Website Terms of Use
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 and MOBILE LOCKBOX® service (each alone, and together, 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 and certain software used for purposes of the MOBILE LOCKBOX® service 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. Certain components of the Software will be installed on the telephone, personal digital assistant or other mobile communications device (each, a "Mobile Device") with which you use the MOBILE LOCKBOX®. 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.
If your version of the Service includes the MOBILE LOCKBOX® service (defined below), in addition to all other provisions in these Terms, the following provisions (subsections A through F) apply specifically to the MOBILE LOCKBOX® software and service (the "MOBILE LOCKBOX"):
A. Devices, Networks and Other Technology. You may use the MOBILE LOCKBOX® service with no more than two mobile devices. WE HAVE NO RESPONSIBILITY FOR THE OPERATION OF ANY EQUIPMENT, THIRD-PARTY SOFTWARE OR TELECOMMUNICATIONS NETWORKS OR SERVICES IN CONNECTION WITH WHICH YOU MAY USE OR ATTEMPT TO USE THE MOBILE LOCKBOX® SERVICE, INCLUDING, WITHOUT LIMITATION, MOBILE DEVICES, THE INTERNET AND WIRELESS SERVICES (EACH ALONE, AND TOGETHER, "THIRD-PARTY TECHNOLOGY"). YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION, IMPLEMENTATION, AND PERFORMANCE OF ANY THIRD-PARTY TECHNOLOGY. PLEASE SEE THE MOBILE LOCKBOX® WEBSITE FOR A CURRENT DESCRIPTION OF THE MOBILE DEVICES AND WIRELESS NETWORKS IN CONNECTION WITH WHICH THE MOBILE LOCKBOX® SERVICE MAY BE USED, AND OTHER APPLICABLE THIRD-PARTY TECHNOLOGY REQUIREMENTS. WE DO NOT REPRESENT, WARRANT OR GUARANTEE, HOWEVER, THAT THE MOBILE LOCKBOX® WILL CONTINUE TO BE INTEROPERABLE OR COMPATIBLE WITH ANY PARTICULAR MOBILE DEVICE, WIRELESS NETWORK OR OTHER THIRD-PARTY TECHNOLOGY.
B. Account Aggregation. Certain parts of the MOBILE LOCKBOX® are powered by CashEdge®, a provider of account aggregation services. In order to enable us to provide the Service, we will ask you to provide information needed to access third-party websites and the information that CashEdge has aggregated containing information regarding your accounts and financial relationships as designated by you (each a "Third-Party Account"). You represent and warrant to us that you are who you claim to be and that you are the rightful owner of and have the right to authorize and permit us and CashEdge to access the Third-Party Accounts, and that by disclosing the information to us and by authorizing us to use such information to access such Third-Party Accounts you are not violating any third-party rights. You understand and agree that at all times your relationship with each Third-Party Account provider is independent of us and your use of the Service, that neither we nor CashEdge have a contractual or operational relationship with your Third-Party Account providers, and that our Service is limited to providing you with information made available by your Third-Party Account providers. Any questions regarding data accuracy should be raised directly with the Third-Party Account provider. We and CashEdge shall not be responsible for any act or omission by the provider of any Third-Party Account, including without limitation any modification, interruption or discontinuance of any Third-Party Account. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR CASHEDGE ARE ACCESSING AND RETRIEVING INFORMATION FROM THE THIRD-PARTY ACCOUNTS WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTIES. YOU AGREE THAT WE, CASHEDGE AND OUR AFFILIATES AND SERVICE PROVIDERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU BELOW. YOU AGREE THAT NEITHER WE NOR CASHEDGE SHALL BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR OR CASHEDGE'S ACCESS TO THE THIRD-PARTY ACCOUNTS; (2) OUR OR CASHEDGE'S RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD-PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN INFORMATION RETRIEVED FROM THE THIRD-PARTY ACCOUNTS, OR (4) ANY CHARGES IMPOSED BY THE PROVIDER OF ANY THIRD-PARTY ACCOUNT.
C. Limited Power of Attorney. For as long as you are using the MOBILE LOCKBOX®, you give to us and CashEdge a limited power of attorney and appoint each of us as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Third-Party Accounts, retrieve your information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Service, as fully to all intents and purposes as you might or could do in person. Once we have actual knowledge that you wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement and have had a reasonable opportunity to act on such knowledge, this limited power of attorney shall be thereupon automatically revoked; provided, however, that any act done by us or CashEdge in good faith before we have actual knowledge of termination by you shall be deemed to be authorized by you.
D. The Dashboard. Your personal dashboard shows you balances for your accounts as those balances are posted at the time our service reviews them. We have no control over the timeliness of data provided as the frequency of updates varies among Third-Party Account providers. Information presented in your dashboard may be inaccurate if presented inaccurately by the Third-Party Account provider or if disclaimers or disclosures regarding the data appear on the screen of the Third-Party Account provider's website from where the information was taken. You may want to check periodically the websites of Third-Party Account providers for applicable disclosures or disclaimers.
E. Securities Quotations. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor. You are solely responsible for your investment research. Prior to undertaking any securities transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment.
F. Alerts. The alert service portion of the MOBILE LOCKBOX® enables you to receive a notice via email or SMS message concerning available information in certain of your Third-Party Accounts. You can set alerts for each of certain of your Third-Party Accounts registered on the dashboard. You are responsible for determining the criteria that governs the alert and we will send an alert to you based upon the instructions you provide to us. Your instructions are neither reviewed nor verified by us prior to or following activation of any alert. At any point, you can enable or disable an alert, or delete the alert altogether. You understand and accept that an alert is transmitted electronically and you acknowledge that you have no expectation of privacy with respect to such information. You acknowledge that the information in the alert is unencrypted and can be accessed, used, or misappropriated by unintended third-party recipients. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE OR MISAPPROPRIATION OF ANY INFORMATION TRANSMITTED THROUGH THE ALERT. WE DO NOT GUARANTEE THE DELIVERY OR THE ACCURACY OF THE CONTENTS OF EACH ALERT. YOU ACKNOWLEDGE AND AGREE THAT DELIVERY OF AN ALERT MAY BE DELAYED OR PREVENTED BY FACTOR(S) OUTSIDE OUR CONTROL AND WE SHALL NOT BE LIABLE FOR ANY LOSSES OR MISSED OPPORTUNITIES INCURRED BY YOU DUE TO THE DELAYED, NON-DELIVERY OR MISDIRECTED DELIVERY OF AN ALERT.
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 ScoresTM 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.
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/ContactUS.aspx. 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® or MOBILE LOCKBOX® portions of the Service, or download the PRIVACYPROTECT® software or the software portions of the MOBILE LOCKBOX®, 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. § 227.7202, 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. Manufacturer of the Software used for purposes of the MOBILE LOCKBOX® service is INTERSECTIONS INC., 3901 Stonecroft Blvd., Chantilly, Virginia, 20151, 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. 2010. All rights reserved. INTERSECTIONS, IDENTITY GUARD, CREDITPROTECT, CREDITPROTECTX3, CREDIT ESSENTIALS, ID RISK ASSESSMENT, NOTIFY EXPRESS, BASIC PROTECTION, TOTAL PROTECTION, PRIVACYPROTECT, MOBILE LOCKBOX and any associated logos 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.
Effective Date: April 7, 2009
Last Updated: August 2010