cigna.identityforce.com
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Submitted URL: https://u8718684.ct.sendgrid.net/ls/click?upn=c5xukOe5Km-2FX79RKM6mUHkScXT7d3MNfbWP0FHOMHMSugQbeHJ22rMkx9qTGSJfme31LKdIWMAJx54bwd...
Effective URL: https://cigna.identityforce.com/DesktopModules/CgwHomePageInfo/Controls/LegalDocuments/TermsAndConditions/tabid/434/Default.aspx
Submission: On July 13 via api from US — Scanned from DE
Effective URL: https://cigna.identityforce.com/DesktopModules/CgwHomePageInfo/Controls/LegalDocuments/TermsAndConditions/tabid/434/Default.aspx
Submission: On July 13 via api from US — Scanned from DE
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<div class="triple-layer-defense-popup security-popup none">
<h3>Your Data Is Protected by Triple Layer Defense<sup>SM</sup></h3>
<p>All your information is stored using the highest level of encryption from our Triple Layer Defense<sup>SM</sup> system. Our system has been independently verified and is continuously audited to ensure our high standards of security.</p>
<p>This means your information is encrypted in transit, in use and at rest.</p>
<p>Additionally, your stored data is...</p>
<ul>
<li>Encrypted at the system level in the cloud</li>
<li>Encrypted within your unique account </li>
</ul>
<p>Be sure to take advantage of all your account features and keep your information up-to-date in your Online Identity Vault<sup>TM</sup>.</p>
<a class="btn btn-large btn-green" onclick="overlayClose('triple-layer-defense-popup');">Close</a>
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<table class="header_container">
<tbody>
<tr>
<td>
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<span></span>
<span></span>
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<p>Menu</p>
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<ul class="top_links fr cr">
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<div class="outerTabContainer">
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<h1 class="inline">
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</li>
<li>
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<li>
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</li>
<li>
<a href="/IndividualProductDescription/tabid/10074/Default.aspx?service=SVCLVL-TU-CRDMON-1B" id="dnn_skinHeader_UC_CgwHeaderNav_cgwServiceNAVControl_individualRepeater_ctl13_serviceLink"><span class="innerTabContainer">1-Bureau Credit Monitoring </span></a>
</li>
<li>
<a href="/IndividualProductDescription/tabid/10074/Default.aspx?service=SVCLVL-TU-ACRDRPT-SCORE" id="dnn_skinHeader_UC_CgwHeaderNav_cgwServiceNAVControl_individualRepeater_ctl14_serviceLink"><span class="innerTabContainer">1-Bureau Annual Credit Report & Score</span></a>
</li>
<li>
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</li>
<li>
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</li>
<li>
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</li>
<li>
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</li>
<li>
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<li>
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<li>
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<li><a href="https://www.identityforce.com/about/newsletter" id="dnn_skinHeader_UC_CgwHeaderNav_whyUsTabListControl_tabsRepeater_ctl02_tabLink" target="_blank">Newsletter</a></li>
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<li id="dnn_skinHeader_UC_CgwHeaderNav_liidentityTheft101Tabs">
<div class="outerTabContainer">
<a id="dnn_skinHeader_UC_CgwHeaderNav_lbtnidentityTheft101Tabs" href="javascript:__doPostBack('dnn$skinHeader$UC_CgwHeaderNav$lbtnidentityTheft101Tabs','')"><span class="innerTabContainer">Identity Theft 101</span></a>
</div>
<ul class="">
<li><a href="/Default.aspx?tabname=WhatIsITP" id="dnn_skinHeader_UC_CgwHeaderNav_identityTheftTabListControl_tabsRepeater_ctl01_tabLink">What are Identity Crimes?</a></li>
<li><a href="https://www.identityforce.com/personal/resource-articles" id="dnn_skinHeader_UC_CgwHeaderNav_identityTheftTabListControl_tabsRepeater_ctl02_tabLink" target="_blank">Resources</a></li>
</ul>
</li>
</ul>
<div class="cb">
</div>
</div>
</div>
<!-- CDI:Leave PageHeader -->
<div id="dnn_InnerHeaderPane" class="inner_header"><a name="1384"></a>
<span id="dnn_ctr1384_ContentPane" class="DNNAlignleft"><!-- Start_Module_1384 -->
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<div class="page_title inner_header_termsAndConditions" style="background: none;">
<h1 style="color:#FFF;line-height:35px">Terms of Use</h1>
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<div class="cb"></div>
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<h2>TERMS OF USE</h2>
<div class="content-wrapper">
<section class="section cf full-width-bar text">
<p><em>This Terms of Use was last revised on December 1, 2021.</em></p>
<p>PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING AGREEMENT AND CONDITIONS FOR YOUR USE OF THE SITE. THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING
CLAIMS AGAINST US IN A CLASS ACTION FORMAT.</p>
<p>To view, print or download the Terms of Use click <a href="https://www.sontiq.com/wp-content/uploads/2021/12/Sontiq-Terms-of-Use-12.1.21.pdf" target="_blank">here</a>. To view, print or download our full Privacy Notice,
click <a href="https://www.sontiq.com/wp-content/uploads/2021/12/Sontiq-Privacy-Notice-12.1.21.pdf" target="_blank">here</a>.</p>
<p style="text-align: center;"><strong>Introduction</strong></p>
<p>Welcome to the Sontiq website. This website is owned and operated by Sontiq, Inc. (“Sontiq” “we”, “our”, or “us”). This Terms of Use (“Agreement”) governs your use of
<a href="https://www.Sontiq.com" target="_blank">www.Sontiq.com</a> and your use of any interactive features, widgets, plug-ins, mobile applications (including but not limited to the IdentityForce and Sontiq (MySontiq or
Sontiq Business Suite) mobile applications (the “App”)), content, downloads and/or other online services that we own and control and that post a link to this Agreement (collectively, the “Site”). The Agreement contains the
terms and conditions upon which you (“you” or the “member”) may access the Site or purchase any products or services through the Site.</p>
<p><strong><u>Authorization to Access Credit Report </u></strong></p>
<p>Credit reports and access to credit data is only provided to North American users in either the United States or Canada.</p>
<p><strong><em><u>For Credit Report/Credit Monitoring users based in the United States</u></em></strong></p>
<p>You understand that by clicking on any “I AGREE” button on the Site, you are providing “written instructions” to Sontiq and TransUnion LLC under the Fair Credit Reporting Act (“FCRA”) authorizing Sontiq and TransUnion LLC
to obtain information from your personal credit profile, including debts related to medical services, from TransUnion. You agree that the information you provide is true and correct, that you are the person whose credit
report is being requested, and that you are at least eighteen (18) years of age. You authorize the above parties to obtain such information solely for the purpose of accessing your credit report to verify your identity in
order to avoid fraudulent transactions in your name and to provide credit reporting, monitoring, scoring and other credit related products. Under FCRA laws, any person who knowingly and willfully obtains a credit report
under false pretenses (for example getting a credit report on an individual without their consent), shall be fined under title 18, United States Code, imprisoned not more than two (2) years, or both.</p>
<p><strong><em><u>For Credit Report/Credit Monitoring users based in Canada</u></em></strong></p>
<p>You understand that by clicking on any “I AGREE” button on the Site, you are providing “written instructions” to Sontiq and TransUnion Interactive authorizing Sontiq and TransUnion Interactive to obtain information from
your personal credit profile from TransUnion. You agree that the information you provide is true and correct, that you are the person whose credit report is being requested, and that you are at least eighteen (18) years of
age. You authorize the above parties to obtain such information solely for the purpose of accessing your credit report to verify your identity in order to avoid fraudulent transactions in your name and to provide credit
reporting, monitoring, scoring and other credit related products. All rights afforded under PIPEDA, or substantially similar provincial legislation, apply to users in Canada.</p>
<p><strong><u>Privacy Notice and Additional Terms</u></strong></p>
<p>By using the Site, you acknowledge and accept the Site’s
<a class="privacy-policy-url" href="https://cigna.identityforce.com/DesktopModules/CgwHomePageInfo/Controls/LegalDocuments/PrivacyPolicy/tabid/209/Default.aspx" target="_blank">Privacy Notice</a> and consent to the
collection and use of your data in accordance with the
<a class="privacy-policy-url" href="https://cigna.identityforce.com/DesktopModules/CgwHomePageInfo/Controls/LegalDocuments/PrivacyPolicy/tabid/209/Default.aspx" target="_blank">Privacy Notice</a>. Each time you access and/or
use the Site (other than to simply read this Agreement), you agree to be bound by and comply with the Agreement and any Additional Terms (defined below) then posted. Therefore, do not use the Site if you do not agree.</p>
<p>In some instances, both this Agreement and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Site or to a service or product
offered via the Site (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional
Terms expressly state otherwise.</p>
<p><strong><u>Data Protection</u></strong></p>
<p>We take data protection very seriously. We take all reasonable steps to ensure that your personal information (“data”) is secure and processed in accordance with all applicable data protection laws and regulations.</p>
<p><strong><em><u>Data Protection for users based in European Union member Countries<br> </u></em></strong>In particular, to the extent that you are an EU resident we will process your data in accordance with the requirements
of the EU General Data Protection Regulation (Regulation (EU) 2016/679 (“GDPR”)).</p>
<p>To the extent that you are an EU resident and your data is transferred to a third party for any processing purposes, we secure contractual commitments from such third parties and take such reasonable steps as are necessary
to ensure that they also meet the requirements of the GDPR as appropriate and provide at least an equivalent level of protection for your data as we do. We have a legitimate interest in requesting that you provide us with
certain data as provision of the particular data that we will request from you is necessary in order to allow us to provide our service(s) to you. Equally you have a legitimate interest in providing that data to us in order
to allow us to fulfil your request for our professional service(s).</p>
<ol class="mb-1em">
<li><strong><u>Site Content, Ownership, Limited License, and Rights of Others</u></strong>
<ol class="upper-alpha-style">
<li><strong>Content</strong>. The Site contains a variety of: (i) materials and other items relating to Sontiq and its products and services, and similar items from our licensors and other third parties, including all
layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs,
technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and
object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Sontiq, its clients, and its vendors including but not limited to TransUnion®,
Experian®, Equifax®, AIG®, Assurant®, or Hamilton Insurance DAC® (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).</li>
<li><strong>Ownership</strong>. The Site and the Content are owned or controlled by Sontiq and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is
the property of Sontiq or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition
rights and laws to the fullest extent possible. Sontiq owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.</li>
<li><strong>Limited License</strong>. Subject to your strict compliance with this Agreement and the Additional Terms, Sontiq grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable
license to: download (temporary storage only when accessing via a standard Internet browser), display, view, use, play, and/or print one (1) copy of the Content on a personal computer, mobile phone or other wireless
device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest
in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Sontiq’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to
and use of Content, subject to certain Additional Terms. If you enroll in certain of our subscription-based products or services, during your Subscription Term (defined below), we provide you with a non-exclusive and
revocable license to access and/or download our online protection tools and other services available through our App.</li>
</ol>
</li>
<li><strong><u>Membership and Payment Terms</u></strong></li>
</ol>
<p>Sontiq can only provide certain products and services to those individuals who are either U.S. or Canadian citizens or residents while other products and services may be available to residents of specific countries outside
of North America as specifically made available on the Site. Depending upon the membership or other services you enroll in, register for, or otherwise sign up for or subscribe to use (collectively, “enroll”), we may permit
you to be enrolled: (i) by telephone, (ii) at our Site, (iii) by some other method we expressly permit, or (iv) by a third party who is authorized to enroll you on your behalf (collectively, the “Enrollment Process”). If
your membership is paid for by a third party, you will not be asked to provide payment information and you will not be charged for the membership program you enroll in. Otherwise, Sontiq will charge the membership fee and
each renewal fee to your credit card or bank account, at the then prevailing rate and your membership will continue automatically. Sontiq will charge this membership fee to the credit card or bank account that was most
recently used on the Site or otherwise provided at the time of registration. By submitting your credit card or bank account information to us, you hereby agree that you authorize us to charge your card or your bank account,
as applicable, at our convenience but in any event within thirty (30) days of initial credit card or bank account authorization and thereafter automatically within thirty (30) days after each renewal date. Should your credit
card or online check fail to authorize, you will be notified via email to the email address provided to us by you. The benefits of your membership (including, without limitation, online credit reports and monitoring alerts)
may be suspended until payment is received. If payment is not received within thirty (30) days, any previous alerts you have received may be purged from our database, and your membership may be cancelled. You agree that
Sontiq will not be liable to you or any third party for termination of your membership or access to the Site.</p>
<p><strong>Subscription Term & Termination</strong></p>
<p>Except in the event of a trial offer, your subscription will commence as of the date your payment for a subscription is received by Sontiq. Your subscription will continue in full force for the length of the term you
specifically purchased or on a month-to-month term until such time as you cancel the subscription as further explained below (the “Subscription Term”). In the event that you cancel a subscription in the middle of your
Subscription Term, you will be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. Sontiq will have the right, upon written notice to you, to terminate this Agreement, and suspend
your access to your subscription, if: (a) you fail to pay Sontiq any amount due to Sontiq under this Agreement; and/or (b) you materially breach any term or condition of this Agreement. Sontiq shall have the right to
terminate this Agreement and suspend your access to your subscription with or without cause, upon thirty (30) days written notice to you in which case you will no longer be charged for access to the subscription. Upon the
expiration or termination of this Agreement for any reason, your access to, and use of, your subscription will terminate.</p>
