TERMS OF USE

Last Updated: 05/11/2023

Welcome to the Real Authentication, LLC mobile application (“App”), our website at realauthentication.com (“Site”) and the services available through the App and Site (collectively, “Services”). These Terms (“Terms”) sets forth the agreement between Real Authentication, LLC its parent, subsidiaries and other affiliated companies (collectively, “Real Authentication”, “we”, “us” or “our”) and each user (“you” or “user”) governing the use by you of the Services. Please read these Terms carefully before using the Services. By using the Site, App and Services, you agree to be bound by these Terms. If you do not agree to the terms and conditions contained herein, you may not access or otherwise use the Services.

These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the App and Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your registration and by changing the “Last Updated” date at the top of this page. We encourage you to check this page periodically for any changes. Your continued use of the App and/or Site following the posting of changes to these Terms will mean you accept those changes.

IN ADDITION, WHEN USING PARTICULAR SERVICES OR FEATURES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR POLICIES APPLICABLE TO SUCH SERVICES, FEATURES OR PURCHASES THAT MAY BE POSTED FROM TIME TO TIME. THE PRIVACY POLICY AND ALL SUCH GUIDELINES, WAIVERS OR POLICIES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE APP.

A SPECIAL NOTE ABOUT CHILDREN: The Services are not designed or intended for use by children under 18. If you are under 18, a parent or guardian must use and purchases the Services on your behalf. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it immediately.

Real Authentication Services:

An in-depth description of the Services together with the benefits and functionality are available on our Site or App. Real Authentication will provide the Services with reasonable care and skill in accordance with the descriptions set out on the Site or App. Real Authentication reserves the right to vary or withdraw any of the Services described without notice. Real Authentication expects you to confirm that the Services you are purchasing will meet your needs. You acknowledge and agree that the success of the Services and the provision of Services and products are fully dependent upon your specific use and participation. Additionally, you further acknowledge and agree that you are purchasing the Services only for your or your company’s benefit and not for any third party or other illegal or unrelated use.

User Accounts:

When you register on the App or Site, you are required to create an account (“Account”) by first providing, at minimum, your first name, last name, email and mailing address. If you choose to purchase any Services, you will need to provide us with additional payment information. For more information regarding the personal information we collect from you and how we use it, please review our Privacy Policy. You agree that all information you provide to us at all times, including during registration and any other information you upload to your Account or through the Services will be true, accurate, current, and complete. You agree to promptly update any outdated personal information on the Services. You may not transfer or share your Account password with anyone, or create more than one Account, unless authorized in a prior writing from Real Authentication. You shall be solely responsible for any and all uses on the Services under your Account and for maintaining confidentiality of your username and password. Real Authentication reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Services and your Account. In no event and under no circumstances shall Real Authentication be held liable to you for any liabilities or damages resulting from or arising out of your use of the Services or your use of the Account. You may not use anyone else’s account at any time.

Anti-Social Forces:

You represent that yourself or anyone using or accessing your account does not fall under any of the following categories: (A) organized crime group; (B) member of an organized crime group; (C) associate of an organized crime group; (D) company affiliated to an organized crime group; (E) corporate racketeer, hoodlum disguising as a supporter of social movement, or other white-collar crime group; or (F) any other person/entity similar to any of the above.

Payment:

If you choose to purchase any of our Services, you agree to pay the fees designated for the Service level you select and in accordance with these Terms and any additional payment terms or policies located on the App. Payments are all processed through Braintree, Paypal, Apple Pay or Google Pay. We may change payment processing options from time to time. Your continued use of the Services serves as your acceptance of the use of any future payment processor.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order or specific brands which we no longer provide authentication services for. These restrictions may include orders placed by or under the same credit card or Account, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit any orders.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You agree to promptly update billing and other information, including your email address and payment processing information, so that we can complete your transactions and contact you as needed.

Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder.

