12.1 Notices You may give notice to ID123 at any time by letter delivered by registered mail with return receipt to: Identidee, LLC, 397 Moody St. STE 202 Waltham MA 02453. If you have any questions about these Terms, please contact us at help@ID123.io.
12.2 Choice of Law: These Terms and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Service will be brought solely in the federal or state courts located in Boston, MA., United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum
12.3 Arbitration and Equitable Relief: The parties agree that any dispute or claim arising out of or relating to any interpretation, construction, performance or breach of these Terms, will be settled by expedited arbitration to be held in the Commonwealth of Massachusetts in accordance with the rules of the American Arbitration Association then in effect. Each of the parties will separately pay its counsel fees and expenses. The prevailing party as determined by the arbitrator will be entitled to costs and fees associated with the action.
12.4 Independent Entities: The parties are independent entities. Neither party will be deemed to be an employee, agent, partner nor legal representative of the other for any purpose, and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other.
12.5 Severability: The failure of ID123 to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
12.7 Survival: The respective rights and obligations under all sections of this Agreement that by their nature should survive termination will survive termination including, without limitation, ownership, warranty disclaimers and limitations of liability.