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Below you will find the Identity Guard® Web Site Terms of Use for using the Identity Guard® site and our Service Terms of Use. You can also review our Privacy Policy, which provides information regarding our handling of any personal information that you may provide to us.
These web site Terms of Use ("Terms of Use") apply to the web sites operated and controlled by Intersections Inc. (either "we," "us" or "Intersections"), including www.identityguard.com, www.intersections.com, www.creditreport123.com, and www.idguardian.com (the "Sites"). These Terms of Use set forth legally binding terms that govern and restrict your use of the Sites.
YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE AND/OR REGISTER WITH THE SITES.
You understand and agree that the Sites are semi-public and provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, the accuracy of any opinion or information contained on the Sites, or the availability and reliability of any other software offered by us. The opinions expressed on the Sites are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the Sites with or without notice at any time and without any liability to you.
The Sites contain copyrighted material, trademarks and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video and graphics ("Content"). This Content is subject to copyrights owned by Intersections and other individuals or entities and is protected by United States and international copyright laws. To make a complaint about a copyright violation on the Sites, click here.
Additionally, the names, trademarks, service marks, and logos of Intersections belong exclusively to Intersections and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on these Sites confers on you any license or right under any patent or trademark of Intersections or any third party.
You may use the Sites and the Content offered on the Sites only for INTERNAL OR PERSONAL purposes. Intersections authorizes you to view or download a single copy of the material on the Sites solely for your internal or personal use so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content. You may not use the Sites to sell a product or service; however, you may use them to obtain information about potentially engaging in business with us. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Sites or any portion of such Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws.
If you violate these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Certain contributors on the Sites are compensated to provide content on topics of interest to the Sites’ users. Contributions that contain endorsements of Intersections products or services and are made by individuals with material connections to Intersections will be identified as such. While such contributors may receive compensation, the content is editorial and based on their opinions, findings, beliefs, or experiences on those topics, services, or products.
The views and opinions expressed within Intersections blogs belong purely to the authors. Any product, claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
Certain places within the Sites, such as forums, blog pages or other public areas, may allow users to post comments or communications that are publicly accessible and non-confidential. The content and communications posted within these areas is largely controlled by our users. Intersections, or the party hosting such a public area, has no control over such content and cannot guarantee the accuracy or reliability of any such content or communications. Thus, the responsibility for what is posted on these pages of the Sites lies with each user — you alone are responsible for material you post.
Neither Intersections nor any third party host of such a public area claims ownership of any of the information or material that you transmit, distribute, post, communicate, or store on, to, or through the Sites. Therefore, by submitting any such material or communication to the Sites, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the Sites and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any part the Sites, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law.
By submitting communications or content to a public area of the Sites, you agree that such submission is non-confidential for all purposes. You agree to allow Intersections and all other persons or organizations involved in the operation of the Sites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Sites. Intersections and/or one of its agents or partners reserves the right, but shall have no obligation, to investigate the Sites or your use of the Sites in order to (a) determine whether a violation of these Terms of Use has occurred, (b) comply with any applicable law, regulation, legal process or governmental request, or to (c) remove any postings, profiles, and to terminate your ability to post to the service at any time without notice, in its sole discretion. Intersections also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials in whole or in part.
Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws.
If you make any submission to or communications on the Sites, you automatically grant, or warrant that the owner of such content has expressly granted Intersections, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Intersections may sublicense its rights through multiple tiers of sublicenses.
Intersections does not control the content or communications of any of the public areas on the Sites. However, Intersections does have the right, but not the obligation, to monitor public areas to ensure the content and communications in such areas are within the spirit of the purpose of the Sites and do not otherwise violate these Terms of Use. Specifically, the following actions will constitute a material breach of these Terms of Use:
Users who violate these provisions shall be liable for any claim, action, damage or harm caused to Intersections, the user and any other injured party. Furthermore, Intersections may terminate the account of any person who violates these Terms of Use and the rules provided above. Alternatively, we shall have the right in our sole discretion to edit or remove any material submitted to the Sites for any reason, including material that we, in our sole discretion, find to be in violation of the provisions hereof, or otherwise objectionable or stale.
Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct within the Sites or any communication or posting on the Sites.
BY DOWNLOADING, USING, OR SUBSCRIBING TO AN RSS FEED OR COMMENT FEED ("FEEDS") FROM THE SITES, YOU AGREE THAT YOUR USE OF THE FEEDS WILL BE GOVERNED BY THESE TERMS OF USE. PLEASE REVIEW THIS SECTION BEFORE USING, DOWNLOADING, OR SUBSCRIBING TO A FEED.
Intersections grants you a non-transferable, non-sublicensable, royalty free non-exclusive license to display on your web site or in your newsreader platform the headlines, active links, and other information or materials that you specifically select to receive via the Feeds. The Feeds are protected by U.S. and international copyright laws. All rights in and to these Feeds, including the content and technology, are reserved to Intersections Inc.
The Feeds may be used only with those platforms and newsreaders from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on one of the Sites. You understand and agree that the Feeds that are provided may include footers to assure proper attribution for the content.
By using the Feeds, you agree not to:
By using the Feeds, you also agree not to use the Feeds on the following categories of web sites:
We may restrict, suspend, or terminate the Feeds, the license granted above, or your access to the Feeds at any time for any reason including, without limitation, your violation of any provision of these Terms of Use without liability. You agree to destroy all copies of the Feeds (including removing all content supplied by the Feeds from any web site) upon receiving notice of termination from us.
In the event that any of the terms of these Terms of Use have been breached or any rule stated above violated, Intersections reserves the right (but is not obligated) to do any or all of the following:
Intersections reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.
THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." INTERSECTIONS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. INTERSECTIONS DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INTERSECTIONS OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of Intersections, its partners, advertisers, and sponsors. Accordingly, Intersections assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites. WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, INTERSECTIONS DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL INTERSECTIONS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
In no event shall Intersections, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not Intersections is advised of the possibility of such damages. Intersections is not liable for any personal injury, including death, caused by your use or misuse of the Sites or Content, or public areas.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INTERSECTIONS IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY INTERSECTIONS. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
By using the Sites you agree to indemnify and hold Intersections, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Sites.
Registration as a user or subscriber with the Sites may requires both a user name and a password, and certain portions of the Sites may require use of multiple one time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Sites and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.
We collect personal information on the Sites, which is subject to the terms of our privacy statement.
The sites are not intended for use by persons under the age of 18. By submitting information to the Sites, you warrant that you are at least 18 years old or older.
The Sites may contain links to third party web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement.
Please provide the following information to our Copyright Agent:
These Terms of Use are governed by the laws of the Commonwealth of Virginia, USA, exclusive of its choice of law principles. ANY CLAIM, ACTION OR DISPUTE ARISING OUT OF OR RELATING TO THE SITES OR OTHERWISE BETWEEN YOU AND US SHALL BE SETTLED BY BINDING ARBITRATION IN WASHINGTON, D.C., IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. NEITHER YOU NOR WE MAY CONSOLIDATE OR JOIN ANY CLAIM OR ACTION IN ARBITRATION WITH ANY OTHER CLAIM OR ACTION OR ACT AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR PRIVATE ATTORNEY GENERAL. JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED IN ANY FEDERAL OR STATE COURT HAVING JURISDICTION. THIS ARBITRATION PROVISION AND THESE TERMS OF USE ARE GOVERNED BY THE FEDERAL ARBITRATION ACT.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
We shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 1, 2, 3, 5, 9, 10, 11, 16 and 17 shall survive termination of this agreement.
