TERMS AND CONDITIONS
Effective Date: 11/22/2021
THESE ARE THE TERMS OF OUR AGREEMENT WITH EACH OTHER. ALL OF IT IS IMPORTANT SO TAKE A FEW MINUTES TO READ IT CAREFULLY. BY ENROLLING AND USING CSID’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER AT SECTION 11 BELOW. YOU SHOULD READ THAT PROVISION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS AND CONDITIONS YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” TO CSIDENTITY CORPORATION (D/B/A IDNOTIFY), AND ITS SERVICE PROVIDER, CONSUMERINFO.COM, INC. (A/K/A EXPERIAN CONSUMER SERVICES), AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, THIRD PARTY DATA PROVIDERS, AND ALL OTHER CREDIT REPORTING AGENCIES UNDER THE FAIR CREDIT REPORTING ACT (FCRA), AS AMENDED, INCLUDING, WITHOUT LIMITATION, EXPERIAN, TRANSUNION, EQUIFAX AND AFFILIATED ENTITIES, TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE INFORMATION ABOUT YOU WITH EACH SUCH NATIONAL CREDIT REPORTING AGENCY IN ORDER TO VERIFY YOUR IDENTITY AND TO PROVIDE THE SERVICES TO YOU.
For the avoidance of doubt, this Agreement expressly applies to: (a) your access to and use of the Websites; (b) any and all transactions between you and IDnotify through the Websites, including for the provision of any Services or of any credit, personal, financial or other information delivered as part of or in conjunction with Services; and (c) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Websites.
You may not use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with IDnotify. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind. Before you continue, you should print or save a local copy of this Agreement for your records
You must have an email address and provide the same to IDnotify, and have a Java-compatible browser to receive and/or access your Services online via a mobile application, if applicable. As an online (or mobile application) customer, you are agreeing to receive all notifications via email at the email address on file with IDnotify. You are obligated to update the email address on file when your email address changes. In the event that IDnotify is unable to deliver email messages to you, you agree to accept Service notifications in an alternative method, such as direct mail or SMS messages, if available in your Service. If available in your Service, we strongly encourage you to select SMS messaging as an alternative method of receiving notifications and alerts. You may select this method by accessing your member homepage online and changing your Alert Settings. Please note, mobile messaging rates may apply.
The Services may offer features and services that are available to you via our mobile applications or mobile websites, if applicable. Standard messaging, data and other fees may be charged by your carrier. By using the mobile features, you agree to be bound by the terms of this Agreement and further agree that we may bill your carrier (if applicable) for any Services you authorize. You may also purchase services via mobile applications of third parties. Any third party mobile application purchases shall be governed by the purchase terms and conditions of the third party from which you are purchasing services. You also agree that we may send communications to your mobile device and collect information from your device.
In the event that you fail to or otherwise do not update your email address on file with IDnotify, and thus IDnotify is unable to deliver email messages to you, you nonetheless understand and agree that any paid Service will be fulfilled at the price agreed upon at the time that you placed your order or enrolled in the Service.
3. PRIVACY AND INFORMATION SHARING
In consideration of your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or requested to do so by IDnotify. If any information you provide is untrue, inaccurate or not current, or if IDnotify has reasonable grounds to suspect that such information is untrue, inaccurate or not current, IDnotify, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. IDnotify may, in its sole discretion, retain any information you provide to it about yourself or any minor child you are enrolling, when enrolling in any Service (including any applicable credit card or payment information or other information obtained in connection with the provision of any Service) to assess the validity and accuracy of such information and to verify your or your minor childrens’ identity. If IDnotify does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time.
4. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
2.OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER IDNOTIFY NOR ITS AFFILIATES OR ANY THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, IDNOTIFY AND ITS AFFILIATES AND OUR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO, AND USE OF, OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND/OR CONTENT ARE AT YOUR OWN RISK. BY USING OUR SERVICES AND OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER IDNOTIFY NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
3.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4.We are not a credit repair organization, or similarly regulated organization under other applicable laws, and do not provide credit repair advice. In this regard, IDnotify is not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Service and Websites (or any content in the Websites) in order to do so. Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of your credit score monitoring product but is provided free of charge to all consumers, regardless of whether they are members of the credit score monitoring product.
