Date of last revision: August 2015
Aegis Clearance, LLC., a Minnesota company, doing business as “Aegis Clearance” (“Aegis Clearance”), in connection with the purchase of an Aegis Security Clearance (“Aegis Clearance”) provides access to the screening, training and testing services (“Services”) on the Site.
You may not use this Site if you are not of legal age to form a binding contract with Aegis Clearance. Aegis Clearance reserves the right to request any buyer of its Services to provide written proof of age in any form.
Aegis Clearance reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference. Use of the Site after such changes constitutes acceptance of such changes.
1) License Grants for Use of Site & Restrictions.
Subject to your continued strict compliance with the terms and conditions of this document and the limitations below, Aegis Clearance provides to you a revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the Site. You may not download, print or record materials and information from the Site without written permission from Aegis Clearance. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by Aegis Clearance in its sole and absolute discretion; (ii) Aegis Clearance has the right to control and direct the means, manner, and method by which the Site is provided; (iii) Aegis Clearance may, from time to time, engage independent contractors, consultants, or subcontractors to aid Aegis Clearance in providing the Site or use thereof; and (iv) Aegis Clearance has the right to provide the Site to others. In addition, you hereby acknowledge and agree that these Terms provide you with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that Aegis Clearance transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else under these Terms. Aegis Clearance hereby reserves any and all intellectual property rights not otherwise expressly granted in these Terms.
Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code, programs, software, and documentation found on or accessible through the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Aegis Clearance server, or (d) any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Aegis Clearance’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Aegis Clearance on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information in a manner inconsistent with these Terms; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Aegis Clearance. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT AS PROVIDED IN THESE TERMS, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY AEGIS CLEARANCE TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
2) Billing and Services
a) Aegis Clearance
Applicants who register to obtain their Aegis Clearance are billed up-front, with no refund offered should the applicant fail to successfully obtain their Aegis Clearance, whether that be due to a negative result in the screening process, failure of the applicant to pass the training exam, or failure to complete any portion of the clearance process for any reason. The Aegis Clearance is valid for two (2) years, and must be renewed to remain valid.
- Individual Aegis Clearance, Initial: For a new individual Aegis Clearance, the debit or credit card or other payment account you provide will be billed a one-time charge (see pricing on website at www.aegisclearance.com) immediately upon purchase.
- Individual Aegis Clearance, Renewal: For a renewal of an individual Aegis Clearance, the debit or credit card or other payment account you provide will be billed a one-time charge (see pricing on website at www.aegisclearance.com) immediately upon purchase.
- Business Aegis Clearance, Initial: For a new business Aegis Clearance, the debit or credit card or other payment account you provide will be billed a one-time charge based on the number of clearance purchased (pricing outlined on the website at www.aegisclearance.com or in your invoice), due immediately upon purchase.
- Business Aegis Clearance, Renewal: For renewal of a business Aegis Clearance, the debit or credit card or other payment account you provide will be billed a one-time charge (pricing outlined on the website at www.aegisclearance.com or in your invoice) per clearance immediately upon purchase.
If your payment is declined due to insufficient funds or any other reason, Aegis Clearance reserves the right to refuse access to begin the process until successful payment is completed.
b) Payment Authorization
BY SIGNING UP FOR AN AEGIS CLEARANCE, YOU AUTHORIZE AEGIS CLEARANCE TO CHARGE YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT THE FEES ASSOCIATED WITH THE AEGIS CLEARANCE’S TERM AS DESCRIBED ABOVE, AND YOU ACKNOWLEDGE AND AGREE THAT AEGIS CLEARANCE WILL OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR ANY ADDITIONAL RECURRING FEE CHARGED TO YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT. IN ADDITION, YOU AGREE THAT AEGIS CLEARANCE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OVERDRAFT CHARGES OR FEES WHICH YOU MIGHT INCUR AS A RESULT OF YOUR PAYMENT. YOU UNDERSTAND AND AGREE THAT IF YOU PURCHASE AN AEGIS CLEARANCE, THIS CONSUMER TRANSACTION DOES NOT OFFER A REFUND, AND YOU ARE LIABLE FOR PAYMENT OF SERVICES UNDER THESE TERMS EVEN IF YOU DO NOT SUCCESSFULLY COMPLETE THE AEGIS CLEARANCE PROCESS.