Your Rights Concerning Your Consumer Credit File: You have a right to obtain a free copy of your credit report once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual credit report, you may go to www.annualcreditreport.com, or call 1-877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your credit report from a credit bureau, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
The Federal Trade Commission regulates credit bureaus and credit monitoring services. For more information contact:
Federal Trade Commission
Washington, D.C. 20580
1-877- FTC-HELP
www.ftc.gov
NOTICE TO ILLINOIS RESIDENTS: MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT NOMINAL COST FROM GOVERNMENT AGENCIES. 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.
The states of MA, VT, CO, NJ, MD and ME permit consumers to obtain one credit report per credit reporting agency per year, free of charge. The state of GA permits consumers to obtain two credit reports per credit reporting agency per year, free of charge.
This service(s) offered on the Sites are not intended to substitute for any free credit report or disclosure that any credit reporting agency or bureau is required by law to provide to you.
Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your credit report is inaccurate you have the right to dispute it by contacting the credit bureau directly. You may not use the Sites to obtain information about or make decisions about anyone but yourself. We do not provide our products or services, or any information on our Sites, or any advice or assistance, for the purpose of improving your credit report, credit history or credit score.
Effective Date: April 7, 2009
Last Updated: March 1, 2013
THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND INTERSECTIONS INC. REGARDING YOUR IDENTITY GUARD® SERVICE. BY SUBMITTING YOUR ORDER, ACCESSING OR USING THE SERVICE, OR DOWNLOADING ANY SOFTWARE PROVIDED AS PART OF THE SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.
Defined Terms. As used in these Terms, the following words shall have the following meanings. "Intersections Inc." includes "Intersections", "we", "us" and variations such as "our". "Service" includes the products, services and software that you order, receive or access as part of the IDENTITY GUARD® service.
Use of the Service. You may not use the Service unless you are 18 years of age or older. Any information you provide to us must be true, accurate, current, and complete. You shall not use the Service for any illegal purpose, and you shall abide by all applicable local, state, national, and international laws and regulations. The Service is for your personal use only, and not for commercial purposes. You may not use the Service to obtain information about or make decisions about anyone but yourself. You are solely responsible for any reliance by you on the Service or other use you make of the Service. We do not provide the Service, or any advice or assistance, for the purpose of improving your credit report, credit history or credit rating.
Personal Information Authorization. As needed to provide the Service to you, you authorize and instruct us to obtain, monitor and compile your (a) credit information from one or more credit reporting agency(-ies), and (b) "non-public personal information", "personal information," and "highly restricted personal information" about you as defined by the Gramm-Leach-Bliley Act (15 U.S.C. §6801 et seq.) and Drivers Privacy Protection Act (18 U.S.C. § 2721 et seq.), respectively, and other personal information.
Limited Software License. In addition to all other provisions in these Terms, the following provisions apply specifically to the software used, accessed or delivered as part of the PRIVACYPROTECT®software ( the "Software"): Conditioned on your continued compliance with these Terms and your purchase of a version of the Service that includes the Software, these Terms provide you with a revocable, limited, non-exclusive, nontransferable license to use the Software solely as part of the Service. Any rights granted hereby may not be sublicensed, leased, sold, transferred or assigned by you to any third party. You may not make any copy of, or allow access to, the Software other than as expressly permitted in these Terms below. The PRIVACYPROTECT®software may be installed on no more than one computer. You may use the Software on a network only if you have a valid license for each copy on each computer on the network. You may not make any copies of that Software or allow anyone or any other device or instrumentality to access or use that Software. You may not use a previous version or copy of the Software after you have received an upgraded version as a replacement of the prior version. Upon upgrading the Software, all copies of the prior version must be destroyed.
