Effective Date: November 19, 2013
TrustedID, Inc. ("TrustedID," "we," "us," "our") provides its products to you ("You," "Your") through various websites (including www.TrustedID.com) and its related applications and products (collectively, the "Product(s)" which term includes any new features, products and applications offered by us from time to time), subject to the following Terms & Conditions (as amended from time to time, the "Agreement").
MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, 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. NONE OF THE PRODUCTS OFFERED THROUGH THIS SITE ARE INTENDED AS A SUBSTITUTE FOR THE CONSUMER CREDIT INFORMATION THAT MAY BE AVAILABLE TO YOU WITHOUT CHARGE. PRIOR TO PURCHASING ANY PRODUCT, YOU SHOULD REVIEW THE FAIR CREDIT REPORTING ACT DISCLOSURES CONTAINED IN THIS AGREEMENT OR VISIT WWW.ANNUALCREDITREPORT.COM FOR FURTHER DETAILS REGARDING YOUR RIGHT TO OBTAIN A COPY OF YOUR CONSUMER CREDIT FILE.
PROVIDERS OF PRODUCTS. The credit Products are provided by Equifax Consumer Services LLC ("Equifax"). We may also partner with other companies ("Suppliers") to provide Products to you or sell you a Product provided by a Supplier. Suppliers are included in references in this Agreement to "we", "us" and "our".PERSONAL INFORMATION; AUTHORIZATION. As needed to provide Products to You, You authorize and instruct Us to obtain, monitor, and compile Your: (i) credit information from one or more credit reporting agencies; (ii) "non-public personal information", "personal information", and/or "highly restricted personal information" about or concerning You as defined by the Gramm-Leach-Bliley Act (15 U.S.C. sec 6801 et seq); and (iii) other personal information. By placing Your order You acknowledge and agree that Your access to the Products and any consumer credit information contained therein is subject to Your prior written authorization and Our verification of Your identity. As such, You understand and agree that by submitting Your order, You are providing "written instructions" in accordance with the Fair Credit Reporting Act ("FCRA") for Us to obtain credit information from the personal credit report maintained by one or more of the three nationwide credit reporting agencies and You hereby authorize Us to access Your personal credit information in order to provide the Products.
NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT. TrustedID is not a credit repair organization, or similarly regulated organization under other applicable law and does not provide any form of credit repair advice or counseling. TrustedID offers You access to Your credit report and other credit-related information Products, but We do not offer, provide, or furnish any Products, or any advice, counseling, or assistance, for the express or implied purpose of improving Your credit record, credit history, or credit rating. By this We mean that We do not claim We can "clean up" or "improve" Your credit record, credit history, or credit rating and You acknowledge and agree that You will not purchase, use, or access any of Our Products or the websites for such purposes. These items (credit record, history, and rating) are based on Your past or historical credit behavior, and accurate and timely adverse credit information cannot be changed. If You believe that Your credit report contains inaccurate, non-fraudulent information, it is Your responsibility to contact the relevant credit reporting agency, and follow the procedures established by the various credit reporting agencies related to the removal of such information.
USE OF THE PRODUCTS. By registering for the Product You certify that You are at least 18 years of age. You agree that the information You provide during the registration process, and the information You provide from time to time while using the Product, will be true, accurate and current. It is a violation of federal criminal laws to knowingly or willfully obtain information from a consumer reporting agency under false pretenses. If TrustedID has any reason to suspect You have provided untrue, inaccurate or non-current information it may, in its sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict Your use of and access to any part(s) of the Product) at any time, without notice. You agree not to: use the Product in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Product or interfere with any other party's use and enjoyment of the Product; harvest or collect email addresses or other contact information of other users from the Product by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; interfere with or disrupt the Product or servers or networks connected to the Product; violate any terms which may be applicable for any particular area of the Product; violate any applicable local, state, national or international law, or any regulations having the force of law; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Product.
YOU UNDERSTAND AND AGREE THAT THE PRODUCTS SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER REPORTING AGENCIES.
THIRD PARTY SOFTWARE. In the event that the Product you are procuring hereunder includes third party software, You acknowledge that Your use of third party software may be subject to the license terms associated with such third party software. TrustedID hereby disclaims any liability or responsibility with respect to any such third party software.