<p><strong>Trial Periods/Promotional Offerings</strong></p>
<p>We may offer promotional trial subscriptions to access the Site for a limited time or at special discounted prices. If you sign up for a trial use, your rights to use the Site are limited by the terms of such trial and will
terminate or renew on the terms of your trial arrangement and/or any applicable Additional Terms. Please be aware that when you sign up for a trial period, you will be required to provide your credit card number and Sontiq
will confirm your credit card is valid. When we process your credit card, some credit card companies may place a temporary hold on your account for your first payment. Please contact your credit card company if you have
questions. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.</p>
<p>ONCE YOUR TRIAL PERIOD ENDS, WE, OR A THIRD-PARTY PAYMENT PROCESSOR ON OUR BEHALF, WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES)
FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PERIOD. INSTRUCTIONS FOR CANCELING YOUR MEMBERSHIP SUBSCRIPTION ARE DESCRIBED BELOW. PLEASE NOTE THAT, DEPENDING
ON YOUR METHOD OF PAYMENT USED, YOU MAY OR MAY NOT RECEIVE A NOTICE FROM US THAT YOUR TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE TRIAL PERIODS AT ANY
TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.</p>
<p><strong>Communications with Credit Reporting Agencies</strong></p>
<p>As a condition to purchasing any products, services or membership packages from Sontiq, you agree to authorize us to act as agent on your behalf and in your name for all purposes in communications and other dealings with
any credit bureau to the extent necessary for Sontiq to deliver the products, services or packages purchased by you. The communications and other dealings may involve, amongst other things, placing a fraud alert on your
credit file and opting out of marketing list sales where applicable and available in your local jurisdiction</p>
<p><strong>Auto-Renewal of Membership</strong></p>
<p><strong>Certain memberships as indicated at the time of purchase, such as monitoring products and identity theft insurance will automatically renew at the end of your Subscription Term continuously and indefinitely without
action by the member, and the membership fee is charged to the member at the time of renewal.</strong> An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the
membership is cancelled by the enrolled member as set forth in the paragraph below. By providing your payment method information for your subscription, you are agreeing to pay a subscription fee, that will automatically
renew, at the then current rate, unless you cancel prior to the expiration of the current Subscription Term, and any applicable taxes and service fees (collectively, “Fees”). The Fees will be charged to your original payment
method automatically at the beginning of your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of your current Subscription Term,
unless you cancel your subscription or your account is suspended or terminated pursuant to this Agreement. The renewal Subscription Term will be the same length as your initial Subscription Term unless otherwise disclosed to
you at the time of sale. The rate for the renewal Subscription Term will be the then current subscription-rate. The Fees charged to your payment method may vary from Subscription Term to Subscription Term due to changes in
your subscription plan or applicable taxes, and you authorize Sontiq to charge your payment method for these amounts. Sontiq reserves the right to change the pricing of subscription at any time. In the event of a price
change, Sontiq will post the new pricing on the Site and attempt to notify you in advance by sending an email to the address you have registered for your account. You agree that we may change the pricing we charge you for
your subscription and any products/services offered in your subscription package by providing you with notice through an electronic communication from us and you agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our subscription packages through
an electronic communication to you. If you do not wish to accept a price or subscription package change made by us, you may cancel your subscription as described below, otherwise you will be deemed to have consented to the
price/subscription package change and authorize Sontiq to charge the new Fees to your payment method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify
Sontiq within sixty (60) days after they first appear on an account statement.</p>
<p><strong>Cancellation of Membership</strong></p>
<p>A member will have the right to cancel membership at any time upon notice to Sontiq.</p>
<p><strong><em><u>If you are a U.S. resident:</u></em></strong> you can cancel by phone at (888) 676-6847 or, if you purchased your membership at <a href="http://www.IdentityForce.com" target="_blank">www.IdentityForce.com</a>
or any Sontiq-branded website, you can cancel your membership from the Manage Account section of your member dashboard. Upon cancellation, the member loses access to the areas of the Site designated for members only. This
could include any credit and other data and analyses that have been displayed during your membership.</p>
<p><strong><em><u>If you are a Canadian resident:</u></em></strong> you can cancel by phone at (866) 272.1223 or, if you purchased your membership at IdentityForce.com or any Sontiq-branded website, , you can cancel your
membership from the Manage Account section of your member dashboard.</p>
<p><strong><em><u>If you are a resident of a country outside of North America:</u></em></strong> you can cancel by phone by calling us at: +1 <a href="tel:8662055983">(866) 205-5983</a>, or
<a href="tel:5086448726"> (508)-644-8726</a>. You can also reach out to us by email at customersupport@sontiq.com Upon cancellation, the member loses access to the areas of the Site designated for members only. This could
include any credit and other data and analyses that have been displayed during your membership.</p>
<p><strong>Purchases Generally</strong></p>
<p>To purchase any products or services, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. All prices displayed are quoted in U.S. dollars. Prior to the
purchase of any products or services from us, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit
card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us or our third-party credit card processor, you
agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service (including subscriptions) that you order on the
Site, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Sontiq will automatically bill your credit card or other form of payment submitted as part of the
order process for such price.</p>
<p>In order to enroll in, register for and receive one or more services or memberships, you must provide us with the full and accurate personal information that we require for the applicable services, which may include without
limitation, your name, address, telephone number, email address, date of birth, driver’s license number, Social Security Number/Social Insurance Number, and other personal information to verify your identity, as well as
financial information such as your credit card number. You agree to keep all personal information updated and accurate. In the event we do not receive all the required personal information during your Enrollment Process, you
agree that we may, in our sole discretion, use our database, the database of our affiliates, or other resources to attempt to complete the required personal information on your behalf. If we are unable to obtain the required
personal information or you fail to authenticate your identity as may be required, the services for which you have enrolled or registered from us may be limited. Upon completion of the Enrollment Process, and payment to us
of any fees owed, you will become eligible to receive the services for which you have enrolled or registered.</p>
<p>YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SITE DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT. FURTHER, IF YOU
ENROLL IN OR USE OUR CREDIT MONITORING SERVICE AND/OR ANY OF OUR PROTECTION PROGRAMS, YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE PROVIDED US WITH YOUR VALID SOCIAL SECURITY NUMBER (IN THE U.S.), SOCIAL INSURANCE NUMBER (IN
CANADA), OR OTHER NATIONAL IDENTIFICATION NUMBER (IF OUTSIDE OF THE U.S./CANADA), AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL AND BUSINESS ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID
SOCIAL SECURITY NUMBER/SOCIAL INSURANCE NUMBER/NATIONAL IDENTIFICATION NUMBER.</p>
<p><strong>Methods of Payment, Credit Card Terms and Taxes</strong></p>
<p>All payments must be made using a payment card such as Visa, MasterCard, Discover or American Express. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these
Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND
NOT Sontiq, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes)
at the rates in effect when the charges were incurred. Unless you notify Sontiq of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted
by you for all purposes. If Sontiq does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Sontiq or its agents. Sales taxes, or other taxes, customs, import/export
charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or
value-added taxes. Sontiq shall automatically charge and/or withhold the applicable tax for orders in any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
</p>
<p><strong>Refund Policy</strong></p>
<p>All purchase transactions made through the Site are subject to Sontiq’s refund policy in effect at the time of purchase. Currently, Sontiq’s refund policy is that in the event that you cancel a subscription in the middle of
your Subscription Term, you will be entitled to receive a refund for the unused portion of the remainder of that Subscription Term.</p>
<p><strong>Order Acceptance Policy</strong></p>
<p>Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sontiq reserves the right at any time after receipt
of your order to accept or decline your order for any reason. Sontiq further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Your order will be deemed accepted by Sontiq after you sign-up and accept this Agreement. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if
we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged
for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not
provided. Do not assume that a cancellation or change of an order you have placed with Sontiq is effective until you receive a confirmation from Sontiq via email or the Site. As stated above, you will be responsible for, and
your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account
was received.</p>
<p><strong>No Responsibility to Sell Mispriced Products or Services</strong></p>
<p>We do our best to describe every item, product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Site is complete,
accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Sontiq shall have the right to refuse or cancel any orders in its sole
discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply.</p>
<p><strong>Modification to Prices or Billing Terms</strong></p>
<p>The purchase of products and services on the Site is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. SONTIQ RESERVES
THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.</p>
<ol start="3" class="mb-1em">
<li><strong><u>Site and Content Use Restrictions</u></strong></li>
</ol>
<p>You may not use the Site or any Content in a manner which is prohibited by this Agreement. All rights not expressly granted to you are reserved by Sontiq and its licensors and other third parties.</p>
<ol class="upper-alpha-style mb-1em">
<li><strong>Site Use Restrictions.</strong> You agree that you will not: (i) aside from your purchase of goods or services offered for sale by Sontiq or its affiliates, use the Site for any political or commercial purpose;
(ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm to any individuals or entities or are
unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Sontiq; (iv) reverse engineer, decompile,
disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with
your access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Sontiq, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that
restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable
information about other users of the Site, including e-mail addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the
Site, through password mining or any other means; (ix) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the
Site; (x) use the Site to solicit others to join or become members of any other commercial online service or other organizations or (xi) otherwise violate this Agreement or any Additional Terms.</li>
<li><strong>Content Use Restrictions</strong>. You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of
a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii)
you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices
contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications
to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute,
broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by this
Agreement or any Additional Terms or with the prior written consent of an officer of Sontiq or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to
manipulate such Content in any way that adversely affects any user experience.</li>
</ol>
<p> </p>
<ol start="4" class="mb-1em">
<li><strong> <u>Disclaimer or Warranties</u></strong></li>
</ol>
<p>OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, MEMBERSHIP PACKAGES, SUBSCRIPTIONS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”. EXCEPT TO THE EXTENT EXPRESSLY STATED
HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER SONTIQ NOR ITS PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON
OR ACCESSED THROUGH THE SITE OR THE USE THEREOF IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, FREEDOM FROM COMPUTER VIRUS OR OTHERWISE OR AND WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE; THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES; THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR FREE;
THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THERE WILL BE NO UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION. IN
ADDITION, EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THIS AGREEMENT UNDER THE SECTION ENTITLED “LIMITED WARRANTY”, SONTIQ AND ITS PARTNERS EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND
CONTENT ARE AT YOUR OWN RISK.</p>
<ol start="5" class="mb-1em">
<li><strong><u>Limitation of Liability</u></strong></li>
</ol>
<p>THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. BY USING OUR SITE, YOU ACKNOWLEDGE AND
AGREE THAT NEITHER SONTIQ NOR ITS PARTNERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (WHICH SHALL
INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF
OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.</p>
<p>IN NO EVENT SHALL SONTIQ BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF SONTIQ’S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICES OR ANY DELAY IN PROVIDING SERVICES NOR SHALL SONTIQ HAVE ANY ADDITIONAL LIABILITY TO YOU
EXCEPT AS STATED HEREIN.</p>
<p>YOU UNDERSTAND THAT WE ONLY MONITOR YOUR PERSONAL INFORMATION WITHIN OUR NETWORK USING CERTAIN PROPRIETARY TECHNOLOGIES AND DATABASE INFORMATION OWNED BY OR UNDER LICENSE TO US, BUT NOT ALL TRANSACTIONS, INCLUDING THOSE
THAT MIGHT ENTAIL THE POTENTIALLY FRAUDULENT USE OF A CUSTOMER’S INFORMATION, MAY BE MONITORED AND THE SCOPE OF THE NETWORK UTILIZED BY US TO PROVIDE ALERTS MAY CHANGE. YOU ALSO UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO
FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THESE SERVICE TERMS AND COMPLETE THE ENROLLMENT PROCESS FOR ALL OF THE SERVICES TO BE FULLY ACTIVATED.</p>
<p>THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p>
<p>IN NO EVENT SHALL THE LIABILITY OF SONTIQ EXCEED THE FEES YOU PAID FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS.</p>
<ol start="6" class="mb-1em">
<li><strong><u>Indemnification</u></strong></li>
</ol>
<p>You agree to, and you hereby, defend, indemnify, and hold Sontiq harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and
expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Sontiq, arising out of or in connection with: (i) your use