c) Current Pricing and Price Modification
For the most up-to-date pricing, please go to http://www.aegisclearance.com. We reserve the right to modify the prices charged for Aegis Clearances, or to add or remove any pricing models, from the Site at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored if purchase is made within 90 days of quote generation from Aegis Clearance.
d) Refund Policy
AEGIS CLEARANCE DOES NOT OFFER REFUNDS. YOU ARE LIABLE FOR PAYMENT OF SERVICES UNDER THESE TERMS EVEN IF YOU (OR YOUR EMPLOYEES) DO NOT SUCCESSFULLY COMPLETE THE AEGIS CLEARANCE PROCESS. OFFERING A REFUND WOULD CREATE A CONFLICT OF INTEREST AND FOR AEGIS CLEARANCE AND THE APPEARANCE OF IMPROPRIETY BY LINKING CLEARANCE APPROVALS TO PROFIT.
- Considerations: Aegis Clearance determinations are made based on the totality of evidence gathered in the course of the adjudication process, which is combined to generate an overall assessment of risk related to a person’s ability to adequately protect sensitive information. There are automatic disqualifiers which can cause a person to fail the adjudication process:
- Automatic Disqualifiers:
- Any indications of dishonesty or attempt to defraud in the adjudication process
- Failing the eReference process
- Presence of any felony conviction on your record
- Presence of illegal drugs as determined by a drug screening
- A credit score below 500
- Failing the Screening Questionnaire
- Failing the Training Examination three times
- Failing to successfully complete the Practicum
- Failure to sign the Oath
- Failing to complete the entire Aegis Clearance adjudication process within 90 days.
- Possible Disqualifiers:
- Misdemeanor convictions that reflect lack of trustworthiness within the last 7 years. Time elapsed and activities since the misdemeanor will also be taken into consideration, with due regard for the integrity of the Aegis Clearance.
- A credit score of 600 or below requires manual review for a pattern of poor financial responsibility within the last 7 years.
e) Billing Errors
If you believe that you have been erroneously billed, please contact our support team immediately to notify us of such error.
f) Reversals and Chargebacks
Aegis Clearance considers chargebacks and reversals as potential cases of fraudulent use of our Aegis Clearance and/or theft of Aegis Clearances and will be treated as such. Aegis Clearance reserves the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a customer if there is fraudulent use and or theft of any Aegis Clearance.
3) Orders Placed Through the Site & General Payment Information.
All orders placed through the Site are subject to Aegis Clearance’s acceptance. If for any reason your order is not accepted, we will provide you with an email with notice that we have declined your order. Aegis Clearance may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Aegis Clearance, Aegis Clearance will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our support team.
While we want everyone to be able to enjoy the Aegis Clearance, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased by individuals or companies. Some reasons we may do so include, but are not limited to, the following:
- Orders that cannot be processed as a result of incorrect or invalid billing or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:
- Incorrect credit or debit card or other payment account information such as card number, expiration date and card security value;
- Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
- Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history; and
- Orders connected to previous credit card disputes.
All fees are payable in U.S. dollars. Aegis Clearance offers several methods of payment for you to purchase Aegis Clearances, including debit cards and credit cards. Aegis Clearance reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card or any other account used to purchase Aegis Clearances from the Site. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card or other payment account might have been used in a fraudulent manner to purchase an Aegis Clearance, please contact our Customer Service Department at firstname.lastname@example.org.
By ordering an Aegis Clearance through the Site, you authorize Aegis Clearance to charge your debit or credit card or payment account accordingly.
