October 2016

These Terms and Conditions (“Terms and Conditions”) apply to all transactions between you and Identity Intelligence Group, LLC d/b/a IdentityIQ, and its parent companies, subsidiaries, affiliates, divisions, contractors and all data sources and suppliers, all of which are collectively referred to herein as “IDIQ” made at www.IdentityIQ.com (the “Website.”) By submitting your order through our secure order form, you (i) acknowledge receipt of our Privacy Policy and agree to its terms, (ii) confirm your authorization for IDIQ to obtain one or more of your consumer credit reports (“Basic Report”), credit scores (“Scores”) and other enhancements to the Basic Report, and other products and services, and (iii) agree to these Terms and Conditions. If you do not agree with any of these terms or conditions, do not access or otherwise use this Website, the products and services, or any information or content contained on this Website. For purposes of these terms and conditions, the term “Credit Reports” includes Basic Reports, Scores and other enhancements to Basic Reports, individually or collectively, as the context requires.

YOUR USE OF THE WEBSITE, CONTENT AND SERVICES BEING PROVIDED TO YOU ARE SUBJECT TO THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THEM CAREFULLY. YOUR ACCEPTANCE AND USE OF THE SERVICES CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE THE SERVICES OR ANY OF THE INFORMATION WITHIN THE SERVICES; DISCARD THE SERVICES YOU RECEIVED IMMEDIATELY AND CALL CUSTOMER SERVICE TO CANCEL YOUR MEMBERSHIP. MOREOVER, IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE, THE SERVICES OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS.

These Terms and Conditions are made between you and IDIQ, the providers of this Website. Your agreement to these Terms and Conditions forms a binding agreement between you and IDIQ. The Website, all products offered on this Website, including but not limited to the membership-based products (including, but not limited to, the Credit Reports) and non-membership based services (collectively, the “Services”), are subject to these Terms and Conditions, which may be updated from time to time. All text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements to the Website (collectively, the “Content”) are subject to these Terms and Conditions, which may be updated from time to time in the sole discretion of IDIQ. Please check this Website regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Services, Website and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Terms and Conditions.

USE OF THIS WEBSITE

The information on this Website is intended as a convenience and a service for IDIQ’s customers and potential customers. You are not permitted to restrict or inhibit any other user from using or enjoying this Website. The copying, framing, mirroring, scraping or data-mining of this Website or any of its contents in any form or by any method is strictly prohibited. Access to this Website does not grant you any right, license or privilege to reproduce, publish or use any material on this Website or any property of IDIQ except as expressly set forth herein. Any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other materials you transmit to us through e-mail or this Website will become our property and may be used by us at any time and for any purpose, without restriction, unless otherwise agreed by IDIQ. In your use of this Website, you shall not knowingly nor negligently transmit any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.

USE OF THE SERVICES

In consideration of your use of the Content and Services, you agree to provide true, accurate and current information about yourself as prompted by the applications forms on this Website. You certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if IDIQ has reasonable grounds to suspect that such information is untrue, inaccurate or not current, IDIQ, at its sole discretion, has the right to suspend or terminate your use of any Services and refuse all current or future access to the Content and use of the Services or suspend or terminate any portion thereof. Further, you agree that IDIQ will not be liable to you or any third party if IDIQ suspends or terminates your access to the Content or Services for any reason.

IDIQ prepares Credit Reports through relationships with one or more third party providers including CoreLogic Credco, LLC (“CREDCO”). Your use of the Services may also be subject to CREDCO’s Terms and Conditions. Click here for a copy of their Terms and Conditions.

IdentityIQ is not a credit counseling service and does not promise to help you obtain a loan or improve your credit record, history, or rating. IdentityIQ does not bear any responsibility for the content, accuracy, or completeness of the credit report.

You understand that by submitting your order you are providing “written instructions” in accordance with the Fair Credit Reporting Act, as amended (the “FCRA”), for IdentityIQ to obtain information from your personal credit profile from any consumer reporting agency. You also authorize IdentityIQ to access your personal credit profile to verify your identity and to provide credit monitoring, reporting and scoring products.

YOU UNDERSTAND THAT IT MAY BE A VIOLATION OF FEDERAL AND/OR STATE LAW FOR YOU TO OBTAIN A CREDIT REPORT ON ANY PERSON OTHER THAN YOURSELF, AND THAT UNDER THE FCRA, ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN 2 YEARS, OR BOTH.

ARBITRATION

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND IDIQ, INCLUDING, BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). NEITHER YOU NOR IDIQ SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

FCRA DISCLOSURES

The FCRA allows you to obtain copy of all of the information in your consumer credit file disclosure from consumer reporting agencies for a reasonable charge. Full disclosure of information in your file at the three national credit repositories must be obtained directly from the repositories by calling:

Experian: www.experian.com
Equifax: www.equifax.com
Trans Union: www.transunion.com

The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:

  • You certify in writing that you are unemployed and intend to apply for employment in the 60 day period beginning on the day you make the certification;
  • You are on public welfare assistance;
  • You have reason to believe that your file at the consumer reporting agency contains inaccurate information due to fraud; or
  • You have been denied credit, insurance, or employment within the past 60 days as a result of your Credit Report.