Card Registry Services. This paragraph applies to any card registry services that are included in the Service: By reporting a lost or stolen event to us, you authorize us to contact the issuers of each credit card and bank card (each a "Card") designated by you and cancel the Card, report the lost or stolen event, or request a new Card, as you request. At the time of the lost or stolen event, we may require you to confirm or restate the foregoing authorization. We or the Card issuer may require additional evidence of the lost or stolen event, including without limitation written confirmation by you or a police report. By requesting an emergency cash advance, you authorize us to contact the Card issuer designated by you and arrange for the cash advance you request. At the time of the lost or stolen event, we may require you to confirm or restate the foregoing authorization. Your request for a cash advance may be denied if you are less than 100 miles from home, fail to provide the requested verification of the event, which may include a police report, are unable to provide the security and other required information, or do not satisfy the conditions of the Card issuer. We are only able to take the actions permitted and processed by your Card issuer. Intersections is not responsible for any failure by any Card issuer to take the action requested on your behalf, or any other action taken or condition imposed by your Card issuer.
Credit Scores. Any credit score provided as part of the Service is provided by CreditXpert products. The information used by CreditXpert products is derived from one or more credit reports produced by the major credit reporting agencies, also called credit bureaus. The information contained in credit reports reflects the latest information provided to and recorded by the credit bureaus. Recent activity, such as making a payment, opening a new account or authorizing a credit inquiry, may not yet be reflected in the person’s credit reports. If not, this activity will not be reflected in any CreditXpert products. In addition, results may change every time new information is added to or removed from credit reports, as well as with the passage of time. CreditXpert products are only as accurate as the information upon which they are based. CreditXpert Inc. is not responsible for incorrect, missing or outdated information in credit reports, which may lead to inaccurate results. Users should carefully review all of the information in credit reports to make sure it is accurate and up-to-date. Note that CreditXpert Inc. does not provide financial or other advice, and is not a credit counseling or credit repair organization. CreditXpert Credit Scores™ are provided to help users better understand how lenders evaluate consumer credit reports. Lenders may use a different score to evaluate a person’s creditworthiness. Therefore, nothing in CreditXpert products is an endorsement or a determination of a person’s qualification for a loan, a change in loan terms or any other extension of credit by lenders. Each lender has specific underwriting standards, so a person should not assume that he or she will receive the same evaluation, credit terms or conditions from each lender. Also, CreditXpert Inc. is not connected in any way to Fair Isaac Corporation; the CreditXpert Credit Score is not a so-called FICO® score. CreditXpert Inc. does not represent that CreditXpert Credit Scores are identical or similar to any specific credit scores produced by any other company. Moreover, score changes predicted by CreditXpert products are only estimates. CreditXpert Inc. does not guarantee that credit scores from any other company will change by the same number of points, if at all. Also, CreditXpert Inc. does not represent that potential problems found by its software in credit reports are real, or that correcting such items will result in changes to credit scores. Furthermore, CreditXpert Inc. provides information to help consumers make their own decisions; it does not advise anyone to dispute any item in his or her credit report. Moreover, CreditXpert products do not change any information in any credit report, nor do they initiate any disputes on anyone’s behalf. THE FOREGOING INFORMATION IS NOT INTENDED TO PROVIDE OR IMPLY WARRANTIES OF ANY KIND. CREDITXPERT PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND CREDITXPERT INC. AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, NON-INTERFERENCE AND/OR ACCURACY OF INFORMATIONAL CONTENT
Minor Monitoring. If your version of the Service includes monitoring for evidence of identity theft of a minor through either the KID SURE service or IDENTITY GUARD® for Kids, in addition to all other provisions in these Terms, the following provisions apply specifically to these services ("Minor Monitoring"). By enrolling a child in Minor Monitoring, You represent and affirm that (a) you are the custodial parent or legal guardian of each child you register for minor monitoring, (b) any documentation that you provide asserting the same is valid, (c) each child that you register for Minor Monitoring legally resides at your address of record, and (d) that as required, you are able and willing to provide a copy of (i) your valid driver’s license, (ii) your child’s social security card, (iii) your child’s birth certificate, and (iv) any other documentation required to verify proof of legal guardianship. You may not enroll more than fifteen children in Minor Monitoring. You agree to notify us in the event that the status of your legal guardianship changes; we reserve the right to cancel each child upon such status change. You must remain an active member in a qualified Service that includes the Minor Monitoring service feature in order to continue to receive the Minor Monitoring service. Enrollment of any child in Minor Monitoring will be cancelled upon any child becoming 18 years old.