of the Site and your activities in connection with the Site; or (ii) your breach or alleged breach of this Agreement or any Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes,
statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (iv) information or material transmitted through
your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any
misrepresentation made by you; and (vi) Sontiq’s use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Sontiq in the defense of any Claim and
Losses. Notwithstanding the foregoing, Sontiq retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Sontiq reserves the right to assume the exclusive defense and control of any Claims and
Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Sontiq.</p>
<ol start="7" class="mb-1em">
<li><strong><u>Identity Theft Insurance & Restoration Services</u></strong></li>
</ol>
<p>The identity theft insurance benefit for members is underwritten and administered by any one of the following insurance carriers depending upon your program: AIG®, Assurant, or Hamilton Insurance DAC and/or its
affiliates. Coverage is provided under a master group policy issued in the name of Sontiq, Inc. for the benefit of members. A summary of the terms of coverage are set forth on your account dashboard under the “Support”
tab. Details identifying your applicable insurance carrier and other policy information can be found there. The complete policy is available from Sontiq on request. Sontiq’s insurance carrier administers all claims and
Sontiq shall have no responsibility with respect to such identify theft benefit. Restoration services are provided by Sontiq.</p>
<ol start="8" class="mb-1em">
<li><strong><u>Registration and Accurate Information</u></strong></li>
</ol>
<p>If you decide to register on our Site, become a member of one of our membership programs, purchase our products or services or participate in our partner programs, contests or surveys, you may be required to register,
provide personal information, and select a username and password. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send
you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person,
belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole
discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and
promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely
responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Site using your name, username, or password; (v)
You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.</p>
<p>We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.</p>
<p>If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this Agreement, any Additional Terms, or any
applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole
discretion, for any reason, and without advance notice or liability.</p>
<p>While Sontiq takes reasonable measures to safeguard and to protect unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty,
express or implied, that we will prevent unauthorized access to your private information.</p>
<ol start="9" class="mb-1em">
<li><strong><u>Free Access to the Credit File Information held by the Credit Bureaus</u></strong></li>
</ol>
<p><strong><em><u>Notice regarding Access for U.S. users under Fair Credit Reporting Act (FCRA) </u></em></strong></p>
<p>The FCRA 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. The credit report you are requesting from Sontiq is not intended to constitute the disclosure of information by Experian, Equifax, and/or TransUnion as required by
the FCRA or similar laws.</p>
<p>The FCRA provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM Sontiq IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN
YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE (3) NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.</p>
<p>The FCRA allows you to obtain a free disclosure from every national credit reporting agency of the nature and substance of all information in your file at the time of the request. You may request your free annual report
under the FCRA, at <a href="http://www.annualcreditreport.com" target="_blank">www.annualcreditreport.com</a></p>
<p>In addition, the FCRA allows you to obtain a copy of all of the information in your consumer credit file from consumer reporting agencies for a reasonable charge.</p>
<p>You are also entitled to receive a disclosure free of charge directly from the consumer reporting agency under the following circumstances:</p>
<ul class="square-list">
<li>You have been denied credit, insurance or employment within the past sixty (60) days as a result of your credit report.</li>
<li>You certify in writing that your are unemployed and intend to apply for employment in the sixty (60)-day period beginning on the date on which you made the certification.</li>
<li>You are a recipient of public welfare assistance.</li>
<li>You have reason to believe that your file at the credit reporting agency contains inaccurate information due to fraud.</li>
</ul>
<p>The FCRA permits you to dispute inaccurate or incomplete information in your credit file. Accurate information cannot be changed.</p>
<p>You do not have to purchase your credit report or other information from Sontiq to dispute inaccurate or incomplete information in your Experian, Equifax and/or TransUnion file or to receive a copy of your Experian, Equifax
and/or TransUnion file.</p>
<p>If you reside in the States of Colorado, Maine, Massachusetts, Maryland, New Jersey, Puerto Rico or Vermont you may receive a free copy of your consumer credit report once per year and if you are a resident of the State of
Georgia you may receive two (2) copies per year.</p>
<p>Click <a href="https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf" target="_blank">here</a> for a full text of your summary of rights under the FCRA.</p>
<p>
<strong><em><u>Notice regarding Access for Canadian users by the </u></em></strong><a href="https://www.canada.ca/en/financial-consumer-agency.html" target="_blank"><strong><em>Financial Consumer Agency of Canada</em></strong></a>
</p>
<p>Canadian law and rights enforced by the <a href="https://www.canada.ca/en/financial-consumer-agency.html" target="_blank">Financial Consumer Agency of Canada</a> allow you to obtain from each of the two major Canadian
credit bureaus, 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 bureau must be obtained directly from such bureau. The credit report
you are requesting from Sontiq is not intended to constitute the disclosure of information by Equifax Canada and/or TransUnion Canada as required by Canadian laws, Fair Information Practices, or the rights enforced by the
Financial Consumer Agency of Canada.</p>
<p>Canadian law provides that you may dispute inaccurate or incomplete information in your credit report and regarding data held about you by other entities. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM SONTIQ IN
ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX CANADA AND/OR TRANSUNION CANADA.</p>
<p>The Financial Consumer Agency of Canada allows you to obtain a free disclosure from both of the national credit bureaus of the nature and substance of all information in your file at the time of the request. Note that
Equifax Canada refers to your credit report as “credit file disclosure” while TransUnion Canada refers to your credit report as “consumer disclosure”.</p>
<p><em><u>You may request your free annual report:</u></em></p>
<p><em><u>By mail or fax</u></em></p>
<ul class="square-list">
<li>Make your request in writing using the forms provided by <a href="http://www.equifax.com/ecm/canada/EFXCreditReportRequestForm.pdf" target="_blank">Equifax</a> and
<a href="https://www.transunion.ca/resources/transunion-ca/doc/personal/Consumer_Disclosure_Request_Form_en.pdf" target="_blank">TransUnion</a></li>
<li>Provide copies of two pieces of acceptable identification, such as a driver’s license or passport</li>
<li>You must receive your credit report by mail</li>
</ul>
<p><em><u>By telephone</u></em></p>
<ul class="square-list">
<li>Call the credit bureau and follow the instructions <ul class="square-list" style="margin: 0;">
<li>Equifax Canada <br> Tel: 1-800-465-7166</li>
<li>TransUnion Canada <br> Tel: 1-800-663-9980 (except Quebec) <br> Tel: 1-877-713-3393 (Quebec residents)</li>
</ul>
</li>
<li>Confirm your identity by answering a series of personal and financial questions</li>
<li>You may also need to provide your Social Insurance Number and/or a credit card number to confirm your identity</li>
<li>You must receive your credit report by mail</li>
</ul>
<p><em><u>By accessing online</u></em></p>
<p>You may pay a fee to order your credit report online if you want to see it right away. TransUnion allows you to order your credit report online once a month for free.</p>
<p>Canadian law permits you to dispute inaccurate or incomplete information in your credit file. Accurate information cannot be changed.</p>
<p>You do not have to purchase your credit report or other information from Sontiq to dispute inaccurate or incomplete information in your Equifax Canada and/or TransUnion Canada file or to receive a copy of your Equifax
Canada and/or TransUnion Canada file.</p>
<p>Click <a href="https://www.canada.ca/en/financial-consumer-agency/services/credit-reports-score/order-credit-report.html#toc0" target="_blank">here</a> for a full text and explanation of rights provided by the Financial
Consumer Agency of Canada.</p>
<ol start="10" class="mb-1em">
<li><strong><u>Feedback You Submit</u></strong>
<ol class="upper-alpha-style" start="1">
<li><strong><u>General</u></strong>. Sontiq may now or in the future offer users of the Site the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the
Site, messages, text, files, comments, responses, information, content, results, ratings, reviews, suggestions, data, questions, personally identifiable information, or other information or materials and the ideas
contained therein (collectively, “User-Generated Content”). Sontiq may allow you to do this through contact us, email, and other communications functionality. Subject to the rights and license you grant in this
Agreement, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.</li>
<li><strong><u>Non-Confidentiality of Your User-Generated Content</u></strong>. Except as otherwise described in the Site’s posted
<a class="privacy-policy-url" href="https://cigna.identityforce.com/DesktopModules/CgwHomePageInfo/Controls/LegalDocuments/PrivacyPolicy/tabid/209/Default.aspx" target="_blank">Privacy Notice</a> or any Additional
Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Sontiq
does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Sontiq’s request, you will furnish us with any documentation necessary to substantiate the rights
to such content and to verify your compliance with this Agreement or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that
submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with Sontiq, please keep in mind that
we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for software,
apps, books, websites, products, services or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Site are deemed User-Generated Content and
licensed to us as set forth below. In addition, Sontiq retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Sontiq’s receipt of your Unsolicited Ideas and
Materials is not an admission by Sontiq of their novelty, priority, or originality, and it does not impair Sontiq’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas
and Materials.</li>
<li><strong><u>License to Sontiq of Your User-Generated Content.</u></strong> Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User-Generated Content),
you hereby grant to Sontiq, and you agree to grant to Sontiq, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record,
distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any
manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and
with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive,
store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how,
or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you
grant to Sontiq to your User-Generated Content, you also hereby grant to Sontiq, and agree to grant to Sontiq, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in
connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity)
that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner
that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 10(C).</li>
</ol>
</li>
<li><strong><u>Links By You to the Site</u></strong></li>
</ol>
<p>We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b)
the links and the content on your website do not suggest any affiliation with Sontiq or cause any other confusion, and (c) the links and the content on your website do not portray Sontiq or its products or services in a
false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right
of any third party or are otherwise objectionable to Sontiq.</p>
<ol start="12" class="mb-1em">
<li><strong><u>Dispute Resolution and Class Action Waiver</u></strong></li>
</ol>
<p><strong>PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS</strong></p>
<ol class="upper-alpha-style">
<li><strong><u>Disputes Subject to Arbitration</u></strong>. Sontiq and the member agree to arbitrate all disputes and claims between and among them, including, but not limited to:</li>
</ol>
<ol class="number-list">
<li>claims arising out of or relating to any aspect of the relationship between Sontiq and the member, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;</li>
<li>claims that arose before this or any prior agreement between Sontiq and the member (including, but not limited to, claims relating to advertising or disclosures of Sontiq); and</li>
<li>claims that may arise after the termination of the Agreement.</li>
</ol>
<p>Notwithstanding the foregoing, Sontiq and member may bring an individual action in small claims court, provided that it seeks relief that does not affect other members or customers of Sontiq.</p>
<p>Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of Section 12(B) below, is for the court to decide. This Agreement evidences a
transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section of the Agreement. This arbitration provision contained in this Section of the Agreement
shall survive termination of the agreement between us.</p>
<ol class="upper-alpha-style" start="2">
<li><strong><u>Starting the Dispute-Resolution Process</u></strong>. A party (i.e., Sontiq or the member) who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Dispute
Notice”). The Notice to Sontiq should be sent to the address provided in Section 14 of this Agreement. The Dispute Notice must: (i) provide the member’s mailing address, phone number, and account name (if any); (ii)
describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought (“Demand”). Thereafter, Sontiq and the member shall confer in good faith to attempt to resolve the claim or dispute. If
Sontiq and the member do not reach an agreement to resolve the claim or dispute within forty-five (45) days after the Dispute Notice is received, the member or Sontiq may commence an arbitration proceeding with the
Judicial Arbitration and Mediation Services Inc. (“JAMS”).</li>
<li><strong><u>Costs of Arbitration</u></strong>. Sontiq will pay all JAMS filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that the member initiates
will be governed by the JAMS’ streamlined Arbitration Rules and Procedures. However, if you initiate an arbitration in accordance with the notice requirements of Section 12(B) and are seeking relief valued at $500US or
less (both to the member and Sontiq), Sontiq will pay all JAMS filing, administration, and arbitrator fees. If the member’s claim is for greater than $500US but less than $10,000US, Sontiq will pay all such fees in excess
of $20US. After Sontiq receives a notice that the member has commenced an arbitration, Sontiq will promptly reimburse the member for any portion of the filing fee that the member paid that Sontiq has agreed to pay.If the
arbitrator finds that either the substance of the member’s claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure
11(b)), then the payment of all JAMS filing, administration, and arbitrator fees shall be governed by the JAMS Rules, and the member agrees to reimburse Sontiq for any amounts it paid on to JAMS on the member’s behalf.