The FCRA also permits consumers to dispute inaccurate information in their Credit Report without charge. Accurate information cannot be changed. You do not have to purchase your Credit Report or other information from IDIQ to dispute inaccurate or incomplete information in your credit file maintained by Experian, Equifax, or TransUnion.

The Credit Report(s) you are requesting from IDIQ is not intended to constitute the disclosure of Experian, Equifax, or TransUnion information required by the FCRA or similar state laws.

The FCRA allows consumers to get one free comprehensive disclosure of all the information in their credit file from each of the Repositories once every 12 months through a central source. Although comprehensive, the Credit Reports from each of the Repositories that are available from the IDIQ Website may not have the same information as a credit report obtained directly from the three Repositories or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free 877-FACTACT (877-322-8228) or by using the mail request form available at the central source website. The Services at this Website are not related to the free FCRA disclosure that you may be entitled to.

Consumers residing in the states of Colorado, Maine, Maryland, Massachusetts, New Jersey, and Vermont may receive an additional free copy of their credit report once per year and residents of the state of Georgia may receive two (2) additional copies per year. For Illinois residents, 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.

Click here for a full text of your summary of rights.

MODIFICATION OF SERVICES

IDIQ may, at its discretion and without notice to you, modify or discontinue any of the Services or Content or a portion thereof. You agree that IDIQ will not be liable to you or any third party for any modification or discontinuance of any of the Services or Content.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to provide instant online delivery of your Credit Report. For certain Services, when the system is unable to verify your identity, you may be routed through a manual authentication process. After your identity has been verified, we will direct you back to the Website, where you can access your Credit Report online.

You must have an email address and a Java-compatible browser such as Internet Explorer 5.0 or higher, AOL 8.0 or higher, or Netscape Navigator 6.0 or higher, to receive your reports online. IDIQ is not responsible for any overdraft/over-the-limit charges or bank fees if your account contains insufficient funds when your order is processed and billed.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE, THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT, TOOLS AND CALCULATORS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. IDIQ AND ITS RESPECTIVE SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS WEBSITE DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. IDIQ AND ITS RESPECTIVE SUPPLIERS MAKE NO WARRANTY THAT (I) THE SERVICES AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE RELIABLE.

YOU UNDERSTAND AND AGREE THAT IDIQ AND ITS RESPECTIVE SUPPLIERS WILL NOT BE LIABLE FOR ANY REASON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE WEBSITE, SERVICES, MEMBERSHIP BENEFITS OR CONTENT, OR FROM YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE, EVEN IF IDIQ OR ITS RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, AND IN THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON IDIQ, THEN YOU AGREE THAT ANY SUCH LIABILITY, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO IDIQ FOR THE SERVICE(S) YOU PURCHASE FROM IDIQ.

THIRD-PARTY WEBSITES

As a convenience to you, IDIQ may provide links to websites owned or operated by other entities and persons. If you use these websites, you do so at your own risk. IDIQ makes no warranties or representations regarding, and shall not be liable or responsible for, any linked websites, your use of such sites, or the comprehensiveness or accuracy of information or materials appearing thereon or any products, publications, subject matter or services described thereon. Furthermore, links do not imply that IDIQ sponsors, endorses or is affiliated or associated with such sites, or that any linked website is authorized to use any trademark, trade name, logo or copyright of IDIQ.

INTELLECTUAL PROPERTY

You acknowledge and agree that (a) all Content is the copyrighted work of IDIQ or its third party content suppliers and is protected by copyright laws, (b) IDIQ’s names, the domain www.IdentityIQ.com, the IdentityIQ and IDIQ logos, all page headers, customer graphics and button icons are service marks, trademarks and/or trade dress of IDIQ and/or IdentityIQ (collectively, the “Marks”), and (c) all other trademarks, product names, company names or logos on the Website are the property of their respective owners and you have no right to use nor copy such property. In addition to agreeing to comply with all applicable laws in connection with your use of this Website, you agree you will not use any such Content or Marks from this Website for any purpose without the appropriate prior written authorization.

SERVICE-SPECIFIC TERMS AND CONDITIONS

The terms explained below are service specific and apply to the particular service indicated in addition to the terms and conditions listed above.

Registering for any Service: To enroll in a monthly credit monitoring Service or to request a Credit Report or Score, you must complete an online registration form, which must include an address within the United States, and you agree to be bound by these Terms and Conditions. You must provide valid credit card information. We will then evaluate your complete registration information. We are not able to accept and process joint registration for a married couple. You may also enroll in an annual credit monitoring Service by contacting our Customer Service organization at (877-875-IDIQ(4347)).