4) User Obligations
By installing, accessing, or using this Site you hereby represent that you will, at all times, provide true, accurate, current, and complete information when submitting information to this Site, including, without limitation, when you provide any information to Aegis Clearance via an email or any registration or submission form found on the Site. If you provide any false, inaccurate, untrue, or incomplete information, Aegis Clearance reserves the right, in its sole discretion, to immediately and without notice terminate your access to and use of this Site and/or cancel any of your pending purchases or registrations with Aegis Clearance. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site are solely at your own risk. While Aegis Clearance has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Aegis Clearance is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
5) Fair Credit Reporting Act (FCRA) Notice
Aegis Clearance IS NOT A CREDIT REPORTING AGENCY (“CRA”) FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”), 15 USC §§ 1681 et seq. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.
You may not use any credit information obtained from Aegis Clearance in connection with its Services to determine a prospective candidate or current employee’s suitability for:
- Health insurance or any other insurance,
- Credit and/or loans,
- Education, scholarships or fellowships,
- Housing or other accommodations, or
- Benefits, privileges or services provided by any business establishment.
The information provided by Aegis Clearance in connection with its Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. According to applicable law, you are not permitted to use any of this information as a factor in: (a) establishing an individual’s eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; (b) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); (c) evaluating an individual for educational opportunities, scholarships or fellowships; (d) evaluating an individual’s eligibility for a license or other benefit granted by a government agency or (e) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including, without limitation, apartment rental, check-cashing, or the opening of a deposit or transaction account. You also agree that you shall not use any of the information you receive in connection with Aegis Clearance’s Services to take any “adverse action,” as that term is defined in the FCRA; you have appropriate knowledge of the FCRA; and, if necessary, you will consult with an attorney to ensure compliance with these Terms.
6) Postings and Permission to Use Postings.
The Site, and/or any social media page controlled by Aegis Clearance that is accessible directly through the Site (each, an “Aegis Clearance Social Media Page”), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, “Forum”). To the extent the Site and/or any Aegis Clearance Social Media Page contains any such Forum, you hereby acknowledge and agree that when using the Site and/or any Aegis Clearance Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:
- anything that interferes with or disrupts the operation of the Site and/or Aegis Clearance Social Media Page,
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Aegis Clearance,
- statements or material that misrepresents your affiliation with any entity and/or Aegis Clearance,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, or
- statements or material that are “off-topic” for a designated Forum.
You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or by otherwise using the Site and/or an Aegis Clearance Social Media Page to transmit or display a Posting, you automatically grant Aegis Clearance, its affiliates, officers, directors, employees, consultants, agents, and representatives, for a period of ten (10) years, renewable at Aegis Clearance’s option, a royalty-free, irrevocable, non-exclusive, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that you have all necessary rights to make the Posting available to Aegis Clearance and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Aegis Clearance has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Site and/or an Aegis Clearance Social Media Page. You will not be compensated for any Postings used by Aegis Clearance. You agree that Aegis Clearance may publish or otherwise disclose your name in connection with your Posting. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Site and/or an Aegis Clearance Social Media Page, Aegis Clearance has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Aegis Clearance assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
7) Aegis Clearance Intellectual Property.
- a) All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site (collectively, “Intellectual Property”), unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Aegis Clearance and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Aegis Clearance (and/or its third-party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent, trademark, Trade Secret and related laws in and to the Services and the data and information that provided in connection with the Services. Except as expressly provided in these Terms, Aegis Clearance does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. The Site is Copyright © 2015 Aegis Clearance and/or its licensors. All rights reserved. Aegis Clearance also owns a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, or materials available through this Site and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Aegis Clearance and/or its suppliers. Aegis Clearance® and all other names, logos, and icons of Aegis Clearance, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by Aegis Clearance, and any use of such marks without the prior express written permission of Aegis Clearance is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- b) No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Aegis Clearance.
- c) You may browse through the Site and download any information you obtain by using the Services for your own personal use. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in these Terms, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our Intellectual Property or the Site itself.
8) Third Party Sites and Services.