</li>
<li><strong><u>Arbitration Procedures</u></strong>. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the JAMS’ streamlined Arbitration Rules and Procedures
(collectively, “JAMS Rules”), as modified by this arbitration provision. JAMS shall administer the arbitration. If JAMS is unavailable, the arbitration will be administered by another arbitration provider that the parties
agree to or that the court selects.Unless Sontiq and the member otherwise agree, any arbitration hearings will take place in the county (or parish) of the member’s residence at the time of the filing of the Demand with
JAMS. If the member brings a claim for $10,000US or less, we agree that the member may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic
hearing, or by an in-person hearing as established by the JAMS Rules. If the member’s claim exceeds $10,000US, the right to a hearing will be determined by the JAMS Rules.Arbitrators shall be bound by rulings in prior
arbitrations involving the same customer to the extent required by applicable law.Unless the parties agree otherwise, Sontiq and the member must bring all directly related claims in a single arbitration proceeding. If
Sontiq or the member later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, JAMS or the arbitrator shall either: (i)
consolidate the subsequent arbitration with the earlier proceeding if it is ongoing; or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.Regardless of
the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws
Sontiq may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Sontiq agrees that it will not seek such an award unless the member is represented by an attorney and the arbitrator has
determined that the member’s claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).</li>
</ol>
<ol class="upper-alpha-style" start="5">
<li><strong><u>Prohibition of Class or Representative Actions and Non-Individualized Relief</u></strong>. Sontiq AND THE MEMBER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS
A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both Sontiq and the member agree otherwise, the arbitrator may not consolidate more
than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief
is individualized to the claimant and would not affect other Sontiq members or customers. Neither Sontiq nor the member may seek non-individualized relief that would affect other Sontiq members or customers. If a court
decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in
court.</li>
<li><strong><u>Future Changes to Agreement to Arbitrate</u></strong>. Notwithstanding any provision in this Agreement to the contrary, we agree that if Sontiq makes any future change to this arbitration provision (other than
a change to the address in the Notice Section, website links, or telephone numbers outlined in this Agreement), any such changes will not affect disputes that arose before the effective date of the change.</li>
</ol>
<ol start="13" class="mb-1em">
<li><strong><u>Updates to Agreement</u></strong></li>
</ol>
<p>THIS AGREEMENT AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE AGREEMENT OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH
TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE AGREEMENT AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER AGREEMENTS BY POSTING THEM ON THE SITE
(OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER AGREEMENT FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you
should review the posted Terms of Use and any applicable Additional Terms each time you use the Site. The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date
as may be specified in them or in other notice to you. However, the Agreement (and any applicable Additional Terms) that applied when you previously used the Site will continue to apply to such prior use (i.e., changes and
additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient
notice to establish a new agreement occurs. You can reject any new, revised or Additional Terms by discontinuing use of the Site and related services.</p>
<ol start="14" class="mb-1em">
<li><strong><u>Notices</u></strong></li>
</ol>
<p>You should send any notices or other communications regarding our Site, your membership, products or services to Sontiq, Inc., 9920 Franklin Square Drive, Suite 250, Nottingham, MD, 21236, USA.</p>
<p>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 believe is your
address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to update your
registration information, please log in to your account or:</p>
<ul class="square-list">
<li>If a U.S. resident contact Customer Service at <a href="tel:8886766847">(888)</a><a href="tel:8886766847">676-6847</a>.</li>
<li>If a Canadian resident contact Customer Service at (<a href="tel:8662721223">866) 272-1223</a>.</li>
<li>If you are a resident of a country outside of the U.S. and Canada, you can contact Customer Service by calling us at: +1<a href="tel:8662055983">(866) 205-5983</a> or <a href="tel:5086448726">(508)-644-8726</a>, or via
email to: <a href="mailto:customersupport@sontiq.com">customersupport@sontiq.com</a>.</li>
</ul>
<ol start="15" class="mb-1em">
<li><strong><u>Miscellaneous</u></strong>
<ol class="upper-alpha-style" start="1">
<li><strong><u>Applicable Law</u></strong>. This Agreement will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the Commonwealth of
Massachusetts, without regard to its conflicts of law provisions.</li>
<li><strong><u>Relationship of the Parties</u></strong>. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sontiq as a result of this Agreement, our Privacy Notice or
any use of the Site.</li>
<li><strong><u>Operation of Site; Availability of Products and Services; International Issues</u></strong>. Sontiq controls and operates the Site from its U.S.-based offices in the U.S.A. The Site may describe products
and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Site’s security
or its information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement and any Additional Terms; (iii) investigate any information obtained by us in connection with
reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of this Agreement
and any Additional Terms. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person,
entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Site, or other feature that we provide. You and we disclaim any
application to this Agreement of the Convention on Contracts for the International Sale of Goods. You may not use or export the any software or materials made available on the Site in violation of U.S. export laws and
regulations.</li>
<li><strong><u>Severability; Interpretation</u></strong>. If any provision of this Agreement, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of
competent jurisdiction, then that provision will be deemed severable from this Agreement or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of
this Agreement or the Additional Terms (which will remain in full force and effect). Section headings are provided for convenience only and shall not limit the full Agreement.</li>
<li><strong><u>Termination; Survival</u></strong>. Sontiq reserves the right to discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your
access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Upon suspension or termination of your
access to the Site, or upon notice from Sontiq, all rights granted to you under this Agreement or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The
provisions of this Agreement and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Sontiq in this Agreement, as well
as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.</li>
<li><strong><u>Assignment</u></strong>. Sontiq may assign its rights and obligations under this Agreement and any Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any
Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Sontiq.</li>
<li><strong><u>No Waiver</u></strong>. Except as expressly set forth in this Agreement or any Additional Terms, (i) no failure or delay by you or Sontiq in exercising any of rights, powers, or remedies under will operate
as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this Agreement or any Additional Terms will be effective unless in writing and signed by the party against
whom the waiver or modification is sought to be enforced.</li>
<li><strong><u>Entire Agreemen</u></strong>t. This Agreement and our Privacy Notice constitute the entire agreement between you and Sontiq with respect to the Site, and they supersede all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you and Sontiq with respect to the Site.</li>
</ol>
</li>
<li><strong><u>Terms Applicable For Accessing The App Through An Apple Device</u></strong></li>
</ol>
<p>If you are accessing or using the Sontiq App through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):</p>
<ol class="lower-roman-style">
<li>To the extent that you are accessing the App through an Apple Device, you acknowledge that this Agreement is entered into between you and Sontiq and, that Apple is not a party to this Agreement other than as third-party
beneficiary as contemplated below.</li>
<li>The license granted to you in Section 1 of this Agreement is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see:
<a href="http://www.apple.com/legal/itunes/us/terms.html" target="_blank">http://www.apple.com/legal/itunes/us/terms.html</a>) and any third party terms of agreement applicable to the App.</li>
<li>You acknowledge that Sontiq, and not Apple, is responsible for providing the App and Content thereof.</li>
<li>You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.</li>
<li>To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.</li>
<li>Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Sontiq, Sontiq and not Apple is responsible for addressing any claims you may
have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection or similar legislation.</li>
<li>Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claims.</li>
<li>You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right
(and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.</li>
<li>When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.</li>
<li>You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are
not listed on any U.S. Government list of prohibited or restricted parties.</li>
</ol>
</section>
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</form>Text Content
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TERMS OF USE
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TERMS OF USE
This Terms of Use was last revised on December 1, 2021.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING
AGREEMENT AND CONDITIONS FOR YOUR USE OF THE SITE. THESE TERMS REQUIRE YOU
ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING
CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
To view, print or download the Terms of Use click here. To view, print or
download our full Privacy Notice, click here.
Introduction
Welcome to the Sontiq website. This website is owned and operated by Sontiq,
Inc. (“Sontiq” “we”, “our”, or “us”). This Terms of Use (“Agreement”) governs
your use of www.Sontiq.com and your use of any interactive features, widgets,
plug-ins, mobile applications (including but not limited to the IdentityForce
and Sontiq (MySontiq or Sontiq Business Suite) mobile applications (the “App”)),
content, downloads and/or other online services that we own and control and that
post a link to this Agreement (collectively, the “Site”). The Agreement contains
the terms and conditions upon which you (“you” or the “member”) may access the
Site or purchase any products or services through the Site.
Authorization to Access Credit Report
Credit reports and access to credit data is only provided to North American
users in either the United States or Canada.
For Credit Report/Credit Monitoring users based in the United States
You understand that by clicking on any “I AGREE” button on the Site, you are
providing “written instructions” to Sontiq and TransUnion LLC under the Fair
Credit Reporting Act (“FCRA”) authorizing Sontiq and TransUnion LLC to obtain
information from your personal credit profile, including debts related to
medical services, from TransUnion. You agree that the information you provide is
true and correct, that you are the person whose credit report is being
requested, and that you are at least eighteen (18) years of age. You authorize
the above parties to obtain such information solely for the purpose of accessing
your credit report to verify your identity in order to avoid fraudulent
transactions in your name and to provide credit reporting, monitoring, scoring
and other credit related products. Under FCRA laws, any person who knowingly and
willfully obtains a credit report under false pretenses (for example getting a
credit report on an individual without their consent), shall be fined under
title 18, United States Code, imprisoned not more than two (2) years, or both.
For Credit Report/Credit Monitoring users based in Canada
You understand that by clicking on any “I AGREE” button on the Site, you are
providing “written instructions” to Sontiq and TransUnion Interactive
authorizing Sontiq and TransUnion Interactive to obtain information from your
personal credit profile from TransUnion. You agree that the information you
provide is true and correct, that you are the person whose credit report is
being requested, and that you are at least eighteen (18) years of age. You
authorize the above parties to obtain such information solely for the purpose of
accessing your credit report to verify your identity in order to avoid
fraudulent transactions in your name and to provide credit reporting,
monitoring, scoring and other credit related products. All rights afforded under
PIPEDA, or substantially similar provincial legislation, apply to users in
Canada.
