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Terms and Conditions of Use of IDTheft.com Web site

 YOUR ACCEPTANCE OF THIS AGREEMENT

This is an agreement between you ("you" or "your") and IDTheft.com ("IDTheft," "we," or "our") that governs your use of our Web site ("Site" or "Web site"). When you access or use our Web site in any way you agree to be bound by these Terms and Conditions ("Terms").

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 CHANGES WE MAY MAKE

We may periodically change the Terms or our Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to our Site, and your use of our Site after such revisions have been posted signifies your consent to the changes.

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 USE OF OUR MATERIALS

We use a diverse range of information from various sources for our Site. We provide the information, content, links to other web sites or advertisements (which we collectively call the "Materials") on our Site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

Accordingly, you may use the Materials found on our Site or other web sites accessed from our Site for internal, noncommercial, informational purposes only. You are prohibited from data mining, scraping, or using any process or processes that send automated queries to our Site or to other web sites reached through our Site. You may not use our Site to compile a collection of listings, including a competing listing product or service. You may not use our Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by IDTheft.com, its subsidiaries, parent companies, and/or any third party owner of such rights.

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 USE OF OUR MARKS

IDTheft.com company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from IDTheft.com or its affiliated entities. All other trademarks and service marks herein are the property of their respective owners. Any copies that you make of the Materials on this Site must bear any copyright, trademark or other proprietary notice located on our Site that pertains to the material being copied. You are not authorized to use our name or mark(s) in any advertising, publicity or in any other commercial manner without our prior written consent.

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 HOW WE MAY USE INFORMATION YOU PROVIDE TO US

Do not send us any confidential or proprietary information. Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect such information from disclosure and we are free to reproduce, use, and distribute any such information to others without restriction. We also are free to use any ideas, concepts, know-how or techniques contained in information that you send to us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

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 PRIVACY POLICY

Use of our Site is also subject to the Terms and Conditions of our Privacy Policy. Our Site is intended for use primarily by persons 18 years or older.

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 NO ENDORSEMENTS MADE

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions ("Promotions") or Materials, including advice, ratings, or recommendations contained on, distributed through, linked, downloaded or accessed from our Site.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with our Site (the "Products").

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 CONTENT DISCLAIMER

IDTheft.com communicates information provided and created by advertisers, content partners, software developers, resellers and other third parties. IDTheft.com has no control over the accuracy of such information on our Site, and Materials on our Site may not be complete or the most current or they may include technical inaccuracies or typographical errors.

We make no guarantees or warrantees for any such information in the Materials, including its accuracy, currency, content, quality, copyright compliance or legality, and we cannot be responsible or liable for any loss or damage that might result from your use of the Materials or your reliance on the accuracy or completeness of the information in the Materials.

All of the data regarding Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion.

IDTheft.com reserves the right, in its sole discretion and without any obligation, to change, make improvements to, or correct any error or omission in, any content or portion of our Site or the Materials.

Links to external Internet sites are provided within the content on our Site as a convenience to users. The listing of an external site does not imply endorsement of the site by us. We do not make any representations regarding the availability and performance of our Site or any of the sites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from our Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by IDTheft.com. We are not responsible for the content, functionality, or technological safety of these external sites.

We reserve the right to disable links to or from third-party sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, or content partners that may use our Marks as part of a co-branding relationship.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked web sites. We do not fully screen or investigate business listing web sites before or after including them in directory listings that become part of the Materials on our Site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

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 WARRANTY DISCLAIMER

Your use of our Site, reliance upon any Materials, and use of the Internet generally shall be at your sole risk. IDTheft.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, currency, reliability, or operability or availability of information or material displayed in the results of your use of our Site.

THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IDTHEFT.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMLINESS, ACCURACY AND PERFORMANCE OF OUR SITE AND MATERIALS. IDTHEFT.COM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IDTHEFT.COM AND ITS CONTENT PROVIDERS, PARTNERS AND VENDORS DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT ALLOWED BY THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECIEVED THROUGH ANY LINKS PROVIDED BY OR THROUGH OUR SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

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 LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER IDTHEFT.COM OR ITS CONTENT PROVIDERS, PARTNERS OR VENDORS BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF YOUR OR SUCH USER'S USE, MISUSE OR RELIANCE ON OUR SITE OR ITS CONTENT FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF OUR SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM OUR SITE. IDTHEFT.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON OUR SITE OR OTHER MATERIAL ACCESSIBLE FROM OUR SITE

YOU AND ANY OTHER USER OF OUR SITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF OUR SITE AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

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 THIRD PARTY SITES

Third parties may advertise their goods or services on our Site. Your correspondence or business dealings with, or participation in, the sales promotions of advertisers or service providers found on or through our Site, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business with any third parties whose website you accessed through our Site, and you agree that we are not responsible or liable for any loss, damage or result you incurred as a result of the presence of information about, or links to, such advertisers or service providers on the Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such third party sites or resources. You acknowledge and agree that your use of these linked sites may be subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing our Site. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on or accessed through our Site.

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 INDEMNIFICATION

To the fullest extent allowed by applicable law, you agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

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 INTELLECTUAL PROPERTY COMPLAINTS

We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Materials on our Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512)):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please e-mail this information to wbeaver@intelius.com.

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 MISCELLANEOUS

These Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in King County, Washington. You are responsible for compliance with applicable laws.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

These Terms constitute the entire agreement between us and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.

Any waiver of any provision of these Terms will be effective only if in writing and signed by you and IDTheft.com. IDTheft.com reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. IDTheft.com reserves the right to seek all remedies available at law and in equity for violations of these Terms.

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