5.Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
6.If you use the SSN Trace services, you represent and warrant to us that you will use such services (or any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.
5. LIMITATION OF LIABILITY
1.SUBJECT TO SECTION 4 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES AND AFFILIATES, AND OUR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR:
1.ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
2.ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
1.ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES OR SITE;
2.ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
3.THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
4.YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
5.YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
3.THE LIMITATIONS ON OUR LIABILITY TO YOU IN SECTION 4 ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
6. PAYMENT AND BILLING
In the event that we bill you directly (that is, you are not billed by one of our third party service providers), you agree that you will make any required payments to us on a timely basis on a monthly or annual basis (as determined by you when you enroll). You authorize us to bill your credit card or other account that you have designated, unless you tell us in advance to cancel your order. In the case of direct payment, you authorize us to: (1) charge your credit card, (2) automatically charge your credit card on a monthly or annual basis for your recurring monthly or annual renewals, as the case may be, and (3) obtain automatic updates for any expiring credit cards you have provided IDnotify. Monthly or annual fees and renewal fees will be billed at the rate agreed to upon purchase. At cancellation, your IDnotify account will be de-activated and you will no longer be able to log into our Site and/or have any access to the Services. Except in the case of annual subscription commitments you have agreed to, which shall be nonrefundable, as permitted by law, if you cancel, you agree that fees for the first month of Service and any start-up costs associated with setting up your account (“Start-up Costs”) shall be nonrefundable, as permitted by law. With the exception of any subscription commitments agreed by you, if you paid fees in advance for any period longer than one month, then you may, with the exception of fees for the first month of Service and any Start-up Costs, obtain a refund on a pro rata basis for the period remaining after you cancel.
7. UNSOLICITED IDEA SUBMISSION POLICY
When you provide us with comments, suggestions, or ideas (collectively, “Feedback”), such Feedback is not considered confidential and becomes the property of IDnotify. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.
8. INTERNATIONAL USE
Because you can access this Site and use the Services internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the United States or the country of your residence.
Unless otherwise specified, the Services made available through the Websites are intended for use by U.S. consumers only. We control and operate the Services from the U.S. and we make no representations or warranties that the information, products or services provided through the Services or the Websites are appropriate for access or use in other jurisdictions. Notwithstanding the above, we reserve the right to limit the availability of the Services or the provision of any Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
9. FAIR CREDIT REPORTING ACT
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) 322-8228 or by using the mail request form available at the central source Website.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
·You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
·You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
·You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
·You certify in writing that you are a recipient of public welfare assistance.
·You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. For Illinois residents, credit reporting agencies are required by law to give you a copy of your credit record upon request at no charge or for a nominal fee. Otherwise, a consumer credit reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM ANY OF THE CREDIT BUREAUS IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact such entities as follows:
Experian: 1-800-EXPERIAN (1-888-397-3742)
10. APPLICABLE LAW
We perform the Services through our corporate headquarters located in the State of Texas. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Texas, regardless of Texas conflict of laws. Subject to Section 11 below (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Travis County, Texas for any dispute or litigation arising out of, relating to, or the use or purchase of Services from IDnotify.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CALLING IDNOTIFY’S CUSTOMER SERVICE DEPARTMENT AT 1-855-962-6943. IN THE UNLIKELY EVENT THAT IDNOTIFY’S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION (OR IF IDNOTIFY HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IDNOTIFY WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND IDNOTIFY WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) IDnotify and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to “IDnotify,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and IDnotify are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
You may obtain more information about arbitration from www.adr.org.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless IDnotify and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, IDnotify will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse IDnotify for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
YOU AND IDNOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and IDnotify agree otherwise, 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 to the maximum extent permitted by law. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If the entirety of this specific subparagraph is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of the subparagraph enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
Notwithstanding any provision in this Agreement to the contrary, we agree that if IDnotify makes any change to this arbitration provision during your membership in any Service, including credit monitoring, or subsequent to your purchase of any Service, you may reject any such change and require IDnotify to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service.