Privacy Notice and Additional Terms
By using the Site, you acknowledge and accept the Site’s Privacy Notice and
consent to the collection and use of your data in accordance with the Privacy
Notice. Each time you access and/or use the Site (other than to simply read this
Agreement), you agree to be bound by and comply with the Agreement and any
Additional Terms (defined below) then posted. Therefore, do not use the Site if
you do not agree.
In some instances, both this Agreement and separate guidelines, rules, or terms
of use or sale setting forth additional or different terms and/or conditions
will apply to your use of the Site or to a service or product offered via the
Site (in each such instance, and collectively “Additional Terms”). To the extent
there is a conflict between this Agreement and any Additional Terms, the
Additional Terms will control unless the Additional Terms expressly state
otherwise.
Data Protection
We take data protection very seriously. We take all reasonable steps to ensure
that your personal information (“data”) is secure and processed in accordance
with all applicable data protection laws and regulations.
Data Protection for users based in European Union member Countries
In particular, to the extent that you are an EU resident we will process your
data in accordance with the requirements of the EU General Data Protection
Regulation (Regulation (EU) 2016/679 (“GDPR”)).
To the extent that you are an EU resident and your data is transferred to a
third party for any processing purposes, we secure contractual commitments from
such third parties and take such reasonable steps as are necessary to ensure
that they also meet the requirements of the GDPR as appropriate and provide at
least an equivalent level of protection for your data as we do. We have a
legitimate interest in requesting that you provide us with certain data as
provision of the particular data that we will request from you is necessary in
order to allow us to provide our service(s) to you. Equally you have a
legitimate interest in providing that data to us in order to allow us to fulfil
your request for our professional service(s).
1. Site Content, Ownership, Limited License, and Rights of Others
1. Content. The Site contains a variety of: (i) materials and other items
relating to Sontiq and its products and services, and similar items from
our licensors and other third parties, including all layout, information,
articles, posts, text, data, files, images, scripts, designs, graphics,
button icons, instructions, illustrations, photographs, audio clips,
music, sounds, pictures, videos, advertising copy, URLs, technology,
software, interactive features, the “look and feel” of the Site, and the
compilation, assembly, and arrangement of the materials of the Site and
any and all copyrightable material (including source and object code);
(ii) trademarks, logos, trade names, trade dress, service marks, and
trade identities of various parties, including those of Sontiq, its
clients, and its vendors including but not limited to TransUnion®,
Experian®, Equifax®, AIG®, Assurant®, or Hamilton Insurance DAC®
(collectively, “Trademarks”); and (iii) other forms of intellectual
property (all of the foregoing, collectively, “Content”).
2. Ownership. The Site and the Content are owned or controlled by Sontiq and
our licensors and certain other third parties. All right, title, and
interest in and to the Content available via the Site is the property of
Sontiq or our licensors or certain other third parties, and is protected
by U.S. and international copyright, trademark, trade dress, patent
and/or other intellectual property and unfair competition rights and laws
to the fullest extent possible. Sontiq owns the copyright in the
selection, compilation, assembly, arrangement, and enhancement of the
Content on the Site.
3. Limited License. Subject to your strict compliance with this Agreement
and the Additional Terms, Sontiq grants you a limited, non-exclusive,
revocable, non-assignable, personal, and non-transferable license to:
download (temporary storage only when accessing via a standard Internet
browser), display, view, use, play, and/or print one (1) copy of the
Content on a personal computer, mobile phone or other wireless device, or
other Internet enabled device (each, a “Device”) for your personal,
non-commercial use only. The foregoing limited license: (i) does not give
you any ownership of, or any other intellectual property interest in, any
Content, and (ii) may be immediately suspended or terminated for any
reason, in Sontiq’s sole discretion, and without advance notice or
liability. In some instances, we may permit you to have greater access to
and use of Content, subject to certain Additional Terms. If you enroll in
certain of our subscription-based products or services, during your
Subscription Term (defined below), we provide you with a non-exclusive
and revocable license to access and/or download our online protection
tools and other services available through our App.
2. Membership and Payment Terms
Sontiq can only provide certain products and services to those individuals who
are either U.S. or Canadian citizens or residents while other products and
services may be available to residents of specific countries outside of North
America as specifically made available on the Site. Depending upon the
membership or other services you enroll in, register for, or otherwise sign up
for or subscribe to use (collectively, “enroll”), we may permit you to be
enrolled: (i) by telephone, (ii) at our Site, (iii) by some other method we
expressly permit, or (iv) by a third party who is authorized to enroll you on
your behalf (collectively, the “Enrollment Process”). If your membership is paid
for by a third party, you will not be asked to provide payment information and
you will not be charged for the membership program you enroll in. Otherwise,
Sontiq will charge the membership fee and each renewal fee to your credit card
or bank account, at the then prevailing rate and your membership will continue
automatically. Sontiq will charge this membership fee to the credit card or bank
account that was most recently used on the Site or otherwise provided at the
time of registration. By submitting your credit card or bank account information
to us, you hereby agree that you authorize us to charge your card or your bank
account, as applicable, at our convenience but in any event within thirty (30)
days of initial credit card or bank account authorization and thereafter
automatically within thirty (30) days after each renewal date. Should your
credit card or online check fail to authorize, you will be notified via email to
the email address provided to us by you. The benefits of your membership
(including, without limitation, online credit reports and monitoring alerts) may
be suspended until payment is received. If payment is not received within thirty
(30) days, any previous alerts you have received may be purged from our
database, and your membership may be cancelled. You agree that Sontiq will not
be liable to you or any third party for termination of your membership or access
to the Site.
Subscription Term & Termination
Except in the event of a trial offer, your subscription will commence as of the
date your payment for a subscription is received by Sontiq. Your subscription
will continue in full force for the length of the term you specifically
purchased or on a month-to-month term until such time as you cancel the
subscription as further explained below (the “Subscription Term”). In the event
that you cancel a subscription in the middle of your Subscription Term, you will
be entitled to receive a refund for the unused portion of the remainder of that
Subscription Term. Sontiq will have the right, upon written notice to you, to
terminate this Agreement, and suspend your access to your subscription, if: (a)
you fail to pay Sontiq any amount due to Sontiq under this Agreement; and/or (b)
you materially breach any term or condition of this Agreement. Sontiq shall have
the right to terminate this Agreement and suspend your access to your
subscription with or without cause, upon thirty (30) days written notice to you
in which case you will no longer be charged for access to the subscription. Upon
the expiration or termination of this Agreement for any reason, your access to,
and use of, your subscription will terminate.
Trial Periods/Promotional Offerings
We may offer promotional trial subscriptions to access the Site for a limited
time or at special discounted prices. If you sign up for a trial use, your
rights to use the Site are limited by the terms of such trial and will terminate
or renew on the terms of your trial arrangement and/or any applicable Additional
Terms. Please be aware that when you sign up for a trial period, you will be
required to provide your credit card number and Sontiq will confirm your credit
card is valid. When we process your credit card, some credit card companies may
place a temporary hold on your account for your first payment. Please contact
your credit card company if you have questions. Please note that we do not
provide price protection or refunds in the event of a price drop or promotional
offering.
ONCE YOUR TRIAL PERIOD ENDS, WE, OR A THIRD-PARTY PAYMENT PROCESSOR ON OUR
BEHALF, WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS
FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG
AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE
END OF YOUR TRIAL PERIOD. INSTRUCTIONS FOR CANCELING YOUR MEMBERSHIP
SUBSCRIPTION ARE DESCRIBED BELOW. PLEASE NOTE THAT, DEPENDING ON YOUR METHOD OF
PAYMENT USED, YOU MAY OR MAY NOT RECEIVE A NOTICE FROM US THAT YOUR TRIAL HAS
ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE
RIGHT TO MODIFY OR TERMINATE TRIAL PERIODS AT ANY TIME, WITHOUT NOTICE AND IN
OUR SOLE DISCRETION.
Communications with Credit Reporting Agencies
As a condition to purchasing any products, services or membership packages from
Sontiq, you agree to authorize us to act as agent on your behalf and in your
name for all purposes in communications and other dealings with any credit
bureau to the extent necessary for Sontiq to deliver the products, services or
packages purchased by you. The communications and other dealings may involve,
amongst other things, placing a fraud alert on your credit file and opting out
of marketing list sales where applicable and available in your local
jurisdiction
Auto-Renewal of Membership
Certain memberships as indicated at the time of purchase, such as monitoring
products and identity theft insurance will automatically renew at the end of
your Subscription Term continuously and indefinitely without action by the
member, and the membership fee is charged to the member at the time of renewal.
An enrollee whose membership fee has been paid is entitled to all privileges
included in the membership until the membership is cancelled by the enrolled
member as set forth in the paragraph below. By providing your payment method
information for your subscription, you are agreeing to pay a subscription fee,
that will automatically renew, at the then current rate, unless you cancel prior
to the expiration of the current Subscription Term, and any applicable taxes and
service fees (collectively, “Fees”). The Fees will be charged to your original
payment method automatically at the beginning of your Subscription Term, and at
the beginning of each renewal Subscription Term thereafter on the calendar day
corresponding to the commencement of your current Subscription Term, unless you
cancel your subscription or your account is suspended or terminated pursuant to
this Agreement. The renewal Subscription Term will be the same length as your
initial Subscription Term unless otherwise disclosed to you at the time of sale.
The rate for the renewal Subscription Term will be the then current
subscription-rate. The Fees charged to your payment method may vary from
Subscription Term to Subscription Term due to changes in your subscription plan
or applicable taxes, and you authorize Sontiq to charge your payment method for
these amounts. Sontiq reserves the right to change the pricing of subscription
at any time. In the event of a price change, Sontiq will post the new pricing on
the Site and attempt to notify you in advance by sending an email to the address
you have registered for your account. You agree that we may change the pricing
we charge you for your subscription and any products/services offered in your
subscription package by providing you with notice through an electronic
communication from us and you agree that all agreements, notices, disclosures,
and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. You consent to our ability
to change our pricing and the details of our subscription packages through an
electronic communication to you. If you do not wish to accept a price or
subscription package change made by us, you may cancel your subscription as
described below, otherwise you will be deemed to have consented to the
price/subscription package change and authorize Sontiq to charge the new Fees to
your payment method. If there are any discrepancies in billing, you hereby waive
your right to dispute such discrepancies if you do not notify Sontiq within
sixty (60) days after they first appear on an account statement.
Cancellation of Membership
A member will have the right to cancel membership at any time upon notice to
Sontiq.
If you are a U.S. resident: you can cancel by phone at (888) 676-6847 or, if you
purchased your membership at www.IdentityForce.com or any Sontiq-branded
website, you can cancel your membership from the Manage Account section of your
member dashboard. Upon cancellation, the member loses access to the areas of the
Site designated for members only. This could include any credit and other data
and analyses that have been displayed during your membership.
If you are a Canadian resident: you can cancel by phone at (866) 272.1223 or, if
you purchased your membership at IdentityForce.com or any Sontiq-branded
website, , you can cancel your membership from the Manage Account section of
your member dashboard.
If you are a resident of a country outside of North America: you can cancel by
phone by calling us at: +1 (866) 205-5983, or (508)-644-8726. You can also
reach out to us by email at customersupport@sontiq.com Upon cancellation, the
member loses access to the areas of the Site designated for members only. This
could include any credit and other data and analyses that have been displayed
during your membership.
Purchases Generally
To purchase any products or services, you must be at least eighteen (18) years
of age or the applicable age of majority in your jurisdiction of residence. All
prices displayed are quoted in U.S. dollars. Prior to the purchase of any
products or services from us, you must provide us with a valid credit card
number and associated payment information including all of the following: (i)
your name as it appears on the card, (ii) your credit card number, (iii) the
credit card type, (iv) the date of expiration, and (v) any activation numbers or
codes needed to charge your card. By submitting that information to us or our
third-party credit card processor, you agree that you authorize us and/or our
processor to charge your card at our convenience but within thirty (30) days of
credit card authorization. For any product or service (including subscriptions)
that you order on the Site, you agree to pay the price applicable (including any
sales taxes and surcharges) as of the time you submit the order. Sontiq will
automatically bill your credit card or other form of payment submitted as part
of the order process for such price.