Scope of License:

The license granted to you for the App is limited to a worldwide, perpetual, non-transferable license to use the App on any IOS or Android mobile device. The Terms do not allow you to use the App on any mobile device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). Any attempt to do so is a violation of the rights of Real Authentication and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by Real Authentication that replace and/or supplement the original App, unless such upgrade is accompanied by separate Terms in which case those terms of use will govern.

Right to Change the App:

Real Authentication is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or its Services, including its core functionality, at any time and for any reason.

Copyrights And Trademarks:

Unless otherwise noted all materials, including images, illustrations, designs, coding, software, icons, photographs, certificates, sounds, videos, written, and other materials that appear as part of the Services are copyrights, patents, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Real Authentication (“Content”). The Services as a whole are protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Real Authentication.

Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Real Authentication. Modification or use of the Content except as expressly provided in these Terms violates Real Authentication’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this App, the Site or use of the Services. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, and, display the content made available on the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Content License. You are solely responsible for, and assume all liability regarding, any information, images and content you provide or otherwise make available on the Services, including the text and images in your Account or that you submit to us through the Services (“User Content”). By making available any User Content on or through the Services, you (i) hereby grant to Real Authentication the right to use User Content as necessary to provide the Services, promote the Services and improve the Services, and (ii) waive any and all moral rights that you may have in and to User Content with respect to these uses. Real Authentication does not claim any ownership rights in any of User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of User Content.

By submitting any User Content, you grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such User Content in connection with operating and providing the Services to you and other users, for marketing and internal research purposes, and for external research purposes (for external research, any information will be provided in anonymized and aggregated form).

Real Authentication takes no responsibility and assumes no liability for anything sent to us through the Site, App or Services, or for any loss or damage resulting therefrom. Your use of the App, Site and Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the App, Site or Services will not contain any content that is prohibited by such rules. Real Authentication reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Real Authentication’s sole discretion.

Copyright Policy. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. You represent and warrant that: (1) you have all the appropriate rights and permission (including getting permission from others in photos you provide) to provide such User Content to us, as contemplated under these Terms; and (2) neither User Content nor your posting, uploading, publication, submission or transmittal of User Content or Real Authentication’s use of User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

DMCA Notice. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that your claim is infringing is located.
Your address, telephone number, and email address.
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Errors and Inaccuracies:

We always strive to provide complete, accurate, up-to-date information on our App, Site and through the Services. Unfortunately, despite those efforts, human or technological errors may occur. This App, the Site or our Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, availability of Services, descriptions or authentications and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions at any time.

Shipping and Refund Policy:

Real Authentication allows 90 days to cancel an open and incomplete order. To cancel an open and incomplete order, please send our team a message requesting a refund within the message tab inside your order detail page. Please allow for 3-5 business days for funds to show back into your account.

All domestic orders are shipped via USPS. International orders are shipped via USPS. The cost of shipping will be calculated at the time of purchase. All Nevada residents will incur sales tax as set by the State of Nevada and/or the County to which your delivery will be shipped.

Please check back with us periodically for any updates regarding our shipping policies. Please contact us at [email protected] if you have any questions.

All physical items are final sale and not eligible for any returns or exchanges. All purchases of the Services are non-refundable as soon as Real Authentication processes the order. The only exception to our No Refund policy is if you receive contrary determinations from two 3rd party expert authentication service providers. You must provide us with the official documentation from the other authentication services. In this case, we will refund your payment for the services related to that specific item.

Optional Tools:

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the App, or as a function of the Service, is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the App or Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Termination:

You may deactivate or remove your Account at any time for any reason by emailing us at [email protected] or directly messaging us through your Account. Real Authentication, in our sole discretion, may choose to suspend or terminate your use of the Services and/or your Account for any reason at any time. Subject to applicable law, Real Authentication reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Real Authentication will have no further obligation to provide any services, except to the extent we are obligated to provide you access to your company records (if applicable).

To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms, (iii) any policy or practice of Real Authentication in operating the App, or (iv) any content or information transmitted through the Site, is to discontinue use of any and all parts of the App, Site or Services.