13. YOUR PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
14. TERMINATION OF RELATIONSHIP
2.If you want to terminate your legal agreement with us, you may do so, with or without cause, by (a) notifying us at any time and (b) closing your accounts for all of the Services which you use, where we have made this option available to you. Please contact us to close your account.
3.We may at any time terminate our legal agreement with you with or without cause (and for any or no reason). We may also terminate our legal agreement with you if, among other reasons:
2.we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
3.the provision of the Services to you by us is, in our opinion, no longer commercially viable.
4.If we terminate your Service without cause, IDnotify will refund to you a pro rata portion of any fees already paid directly to IDnotify for the Services that have yet to be provided. If this Agreement has not been terminated, it shall continue indefinitely, and you shall pay the corresponding fees for the Services. When this Agreement terminates, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time while the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this termination and/or cessation, and the provisions of Sections 4, 5, 6 and 10-15, inclusive, shall continue to apply to such rights, obligations and liabilities indefinitely.
15. IDnotify PASSWORD MANAGER, IDnotify SAFE BROWSER, and IDnotify SECURE VPN
(Applicable only if IDnotify Password Manager, IDnotify Safe Browser, and/or IDnotify Secure VPN, is available in your Service)
1.The IDnotify Password Manager is a digital identity management service that gives you the ability to save your passwords, credentials, frequently visited websites and favorite websites by storing all passwords, notes and form-filling data. Your passwords will be encrypted on your device using a master password that only you know. You only need to remember this master password to open your IDnotify Password Manager and decrypt your encrypted passwords on your device. After being encrypted on your device your passwords will be sent to IDnotify in an encrypted format through a secure connection for storage in order to enable synchronization with your other devices. IDnotify never stores your master password on any server so your passwords cannot be retrieved by anyone but you.
2.If you decide to use the Services, you will have access to the following features: When the IDnotify Password Manager is open it will automatically detect passwords while you browse and give you the option to encrypt and save them to your IDnotify Password Manager Vault. You can decide to turn off this feature at any time in the settings section of the IDnotify Password Manager. When the IDnotify Password Manager is open it will prompt you with an auto-fill option on the web pages you are visiting. If you choose to, you can select the recommended username and password of the online accounts you have stored in IDnotify Password Manager for that web page and will automatically log you in. IDnotify also allows you to store credit card numbers and bank account numbers in the Password Manager Vault. The entries will be encrypted with your master password and only accessible by you.
3.By downloading the IDnotify Password Manager, IDnotify Safe Browser, and/or IDnotify Secure VPN, you understand and expressly agree that the IDnotify Password Manager, IDnotify Safe Browser, and/or IDnotify Secure VPN, logo (box) will be installed and will appear on your browser or your mobile operating system in order to quickly access the IDnotify Password Manager, IDnotify Safe Browser, and/or IDnotify Secure VPN.
4. You may not use the Services in a way that:
a)Sublicenses an API for use by a third party.
b)Violates any international, federal, state, or local law, treaty, tariff, rule or regulation, or any order of a court.
c)Violates the privacy of others.
d)Engages in any other activities that: (1) are tortious, libelous, defamatory, or otherwise determined by Anonyome as objectionable; (2) deceive, mislead, or confuse your users, including, without limitation, phishing, or pharming; (3) originate chain letters, pyramid schemes or hoaxes; (4) harm or exploit minors in any way; (5) stalk, or promote discrimination, hatred, harassment, or harm against any individual or group; or (6) are abusive, violent, or threatening.
e)Violates the legal rights of others, including the United States Digital Millennium Copyright Act (“DCMA”), any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
f)Violates the acceptable use properties of any networks, machines or services that are accessed through the Services.
g)Involves deceptive marketing practices including, without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes.
h)Attempts to bypass or break security mechanisms that pose a risk to the Services or other users of the Services
i)Attempts to bypass service limits, such as bandwidth consumed, number of API requests, configured users in the Services or other excessive use of resources.
j)Sharing or re-selling your entitlements to use the Services with other users.
k)Attempts to decompile, disassemble or reverse-engineer the services to find source code, trade secrets, limitations, vulnerabilities, or evade filtering capabilities.
l)Unauthorized use or sabotage of any computers, machines, or networks.
m)Transmits any material that contains viruses, trojan horses, worms, or any other malicious, harmful, or deleterious programs.
n)Scanning the networks of the Services or other networks for vulnerabilities without written prior authorization.
o)Executing any form of network monitoring (e.g., using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for you without authorization;
p)Involves launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
q)Attempting to interfere with or denying service to any user or host.
r)Otherwise provides information about, encourages, facilitates, or assists any third party in doing any of the foregoing activities.
