1. General:
Proactive West Enterprise Inc. operates this website (“www.MyProtectedID.com.”), including all information, documents, content, materials, software, and services (the “Content”) available on www.MyProtectedID.com. Website and content are available to you only for your personal, non-commercial use subject to the conditions of use set forth in the present agreement (“Conditions of Use “), together with our Privacy Notice. By accessing, browsing and using www.MyProtectedID.com, you acknowledge that you have read, understand and agree to be bound by the Conditions of Use and to comply with all applicable laws and regulations, including, but not limited to, all applicable export and re-export control laws and regulations.
Your use of www.MyProtectedID will is subject to the most recent version of the Conditions of Use posted on www.MyProtectedID.com. It is your responsibility to periodically consult these Conditions of Use whenever you intend to use www.MyProtectedID.com.com, its products, and services. If you do not agree to the Conditions of Use, do not use www.MyProtectedID.com, or any of the products and services.
MyProtectedID.com is a tradename owned by Proactive West Enterprises Inc.
A user of www.MyProtectedID.com and all services are hereinafter referred to as the “User” or “You”. The User is activating, purchasing, and/or registering MyProtectedID products is hereinafter defined as the “Customer”. The User who finds a registered and/or activated product and reports their find to MyProtectedID is defined as the “Finder”. The User attempting to make contact (message through the toll-free number or emailing MyProtectedID) with the Customer through the Response Center is defined as the “Caller”.
By Purchasing, registering or activating MyProtectedID products on our website or through our call center, the Customer acknowledges that they have read and agree with the Conditions of Use and our Privacy Notice. You should review both the Conditions of Use and the Privacy Notice carefully and make sure that you understand them before using the MyProtectedID.com website. If you do not agree to the Conditions of Use or the Privacy Notice, you may not subscribe for, nor use, the website or its Content.
- Ownership of Intellectual Property:
You acknowledge and agree that all Content and materials available on this website are protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by MyProtectedID, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download the materials or Content on this website on any single computer for your personal, non-commercial use, provided you comply with and abide by all copyright and other proprietary notices.
Proactive West Enterprises Inc is the owner of the trademarks and service marks (“Trademarks”) displayed on this site. Nothing on this site should be construed as a license for you to use the Trademarks. Your use of the Trademarks displayed on this site is strictly prohibited.
- Concerning MyProtectedID products and services:
By Purchasing, registering or activating MyProtectedID products on our website, over the phone, or in person, the Customer acknowledges and warrants that:
- The Customer is the legal owner of the registered item.
- The Customer is not a child and is of the age of majority in their province, state or territory of residence;
- The Customer’s mailing address, contact phone number and email address provided are indeed that of Customer and are valid;
- The Customer’s email address is valid and belongs to Customer, or, in the alternative, the Customer has permission to use the email address that has been provided;
- The Customer is the owner of the credit card or debit card used to purchase items on MyProtectedID’s website, or the Customer has the permission of the owner of the credit or debit card to purchase items on MyProtectedID’s site.
- Customer Messaging SAFE ID Number details:
If a Caller or Finder sends an email to response@MyProtectedID.com or phones our Response Center, the Customer agrees to allow MyProtectedID’s Response Center to forward the Caller or Finder information to the Customer.
MyProtected ID will only forward the information/message from the Caller, or Finder one way (meaning the information or message is forwarded to the Customer). We will not engage in any reply, or response back to the Caller’s message on behalf of the Customer. Any further communication by the Customer is at their sole discretion.
We have the right to cancel this service if the messaging is excessive, offensive, illegal, or for other reasons at our discretion.
- Service Length & Type:
MyProtectedID services (“Services”).
A Customer registers for a SAFE ID number using the website www.MyProtectedID.com. Before they can register, the customer reviews and accepts a Legal Disclaimer.
The Customer provides contact information including an email address, name, address and phone number where we can contact you. Note: We will not share your contact information with a Caller, or Finder, that is trying to contact or message you via your SAFE ID number
The Customer is advised to keep a copy of emails and any document generated by MyProtectedID, and to also print it and to keep it in a safe place.
In the event of a loss or theft of an item that has been identified with a MyProtectedID SAFE ID number, the Customer is required to report loss/theft to the police/authorities
MyProtectedID does not guarantee that they will locate or be successful in the recovery of a reported missing item.