Accuracy of Billing Information:

If you choose to make a purchase through the Site or App, you will need to provide us with your name, payment information, billing address and email. You agree that the information you provide to us at all times, including during Account registration and any other information you provide through the Site or App will be true, accurate, current, and complete. You agree to promptly update any outdated Account information. You shall be solely responsible for any and all purchases on the Site or App using your personal and/or billing information or Account. Real Authentication reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Services. In no event and under no circumstances shall Real Authentication be held liable to you for any liabilities or damages resulting from or arising out of your use of the Services or your release of personal information to a third party.

Prohibited Uses:

You are responsible for your use of the Services, and for any use of the Services made using your Account. The Services are meant to be used strictly for the provision of item authentication. When you use the Services, you agree not to:

violate these Terms or any Real Authentication rules regarding use of the Services;
violate any law or regulation;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services
Attempt in any way to obtain the login information of or otherwise access an Account belonging to someone else;
impersonate any person or entity, submit knowingly fake product for review, or perform any other fraudulent activity;
harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users or alter transmission data;
collect, distribute or gather personal or aggregate information, including Internet, e-mail or other electronic addresses, about other users;
Use, display, mirror or frame the Services or any individual element within the Services, our name, any Real Authentication trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
Engage in any activity or use any program that could disable, overburden, or impair the proper working or our set appearance of the Services, such as a denial-of-service attack, interference with page rendering, or using a program that interferes with other Services functionality;
use any means to scrape or crawl any webpages or Content contained in the Site or App (although Real Authentication may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and Real Authentication reserves the right to revoke these exceptions either generally or in specific cases);
attempt to circumvent any technological measure implemented by Real Authentication or any of Real Authentication’s providers or any other third party (including another user) to protect the Site or App; to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or App; and
advocate, encourage, or assist any third party in doing any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any part of the Services, including any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of the foregoing to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement and other authorities, including by sharing any User Content, as requested by law enforcement or as we, in our sole discretion, deem necessary to protect the safety or wellbeing of our users or any other person.

Non-Confidential Information:

Except for information necessary to purchase the Services, please do not post through the Communication Services or send to us any confidential or proprietary information through the Site or App. Any information, materials, suggestions, ideas or comments sent to us through the Communication Services will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

No Guarantees:

Each user is solely responsible for any and all of its own User Content and any actions or inactions while using the Services. Because we do not control User Content or the actions of any authenticators, you understand and acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content or the authentication Services received through the Site. You agree that Real Authentication will not be responsible for any loss or damage incurred as the result of any such interactions through the Services.

Indemnification:

You agree to defend, indemnify, and hold Real Authentication including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, contracts, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the App and participation in the Services, including: (1) your breach of these Terms or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any use or activity related to the Services; (4) any allegation that any materials that you submit to us or transmit through the App or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Disclaimer Of Warranties; Limitations Of Liability:

The following disclaimers are made on behalf of Real Authentication, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, contractors, agents, and shareholders.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REAL AUTHENTICATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES, ANY CONTENT OR ANY USER CONTENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY ASPECT OF THE APP OR SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE, OR THAT ANY ASPECT OF THE SERVICES WILL MEET YOUR NEEDS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR APP AND SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY PRODUCTS OR SERVICES LINKED TO THEM.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL REAL AUTHENTICATION OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION OR REMEDY AVAILABLE AT LAW OR IN EQUITY, EVEN IF REAL AUTHENTICATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REAL AUTHENTICATION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (G) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (I) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (J) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THE AGGREGATE LIABILITY OF REAL AUTHENTICATION AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (i) THE AMOUNT YOU HAVE PAID TO REAL AUTHENTICATION FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (ii) $100. AS PART OF ANY CLAIM AGAINST REAL AUTHENTICATION OR ITS AFFILIATES, YOU AGREE TO WAIVE YOUR RIGHT TO SEEK OR RECOVER INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE ALL ACTIVITIES ON THE SITE OR APP.

