any way the terms or conditions of any other agreement you might have with Descartes Biometrics for products, services, or otherwise. We encourage you to review our Terms of Use periodically to check if it has been updated since your last visit or use. If you have any questions regarding the use of the Apps, please refer to any requests for information to info-at-descartesbiometrics.com; or requests for support to support-at-descartesbiometrics.com.

  1. You must be at least 13 years old to use the Application.
  2. You are responsible for any activity that occurs through your use of the App and you agree you will not sell, transfer, license or assign your account, username, or any account rights.
  3. You are responsible for keeping any password information secret and secure.
  4. You may not use the App for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Apps and your Content (defined below), including but not limited to, copyright laws.
  5. You must not change, modify, adapt or alter the Application or change, modify or alter another website so as to falsely imply that it is associated with the App or Descartes Biometrics.
  6. You must not interfere or disrupt the App or servers or networks connected to the App, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Descartes Biometrics page is rendered or displayed in a user’s browser or device.
  7. Violation of these Terms of Use may, in Descartes Biometrics’ sole discretion, result in termination of your Descartes Biometrics access and permission for use. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Descartes Biometrics, we can stop providing all or part of the App to you.

General Conditions

  1. Descartes Biometrics reserves the right to modify or terminate the Apps or your access to the Apps for any reason, without notice, at any time, and without liability to you.
  2. You can delete your Descartes Biometrics unique profile by deleting the App or Apps from your mobile device.
  3. Upon termination, any and all licenses or other rights granted to you in these Terms of Use will immediately cease.
  4. We reserve the right, in our sole discretion, to change these Terms of Use from time to time.
  5. We reserve the right to refuse access to the Application to anyone for any reason at any time.

Rights

  1. Descartes Biometrics does not claim ownership of any unique identifying information used in conjunction with the Apps. Instead, you hereby grant to Descartes Biometrics a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the information that you post or is created in conjunction with the App’s use, subject to the App’s Privacy Policy, available here www.descartesbiometrics.com/privacy.
  2. The Application contains content owned or licensed by Descartes Biometrics (“Descartes Biometrics Content”). Descartes Biometrics Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Descartes Biometrics, Descartes Biometrics owns and retains all rights in the Descartes Biometrics Content and the App. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Descartes Biometrics Application and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Descartes Biometrics content.
  3. The Descartes Biometrics name and logo are the property of Descartes Biometrics, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Descartes Biometrics. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Descartes Biometrics, and may not be copied, imitated or used, in whole or in part, without prior written permission from Descartes Biometrics.
  4. Although it is Descartes Biometrics’ intention for the Apps to be available as much as possible, there will be occasions when an App may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Descartes Biometrics will not be liable to you for any modification, suspension, or discontinuation of the Application, or the loss of any content.
  5. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
  6. It is Descartes Biometrics policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Descartes Biometrics does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Descartes Biometrics is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

API Usage

You are granted a limited, nonexclusive, non-sublicensable right to access the Descartes Biometrics Application Programming Interface (API) on the terms specified herein. This website, the API and the Application are available for your personal, non-commercial use only. Any other use, including but not limited to any commercial use, reproduction for mass distribution, modification, republication, display, or performance, without the prior written permission of Descartes Biometrics, is strictly prohibited. You may not reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit any content, code, data or materials available through the API. 

Descartes Biometrics reserves the right, without notice and in our sole discretion, to terminate your license to use the API. Violation of any of these terms or conditions may subject you to legal actions.

Disclaimer of Warranties

THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DESCARTES BIOMETRICS CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DESCARTES BIOMETRICS NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “DESCARTES BIOMETRICS PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE APPLICATION OR (B) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DESCARTES BIOMETRICS OR VIA THE APPLICATION. IN ADDITION, THE DESCARTES BIOMETRICS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE DESCARTES BIOMETRICS PARTIES DO NOT REPRESENT OR WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPS ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE DESCARTES BIOMETRICS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE APPLICAITON IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPS IS AT YOUR SOLE RISK. THE DESCARTES BIOMETRICS PARTIES DO NOT WARRANT THAT YOUR USE OF THE APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE DESCARTES BIOMETRICS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING ANY DESCARTES BIOMETRICS APPLICATION, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION.
THE DESCARTES BIOMETRICS PARTIES DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER.

Limitation of Liability Waiver

UNDER NO CIRCUMSTANCES WILL THE DESCARTES BIOMETRICS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE APPLICATION; OR, (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE APP; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DESCARTES BIOMETRICS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE APP; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE APP’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DESCARTES BIOMETRICS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE APP). IN NO EVENT WILL THE DESCARTES BIOMETRICS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE DESCARTES BIOMETRICS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIVE UNITED STATES DOLLARS ($5.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DESCARTES BIOMETRICS ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, APPLICATION, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE DESCARTES BIOMETRICS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, APPLICATION, OR OTHER CONTENT OWNED OR CONTROLLED BY THE DESCARTES BIOMETRICS PARTIES.

BY ACCESSING OR USING THE APPS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

DESCARTES BIOMETRICS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You agree to defend – at Descartes Biometrics’ request – indemnify and hold the Descartes Biometrics Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the App or those conducted on your behalf): (i) your content or your access to or use of the App; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Descartes Biometrics in the defense of any claim. Descartes Biometrics reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Descartes Biometrics.

Arbitration

Except if you opt-out or for disputes relating to: (1) your or Descartes Biometrics’ intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above (“Excluded Disputes”), you agree that all disputes between you and Descartes Biometrics (whether or not such dispute involves a third party) with regard to your relationship with Descartes Biometrics, including without limitation disputes related to these Terms of Use, your use of the App, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Descartes Biometrics hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. NEITHER YOU NOR DESCARTES BIOMETRICS WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF DESCARTES BIOMETRICS IS A PARTY TO THE PROCEEDING. THIS DISPUTE RESOLUTION PROVISION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Descartes Biometrics or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Descartes Biometrics can require the other to participate in an arbitration proceeding. To opt out, you must notify Descartes Biometrics in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Descartes Biometrics, Inc.
P.O. Box 539
Blaine, WA 98231-0539

You must include your name and residence address, the email address you use to download or use the Descartes Biometrics Apps, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Descartes Biometrics.

Time Limitation On Claims

You agree that any claim you may have arising out of or related to your relationship with Descartes Biometrics must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the United States of America and the State of Washington, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Descartes Biometrics exclusively in a state or federal court located in Seattle, Washington, and to submit to the personal jurisdiction of the courts located in Whatcom County, Washington for the purpose of litigating all such disputes.

Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Descartes Biometrics’ failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Descartes Biometrics reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Descartes Biometrics.

Entire Agreement

If you are using the App on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Descartes Biometrics and governs your use of the App, superseding any prior agreements between you and Descartes Biometrics. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Descartes Biometrics. Any purported assignment or delegation by you without the appropriate prior written consent of Descartes Biometrics will be null and void. Descartes Biometrics may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Descartes Biometrics to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Apps or any portion of an App, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Descartes Biometrics provides.

Software related to or made available by the Apps may be subject to United States export controls. Thus, no software from the App may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the App, 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.

The effective date of these Terms of Use is December 20th, 2013. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.