Thank you for your interest in AlwaysMind. AlwaysMind is a service provided by Identity Guardian Inc. The following terms and conditions apply to all users who use Identity Guardian services (defined below).
IG may change the Terms of Service at any time and at its sole discretion. The modified Terms of Service will be effective immediately upon posting on or through the AlwaysMind website (https://www.alwaysmind.com
) and/or any new website, and you agree to the new posted Terms of Service by continuing your use of IG Services. IG will provide at least 30-days' notice before any material changes take effect. If you do not agree with the new/modified Terms of Service, your sole remedy is to discontinue using IG Services and cancel your registration.Grant of License
IG and its vendors grant you a personal, limited, non-exclusive, non-transferable, non-assignable license to use IG services in accordance with these Terms of Service.Limitation of Use
You may use IG Services for personal, lawful purposes only. You may not use IG Products in any manner that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, or otherwise objectionable, (3) encourages conduct that would constitute a criminal or other offense, (4) gives rise to civil liability, or (5) otherwise violates any applicable local, state, federal or international law, ordinance including any regulations requirements, procedures or policies in force from time to time, or any right of any third party, including without limitation, any right of privacy or publicity. You also may not undertake any conduct that, in IG’s judgment, restricts or inhibits any other user from using or enjoying IG Services.
You may not use IG Services to obtain, process, monitor, distribute or make any other use of the provided data belonging to someone other than yourself.No harvesting
You will not collect content or information, or otherwise access IG services using automated means (such as bots or scrapers) without our prior permission.Advertising
IG reserves the right to run advertisements and promotions on the IG Services’ websites and applications. By accepting the terms of this License, you agree that we have the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising by us within the pages comprising these websites and applications is subject to change and shall be determined by us at our sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through these websites and applications, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that IG will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on these websites and applications.Taxes
You are responsible for paying all applicable taxes and other costs, however called, imposed by any applicable Federal, state or local or foreign government or regulatory authority in connection with your use of the services, whether such is imposed now or later by the applicable authority, even if such imposition occurs after the receipt or use by you of the Software or the termination or expiration of the License. You are responsible for paying all hardware and software costs and providing yourself with all equipment and software necessary to connect and use IG’s services and any royalties or other charges relating to the use of data owned by third parties.Restrictions on access
You may access IG Services only through the interfaces and protocols provided or authorized by IG. You agree that you will not access IG servers and Products through unauthorized means, such as unlicensed software clients.Your access
You are responsible for obtaining and maintaining the equipment and connectivity services (e.g. telephone, cable etc.) necessary to access and use IG Products and for any charges, telephone or other, associated with connecting to the Internet to use the Products. Such charges may vary upon your location, access number and may include long distance telephone charges.Risks
The IG service may be vulnerable to various security issues and should not be considered secure. By using the IG services you may be subject to various risks, including, among others:
- Unauthorized exposure of information
- Unauthorized invasion of your or someone else’s privacy during, or as a result of, your or another's use of the Service.
- Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be unlawful.
If you do not wish to be subjected to these risks you are advised not to use the services.Intellectual Property Rights
As between IG and you, IG is the sole owner of the Software, IG Products, including without limitation, all applicable U.S. and non-U.S. Copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. All title and intellectual property rights in and to the content of any third party web site which may be linked to or viewed in connection with the Service is the property of the respective content owner and may be protected by applicable Copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except as allowed by such third party.Copyright and Trademark Infringements
IG respects the intellectual property of others, and we ask you to do the same. IG may, in appropriate circumstances and at our discretion, terminate service and/or access to the IG websites and the IG Services to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on the IG and IG Services’ websites, please provide us with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IG to locate the material.