Force Majeure:

In case of force majeure, we are not obliged to fulfill our obligations. In that case we may either suspend our obligations, or the Services, for the duration of the state of force majeure or definitely repudiate these Terms.

Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, pandemics, epidemics, unavailability of locations, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the App or Site, inability to process payment or other third-party obligations.

Geographical Use:

Although this Site, the App and its Services may be accessible worldwide, we make no representation that materials on this Site, App or the Services provided through this App are appropriate or available for use in locations outside the United States of America. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Export:

The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Real Authentication, or any products or services utilizing such data, in violation of the United States export laws or regulations.

Disputes Resolution

Disputing of a determination provided by Real Authentication must be made within 90 days of the original completion date. If no dispute is made within 90 days of the completion date of the order, the Service will be deemed accepted by the client. If You have any concern or dispute about the Service within 90 days of the original completion date, You agree to our policy to try & resolve the dispute informally by contacting the Company.

Dispute communication is conducted by contacting customer service through the messaging portal with your order detail page. Official documentation from two separate & credible expert authentication companies must be provided in opposition of the Real Authentication determination in order to qualify for a refund of the service order fee. Real Authentication does not provide a financial guarantee for the value of any item it services. Disputed orders resulting in refund do not imply or indicate we agree with the opposition’s determination but rather provided to You as the client, a courtesy.

Arbitration:

In the event of any dispute, controversy or claim between the parties hereto arising out of or relating to these Terms, the parties shall first seek to resolve the dispute in good faith through informal discussion. You agree that before initiating any dispute or arbitration proceeding, the parties will attempt to negotiate an informal resolution of any dispute and then proceed with mediation.

If a resolution is not achieved through informal resolution or mediation, it will be settled by individual (not class or class-wide) binding arbitration administered by the American Arbitration Association (AAA) in accordance with the then current Commercial Financial Disputes Arbitration Rules, including any expedited procedures. A demand that a claim be submitted to arbitration may be made before the initiation of any legal proceeding or within ninety (90) days following the service of a complaint, third party complaint, cross-claim or counterclaim and if a party in a pending legal proceeding demands a claim to be submitted to arbitration, the party initiating the action will immediately dismiss the legal proceeding and file the claim in arbitration. Arbitration hearings will be held in the County of Washoe, Nevada. A single arbitrator will be appointed by the AAA and shall be a practicing attorney or retired judge having experience with and knowledge of payroll and online commerce law. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including attorneys’ fees and expert witness fees. A judgment on the award may be entered by any court having jurisdiction. The parties agree and acknowledge that this agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in these Terms.

CLASS ACTION AND JURY TRIAL WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE ACTION (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. USER AGREES THAT, BY ENTERING INTO THESE TERMS, USER AND REAL AUTHENTICATION ARE EACH VOLUNTARILY AND IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Further, if the parties’ dispute is resolved through arbitration, neither AAA nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section shall be null and void.

In any lawsuit in which (1) the complaint is filed as a class action or collective action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from these Terms and in such instances, the class action, collective action must be litigated in a civil court of competent jurisdiction and not as a class or collective.

Governing Law and Jurisdiction:

These Terms, the Privacy Policy and any separate agreements whereby we provide you services shall be governed by the laws of the State of Nevada. The parties agree exclusive jurisdiction shall be in Washoe County, California for any and all issues arising out of the Terms or any related documents or transactions.

Electronic Signature Agreement:

By selecting the “I Accept” button or providing a digital signature, you are agreeing to sign these Terms electronically. You agree your electronic signature is the legal equivalent of its manual signature on these Terms. By selecting “I Accept” you consent to be legally bound by these Terms’ terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Real Authentication instructions electronically, or making any acceptance of any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (herein after referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You further agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting these Terms between Real Authentication and yourself.

Miscellaneous:

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, the Privacy Policy and any other policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the App, Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. The Terms inure to the benefit of our successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Contact Information:

Real Authentication, LLC
1135 Terminal Way, Suite #209
Reno, NV 89502

[email protected]