Your Account. Registration as a user or subscriber with the Service requires both a user name and a password, and certain portions of the Service may require use of multiple one-time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of this Service and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.
Fees and Charges. You authorize us to charge your credit card or other account that you have designated. Monthly, annual and other periodic or renewal fees will be charged at the then current rate. You may cancel the Service at any time by calling 1-800-452-2541. You have the right to cancel your subscription without fee or penalty at any time.
Changes to Service, Fees or Terms; Termination. At any time without notice to you, or liability to you, we may prospectively modify these Terms, or the fees for the Service, or modify or cancel the Service. We reserve the right to terminate your account with or without cause at any time and for any reason. You agree that any termination of your access to the Service may be effected without prior notice. You may terminate your account at any time by calling 1-800-452-2541, which number is also listed on the Intersections Inc. customer service page at www.identityguard.com/contact-us. Once your account has been terminated for any reason, you will have no further right or access to use the Service, and you immediately shall cease using and destroy all copies of any Software.
Privacy Policy. In connection with your enrollment and registration for the Service, or use of the Service, you will be submitting your personal information to us, or allowing us to access your personal information, including account passwords, user names, financial account information and other personal information, as well as other data, materials and content you submit ("Your Information"). BY SUBMITTING YOUR ORDER, ACCESSING OR USING THE SERVICE, OR DOWNLOADING ANY SOFTWARE PROVIDED AS PART OF THE SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ OUR PRIVACY POLICY AND AGREE TO BE BOUND BY IT. Subject to our Privacy Policy, you agree that we may use, copy, modify, display and distribute Your Information as we see fit to provide the Service. You represent that you have the right to give us Your Information and authorize its use as described above.
Electronic Notices and Communications. THE SERVICE IS AN ELECTRONIC, INTERNET-BASED SERVICE. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL BE ENTERED INTO ELECTRONICALLY, AND THAT THE FOLLOWING CATEGORIES OF INFORMATION ("COMMUNICATIONS") MAY BE PROVIDED BY ELECTRONIC MEANS: THIS AGREEMENT AND ANY AMENDMENTS, MODIFICATIONS OR SUPPLEMENTS TO IT; ANY INITIAL, PERIODIC OR OTHER DISCLOSURES OR NOTICES PROVIDED IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION OUR PRIVACY POLICY, THE REGULATORY DISCLOSURES SET FORTH BELOW, AND ANY OTHER COMMUNICATIONS REQUIRED BY FEDERAL OR STATE LAW; AND ANY OTHER COMMUNICATION RELATED TO THE SERVICE. COMMUNICATIONS MAY BE POSTED ON THE PAGES OF THE SERVICE WEBSITE AND/OR DELIVERED TO THE EMAIL OR POSTAL MAIL ADDRESS YOU PROVIDE. YOU SHOULD PRINT A PAPER COPY OF THIS AGREEMENT AND ANY ELECTRONIC COMMUNICATION THAT IS IMPORTANT TO YOU AND RETAIN THE COPY FOR YOUR RECORDS. YOU MAY REQUEST A PAPER COPY OF LEGALLY REQUIRED NOTICE, WITHDRAW YOUR CONSENT TO RECEIVE COMMUNICATIONS ELECTRONICALLY, OR CHANGE YOUR EMAIL OR POSTAL ADDRESS FOR RECEIPT OF COMMUNICATIONS, BY CALLING 1-800-452-2541 OR SENDING YOUR REQUEST BY EMAIL TO CUSTOMERSUPPORT@IDENTITYGUARD.COM" TO UPDATE YOUR EMAIL ADDRESS. IF YOU CHOOSE TO WITHDRAW YOUR CONSENT, THEN YOU WILL RECEIVE COPIES OF LEGALLY REQUIRED NOTICES IN PAPER FORM. IN ORDER TO ACCESS AND RETAIN COMMUNICATIONS, YOU MUST HAVE: AN INTERNET BROWSER THAT SUPPORTS 128-BIT ENCRYPTION; AN EMAIL ACCOUNT AND EMAIL SOFTWARE CAPABLE OF READING AND RESPONDING TO YOUR EMAIL; A PERSONAL COMPUTER, OPERATING SYSTEM AND TELECOMMUNICATIONS CONNECTION TO THE INTERNET, OR IN THE CASE OF OUR MOBILE SERVICE, A WIRELESS DEVICE, SOFTWARE AND CONNECTION TO THE INTERNET CAPABLE OF SUPPORTING THE FOREGOING; AND SUFFICIENT ELECTRONIC STORAGE CAPACITY ON YOUR COMPUTER’S HARD DRIVE OR OTHER DATA STORAGE UNIT OR A PRINTER THAT IS CAPABLE OF PRINTING FROM YOUR BROWSER AND EMAIL SOFTWARE.