CREDIT SCORES. Unless otherwise indicated, all credit scores furnished with Our Products are Equifax Credit Scores. By this, We mean that all credit scores are prepared by Equifax and make use of the Equifax Risk Score, which is a proprietary credit score model developed by Equifax. Although the Equifax Risk Score is sometimes used by lenders, it is unlikely that Your particular lender with will use the Equifax Risk Score. When prepared and delivered to You as part of any Product, The Equifax Credit Score is provided solely to help You understand how lenders may evaluate Your overall credit risk. Therefore, nothing in any of Our Products is an endorsement or a determination of a person's qualification for a loan, or any other extension of credit. Each lender has specific underwriting standards, so You should not assume that You will receive the same evaluation, credit terms or conditions. Equifax does not represent that the Equifax Credit Score is identical or similar to any other credit score or score model. Moreover, any estimated score changes predicted by Our Products are only estimates and are provided for educational purposes solely to enable You to determine how future financial decisions (e.g., obtaining a new car loan or mortgage) might impact your credit score. In all instances, the information We use to calculate Your Equifax Credit Score is derived from one or more credit reports produced by EIS or one of the other national credit reporting bureaus. The consumer credit information contained in these credit reports reflects the latest information provided to the pertinent credit reporting agency. Recent activity may not yet be reflected in Your credit report. If not, this activity will not be reflected in Your Equifax Credit Score. In addition, Your Equifax Credit Score may change every time new information is added to or removed from a credit report as well as with the passage of time.
PRODUCT FEES. The Product may be subject to fees (as designated by TrustedID at its website - www.TrustedID.com). In such event, you shall pay all applicable fees, as described on the website. All fees are in U.S. dollars unless stated otherwise on the website. All fees are payable upon demand on a Visa, MasterCard or American Express credit card (or by such other method as authorized by TrustedID in writing). TrustedID reserves the right to change its fees (and to institute new charges) for the Product at any time.
In the event TrustedID offers You a free trial of the Product, such free trial shall only be available if You are a first time customer of the Product. Only one free trial may be redeemed per household and we may refuse to register You to obtain any of our Products for any reason, including any of our Products that may be offered by means of a free trial. You must have internet access and a valid credit card or debit card to take advantage of a free trial offer. We will not bill You until the free trial period has expired and provided that You have not yet cancelled your trial membership. In the event that You wish to continue Your membership beyond the trial period, do nothing and Your membership will automatically continue without interruption and We will begin billing You via the payment source You provided when you signed up for the free trial for monthly or annual subscription fees corresponding to Your subscription plan plus any applicable tax at the end of your free trial membership period. You may cancel your trial membership at any time during the free trial period without charge or further obligation by calling our Customer Service Center 7 days a week, 5am - 6pm Pacific Standard Time at 1-888-548-7878.
In the event that You purchase the Product through a third party, all fees will be collected by the third party, as described in your agreement with the third party, and You should address Product fee questions to the third party. In the event that You initially purchased the Product through a third party, You will pay no subsequent fees to TrustedID unless You choose to purchase additional Products from TrustedID.
In the event that You receive the Product as a benefit of enrolling in, or purchasing, third party products or services, or have the Product purchased for You by a third party, You will incur no additional fees related to Your Product membership unless You choose to purchase additional Products from TrustedID.
You hereby authorize TrustedID (or its third party provider) to verify your credit/debit card by running pre-authorization hold transactions against such credit/debit card.
MEMBERSHIP TERM. Unless terminated earlier pursuant to the terms and conditions of this Agreement, Your Product membership will continue for the period of time specified on TrustedID's website. If You receive the Product as a benefit of enrolling in, or purchasing, third-party products or services, Your Product membership may be terminated pursuant to the terms and conditions of Your agreement with the third party. As specified on the website, Your membership subscription may be subject to automatic renewal. TrustedID may, in its sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict Your use of and access to the Product) at any time, without notice.
PRODUCT CANCELLATION AND REFUNDS. You may cancel any subscription at any time. To cancel Your subscription, please contact our Customer Service Team 7 days a week, 5am - 6pm Pacific Standard Time at 1-888-548-7878. In the event that You cancel Your annual subscription, you will be entitled to a refund for the portion of subscription Product purchased but not yet provided. In the event you cancel your monthly subscription, you will not receive a refund but you will receive service for the remainder of the month you cancel and no further charges will be incurred. For additional information regarding how to cancel Your Product, go to www.trustedid.com and login to your account. All sales of credit report, credit report and score or Credit Lock Products purchased in addition to Your subscription are final, and You will not be entitled to a refund once it is delivered to You.