MyProtectedID has no obligation or responsibility to provide service of any kind for a Customer who does not register their SAFE ID number or maintain a valid working email address, phone number, and street address.
We strongly encourage each Customer to make sure that all emails being sent ending with @MyProtectedID.com domain, are white listed (or labeled as safe senders) in the Customers’ email profiles, to ensure emails being sent to them from MyProtectedID are not automatically filtered into spam or junk folders. We also strongly encourage each Customer to enter secondary contact numbers and email address from my account at www.MyProtectedID.com.
Keeping your contact information up to date
You are responsible for updating your contact information with MyProtectedID at all times. If your email address is incorrect, MyProtectedID may not be able to contact you. To update your information, email info@MyProtectedID.com.
- Communication:
Occasionally, MyProtectedID may wish to contact you about its products or services.
- If you wish to receive marketing information at this time but change your mind later, you will have the option to have your name removed from mailing lists by clicking on the link in the email.
- You can unsubscribe by clicking on the link available in the information e-mails sent to you.
- MyProtectedID reserves the right to contact clients regarding any active recoveries and service updates including service level changes or upgrades.
- If you chose never to be contacted by MyProtectedID, you must email your request to info@MyProtectedID.com.
- All communication from MyProtectedID including but not limited to emails, texts, phone calls, website, social media pages, marketing materials, online orders, etc. will be in the English language.
- Communication between the Customer and Caller, or Finder:
In certain cases where the Customer and Finder, or Caller, agree to meet directly or agree on the shipping of an item, MyProtectedID will not facilitate the Customer and Finder, or Caller, to communicate directly together, to have the item returned. MyProtectedID is not responsible for any logistics or costs associated with the return of the item or the shipping costs related to the recovered item. At this point, MyProtectedID will not be held liable for any communication, security or theft related incidents. MyProtectedID strongly recommends providing as little information as possible to the Finder as we cannot guarantee if the information may be used for malicious purposes. When attempting to contact you as part of providing service, we will use the means of contact about your registration and the profile information you provided. Contacting you is on a best efforts only basis, and we are not liable for situations which arise because you did not receive notifications, whether it is due to acts or omissions on our part, acts or omissions of one or more third parties or your acts or omissions.
Whether you are a Caller, or Finder trying to communicate referencing the Customer, or a Customer trying to communicate with the Caller, or Finder via information provided by MyProtectedID, you do so completely at your own risk. Please exercise appropriate measures to protect your security, safety, and confidentiality at all times. MyProtectedID takes no responsibility when a Finder, Caller, or Customer interact with each other.
- Safety Reminders When Meeting Finder:
MyProtectedID strongly urges you to follow the guidelines indicated below, while personally connecting with the Caller or Finder of your lost item. Minors under the age of 18 should not meet with the Finder unless accompanies by a parent or guardian. Do not share any personal information such as your home phone number or home address with the Caller, or Finder. All meetings should occur during office hours and at a Police Department or Sheriff’s Office (the meeting should be within the lobby area). Alert the Police in advance of your situation.
Note: MyProtectedID accepts no responsibility for any loss, damage, injury or death resulting from or by virtue of any communication or contact between a Customer and a Finder, or Caller communicating with the Customer.
- Indemnification:
Upon a request by MyProtectedID, you agree to defend, indemnify, and hold harmless MyProtectedID/Proactive West Enterprises Inc., its officers, directors, contractors, agents, employees, and distributors of and from any and all liabilities, losses, claims, damages and expenses, including attorney’s fees, which arise from your use or misuse of this website. MyProtectedID reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MyProtectedID in asserting any available defenses.
You are responsible for maintaining the confidentiality of your SAFE ID number and account and are fully responsible for all activities that occur under your password, SAFE ID number, or account. You agree to:
- immediately notify MyProtectedID Inc. of any unauthorized use of your SAFE ID number, or account or any other breach of security,
- ensure that you exit from your account at the end of each session.
MyProtectedID cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that the technical processing and transmission of the Services, including Content that may relate to or identify you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MyProtectedID Inc. and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
- Disclaimer of Warranty and Exclusion of Liability:
MyProtectedID makes reasonable efforts to provide you with the most current and accurate information on www.MyProtectedID; however, we do not warrant that everything you see on www.MyProtectedID is error-free or complete. MyProtectedID/ Proactive West Enterprises Inc. will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or the use of the website www.MyProtectedID.