In order to enroll in, register for and receive one or more services or
memberships, you must provide us with the full and accurate personal information
that we require for the applicable services, which may include without
limitation, your name, address, telephone number, email address, date of birth,
driver’s license number, Social Security Number/Social Insurance Number, and
other personal information to verify your identity, as well as financial
information such as your credit card number. You agree to keep all personal
information updated and accurate. In the event we do not receive all the
required personal information during your Enrollment Process, you agree that we
may, in our sole discretion, use our database, the database of our affiliates,
or other resources to attempt to complete the required personal information on
your behalf. If we are unable to obtain the required personal information or you
fail to authenticate your identity as may be required, the services for which
you have enrolled or registered from us may be limited. Upon completion of the
Enrollment Process, and payment to us of any fees owed, you will become eligible
to receive the services for which you have enrolled or registered.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE,
THAT YOUR ACCESS TO OR USE OF THE SITE DOES NOT VIOLATE APPLICABLE LAWS, AND
THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT. FURTHER, IF YOU ENROLL IN
OR USE OUR CREDIT MONITORING SERVICE AND/OR ANY OF OUR PROTECTION PROGRAMS, YOU
ALSO REPRESENT AND WARRANT THAT YOU HAVE PROVIDED US WITH YOUR VALID SOCIAL
SECURITY NUMBER (IN THE U.S.), SOCIAL INSURANCE NUMBER (IN CANADA), OR OTHER
NATIONAL IDENTIFICATION NUMBER (IF OUTSIDE OF THE U.S./CANADA), AND THAT YOU
SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL AND BUSINESS
ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID SOCIAL SECURITY
NUMBER/SOCIAL INSURANCE NUMBER/NATIONAL IDENTIFICATION NUMBER.
Methods of Payment, Credit Card Terms and Taxes
All payments must be made using a payment card such as Visa, MasterCard,
Discover or American Express. Your card issuer agreement governs your use of
your designated card, and you must refer to that agreement and not these Terms
to determine your rights and liabilities as a cardholder. You represent and
warrant that you will not use any credit card or other form of payment unless
you have all necessary legal authorization to do so. YOU, AND NOT Sontiq, ARE
RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A
THIRD PARTY. You agree to pay all fees and charges incurred in connection with
your purchases (including any applicable taxes) at the rates in effect when the
charges were incurred. Unless you notify Sontiq of any discrepancies within
sixty (60) days after they first appear on your credit card statement, you agree
that they will be deemed accepted by you for all purposes. If Sontiq does not
receive payment from your credit card issuer or its agent, you agree to pay all
amounts due upon demand by Sontiq or its agents. Sales taxes, or other taxes,
customs, import/export charges, or similar governmental charges are not included
in the price of the products. You are responsible for paying any such taxes or
charges imposed on your purchases, including, but not limited to, sales, use or
value-added taxes. Sontiq shall automatically charge and/or withhold the
applicable tax for orders in any states or localities that it deems is required
in accordance with our order policy in effect at the time of purchase.
Refund Policy
All purchase transactions made through the Site are subject to Sontiq’s refund
policy in effect at the time of purchase. Currently, Sontiq’s refund policy is
that in the event that you cancel a subscription in the middle of your
Subscription Term, you will be entitled to receive a refund for the unused
portion of the remainder of that Subscription Term.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of our
offer to sell. Sontiq reserves the right at any time after receipt of your order
to accept or decline your order for any reason. Sontiq further reserves the
right any time after receipt of your order, without prior notice to you, to
supply less than the quantity you ordered of any item. Your order will be deemed
accepted by Sontiq after you sign-up and accept this Agreement. We may require
additional verifications or information before accepting any order.
Notwithstanding the foregoing, you agree that, if we cancel all or a portion of
your order or if we provide you less than the quantity you ordered, your sole
and exclusive remedy is either that: (a) we will issue a credit to your credit
card account in the amount charged for the cancelled portion or the quantity not
provided (if your credit card has already been charged for the order); or (b) we
will not charge your credit card for the cancelled portion of the order or the
quantity not provided. Do not assume that a cancellation or change of an order
you have placed with Sontiq is effective until you receive a confirmation from
Sontiq via email or the Site. As stated above, you will be responsible for, and
your credit card or third-party payment account may be charged for, the payment
of all fees associated with orders already processed or shipped before your
cancellation/change request or a request to terminate your account was received.
No Responsibility to Sell Mispriced Products or Services
We do our best to describe every item, product or service offered on this Site
as accurately as possible. However, we are human, and therefore we do not
warrant that specifications or pricing on the Site is complete, accurate,
reliable, current, or error-free. In the event of any errors relating to the
pricing or specifications of any item, product or service, Sontiq shall have the
right to refuse or cancel any orders in its sole discretion. If we charged your
credit card or other account prior to cancellation, we will issue a credit to
your account in the amount of the charge. Additional terms may apply.
Modification to Prices or Billing Terms
The purchase of products and services on the Site is subject to availability.
PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES
AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. SONTIQ RESERVES THE RIGHT,
AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD,
EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
3. Site and Content Use Restrictions
You may not use the Site or any Content in a manner which is prohibited by this
Agreement. All rights not expressly granted to you are reserved by Sontiq and
its licensors and other third parties.
1. Site Use Restrictions. You agree that you will not: (i) aside from your
purchase of goods or services offered for sale by Sontiq or its affiliates,
use the Site for any political or commercial purpose; (ii) use any meta tags
or any other “hidden text” utilizing any Trademarks; (iii) engage in any
activities through or in connection with the Site that seek to attempt to or
do harm to any individuals or entities or are unlawful, offensive, obscene,
lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or
that violate any right of any third party, or are otherwise objectionable to
Sontiq; (iv) reverse engineer, decompile, disassemble, reverse assemble, or
modify any Site source or object code or any software or other products,
services, or processes accessible through any portion of the Site; (v)
engage in any activity that interferes with your access to the Site or the
proper operation of the Site, or otherwise causes harm to the Site, Sontiq,
or other users of the Site; (vi) interfere with or circumvent any security
feature of the Site or any feature that restricts or enforces limitations on
use of or access to the Site, the Content, or the User-Generated Content
(defined below); (vii) harvest or otherwise collect or store any information
(including personally identifiable information about other users of the
Site, including e-mail addresses, without the express consent of such
users); (viii) attempt to gain unauthorized access to the Site, other
computer systems or networks connected to the Site, through password mining
or any other means; (ix) forge headers, create a false identity or otherwise
manipulate identifiers in order to deceive others or disguise the origin of
any Content transmitted to or via the Site; (x) use the Site to solicit
others to join or become members of any other commercial online service or
other organizations or (xi) otherwise violate this Agreement or any
Additional Terms.
2. Content Use Restrictions. You also agree that, in using the Site: (i) you
will not monitor, gather, copy, or distribute the Content (except as may be
a result of standard search engine activity or use of a standard browser) on
the Site by using any robot, rover, “bot”, spider, scraper, crawler,
spyware, engine, device, software, extraction tool, or any other automatic
device, utility, or manual process of any kind; (ii) you will not frame or
utilize framing techniques to enclose any such Content (including any
images, text, or page layout); (iii) you will keep intact all Trademark,
copyright, and other intellectual property notices contained in such
Content; (iv) you will not use such Content in a manner that suggests an
unauthorized association with any of our or our licensors’ products,
services, or brands; (v) you will not make any modifications to such
Content; (vi) you will not copy, modify, reproduce, archive, sell, lease,
rent, exchange, create derivative works from, publish by hard copy or
electronic means, publicly perform, display, disseminate, distribute,
broadcast, retransmit, circulate or transfer to any third party or on any
third-party application or website, or otherwise use or exploit such Content
in any way for any purpose except as specifically permitted by this
Agreement or any Additional Terms or with the prior written consent of an
officer of Sontiq or, in the case of Content from a licensor, the owner of
the Content; and (vii) you will not insert any code or product to manipulate
such Content in any way that adversely affects any user experience.
4. Disclaimer or Warranties
OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, MEMBERSHIP PACKAGES,
SUBSCRIPTIONS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS
SITE, IS PROVIDED TO YOU “AS IS”. EXCEPT TO THE EXTENT EXPRESSLY STATED HEREIN,
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER SONTIQ NOR ITS
PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE
CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE
SITE OR THE USE THEREOF IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, FREEDOM FROM COMPUTER VIRUS OR
OTHERWISE OR AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE; THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO
OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES; THAT OUR SITE, MEMBERSHIPS,
PRODUCTS OR SERVICES WILL BE ERROR FREE; THAT DEFECTS WILL BE CORRECTED, THAT
THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THERE WILL BE NO UNAUTHORIZED ACCESS TO YOUR
PERSONAL INFORMATION. IN ADDITION, EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET
FORTH IN THIS AGREEMENT UNDER THE SECTION ENTITLED “LIMITED WARRANTY”, SONTIQ
AND ITS PARTNERS EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, AS TO TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU
AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES
AND CONTENT ARE AT YOUR OWN RISK.
5. Limitation of Liability
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS
AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE AND/OR THE USE OF ANY
CONTENT REMAINS WITH YOU. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT
NEITHER SONTIQ NOR ITS PARTNERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (WHICH SHALL INCLUDE, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT
OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT,
MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES
WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
IN NO EVENT SHALL SONTIQ BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF
SONTIQ’S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICES OR ANY DELAY IN
PROVIDING SERVICES NOR SHALL SONTIQ HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT
AS STATED HEREIN.
YOU UNDERSTAND THAT WE ONLY MONITOR YOUR PERSONAL INFORMATION WITHIN OUR NETWORK
USING CERTAIN PROPRIETARY TECHNOLOGIES AND DATABASE INFORMATION OWNED BY OR
UNDER LICENSE TO US, BUT NOT ALL TRANSACTIONS, INCLUDING THOSE THAT MIGHT ENTAIL
THE POTENTIALLY FRAUDULENT USE OF A CUSTOMER’S INFORMATION, MAY BE MONITORED AND
THE SCOPE OF THE NETWORK UTILIZED BY US TO PROVIDE ALERTS MAY CHANGE. YOU ALSO
UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU
ACCEPT THESE SERVICE TERMS AND COMPLETE THE ENROLLMENT PROCESS FOR ALL OF THE
SERVICES TO BE FULLY ACTIVATED.
THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE LIABILITY OF SONTIQ EXCEED THE FEES YOU PAID FOR THE
SERVICES IN THE PRECEDING TWELVE (12) MONTHS.
6. Indemnification
You agree to, and you hereby, defend, indemnify, and hold Sontiq harmless from
and against any and all claims, damages, losses, costs, investigations,
liabilities, judgments, fines, penalties, settlements, interest, and expenses
(including attorneys’ fees) that directly or indirectly arise from or are
related to any claim, suit, action, demand, or proceeding made or brought
against Sontiq, arising out of or in connection with: (i) your use of the Site
and your activities in connection with the Site; or (ii) your breach or alleged
breach of this Agreement or any Additional Terms; (iii) your violation or
alleged violation of any laws, rules, regulations, codes, statutes, ordinances,
or orders of any governmental or quasi-governmental authorities in connection
with your use of the Site or your activities in connection with the Site; (iv)
information or material transmitted through your Device, even if not submitted
by you, that infringes, violates, or misappropriates any copyright, trademark,
trade secret, trade dress, patent, publicity, privacy, or other right of any
person or entity; (v) any misrepresentation made by you; and (vi) Sontiq’s use
of the information that you submit to us (all of the foregoing, “Claims and
Losses”). You will cooperate as fully required by Sontiq in the defense of any
Claim and Losses. Notwithstanding the foregoing, Sontiq retains the exclusive
right to settle, compromise, and pay any and all Claims and Losses. Sontiq
reserves the right to assume the exclusive defense and control of any Claims and
Losses. You will not settle any Claims and Losses without, in each instance, the
prior written consent of an officer of Sontiq.