ACTIVATION OF PRODUCT. If You purchase a Product membership which does not require that You immediately enroll and commence use of the Product at the time of purchase, and You fail to enroll and commence use of the Product at any time following Your purchase, Your right to enroll in the Product and received of the benefits provided by the Product membership will expire twelve months following the date of purchase.
CUSTOMER SUPPORT. The type of customer service to which You are entitled is determined by the Product you purchased. If, for example, You have enrolled in a membership for which You have not paid TrustedID, You may be entitled to no customer support or support only via email.
CREDIT REPORTS. If the product provides You the ability to access Your free annual credit report, You hereby authorize TrustedID to request Your free annual credit report, as permitted under Section 211 of the Fair and Accurate Credit Transactions Act, once per year from all three national consumer reporting agencies. Reports will be requested within 30 days after the date of commencement of Your Product membership and will be delivered to You directly from the respective consumer reporting agency. TrustedID does not warranty that the national consumer reporting agencies will deliver a credit report to You following our request on Your behalf.
CHANGES TO PRODUCTS AND TERMS; TERMINATION. We may not offer every Product on every website and we may also modify or discontinue any of Our Products or a website (or any portion thereof) or cancel, suspend or terminate this Agreement for any reason with or without notice. If we do cancel this Agreement or discontinue any Product You have purchased without offering a similar replacement Product, We will give You a pro-rated refund for any Products purchased but not yet provided.
TRADEMARK RIGHTS. The TrustedID product names referenced in this website, including without limitation TRUSTEDID, the TRUSTEDID Logo, IDFREEZE, IDESSENTIALS and IDENTITYTHREATSCORE ("TrustedID Marks ") are trademarks or registered trademarks of TrustedID, Inc. in the United States and/or in other countries. Your use of the TrustedID Marks is governed by the TrustedID's trademark usage requirements. Other products and company names mentioned on the website may be the trademarks of their respective owners.
COPYRIGHT NOTICE. Copyright Notice: Copyright (c) 2004 -2012 TrustedID, Inc. All Rights Reserved. Except as otherwise provided, TrustedID owns all content contained in this website, including without limitation the information, materials, text, graphics, website design, and the selection, assembly and arrangement thereof ("Content "). The Content is protected by copyright and other laws of the U.S. and other countries and may not be used for any commercial purpose or copied, distributed, displayed, modified, reproduced, performed, published, posted or reverse engineered in whole or in part without the prior written permission of TrustedID. For more information regarding our copyright policies please email email@example.com or send regular mail to General Counsel, 101 University Ave, Palo Alto, CA 94301.
LIMITED WARRANTY AS A MEMBER OF THE PRODUCT, TRUSTEDID HEREBY PROVIDES YOU WITH THE FOLLOWING LIMITED WARRANTY ('LIMITED WARRANTY '): TrustedID warrants to you, the registered customer of this Product that the Product will perform substantially in accordance with any written specifications provided to You by TrustedID during the entire term of Your subscription.
Remedy: IF THE PRODUCT FAILS TO COMPLY WITH THE LIMITED WARRANTY, TRUSTEDID SHALL USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE FAILURE AS YOUR SOLE REMEDY (EXCEPT AS PROVIDED IN THE NEXT SENTENCE). IF (AND ONLY IF) YOU SUFFER A STOLEN IDENTITY EVENT (AS DEFINED BELOW) AS A DIRECT RESULT OF SUCH BREACH OF WARRANTY AND YOU ARE A SUBSCRIBER TO TrustedID's IDESSENTIALS, IDFREEZE, IDMONITOR, IDASSURE OR IDSAFE ("COVERED PRODUCTS"), TRUSTEDID SHALL ALSO PROVIDE YOU WITH THE BENEFITS AND RESTORATION PRODUCTS (BOTH AS DEFINED BELOW). HOWEVER, FOR CLARITY, THE BENEFITS AND RESTORATION PRODUCTS DETAILED BELOW ONLY APPLY TO COVERED PRODUCTS (AND NOT TO ANY OTHER PRODUCT OFFERED BY TRUSTEDID) AND ARE IN ALL CASES SUBJECT TO THE LIMITED WARRANTY LIMITS BELOW.