5.The following general activities are expressly prohibited when using the VPN product:
a)”Phishing,” that is, simulating communications from and/or the website or other service of another entity to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service.
b)”Pharming,” that is, using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service.
c)Furnishing false or incorrect data on the signup form.
d)Falsifying header information or user identification information.
e)Sending unsolicited (“opt-out”) bulk email. Users sending bulk email using the Services may only engage in such activity using “closed-loop opt-in” lists. Such users who send bulk email through “closed-loop opt-in” lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email.
f)Collecting responses from mass unsolicited email messages.
g)Deliberately sending excessively large attachments to one email recipient.
h)Transmitting unsolicited commercial email messages.
i)Maintaining an open mail relay and/or an open proxy.
j)Collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose.
k)Using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment.
l)Using email to disrupt (e.g., mail bombing, “flashing,” etc.).
m)Originating email with falsified or obscured information (e.g., encoded or obfuscated URLs) designed to hinder identification of the location of what is advertised.
n)Originating chain letters, pyramid schemes, and hoaxes.
o)Using another party’s email server to relay email without express permission from such other party.
6. The following activities in connection with any email transmitted or received via the VPN product are prohibited:
a)Using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment.
b)Using email to disrupt (e.g., mail bombing, “flashing,” etc.).
c)Originating email with falsified header information.
d)Originating email with falsified or obscured information (e.g., encoded or “obfuscated URLs”) designed to hinder identification of the location of what is advertised.
e)Originating chain letters, pyramid schemes, and hoaxes.
f)Using another party’s email server to relay email without express permission from such other party.
g)Using the VPN Product to collect replies to messages sent from another provider that violate these rules or those of the other provider.
h)Using the VPN product services in connection with or in support of the running of a mail server without a license to run such a server in any jurisdiction where such license is required.
16. IDnotify Medical Identity Alerts
(Applicable only if IDnotify Medical Identity Alerts is available in your Service)
1. The Service is designed to provide a platform that enables you to collect and share your personal health data.
3. Customers: The Service also permits end users to interact with developers that create means of displaying data which end users authorize to share via the Service (“Developers”) and to organizational customers of us and Human API (“Organizational Customers”). For purposes hereof, “Customers” means Developers and Organizational Customers. If you elect to enable the sharing of data from our Customers, we are not responsible for such data. You acknowledge that Customers, and not us, are solely responsible for all information and/or other materials, in whatever form, made available by Customers to end users via the Service. We also provide certain services to Customers that collect one or more data streams on behalf of their employees, members or customers who are end users of the Service.
2.We are not responsible for delay or failure to perform due to causes beyond our reasonable control.
4.You may not use, frame or utilize framing techniques to enclose any IDnotify trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without IDnotify’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of IDnotify or any third party.
5.The Site contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by IDnotify and its subsidiaries, including but not limited to, the marks “IDnotify,” “CSID,” “CyberAgent,” “Protector,” and others. IDnotify and the IDnotify product names referenced in the Site are either trademarks, service marks or registered trademarks of IDnotify or IDnotify’s third party service providers. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by IDnotify. No use of any IDnotify trademark may be made by any third party without express written consent of IDnotify. Other products and company names mentioned in the Site may be the trademarks of their respective owners.
6.No part of IDnotify’s Web Site may be reproduced, modified, or distributed in any form or manner without the prior written permission of IDnotify.
7.The images, text, screens, web pages, materials, data, content and other information (“Content”) used and displayed on the Site are the property of IDnotify or its third party service providers or suppliers and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Content within the Site, IDnotify owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Web Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of IDnotify or the owner of the Content.
8.Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and update your information.