7. Identity Theft Insurance & Restoration Services
The identity theft insurance benefit for members is underwritten and
administered by any one of the following insurance carriers depending upon your
program: AIG®, Assurant, or Hamilton Insurance DAC and/or its affiliates.
Coverage is provided under a master group policy issued in the name of Sontiq,
Inc. for the benefit of members. A summary of the terms of coverage are set
forth on your account dashboard under the “Support” tab. Details identifying
your applicable insurance carrier and other policy information can be found
there. The complete policy is available from Sontiq on request. Sontiq’s
insurance carrier administers all claims and Sontiq shall have no responsibility
with respect to such identify theft benefit. Restoration services are provided
by Sontiq.
8. Registration and Accurate Information
If you decide to register on our Site, become a member of one of our membership
programs, purchase our products or services or participate in our partner
programs, contests or surveys, you may be required to register, provide personal
information, and select a username and password. If you register for any feature
that requires a password and/or username, then you will select your own password
at the time of registration (or we may send you an e-mail notification with a
randomly generated initial password) and you agree that: (i) You will not use a
username (or e-mail address) that is already being used by someone else, may
impersonate another person, belongs to another person, violates the intellectual
property or other right of any person or entity, or is offensive. We may reject
the use of any password, username, or e-mail address for any other reason in our
sole discretion; (ii) You will provide true, accurate, current, and complete
registration information about yourself in connection with the registration
process and, as permitted, to maintain and update it continuously and promptly
to keep it accurate, current, and complete; (iii) You are solely responsible for
all activities that occur under your account, password, and username – whether
or not you authorized the activity; (iv) You are solely responsible for
maintaining the confidentiality of your password and for restricting access to
your Device so that others may not access any password protected portion of the
Site using your name, username, or password; (v) You will immediately notify us
of any unauthorized use of your account, password, or username, or any other
breach of security; and (vi) You will not sell, transfer, or assign your account
or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal
theory) to you or any third party arising from your inability or failure for any
reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect
that any information that you provide, is false, inaccurate, outdated,
incomplete, or violates this Agreement, any Additional Terms, or any applicable
law, then we may suspend or terminate your account. We also reserve the more
general and broad right to terminate your account or suspend or otherwise deny
you access to it or its benefits – all in our sole discretion, for any reason,
and without advance notice or liability.
While Sontiq takes reasonable measures to safeguard and to protect unauthorized
access to your personal information, we cannot be responsible for the acts of
those who gain unauthorized access, and we make no warranty, express or implied,
that we will prevent unauthorized access to your private information.
9. Free Access to the Credit File Information held by the Credit Bureaus
Notice regarding Access for U.S. users under Fair Credit Reporting Act (FCRA)
The FCRA 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. The credit report you are
requesting from Sontiq is not intended to constitute the disclosure of
information by Experian, Equifax, and/or TransUnion as required by the FCRA or
similar laws.
The FCRA provides that you may dispute inaccurate or incomplete information in
your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM
Sontiq IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT
OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE
THREE (3) NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING
AGENCY.
The FCRA allows you to obtain a free disclosure from every national credit
reporting agency of the nature and substance of all information in your file at
the time of the request. You may request your free annual report under the FCRA,
at www.annualcreditreport.com
In addition, the FCRA allows you to obtain a copy of all of the information in
your consumer credit file from consumer reporting agencies for a reasonable
charge.
You are also entitled to receive a disclosure free of charge directly from the
consumer reporting agency under the following circumstances:
* You have been denied credit, insurance or employment within the past sixty
(60) days as a result of your credit report.
* You certify in writing that your are unemployed and intend to apply for
employment in the sixty (60)-day period beginning on the date on which you
made the certification.
* You are a recipient of public welfare assistance.
* You have reason to believe that your file at the credit reporting agency
contains inaccurate information due to fraud.
The FCRA permits you to dispute inaccurate or incomplete information in your
credit file. Accurate information cannot be changed.
You do not have to purchase your credit report or other information from Sontiq
to dispute inaccurate or incomplete information in your Experian, Equifax and/or
TransUnion file or to receive a copy of your Experian, Equifax and/or TransUnion
file.
If you reside in the States of Colorado, Maine, Massachusetts, Maryland, New
Jersey, Puerto Rico or Vermont you may receive a free copy of your consumer
credit report once per year and if you are a resident of the State of Georgia
you may receive two (2) copies per year.
Click here for a full text of your summary of rights under the FCRA.
Notice regarding Access for Canadian users by the Financial Consumer Agency of
Canada
Canadian law and rights enforced by the Financial Consumer Agency of Canada
allow you to obtain from each of the two major Canadian credit bureaus, 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 bureau must be
obtained directly from such bureau. The credit report you are requesting from
Sontiq is not intended to constitute the disclosure of information by Equifax
Canada and/or TransUnion Canada as required by Canadian laws, Fair Information
Practices, or the rights enforced by the Financial Consumer Agency of Canada.
Canadian law provides that you may dispute inaccurate or incomplete information
in your credit report and regarding data held about you by other entities. YOU
ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM SONTIQ IN ORDER TO DISPUTE
INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR
REPORT FROM EQUIFAX CANADA AND/OR TRANSUNION CANADA.
The Financial Consumer Agency of Canada allows you to obtain a free disclosure
from both of the national credit bureaus of the nature and substance of all
information in your file at the time of the request. Note that Equifax Canada
refers to your credit report as “credit file disclosure” while TransUnion Canada
refers to your credit report as “consumer disclosure”.
You may request your free annual report:
By mail or fax
* Make your request in writing using the forms provided by Equifax and
TransUnion
* Provide copies of two pieces of acceptable identification, such as a driver’s
license or passport
* You must receive your credit report by mail
By telephone
* Call the credit bureau and follow the instructions
* Equifax Canada
Tel: 1-800-465-7166
* TransUnion Canada
Tel: 1-800-663-9980 (except Quebec)
Tel: 1-877-713-3393 (Quebec residents)
* Confirm your identity by answering a series of personal and financial
questions
* You may also need to provide your Social Insurance Number and/or a credit
card number to confirm your identity
* You must receive your credit report by mail
By accessing online
You may pay a fee to order your credit report online if you want to see it right
away. TransUnion allows you to order your credit report online once a month for
free.
Canadian law permits you to dispute inaccurate or incomplete information in your
credit file. Accurate information cannot be changed.
You do not have to purchase your credit report or other information from Sontiq
to dispute inaccurate or incomplete information in your Equifax Canada and/or
TransUnion Canada file or to receive a copy of your Equifax Canada and/or
TransUnion Canada file.
Click here for a full text and explanation of rights provided by the Financial
Consumer Agency of Canada.
10. Feedback You Submit
1. General. Sontiq may now or in the future offer users of the Site the
opportunity to post, upload, display, publish, distribute, transmit or
otherwise make available on or submit through the Site, messages, text,
files, comments, responses, information, content, results, ratings,
reviews, suggestions, data, questions, personally identifiable
information, or other information or materials and the ideas contained
therein (collectively, “User-Generated Content”). Sontiq may allow you
to do this through contact us, email, and other communications
functionality. Subject to the rights and license you grant in this
Agreement, you retain whatever legally cognizable right, title, and
interest that you have in your User-Generated Content and you remain
ultimately responsible for it.
2. Non-Confidentiality of Your User-Generated Content. Except as otherwise
described in the Site’s posted Privacy Notice or any Additional Terms,
you agree that: (a) your User-Generated Content will be treated as
non-confidential – regardless of whether you mark them “confidential,”
“proprietary,” or the like – and will not be returned; and (b) Sontiq
does not assume any obligation of any kind to you or any third party
with respect to your User-Generated Content. Upon Sontiq’s request, you
will furnish us with any documentation necessary to substantiate the
rights to such content and to verify your compliance with this Agreement
or any Additional Terms. You acknowledge that the Internet and mobile
communications may be subject to breaches of security and that you are
aware that submissions of User-Generated Content may not be secure, and
you will consider this before submitting any User-Generated Content and
do so at your own risk. In your communications with Sontiq, please keep
in mind that we do not seek any unsolicited ideas or materials for
products or services, or even suggested improvements to products or
services, including, without limitation, ideas, concepts, inventions, or
designs for software, apps, books, websites, products, services or
otherwise (collectively, “Unsolicited Ideas and Materials”). Any
Unsolicited Ideas and Materials you post on or send to us via the Site
are deemed User-Generated Content and licensed to us as set forth below.
In addition, Sontiq retains all of the rights held by members of the
general public with regard to your Unsolicited Ideas and Materials.
Sontiq’s receipt of your Unsolicited Ideas and Materials is not an
admission by Sontiq of their novelty, priority, or originality, and it
does not impair Sontiq’s right to contest existing or future
intellectual property rights relating to your Unsolicited Ideas and
Materials.
3. License to Sontiq of Your User-Generated Content. Except as otherwise
described in any applicable Additional Terms, which specifically govern
the submission of your User-Generated Content), you hereby grant to
Sontiq, and you agree to grant to Sontiq, the non-exclusive,
unrestricted, unconditional, unlimited, worldwide, irrevocable,
perpetual, and cost-free right and license to use, copy, record,
distribute, reproduce, disclose, sell, re-sell, sublicense (through
multiple levels), display, publicly perform, transmit, publish,
broadcast, translate, make derivative works of, and otherwise use and
exploit in any manner whatsoever, all or any portion of your
User-Generated Content (and derivative works thereof), for any purpose
whatsoever in all formats, on or through any means or medium now known
or hereafter developed, and with any technology or devices now known or
hereafter developed, and to advertise, market, and promote the same.
Without limitation, the granted rights include the right to: (a)
configure, host, index, cache, archive, store, digitize, compress,
optimize, modify, reformat, edit, adapt, publish in searchable format,
and remove such User-Generated Content and combine same with other
materials, and (b) use any ideas, concepts, know-how, or techniques
contained in any User-Generated Content for any purposes whatsoever,
including developing, producing, and marketing products and/or services.
In order to further effect the rights and license that you grant to
Sontiq to your User-Generated Content, you also hereby grant to Sontiq,
and agree to grant to Sontiq, the unconditional, perpetual, irrevocable
right to use and exploit your name, persona, and likeness in connection
with any User-Generated Content, without any obligation or remuneration
to you. Except as prohibited by law, you hereby waive, and you agree to
waive, any moral rights (including attribution and integrity) that you
may have in any User-Generated Content, even if it is altered or changed
in a manner not agreeable to you. To the extent not waivable, you
irrevocably agree not to exercise such rights (if any) in a manner that
interferes with any exercise of the granted rights. You understand that
you will not receive any fees, sums, consideration, or remuneration for
any of the rights granted in this Section 10(C).
11. Links By You to the Site
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and
non-transferable license to create hyperlinks to the Site, so long as: (a) the
links only incorporate text, and do not use any Trademarks, (b) the links and
the content on your website do not suggest any affiliation with Sontiq or cause
any other confusion, and (c) the links and the content on your website do not
portray Sontiq or its products or services in a false, misleading, derogatory,
or otherwise offensive matter, and do not contain content that is unlawful,
offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing,
or abusive, or that violate any right of any third party or are otherwise
objectionable to Sontiq.
12. Dispute Resolution and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
1. Disputes Subject to Arbitration. Sontiq and the member agree to arbitrate
all disputes and claims between and among them, including, but not limited
to:
1. claims arising out of or relating to any aspect of the relationship between
Sontiq and the member, whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory;
2. claims that arose before this or any prior agreement between Sontiq and the
member (including, but not limited to, claims relating to advertising or
disclosures of Sontiq); and
3. claims that may arise after the termination of the Agreement.
Notwithstanding the foregoing, Sontiq and member may bring an individual action
in small claims court, provided that it seeks relief that does not affect other
members or customers of Sontiq.
