Terms & Conditions
Personal Information Authorization. As needed to provide the Service to you, you have authorized and instructed and provided your “written instructions” under the Fair Credit Reporting Act (FCRA) for IdentityTruth to obtain, monitor and compile your (a) credit information from one or more credit reporting agencies, 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. Sec. 6801 et seq.) and Drivers Privacy Protection Act (18 U.S.C. Sec. 2721 et seq.), respectively, and other personal information. If you decide to register on our Web Site, purchase our Service or participate in any of our programs, contests and/or surveys, if any, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify IdentityTruth promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms and shall constitute grounds for immediate termination of your account and your right to use the Web Site.
Use of the Service. You may not use the Service to obtain information about or make decisions about anyone but yourself. You may not use the Service unless you are eighteen years of age or older. 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. Comments, suggestions or materials sent or transmitted to IdentityTruth (collectively "Feedback"), shall be deemed to be non-confidential. Subject to the conditions described on the privacy page of this Web Site, IdentityTruth shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products incorporating such Feedback. IdentityTruth reserves the right to publish or use any responses, questions or comments emailed to IdentityTruth for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions will be the property of IdentityTruth.
Changes. We may in our sole discretion modify these Terms at any time without notice to you. Such modifications shall be effective immediately upon notice thereof, which may be given by any means including posting on this site or by other electronic or conventional means. You agree to review this page periodically to be aware of any such changes, modifications to the Terms stated herein. Your continued use of the Web Site after such notice has been given shall be deemed to constitute acceptance of the modifications.
No Representations or Warranties. a.) THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION DELIVERED AS PART OF THE SERVICE, IS PROVIDED ON AN "AS IS" BASIS ONLY. NEITHER IDENTITYTRUTH, NOR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICE OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, MAKES ANY, 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, THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEB SITE OR THAT THE SERVICE IS ERROR FREE. THE SERVICE CONTAINS INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY REPORTING AGENCIES OR OTHER THIRD PARTY DATA PROVIDERS. IDENTITYTRUTH DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER IDENTITYTRUTH 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 IDENTITYTRUTH HAS NO LIABILITY FOR SUCH FAILURE. IN NO EVENT WILL IDENTITYTRUTH WARRANT OR GUARANTY THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS OF ANY INFORMATION, PRODUCTS, OR SERVICE ON THIS WEB SITE. THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THE WEB SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR WEB SITE, PRODUCTS, SERVICE AND CONTENT ARE AT YOUR OWN RISK. b.) For purposes of convenience, IdentityTruth's Web Site contains links to third party Web sites. IdentityTruth makes no representations or warranties about any third party Web site that you may access through the links. By providing a link to those third party Web sites, IdentityTruth does not endorse, adopt, or otherwise accept any responsibility for the content or use of those third party Web sites. When you access a non-IdentityTruth web site, please understand that IdentityTruth has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature.
Limitation of Liabilities. You agree that IdentityTruth is not responsible for any data compiled by our Service and that IdentityTruth will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. IN NO EVENT SHALL IDENTITYTRUTH , OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICE OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEB SITE, OR ANY LINKED WEB SITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF IDENTITYTRUTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES , INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. IDENTITYTRUTH'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE, THE WEB SITE, ANY PRODUCTS OR CONTENT MAY NEVER EXCEED THE AMOUNT PAID BY YOU TO IDENTITYTRUTH FOR THE SERVICE FOR THE PROCEEDING TWELVE MONTHS. 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.
Miscellaneous Provisions. a.) These Terms are governed by the laws of the State of Texas, USA, and applicable federal law, 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 AUSTIN, TEXAS, 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.
b.) Regulatory Disclosures. THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. You have the right to a free credit report from AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law. 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. The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. You are entitled to receive a free copy of your credit report from a credit reporting agency if: You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you are a resident of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you may receive one free copy of your credit report each year from the credit bureaus. If you are a resident of Georgia, you may receive two free copies of your credit report each year from the credit bureaus. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report. The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report.
c.) Third Party Products and Web Sites. We may offer or provide you access to products or services provided by third parties, including but not limited to promotional or incentive offers. You also may access through the Web Site other products, services and web sites provided by third parties. IdentityTruth does not control or bear any responsibility for those products, services, web sites or third parties, including but not limited to performance or availability, or use by those third parties of your personal information.
d.) Links. You are granted a limited, non-exclusive right to create a hypertext link to the Web Site found at https://www.identitytruth.com/; provided such link does not portray IdentityTruth and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any IdentityTruth trademark, logo or other proprietary information, including the images found at the Web Site, the content of any text or the layout/design of any page or form contained on a page without IdentityTruth's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of IdentityTruth or any third party.
e.) Intellectual Property. (i) The Web Site contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by IdentityTruth, including but not limited to, the marks "IdentityTruth", "idtruth", "EARLIEST POSSIBLE NOTIFICATION", and "PREDICTIVE IDENTITY DETECTION". IdentityTruth and the IdentityTruth product names referenced in the Web Site are either trademarks, service marks or registered trademarks of IdentityTruth, Inc. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by IdentityTruth. No use of any IdentityTruth trademark may be made by any third party without express written consent of IdentityTruth. Other products and company names mentioned in the Web Site may be the trademarks of their respective owners.
(ii) Copyright IdentityTruth, Inc., 2011. All rights reserved. No part of IdentityTruth's Web Site may be reproduced, modified, or distributed in any form or manner without the prior written permission of IdentityTruth.
(iii) Elements of IdentityTruth's Web Site are protected by trade dress, trademark, unfair competition, and other laws and may not, unless otherwise permitted hereunder, be copied in whole or in part. No logo, graphic, or image from the Web Site may be copied or retransmitted without IdentityTruth's express written permission.
(iv) The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed on the Web Site are the property of IdentityTruth or its licensors and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Content within the Site, IdentityTruth owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Web Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of IdentityTruth or the owner of the Content.
f.) Policy Regarding Children. We define children as individuals under the age of 16. Our Web Site is not intended for the use of children and we do not intend to collect information about children through our Web Site. You must be at least 18 to access any products through the Web Site or become a subscriber to the Service.
g.) Notices. (i) You should send any notices or other communications regarding our Web Site or the Service to IdentityTruth, Inc., 7500 Rialto Blvd., Suite 260, Austin, Texas 78735 USA, Attention: Legal.
(ii) Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we have on file for you. If you wish to update your registration information, please log in to your account and visit the 'Your Account' section from the main menu.
h.) Termination. These Terms will take effect at the time you utilize the Web Site and/or any Service and shall terminate (a) when either party gives notice of termination to the other party hereto; to IdentityTruth via the toll-free number set forth on the web site for cancellations, (b) upon termination of your membership or (c) if IdentityTruth discontinues providing any membership, subject to your right to receive membership benefits that you have paid for.
Effective Date: July 8, 2011.
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