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.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Intersections Inc. on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
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. You understand that not all features of the Service begin immediately upon enrollment and that some time may be required verify information and to commence certain features. 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, the additional terms you will accept upon download, 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. The following disclosures and disclaimers apply to CreditXpert Inc., Intersections Inc., and their respective affiliates, suppliers and distributors.
The credit scores provided are CreditXpert® ScoresTM which are developed by CreditXpert Inc. ("CXI") and range from 350 to 850. CXI is not affiliated with or endorsed by Equifax, Experian, TransUnion or FICO. There are many different credit scores in the marketplace, and CreditXpert Scores may not be identical or similar to credit scores produced by any other company, including FICO. CreditXpert Scores are intended to reflect common credit scoring practices, but they are not used by lenders to evaluate your credit. CreditXpert products are not an endorsement or a determination of your qualification for a loan, a change in loan terms or any extension of credit by any lender. Predicted scores and score changes simulated by CreditXpert products are only estimates. CXI does not guarantee that scores from any other company will change by the same amount, in the same way, or at all.
The information generated by CreditXpert® products is based on one or more of your credit reports, which are provided by one or more of the major credit reporting agencies ("credit bureaus"). Your credit reports reflect your credit information at a specific point in time, so they may not yet include recent activity such as charges, payments, credit inquiries and new accounts. Also, your reports may not include all of your credit accounts because lenders and creditors are not required to report information to the credit bureaus. You should carefully review your reports to identify any errors or missing information, because CreditXpert products are only as accurate as the credit report information on which they are based. CXI is not responsible for inaccurate results, including any due to incorrect, incomplete, or outdated information in your credit reports or incorrect assumptions about the future.
CXI does not maintain your credit report information and is not able to make any changes to it. CXI does not advise you to dispute any item in your credit report, and cannot initiate any disputes on your behalf. CXI does not provide financial or other advice; it is not a credit bureau, credit reporting agency, credit counseling or credit repair organization. CreditXpert products are provided for educational purposes only.
THE FOREGOING 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, DISTRIBUTORS AND AFFILIATES 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.
Copyright © 2000-2016, CreditXpert Inc. All rights reserved. CreditXpert® is a registered trademark of CreditXpert Inc.
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 plus applicable tax. 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. In the event you enroll in a free trial of the Service, such free trial shall only be available if you are a first time customer of the Service. Only one free trial may be redeemed per person per 18-month period and we may refuse to register you to obtain any of our Services for any reason, including any of our Services that may be offered by means of a free trial.
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, including without limitation, cancellation of duplicate enrollments and enrollments found to have been made in contravention of these Terms. 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.
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 Software, from countries outside of the U.S. You agree to abide by U.S. and other applicable export control and import laws and not to transfer the Software to any country or person prohibited under such laws. Further, you acknowledge that the Software includes encryption capabilities that may be subject to export, import, and/or use controls under U.S. and other applicable laws. Accordingly, in no event may the Software, the underlying information and technology, and/or any support services be downloaded or otherwise exported, transferred, or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, the Crimea region of the Ukraine, or any other country or national of a country to which the U.S. has embargoes, sanctions, or other export restrictions; or (ii) to any person or entity prohibited by the U.S. Government, including but not limited to persons and entities on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Parties List or Entities List.
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)(1) and 48 C.F.R. § 252.227-7014(a)(5). The Software and any related documentation licensed to United States Government end users with only those rights as granted to all other end users will be according to the terms and conditions contained in these Terms and applicable sections of the Federal Acquisition Regulations, including but not limited to 48 C.F.R. §§ 12.212, 227.7202-1, 227.7202-3, and 227.7202-4. . 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.
Representations and Warranties. 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, OR SPECIALDAMAGES 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. THIS LIMITATION OF LIABILITY IS ENFORCEABLE IN NEW JERSEY.
Miscellaneous Provisions. Identity theft insurance is governed by a master policy the terms of which are incorporated herein by reference. The issuance of the policy is evidenced by an insurance certificate, summary of benefits, or other similar document, that has been provided to You. You acknowledge receipt of this information and agree to be bound by the terms, conditions, limitations, and exclusions of the policy. In order to read these Terms electronically and use our Web Site, You must have access to a personal computer with Internet access, a 128 bit java-script enabled browser, and Internet Explorer 5.0 or higher or Netscape 7 or higher installed. You may obtain a paper copy of these disclosures by calling 1-800-214-4791. These Terms are governed by the laws of the Commonwealth of Virginia, USA, exclusive of its choice of law principles.
Credit Report-Related Disclosures. This product is not intended as a substitute for consumer reports or other information that may be available to You without charge. Under the Fair Credit Reporting Act You are entitled to obtain one free credit file disclosure annually from each of the three nationwide credit reporting systems (Equifax, Experian, and TransUnion) and You may be eligible for additional free reports under certain circumstances, such as, if You are unemployed and intend to apply for employment, if You are receiving public welfare assistance, if You have reason to believe information in Your file is inaccurate as a result of fraud, if You have placed a fraud alert or extended fraud alert on Your file, or if You have been subject to an adverse action based in whole or in part on the contents of Your consumer report.
You also may be entitled to free file disclosures under state law. MA, VT, CO, MD, ME and NJ permit consumers to obtain one credit file per credit reporting agency per year, free of charge. GA permits consumers to obtain two credit files per credit reporting agency per year, free of charge.
NOTICE TO ILLINOIS RESIDENTS: MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A 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. © 2016 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.
Effective Date: July 11, 2016