STOLEN IDENTITY EVENT A "Stolen Identity Event" is the theft or Your personal identification, social security number, or other information that would allow a third party to identify You, which has or could reasonably result in the wrongful use of such information in a manner that may affect your credit, including, but not limited to, Stolen Identity Events occurring on or arising out of Your use of the Internet. A Stolen Identity Event does not include the theft or unauthorized or illegal use of Your business name, d/b/a or any other method of identifying Your business activity. You agree that TrustedID is not an insurance company, not a credit repair organization, is not a credit counseling service and does not promise to help You improve Your credit history or rating. You agree that, except as expressly and unambiguously set forth in the Benefits section below, TrustedID will not make payments to You or otherwise be liable or responsible for any loss, damage or liability You may incur in any way related to a Stolen Identity Event (or otherwise), including, without limitation, any monetary, financial or other economic loss, theft or damage of any kind.
YOUR SOLE REMEDY, AND THE EXCLUSIVE LIABILITY OF TRUSTEDID FOR ANY VIOLATION OF THE LIMITED WARRANTY IS THE FOLLOWING:
BENEFITS TrustedID shall reimburse You for only the following ("Benefits"):
- Necessary costs incurred by You in the United States for re-filing applications for loans, grants or other credit instruments that are rejected solely as a result of a Stolen Identity Event.
- Necessary costs incurred by You in the United States for notarizing affidavits (or other similar documents), and long distance telephone calls and postage, incurred solely as a result of Your efforts to report a Stolen Identity Event and/or amend or rectify records as to Your true name or identity as a result of a Stolen Identity Event.
- Necessary costs incurred by You for up to six credit reports from established credit bureaus (with no more than two reports from any one credit bureau) dated within twelve (12) months after You become aware of a Stolen Identity Event.
Actual lost wages earned in the United States, whether partial or whole days, for time reasonably and necessarily taken off work and away from Your work premises solely as a result of Your efforts to amend or rectify records as to Your true name or identity as a result of a Stolen Identity Event. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days but not for sick days or any cost arising from time taken from self-employment. Coverage is limited to wages lost within twelve months after Your discovery of a Stolen Identity Event. If You have enrolled in a Product for which You have paid Product fees to TrustedID, the amounts payable by TrustedID under this "Lost Wages " section shall not exceed the greater of (a) four (4) weeks of Your lost wages and (b) $5,000.00. If you have enrolled in a Product requiring you to pay no Product fees to TrustedID, the amounts payable by TrustedID under this "Lost Wages " section shall not exceed the greater of (a) four (1) week of Your lost wages and (b) $500.00.
Legal Defense Fees and Expenses
Necessary fees and expenses incurred in the United States by You (after obtaining TrustedID's express prior written consent) for an attorney expressly approved by TrustedID in writing for (and only for): Defending civil suits brought against You by a creditor or collection agency or entity acting on behalf of a creditor for non-payment of goods or services, or default on a loan, directly resulting from a Stolen Identity Event; and appealing any civil judgment wrongfully entered against You as a result of the Stolen Identity Event.
TrustedID shall provide to You only the following restoration products ("Restoration Products"):
- Providing You with an information package including a description of the resolution process, educational articles, and guidance for avoiding future complications ("TrustedID Claims Kit").
- Reviewing Your credit files with You to determine the accuracy of the file and potential areas of fraud.
- Notifying (as needed) Your affected creditors, financial institutions, credit card companies, utility providers, and merchants of the identity fraud.
- Providing information to the Federal Trade Commission (FTC), and to other government agencies as appropriate.
- When appropriate, providing assistance with obtaining and reviewing Your Social Security Personal Earnings and Benefits Statement.
- Creating and maintaining a case file to document the identity fraud.
Restoration Products will only be performed by TrustedID after TrustedID's receipt from You of written authorization to undertake such actions. Restoration Products are subject to TrustedID's standard practices and procedures and may be modified by TrustedID at anytime time (including, without limitation, as TrustedID deems reasonably necessary given the nature of the applicable Stolen Identity Event).