Export Restrictions. The Service is only available for purchase by residents of the United States of America (the "U.S."). Further, you understand and acknowledge that you may not sign up for the PRIVACYPROTECT portion of the Service, or download the PRIVACYPROTECT®software from countries outside of the U.S. You agree to abide by U.S. and other applicable export control laws and not to transfer the Software to a national destination or person prohibited under such laws. Further, you acknowledge that the Software includes encryption software that may be subject to export, import, and/or use controls. Accordingly, in no event may the Software and the underlying information and technology be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
U.S. Government Restricted Rights. RESTRICTED RIGHTS LEGEND: All Intersections software and documentation are commercial in nature. The Software and Software documentation are "Commercial Items," as that term is defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. §.7202, as applicable. Consistent with 48 C.F.R. §12.212, 48 C.F.R. §252.27-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable. The Software and any related documentation licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in these Terms. Manufacturer of the PRIVACYPROTECT®software is STRIKEFORCE TECHNOLOGIES, INCORPORATED, Customer Sales and Service, 1090 King Georges Post Road, Suite 108, Edison, New Jersey, 08837, USA.
Proprietary Rights. You acknowledge and agree that we or our licensors own all rights in and to the Service. Our and our licensors’ rights are protected by laws and regulations, including copyright laws, patent laws and international intellectual property treaties. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile any of the Service or technology.
Third-Party Products and Websites. We may offer or provide you access to products, services or websites provided by third parties, including but not limited to promotional or incentive offers, or free services provided by third parties, including the ZoneAlarm® Internet Security Suite and websites that hyperlink to our website. Intersections does not control or bear any responsibility for those websites or third parties, including but not limited to their products or services or use by them of personal information you may provide them.
Exclusion of Representations and Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS ONLY. NEITHER WE, NOR ANY LICENSOR OR THIRD-PARTY PROVIDER OF ANY COMPONENT OF THE SERVICE OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, MAKES, AND EACH EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR ARISING OUT OF COURSE OF DEALING OR USAGE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY OR THAT THE SERVICE IS ERROR FREE OR SECURE. THE SERVICE CONTAINS INFORMATION PROVIDED BY ONE OR MORE THIRD-PARTY CREDIT REPORTING AGENCY(-CIES) OR OTHER THIRD-PARTY DATA PROVIDERS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD-PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY SUCH THIRD-PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND WE HAVE NO LIABILITY FOR SUCH FAILURE. NEITHER WE NOR ANY THIRD-PARTY DATA PROVIDER SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY NON-DELIVERY, DELAYED DELIVERY, OR THE MISDIRECTED DELIVERY OF AN ALERT, UPDATE OR OTHER INFORMATION, INACCURATE OR INCOMPLETE INFORMATION IN AN ALERT, UPDATE OR OTHER INFORMATION, OR YOUR RELIANCE ON OR USE OF ANY ALERT, UPDATE OR OTHER INFORMATION. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. ANY SOFTWARE, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY INJURY, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Limitations of Liability. IN NO EVENT MAY WE, OR ANY LICENSOR OR THIRD-PARTY PROVIDER OF ANY COMPONENT OF THE SERVICE OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE MAY NEVER EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE 12 MONTHS PRIOR TO THE DATE YOUR CLAIM ARISES. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Identity Theft Assistance Corporation. THE SERVICE IS BEING PROVIDED BY INTERSECTIONS. THE IDENTITY THEFT ASSISTANCE CORPORATION, A NONPROFIT CORPORATION (THE "CORPORATION"), IS NOT THE PROVIDER OF THE SERVICE (NOTWITHSTANDING THE USE OF THE "ITAC" BRAND IN CONNECTION WITH THE SERVICE). THE CORPORATION SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH THE MARKETING, PROMOTION, SALE OR DELIVERY OF THE SERVICE. YOU AGREE TO LOOK SOLELY TO INTERSECTIONS IN OBTAINING RELIEF FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR IN CONNECTION WITH THE SERVICE. IN NO EVENT SHALL THE CORPORATION BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE CORPORATION IS AN INTENDED BENEFICIARY OF THIS PROVISION.