- Information reasonably sufficient to permit IG to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IG’s agent for notice of claims of copyright or trademark infringement on the IG websites can be reached as follows:
By mail: Identity Guardian Inc. ATT: DMCA NOTICE 510 Clearwater Loop #100, Post Falls, ID 83854 By phone: +1-415-935-0701 By e mail: email@example.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the user.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
By mail: Identity Guardian Inc. ATT: DMCA NOTICE 510 Clearwater Loop #100, Post Falls, ID 83854 By phone: +1-415-935-0701 By e mail: firstname.lastname@example.org
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Only the intellectual property rights owner may report potentially infringing items through IG’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.Unsolicited materials
Any unsolicited materials submitted or sent to IG will be deemed to be not confidential or secret. By submitting or sending information or other material to IG you:
(a) Warrant that you have all rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material; and
(b) grant IG an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that IG is free to use any ideas, know-how, concepts or techniques you send us for any purpose, without any compensation to you or any other person.Changes to service
IG has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of IG Services including, but not limited to, the Software, website, server availability, hours of availability, equipment needed for access or use, the update frequency, or the availability of IG Products on any particular device or communications service. IG may provide different users with different levels of service or service features availability, or cease to provide service to some or all users. IG has no obligation to provide you with prior notice of any such changes.Disclaimer of Warranty
YOUR USE OF IG SERVICES IS AT YOUR SOLE RISK. IG SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
WITHOUT LIMITATION OF THE FOREGOING, IG AND ITS VENDORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IG AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN IG SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF IG SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN IG SERVICES WILL BE CORRECTED. IG AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF IG SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. IG PROVIDES IG SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE IG SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT IG WILL HAVE ADEQUATE CAPACITY FOR IG SERVICES AS A WHOLE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IG DOES NOT WARRANT OR GUARANTEE THAT ALL VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SERVICE. IG DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM OR PORTION OF THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT THE FUNCTIONS OR SERVICES PERFORMED BY IG WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.No liability
IN NO EVENT WILL IG , ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, LOSS OF GOODWILL, OR INFORMATION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE IG SERVICES, EVEN IF IG SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, IG 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IG'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH IG (INCLUDING WITHOUT LIMITATION YOUR USE OF IG SERVICE) IS TO DISCONTINUE YOUR USE OF IG SERVICES. IG DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH IG PRODUCT PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Terms of Service and the relationship between you and IG shall be governed by and construed under the laws of the State of New York, excluding New York’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of New York, New York, USA.International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and privacy. Specifically, you agree to comply with all applicable laws regarding privacy and privacy invasion which apply in the country in which you reside.No Support by IG
You understand that your use of the Services is at your own risk and that IG does not commit to provide any assistance other than the information posted on the IG Services’ websites. IG is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Service.Indemnification
You agree to defend, indemnify and hold harmless IG, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of IG Services. IG reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such an event, shall you have no further obligation to provide indemnification for IG in that matter.Termination
IG has the right to terminate your access to IG Services for any reason, including, without limitation, if it, at its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). IG may, but shall be under no obligation to, provide you a warning prior to termination of your use of IG Services.3rd party sites and services
Third parties may offer from time to time applications or services to access IG Services. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third-parties. IG does not represent and warrant that access and use of IG Services through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access IG Services at all times and locations of your choosing. You also agree that IG is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make IG Services accessible through these third-party applications.
The IG service may provide, or third parties may provide, links to World Wide Web sites or other Internet resources. Any third-party sites to which IG Services may link are not under control of IG . IG does not have any responsibility or liability for any information, data, communications, materials or other content available on such third-party sites or any changes or updates to such sites. IG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IG of the site.Account Deletion
If you no longer want to use our Services, and would like your account deleted, we can take care of this for you. Please contact us via our website, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate it or retrieve any of the content or information you have added. Your activity log and information detected as part of the service will also not be available cannot be retrieved once the account is deleted.Export control
You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from IG, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.Electronic Delivery Policy
IG, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY IG PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM IG ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that IG generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to IG during registration or (2) on a welcoming screen or top page of the relevant IG Product. The delivery of any Notice from IG is effective when sent by IG , regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.Trademarks
The IG name, logo, and other IG related properties are trademarks of IG. All other trademarks appearing on IG services are trademarks of their respective owners.Entire Agreement
This License constitutes the entire understanding between IG and you with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.No Waiver
The failure or delay of IG to exercise or enforce any rights or provision of the License does not constitute a waiver of such right or provision.Survival
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this License, including without limitation all of your representations, warranties and indemnification obligations.Provisions unenforceable or invalid
Should any part of this License be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement. IG may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Last Updated: August 5, 2020