This Site may contain links to other sites owned by third parties, and the Site may contain the advertisements of third parties and/or feature materials, programs, events, products, and services provided by third parties. Your use of each of those sites and third-party materials, programs, events, products, and services is at your own risk and is subject to the terms of those sites. Aegis Clearance has no control over sites, materials, programs, events, products, and services that are not ours, and Aegis Clearance is not responsible for any changes to or content on any third-party sites. Aegis Clearance assumes no responsibility for the content of or services offered by linked third-party sites, and makes no representations regarding the accuracy of materials on third-party websites. Statements made on third-party websites linked to or from this Site reflect only the views of their authors and not of Aegis Clearance. Aegis Clearance’s inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. Aegis Clearance expressly disclaims responsibility and liability for all third-party sites and all third-party provided materials, programs, events, products, and services contained on or accessed through the Site or on third-party websites, and you agree that Aegis Clearance shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third-parties’ materials, products, and/or services on this Site.
Aegis Clearance welcomes your feedback and suggestions about how to improve the Site and/or the events, programs, Information and Materials, Services, and/or Aegis Clearances of Aegis Clearance. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Aegis Clearance, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Aegis Clearance. In addition, any feedback received through this Site will be deemed to include a royalty-free, irrevocable, transferable, sublicensable, non-exclusive right and license, for a period of ten (10) years, renewable at Aegis Clearance’s option, for Aegis Clearance to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
10) Site Security.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Aegis Clearance reserves the unqualified right to view, monitor, and record activity on the Site without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Site is subject to review by law enforcement organizations in the sole and absolute discretion of Aegis Clearance. Aegis Clearance will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Aegis Clearance reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Site or any portion thereof.
11) Disclaimer of Warranties.
- a) AEGIS CLEARANCE DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR THROUGH THE SERVICES. USE OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND ALL CONTENTS OF EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- b) AEGIS CLEARANCE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. AEGIS CLEARANCE IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR SERVICES.
- c) AEGIS CLEARANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE AEGIS CLEARANCE MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. AEGIS CLEARANCE UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
- d) AEGIS CLEARANCE DOES NOT REPRESENT THAT THE SITE, THE SERVICES OR ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
- e) YOU ACKNOWLEDGE AND AGREE THAT AEGIS CLEARANCE OBTAINS ITS DATA PROVIDED IN CONNECTION WITH ITS SERVICES FROM THIRD-PARTY SOURCES, WHICH MAY OR MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND THAT YOU SHALL NOT RELY ON AEGIS CLEARANCE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED IN CONNECTION WITH ITS SERVICES. WITHOUT LIMITING THE FOREGOING, THE CRIMINAL RECORD DATA THAT MAY BE PROVIDED BY AEGIS CLEARANCE IN CONNECTION WITH ITS SERVICES MAY INCLUDE RECORDS THAT HAVE BEEN EXPUNGED, SEALED, OR OTHERWISE HAVE BECOME INACCESSIBLE TO THE PUBLIC SINCE THE DATE ON WHICH THE DATA WAS LAST UPDATED OR COLLECTED. YOU UNDERSTAND THAT YOU MAY BE RESTRICTED FROM ACCESSING CERTAIN INFORMATION AND MATERIALS WHICH MAY BE OTHERWISE AVAILABLE. AEGIS CLEARANCE RESERVES THE RIGHT TO ADD MATERIALS AND FEATURES TO, AND TO DISCONTINUE OFFERING ANY OF THE MATERIALS AND FEATURES THAT ARE CURRENTLY A PART OF ITS SERVICES PROVIDED IN CONNECTION WITH AN AEGIS CLEARANCE.
- f) AEGIS CLEARANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12) Limitation of Liability.
- a) AEGIS CLEARANCE IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICES BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE OR SERVICES, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED AEGIS CLEARANCE IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.
- b) IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AEGIS CLEARANCE IS FOUND LIABLE UNDER ANY THEORY, AEGIS CLEARANCE’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND THE SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100.
- c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 12 AND 13. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 12 AND 13 MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS OF SECTION 16(D) (SEVERABILITY) BELOW WILL APPLY.
You will defend, indemnify and hold Aegis Clearance and its affiliates, their employees, contractors, agents, representatives, shareholders, officers, directors, co-branders, content licensors, and/or other partners harmless from any liability, claim, expense, or demand, including attorneys’ fees and costs, made by any third party in connection with or arising out of your use of the Site, your violation of any terms of these Terms, your violation of applicable laws, or your violation of any rights of another person or entity. Aegis Clearance reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Aegis Clearance in asserting any available defenses.