Miscellaneous Provisions. Identity theft insurance is governed by an insurance certificate that is incorporated herein by reference. You acknowledge receipt of the certificate and agree to be bound by it. These Terms are governed by the laws of the Commonwealth of Virginia, USA, exclusive of its choice of law principles. ANY CLAIM, ACTION OR DISPUTE ARISING OUT OF OR RELATING TO THE SERVICE OR OTHERWISE BETWEEN YOU AND US SHALL BE SETTLED BY BINDING ARBITRATION IN WASHINGTON, D.C., IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. NEITHER YOU NOR WE MAY CONSOLIDATE OR JOIN ANY CLAIM OR ACTION IN ARBITRATION WITH ANY OTHER CLAIM OR ACTION OR ACT AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR PRIVATE ATTORNEY GENERAL. JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED IN ANY FEDERAL OR STATE COURT HAVING JURISDICTION. THIS ARBITRATION PROVISION AND THESE TERMS ARE GOVERNED BY THE FEDERAL ARBITRATION ACT.
Credit Report-Related Regulatory Disclosures. Your Rights Concerning Your Consumer Credit File: You have a right to obtain a free copy of your credit report once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual credit report, you may go to www.annualcreditreport.com, or call 1-877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your credit report from a credit bureau, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
The Federal Trade Commission regulates credit bureaus and credit monitoring services. For more information contact:
Federal Trade Commission
Washington, D.C. 20580
1-877-FTC-HELP
www.ftc.gov
NOTICE TO ILLINOIS RESIDENTS: MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT NOMINAL COST FROM GOVERNMENT AGENCIES. 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.
The states of MA, VT, CO, NJ, MD and ME permit consumers to obtain one credit report per credit reporting agency per year, free of charge. The state of GA permits consumers to obtain two credit reports per credit reporting agency per year, free of charge.
This Service is not intended to substitute for any free credit report or disclosure that any credit reporting agency or bureau is required by law to provide to you. Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your credit report is inaccurate, you have the right to dispute it by contacting the credit bureau directly.
Trademark and Copyright. © Intersections Inc. All rights reserved. INTERSECTIONS, IDENTITY GUARD, CREDITPROTECT, CREDITPROTECTX3, CREDIT ESSENTIALS, ID RISK ASSESSMENT, NOTIFY EXPRESS, BASIC PROTECTION, TOTAL PROTECTION, and PRIVACYPROTECT are trademarks or federally registered trademarks of Intersections Inc. The following are trademarks of third parties: Equifax is a registered trademark of Equifax, Inc.; Experian is a registered trademark of Experian, Inc.; TransUnion is a registered trademark of TransUnion, LLC; and other trademarks are trademarks of their respective owners. The PRIVACYPROTECT software is provided to you by us under a license from StrikeForce Technologies, Inc.
Last Updated: March 22, 2013
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