LIMITED WARRANTY LIMITS
NOTWITHSTANDING ANYTHING TO THE CONTRARY, TrustedID's MAXIMUM LIABILITY (INCLUDING, WITHOUT LIMITATION, FOR ANY AMOUNTS REIMBURSED TO YOU OR OTHERWISE EXPENDED) UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED, IN THE AGGREGATE, FOR ALL STOLEN IDENTITY EVENTS (REGARDLESS OF THE CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, YOUR OWNERSHIP OR USE OF MULTIPLE SUBSCRIPTIONS TO THE PRODUCT): (A) ONE MILLION DOLLARS ($1,000,000) IF YOU ARE A SUBSCRIBER TO (AND TrustedID's BREACH OF WARRANTY RELATES TO) TrustedID's IDESSENTIALS, IDFREEZE OR IDASSURE PRODUCTS, AND (B) FIVE HUNDRED THOUSAND DOLLARS ($500,000) IF YOU ARE A SUBSCRIBER OF IDMONITOR AND (C) FIFTY THOUSAND DOLLARS ($50,000) IF YOU ARE A SUBSCRIBER TO (AND TrustedID's BREACH OF WARRANTY RELATES TO) TrustedID's IDSAFE OR ANY OTHER COVERED PRODUCTS. FOR CLARITY, TRUSTEDID SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO THE BENEFITS AND RESTORATION PRODUCTS DESCRIBED ABOVE (OR WITH RESPECT TO ANY STOLEN IDENTITY EVENT) UNLESS YOU ARE A SUBSCRIBER TO (AND TrustedID's BREACH OF WARRANTY RELATES TO) A COVERED PRODUCT.
LIMITED WARRANTY CONDITIONS AND EXCLUSIONS This Limited Warranty provides benefits to You for a Stolen Identity Event only if:
- You report such Stolen Identity Event to TrustedID at 1-888-54-TRUST as soon as You become aware of such event, but in no event later than thirty (30) days after the Stolen Identity Event is first discovered by You.
- You strictly follow all instructions set forth in the TrustedID Claims Kit, and otherwise provided to You by TrustedID for such Stolen Identity Event. These instructions may require You to, among other things, notify major credit bureaus, the Federal Trade Commission's Identity Theft Hotline and appropriate law enforcement authorities of such Stolen Identity Event.
- At the time of the Stolen Identity Event and Your discovery of such event, You are a current, registered subscriber to the Product ("Subscriber "). For clarity, You will not have the right to receive any Benefit with respect to Stolen Identity Events that occur prior to the time You are a Subscriber, or that are discovered by You after You are no longer a Subscriber.
- You are otherwise in full compliance with all other terms and conditions for use of the Product (including, without limitation, the term of use located at www.trustedid.com/terms).
If TrustedID finds that You misrepresented any information required by TrustedID to provide the Benefits, or misrepresented that You were Subscriber when Your information was misused, or misrepresented any information required for You to become Subscriber, You agree to promptly reimburse TrustedID for any amounts TrustedID has paid in connection with Your Benefits claim, including, without limitation, any costs TrustedID incurs to collect such amounts from You. If You are found, or TrustedID reasonably believes you are, (i) guilty of a crime related to any loss which You attribute to identity theft, or (ii) otherwise responsible for the Stolen Identity Event, TrustedID shall be entitled to recover all Benefit amounts paid on Your behalf with respect thereto.
IDENTITY THEFT INSURANCE. Certain Products include an identity theft insurance benefit for Subscribers. This identity theft insurance benefit for Subscribers is underwritten and administered by Chartis and its affiliates under a master group policy issued to TrustedID for the benefit of its Members. A summary of the terms of coverage are located at www.trustedid.com/summary-benefits. The complete insurance policy is available from Us on request. Chartis administers all claims and We shall have no responsibility with respect to such identity theft benefit.
WARRANTY DISCLAIMER. Your membership to the Product is provided as a tool for protecting Your (and Your Partner's) personal information and identity, however, it does not offer a guarantee of information and identity protection. Neither You nor Your Partner should rely on the Product as the only tool or means of protecting Your personal information and identity.