Credit Monitoring

You understand and agree that we provide a credit monitoring service. We give you access to one or more of your Credit Reports and we help you understand the information contained in your Credit Reports. We are not a credit repair organization. We cannot improve your Credit Reports, credit history or credit rating, nor do we provide you with advice or assistance in improving your Credit Reports, credit history or credit rating. Accurate adverse information on your Credit Reports cannot be changed. If you believe that your Credit Reports contain inaccurate information, it is your responsibility to contact the relevant Repositories, and follow the appropriate procedures for notifying the Repository that you believe that your Credit Report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various Repositories related to the removal of inaccurate information is provided without charge to you and is available for free. Any such information is not included as part of your credit monitoring service but is provided free of charge to all consumers, regardless of whether they are members of the credit monitoring service.

Your membership in credit monitoring is effective for the period covered by your membership fee and continues upon your payment of the monthly/annual renewal fee. Renewal fees for your membership will be charged automatically, at the then-current rate, to the credit card or other billing source authorized by you, until you cancel your membership. Should you choose to discontinue your membership for any reason before expiration of the then-applicable membership term for which you have paid, you may cancel your membership and terminate further billing by calling the toll-free number listed in the Membership Section on this Website. If you are an annual subscriber who is eligible for a refund and choose to cancel within 180 days of when you were billed, you will receive a prorated refund of your current year’s membership fee. If you are a monthly subscriber and choose to cancel after your free trial ends, your membership and monthly billing will terminate immediately and you will not be eligible for a prorated refund of any portion of your paid monthly membership fee. IDIQ reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership.

Please note that it can take two to three weeks for new members to be enrolled in credit monitoring. IDIQ does not control and is not responsible for the enrollment process. Your enrollment in credit monitoring is dependent on the Repositories being able to enroll you in credit monitoring. If you are not able to be enrolled in credit monitoring, you will not receive alerts of changes to your Credit Report. If you are successfully enrolled in credit monitoring, alerts will be delivered to the email address that is given to IDIQ when you enroll in credit monitoring. It is your responsibility to update your email address if it should change.

Credit Monitoring Membership with Trial: The free trial is a special offer limited to select first-time customers only. Returning members will be billed the membership fee immediately upon renewal. During your trial period, you are eligible for one or three free reports and/or scores as dictated by your specific membership terms. You will be asked for valid credit card information when you sign up for the credit monitoring trial. IDIQ will verify your credit card information before processing your order. An authorization will be performed on your credit card to make sure it is valid and in good standing, but we do not bill your card until the free trial period has passed. If you do not cancel during your trial period, your membership will continue automatically and the monthly/annual fee will be billed to the credit card or other billing source authorized by you.

Credit Monitoring Membership Without Trial: The monthly/annual fee for a credit monitoring membership without a trial period will be billed immediately to the credit card or other billing source authorized by you.

Credit Reports and Credit Scores

3-Bureau Credit Reports, 1-Bureau Credit Report, Scores: When you use our online Services to access your personal Credit Report(s) and/or Score(s), you are certifying that you understand and agree to the following:

  • You may access your Credit Report(s) and/or Score(s) for 30 days from the date of payment;
  • Refunds will not be issued once we have successfully located and delivered your Credit Report(s) and/or Score(s) or after any trial period;
  • If you have any questions regarding any of your Credit Report or would like to dispute information contained in them, you may request an investigation by contacting the Repository/Bureau that supplied the information, as indicated in your Credit Report; and
  • For your protection, if you are inactive (have not clicked on an item or refreshed the page) for a period of 20 minutes or more when reviewing your Credit Report and/or Score online, your session will conclude and you will be logged out.

Disclaimers: IDIQ is not responsible for the accuracy or contents of your credit files, including but not limited to information delivered in the Credit Reports and/or Scores.

GENERAL PROVISIONS

Governing Law

These terms and conditions are governed by the laws of the State of Nevada without regard to conflict of law provisions with the exception of the Arbitration provision, which shall be governed by the Federal Arbitration Act. YOU HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEVADA FOR THE PURPOSES OF ANY PROCEEDINGS ARISING OUT OF THESE TERMS AND CONDITIONS.

Entire Agreement

These Terms and Conditions, the Privacy Policy, and other policies IDIQ may post constitute the entire agreement between IDIQ and you in connection with your use of this Website, the Services, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. IDIQ may update these Terms and Conditions from time to time by posting revised Terms and Conditions on this Website, without notice to you, and your subsequent use of the Website is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by IDIQ. In the event of termination, the Intellectual Property, Disclaimers and Limitations of Liability, and Governing Law provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Website, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Privacy Policy Notice

IDIQ’s policy on how your personal information is used and disclosed is contained in our Privacy Policy. The Services provided under this Agreement are web-based and you agree to accept this notification, revisions, and the provision of an annual notice electronically through this Website.