14) Arbitration and Class Action Waiver.
- a) EXCEPT WHERE PROHIBITED BY LAW, YOU AND AEGIS CLEARANCE UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND AEGIS CLEARANCE, ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES (INCLUDING DISPUTES AGAINST ANY AGENT, EMPLOYEE, SUBSIDIARY, AFFILIATE, PREDECESSOR IN INTEREST, SUCCESSOR, OR ASSIGN OF THE OTHER) RELATING TO THE SITE, THE INFORMATION AND MATERIALS PUBLISHED BY AEGIS CLEARANCE ON OR THROUGH THE SITE, ANY TRANSACTION OR RELATIONSHIP BETWEEN US RESULTING FROM YOUR USE OF THE SITE, COMMUNICATIONS BETWEEN US, OR THE PURCHASE, ORDER, OR USE OF OUR AEGIS CLEARANCES, THE INFORMATION PROVIDED IN CONNECTION WITH OUR AEGIS CLEARANCES, AND YOUR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A MINNESOTA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
The following procedures shall apply:
- i) Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein.
- ii) In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by a mutually agreed-upon arbitration forum, and shall be conducted using the then current commercial rules and regulations of that forum (except as varied by this agreement). The arbitration shall take at the selected forum, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
- iii) Payment of all filing, administration, and arbitrator fees will be governed by the selected firms’ rules.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.
Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Aegis Clearance, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE, SERVICES, OR AEGIS CLEARANCES.
- b) Governing Law; Jurisdiction; Attorneys’ Fees. This Site (excluding linked sites) is controlled by us from our office in Minnesota, United States of America. Although the purchase of an Aegis Clearance from outside the United States is strictly prohibited, the Site can be accessed worldwide. As each of these jurisdictions has laws and regulations that may differ from those of Minnesota, by accessing this Site or purchasing, subscribing, or otherwise using the Services, you and Aegis Clearance agree that the laws of Minnesota (expect for conflicts of laws principles) will apply to all matters relating to use of this Site. If for any reason, the arbitration provision required above is deemed inapplicable or unenforceable, exclusive jurisdiction must lie with the courts of Minnesota for all disputes, actions or proceedings arising out of or relating to your use of the Site. In any dispute that arises out of the relationship of Aegis Clearance and you, including tort claims, the prevailing party will be entitled to attorneys’ fees and costs.
- c) English Language Controls. These English-language Terms are Aegis Clearance’s official agreement with users of this Site. In case of any inconsistency between these English-language Terms and its translation into another language, this English-language document controls. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms, or Aegis Clearance’s information and materials, events, Aegis Clearances and/or Services accessed or purchased through this Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- d) Severability. If a provision of these Terms is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of these Terms must not be affected or impaired.
- e) Waiver. No failure or delay on the part of Aegis Clearance in exercising any right, power or remedy under these Terms may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under these Terms.
- f) Term and Termination. These Terms will take effect (or shall re-take effect) at the time you click “I ACCEPT”, submit information through this Site, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the Site, whichever is earliest. Aegis Clearance reserves the right at any time and without notice to deny you access to the Site or to any portion thereof and to terminate your rights under these Terms, in its sole and absolute discretion. Your rights under these Terms will terminate automatically if you fail to comply with these Terms, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Site in your possession. The provisions concerning permission to use postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of these Terms for any reason.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
18) Equal Opportunity
Aegis Clearance, LLC prohibits discrimination against its customers, employees, and applicants for security clearances on the bases of race, color, national origin, age, disability, sex, gender expression, religion, political beliefs, marital status, familial or parental status, sexual orientation, military affiliation, or any other protected class, except in limited and special circumstances where these elements relate in a direct and articulable way to an applicant’s ability to protect sensitive information.
19) Contact Information.
If you have questions about these Terms or want to contact us, please contact Aegis support through our website form: http://aegisclearance.com/support/