EXCEPT FOR THE LIMITED WARRANTY, THE PRODUCT IS PROVIDED 'AS IS ' AND WITHOUT WARRANTY OF ANY KIND. TRUSTEDID, AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS (WHICH FOR PURPOSES OF THIS 'WARRANTY DISCLAIMER ' SECTION INCLUDES, WITHOUT LIMITATION, ALL THIRD PARTY SOFTWARE PROVIDERS) HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. TRUSTEDID AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES THAT ANY OF THE PRODUCTS PROVIDED UNDER THIS AGREEMENT WILL BE PROVIDED THROUGH ANY OR ALL OF THE CONSUMER REPORTING AGENCIES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING WARRANTY DISCLAIMER, NEITHER TRUSTEDID, NOR ANY OF ITS REPRESENTATIVES, SUPPLIERS, OR LICENSORS MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE INFORMATION PROVIDED TO YOU OR CONTAINED IN YOUR CREDIT REPORT, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR INACCURACY OF SUCH INFORMATION. FURTHER AND WITHOUT LIMITING THE FOREGOING, TRUSTEDID, AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES THAT (A) THE REPORTING AGENCIES WILL PROVIDE SERVICES, USE INFORMATION, OR OTHERWISE ACT IN ACCORDANCE WITH ANY REQUEST FROM TRUSTEDID OR ITS SUPPLIERS AND LICENSORS, (B) THE REPORTING AGENCIES WILL EMPLOY SECURITY MEASURES THAT ARE SUFFICIENT TO PROTECT INFORMATION PROVIDED TO THEM (INCLUDING YOUR PERSONAL INFORMATION), (C) ANY SECURITY MEASURES THAT ARE EMPLOYED WILL SUCCESSFULLY PROTECT ANY INFORMATION, (D) THE REPORTING AGENCIES WILL MAINTAIN ANY INFORMATION (INCLUDING YOUR PERSONAL INFORMATION) IN CONFIDENCE, OR OTHERWISE NOT DISCLOSE SUCH INFORMATION TO THIRD PARTIES, (E) THE REPORTING AGENCIES WILL CONDUCT THEIR ACTIVITIES IN ACCORDANCE WITH ANY LAW, AGREEMENT, OR POLICY, OR (F) ACCESS TO ALL CONSUMER REPORTING AGENCIES (OR ANY PARTICULAR CONSUMER REPORTING AGENCY) WILL BE INCLUDED WITH RESPECT TO ANY OF THE PRODUCTS PROVIDED UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL TRUSTEDID OR ITS REPRESENTATIVES, SUPPLIERS, LICENSORS (WHICH FOR PURPOSES OF THE 'WARRANTY DISCLAIMER ' SECTION INCLUDES, WITHOUT LIMITATION, ALL THIRD PARTY SOFTWARE PROVIDERS), OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM USE OF THE PRODUCTS. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED WARRANTY, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL TRUSTEDID OR ITS REPRESENTATIVES, SUPPLIERS, LICENSORS, OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLE FOR ANY AMOUNT IN EXCESS, IN THE AGGREGATE OF THE MEMBERSHIP FEES PAID BY FOR USE OF THE PRODUCTS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF TRUSTEDID HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY. You shall indemnify and hold harmless TrustedID and its officers, directors, employees, agents, licensors, suppliers, representatives and any other third-party provider of information or services available through the Product or otherwise available from TrustedID from and against all claims, liabilities, damages and expenses, including, without limitation, reasonable attorneys' fees and expenses, resulting from Your use of the Product, any other products or services available from or through TrustedID or any violation of this Agreement by You.
OTHER RIGHTS. You understand and agree that the Fair Credit Reporting Act allows You to place fraud alerts on consumer reports and to obtain copies of annual credit reports for Yourself without charge. Accordingly, You also understand and agree that Your decision to pay for and receive Products under this Agreement has been made by you as a convenience, and is not legally required.
THIRD PARTY WEBSITES AND SERVICES This Product may provide, or third parties may provide, links or other access to other sites, services and resources on the Internet and otherwise, including reporting agencies ("Third Party Services "). TrustedID has no control over such Third Party Services and TrustedID is not responsible for and does not endorse such Third Party Services. You further acknowledge and agree that TrustedID shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, content, goods or services available on or through any such Third Party Services.
This Agreement is personal to You and may not be assigned or transferred without TrustedID's consent and any action or conduct in violation of the foregoing shall be void and without effect. TrustedID expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder without Your consent. This Agreement shall be governed by and construed under California law, without regard to its choice of law principles.
Except as otherwise expressly provided in this Agreement, all disputes arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving complex commercial contract disputes, who may or may not be selected from the appropriate list of JAMS arbitrators. If the parties cannot agree upon the identity of the arbitrator within fifteen (15) days following the date, then a single arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS. Any arbitrator so selected shall have substantial experience in complex commercial contract disputes. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute injunctive or other forms of equitable relief at any time in any court of competent jurisdiction. For all purposes of this Section, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.