The Content and Services on this site are provided to you “AS IS”, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You expressly agree that your use of this site is at your own risk.
MyProtectedID/Proactive West Enterprises Inc. does not guarantee that any personal property bearing MyProtectedID’s labels or tags will be returned to the Customer or that, if any personal property is returned to the Customer that the personal property will be returned in the same condition it was in at the time the item was lost, misplaced or stolen.
A Customer agrees that MyProtectedID/ Proactive West Enterprises Inc. shall not be liable for any failure to recover any personal property of the Customer bearing MyProtectedID’s labels or tags or for any damage done to the Customer’s personal property. MyProtectedID/Proactive West Enterprises Inc. shall not be liable to a Customer for any damage of any kind whatsoever or however caused by a Finder or any other third party. MyProtectedID/Proactive West Enterprises Inc. shall not be deemed to be a bailee of any item of personal property if it comes into our physical possession, and shall have no duty of care to you in respect thereof.
MyProtectedID is not an insurance company and does not offer any insurance coverage for any losses, costs or expenses relating to any lost or recovered items.
MyProtectedID does not guarantee that any lost item will be found. MyProtectedID’s service is not a GPS system, bios or firmware enabled, RIFD, implanted chip, or electronic tracking or locating device of any kind.
Under no circumstances shall MyProtectedID/Proactive West Enterprises Inc. be liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss that result from the use of, or inability to use, this website, MyProtectedID, its products or services. This limitation of liability applies whether the alleged liability on the part of MyProtectedID/Proactive West Enterprises Inc. is based on contract, tort, negligence, strict liability, or any other legal basis, even if MyProtectedID/Proactive West Enterprises Inc. has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of MyProtectedID/Proactive West Enterprises Inc. in such jurisdictions shall be limited to the extent permitted by law.
Certain provinces and state laws do not allow limitations on implied warranties or the exclusion or limitations of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations of liability may not be applicable to you. Notwithstanding any provision herein to the contrary, in the event that you (whether you are a Customer, a User, an Owner or a Finder) make a claim against Proactive West Enterprises Inc., of any kind whatsoever or howsoever caused whether based in equity, in contract or in tort, it is agreed that the maximum liability of Proactive West Enterprises Inc. is limited to the amount of you have paid to purchase, register or activate MyProtectedID products.
- Links:
This website may be linked to, or have included within, other websites on the Internet. MyProtectedID has not reviewed any or all of the sites linked to www.MyProtectedID.com and is not responsible for any links to this site or their content. Your linking to any sites from this site is at your own risk. By linking to a site or permitting a link to this site, MyProtectedID does not endorse the site operator or the content of the linked site.
- Monitoring the Website:
The Customer acknowledges and agrees that MyProtectedID has the right to monitor www.MyProtectedID.com, its website related services, and to disclose any information necessary to operate www.MyProtectedID.com to protect itself and to comply with legal obligations or governmental requests. MyProtectedID also reserves the right to prohibit any user from using the website and related services which, as determined by MyProtectedID in its sole discretion, violates these Conditions of Use. Such prohibition may occur with or without notice to the User.
- International Use:
MyProtectedID makes no representation that Content and materials on this site are appropriate or available for use in locations outside of North America. Accessing Content and materials from territories where said Content and materials are illegal is prohibited. Those who choose to access this site from other locations do so of their own volition and are responsible for compliance with local laws.
- Termination:
MyProtectedID reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
- Choice of Law:
You agree that any dispute with MyProtectedID regarding your use of this website is governed by and will be construed in accordance with the laws in force in the Province of British Columbia and you also agree that the courts of the Province of British Columbia shall have exclusive jurisdiction with respect to any matter arising out of or in connection with this agreement or your use of this website and any Court action must be instituted in the city of Nanaimo, British Columbia.
Use of this web site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement between you and MyProtectedID.
Furthermore, in the unfortunate event of any claim or dispute arising out of or in connection with this website and/or these terms and conditions and/or any contract between you and MyProtectedID, you agree to engage in good faith with us in a process of mediation before commencing any litigation. Any such mediation will take place in Nanaimo, British Columbia.
- Severed Provisions and Entire Agreement:
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.
This Agreement, and the Privacy Notice, set forth the entire agreement and understanding between MyProtectedID and the User, the Finder, the Caller, and the Customer regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.
If we decide to change or update our Conditions of Use, we will post those changes here. Please refer to this page continually.