Any dispute as to the arbitrability of claims or the scope or enforceability of
this arbitration provision, or as to the interpretation of Section 12(B) below,
is for the court to decide. This Agreement evidences a transaction in interstate
commerce, and thus the Federal Arbitration Act governs the interpretation and
enforcement of this Section of the Agreement. This arbitration provision
contained in this Section of the Agreement shall survive termination of the
agreement between us.
2. Starting the Dispute-Resolution Process. A party (i.e., Sontiq or the
member) who intends to seek arbitration must first send to the other, by
certified mail, a written Notice of Dispute (“Dispute Notice”). The Notice
to Sontiq should be sent to the address provided in Section 14 of this
Agreement. The Dispute Notice must: (i) provide the member’s mailing
address, phone number, and account name (if any); (ii) describe the nature
and basis of the claim or dispute; and (iii) set forth the specific relief
sought (“Demand”). Thereafter, Sontiq and the member shall confer in good
faith to attempt to resolve the claim or dispute. If Sontiq and the member
do not reach an agreement to resolve the claim or dispute within forty-five
(45) days after the Dispute Notice is received, the member or Sontiq may
commence an arbitration proceeding with the Judicial Arbitration and
Mediation Services Inc. (“JAMS”).
3. Costs of Arbitration. Sontiq will pay all JAMS filing, administration, and
arbitrator fees for any arbitration we initiate. The payment of those fees
for any arbitration that the member initiates will be governed by the JAMS’
streamlined Arbitration Rules and Procedures. However, if you initiate an
arbitration in accordance with the notice requirements of Section 12(B) and
are seeking relief valued at $500US or less (both to the member and Sontiq),
Sontiq will pay all JAMS filing, administration, and arbitrator fees. If the
member’s claim is for greater than $500US but less than $10,000US, Sontiq
will pay all such fees in excess of $20US. After Sontiq receives a notice
that the member has commenced an arbitration, Sontiq will promptly reimburse
the member for any portion of the filing fee that the member paid that
Sontiq has agreed to pay.If the arbitrator finds that either the substance
of the member’s claim or the relief sought in the Demand is frivolous or
brought for an improper purpose (as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b)), then the payment of all JAMS filing,
administration, and arbitrator fees shall be governed by the JAMS Rules, and
the member agrees to reimburse Sontiq for any amounts it paid on to JAMS on
the member’s behalf.
4. Arbitration Procedures. The arbitrator shall be bound by the terms of this
arbitration provision. The arbitration will be governed by the JAMS’
streamlined Arbitration Rules and Procedures (collectively, “JAMS Rules”),
as modified by this arbitration provision. JAMS shall administer the
arbitration. If JAMS is unavailable, the arbitration will be administered by
another arbitration provider that the parties agree to or that the court
selects.Unless Sontiq and the member otherwise agree, any arbitration
hearings will take place in the county (or parish) of the member’s residence
at the time of the filing of the Demand with JAMS. If the member brings a
claim for $10,000US or less, we agree that the member may choose whether the
arbitration will be conducted solely on the basis of documents submitted to
the arbitrator, through a telephonic hearing, or by an in-person hearing as
established by the JAMS Rules. If the member’s claim exceeds $10,000US, the
right to a hearing will be determined by the JAMS Rules.Arbitrators shall be
bound by rulings in prior arbitrations involving the same customer to the
extent required by applicable law.Unless the parties agree otherwise, Sontiq
and the member must bring all directly related claims in a single
arbitration proceeding. If Sontiq or the member later initiate a subsequent
arbitration asserting claims that are directly related to ones that were
raised in a prior arbitration between the same parties, JAMS or the
arbitrator shall either: (i) consolidate the subsequent arbitration with the
earlier proceeding if it is ongoing; or (ii) dismiss any claims raised in
the subsequent arbitration that would be barred by applicable law if brought
in court.Regardless of the manner in which the arbitration is conducted, the
arbitrator shall issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the award is based. Although
under some laws Sontiq may have a right to an award of attorneys’ fees and
expenses if it prevails in an arbitration, Sontiq agrees that it will not
seek such an award unless the member is represented by an attorney and the
arbitrator has determined that the member’s claim is frivolous or brought
for an improper purpose (as measured by the standards of Federal Rule of
Civil Procedure 11(b)).
5. Prohibition of Class or Representative Actions and Non-Individualized
Relief. Sontiq AND THE MEMBER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS
MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE
ATTORNEY GENERAL PROCEEDING. Further, unless both Sontiq and the member
agree otherwise, the arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a class,
representative, or private attorney general proceeding. The arbitrator may
award any relief that a court could award, so long as the relief is
individualized to the claimant and would not affect other Sontiq members or
customers. Neither Sontiq nor the member may seek non-individualized relief
that would affect other Sontiq members or customers. If a court decides that
applicable law precludes enforcement of any of this paragraph’s limitations
as to a particular claim for relief, then that claim (and only that claim)
must be severed from the arbitration and may be brought in court.
6. Future Changes to Agreement to Arbitrate. Notwithstanding any provision in
this Agreement to the contrary, we agree that if Sontiq makes any future
change to this arbitration provision (other than a change to the address in
the Notice Section, website links, or telephone numbers outlined in this
Agreement), any such changes will not affect disputes that arose before the
effective date of the change.
13. Updates to Agreement
THIS AGREEMENT AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE
MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE AGREEMENT OR ADDITIONAL
TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN
TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON
THE THEN APPLICABLE AGREEMENT AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY
YOU OF OTHER AGREEMENTS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE
MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH
NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER AGREEMENT FOR YOUR
NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Use
and any applicable Additional Terms each time you use the Site. The Additional
Terms will be effective as to new use and transactions as of the time that we
post them, or such later date as may be specified in them or in other notice to
you. However, the Agreement (and any applicable Additional Terms) that applied
when you previously used the Site will continue to apply to such prior use
(i.e., changes and additions are prospective only) unless mutually agreed. In
the event any notice to you of new, revised or Additional Terms is determined by
a tribunal to be insufficient, the prior agreement shall continue until
sufficient notice to establish a new agreement occurs. You can reject any new,
revised or Additional Terms by discontinuing use of the Site and related
services.
14. Notices
You should send any notices or other communications regarding our Site, your
membership, products or services to Sontiq, Inc., 9920 Franklin Square Drive,
Suite 250, Nottingham, MD, 21236, USA.
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 believe is your address. You
agree that all agreements, notices, disclosures, and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing. If you wish to update your registration
information, please log in to your account or:
* If a U.S. resident contact Customer Service at (888)676-6847.
* If a Canadian resident contact Customer Service at (866) 272-1223.
* If you are a resident of a country outside of the U.S. and Canada, you can
contact Customer Service by calling us at: +1(866) 205-5983 or
(508)-644-8726, or via email to: customersupport@sontiq.com.
15. Miscellaneous
1. Applicable Law. This Agreement will be governed by and construed in
accordance with, and any Dispute and Excluded Dispute will be resolved
in accordance with, the laws of the Commonwealth of Massachusetts,
without regard to its conflicts of law provisions.
2. Relationship of the Parties. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
Sontiq as a result of this Agreement, our Privacy Notice or any use of
the Site.
3. Operation of Site; Availability of Products and Services; International
Issues. Sontiq controls and operates the Site from its U.S.-based
offices in the U.S.A. The Site may describe products and services that
are available only in the U.S.A. (or only parts of it) and are not
available worldwide. We reserve the right, without any limitation, to:
(i) investigate any suspected breaches of the Site’s security or its
information technology or other systems or networks; (ii) investigate
any suspected breaches of this Agreement and any Additional Terms; (iii)
investigate any information obtained by us in connection with reviewing
law enforcement databases or complying with criminal laws; (iv) involve
and cooperate with law enforcement authorities in investigating any of
the foregoing matters; (v) prosecute violators of this Agreement and any
Additional Terms. We reserve the right to limit the availability of the
Site and/or the provision of any content, program, product, service, or
other feature described or available on the Site to any person, entity,
geographic area, or jurisdiction, at any time and in our sole
discretion, and to limit the quantities of any content, program,
product, Site, or other feature that we provide. You and we disclaim any
application to this Agreement of the Convention on Contracts for the
International Sale of Goods. You may not use or export the any software
or materials made available on the Site in violation of U.S. export laws
and regulations.
4. Severability; Interpretation. If any provision of this Agreement, or any
Additional Terms, is for any reason deemed invalid, unlawful, void, or
unenforceable by a court or arbitrator of competent jurisdiction, then
that provision will be deemed severable from this Agreement or the
Additional Terms, and the invalidity of the provision will not affect
the validity or enforceability of the remainder of this Agreement or the
Additional Terms (which will remain in full force and effect). Section
headings are provided for convenience only and shall not limit the full
Agreement.
5. Termination; Survival. Sontiq reserves the right to discontinue the
Site, in whole or in part, or, except as may be expressly set forth in
any Additional Terms, suspend or terminate your access to it, in whole
or in part, including any user accounts or registrations, at any time,
without notice, for any reason and without any obligation to you or any
third party. Upon suspension or termination of your access to the Site,
or upon notice from Sontiq, all rights granted to you under this
Agreement or any Additional Terms will cease immediately, and you agree
that you will immediately discontinue use of the Site. The provisions of
this Agreement and any Additional Terms, which by their nature should
survive your suspension or termination will survive, including the
rights and licenses you grant to Sontiq in this Agreement, as well as
the indemnities, releases, disclaimers, and limitations on liability and
the provisions regarding jurisdiction, choice of law, no class action,
and mandatory arbitration.
6. Assignment. Sontiq may assign its rights and obligations under this
Agreement and any Additional Terms, in whole or in part, to any party at
any time without any notice. This Agreement and any Additional Terms may
not be assigned by you, and you may not delegate your duties under them,
without the prior written consent of an officer of Sontiq.
7. No Waiver. Except as expressly set forth in this Agreement or any
Additional Terms, (i) no failure or delay by you or Sontiq in exercising
any of rights, powers, or remedies under will operate as a waiver of
that or any other right, power, or remedy, and (ii) no waiver or
modification of any term of this Agreement or any Additional Terms will
be effective unless in writing and signed by the party against whom the
waiver or modification is sought to be enforced.
8. Entire Agreement. This Agreement and our Privacy Notice constitute the
entire agreement between you and Sontiq with respect to the Site, and
they supersede all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and Sontiq
with respect to the Site.
16. Terms Applicable For Accessing The App Through An Apple Device
If you are accessing or using the Sontiq App through a Device manufactured
and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an
“Apple Device”):
1. To the extent that you are accessing the App through an Apple Device, you
acknowledge that this Agreement is entered into between you and Sontiq and,
that Apple is not a party to this Agreement other than as third-party
beneficiary as contemplated below.
2. The license granted to you in Section 1 of this Agreement is subject to the
permitted Usage Rules set forth in the Apple App Store Terms and Conditions
(see: http://www.apple.com/legal/itunes/us/terms.html) and any third party
terms of agreement applicable to the App.
3. You acknowledge that Sontiq, and not Apple, is responsible for providing
the App and Content thereof.
4. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance or any support services to you with respect to the App.
5. To the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the App.
6. Notwithstanding anything to the contrary herein, and subject to the terms
in this Agreement, you acknowledge that, solely as between Apple and
Sontiq, Sontiq and not Apple is responsible for addressing any claims you
may have relating to the App, or your possession and/or use thereof,
including, but not limited, to: (i) product liability claims, (ii) any
claim that the App fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar
legislation.
7. Further, you agree that if the App, or your possession and use of the App,
infringes on a third party’s intellectual property rights, you will not
hold Apple responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claims.
8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of this Agreement, and that, upon your acceptance
of the terms and conditions of this Agreement, Apple will have the right
(and will be deemed to have accepted the right) to enforce this Agreement
against you as a third-party beneficiary thereof.
9. When using the App, you agree to comply with any and all third-party terms
that are applicable to any platform, website, technology or service that
interacts with the App.
10. You represent and warrant that: (i) you are not located in a country that
is subject to a U.S. Government embargo or that has been designated by the
U.S. Government as a “terrorist supporting” country; and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties.
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About EZShield The program and services are provided by Sontiq Inc. and not by
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