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
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.
- You must be at least 13 years old to use the Application.
- 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.
- You are responsible for keeping any password information secret and secure.
- 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.
- 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.
- 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.
- 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.
- You can delete your Descartes Biometrics unique profile by deleting the App or Apps from your mobile device.
- We reserve the right to refuse access to the Application to anyone for any reason at any time.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
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.
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
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.