Terms & Conditions

Terms & Conditions for the United States & Canada

Terms & Conditions: United States

If you are located in the United States or its territories, the following terms and conditions will apply:

1. Your Use of the Web Portal, Services, and Products

By enrolling, accessing, and/or using the products and/or services (“Services”) offered by Kroll Information Assurance, LLC. (“Kroll,” “we,” “you,” “our,” or “us”) and this web portal (the “Portal”). The Portal is also referred to herein as the “Platform.” you represent that you are over eighteen (18) years of age, and acknowledge that you have read, understood, and agreed to the terms herein (“Agreement”), and will follow all applicable laws and regulations.

2. Privacy and Information Sharing

Please review our Privacy Policy (available on this Platform), which is incorporated into this Agreement, to ensure that you understand how we collect, use and disclose information about you. Our use of your personal information is subject to the terms of our Privacy Policy, and you consent to our use in accordance with those terms.

3. Cancellation

Upon cancellation, your account will be deactivated, and you will no longer be able to log into our Portal and/or have access to the Services.

4. Disclaimer of Warranties

A. Some jurisdictions either do not allow or place restrictions in certain types of agreements upon the exclusion or limitation of warranties, conditions, liability for loss or damage. only the limitations and exclusions which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

B. Our Portal, including all content, memberships, products and services made available on or accessed through this Portal (collectively, “Portal Services”), is provided to you “AS IS”. To the extent permissible under applicable law, Kroll and its officers, directors, employees, and agents, subsidiaries, affiliates, contractors, third party data sources and suppliers (“Representatives”) disclaim all express and implied warranties, including those of title, merchantability, and fitness for a particular purpose, non-infringement, and informational content.

C. you agree that you will access and use our Portal and Portal Services solely at your own risk.

5. Indemnification

A. You agree to indemnify, defend, and hold harmless Kroll and its representatives (collectively, the “Indemnified Party”) from and against all third party claims, losses, expenses, damages and costs, including reasonable attorney’s fees, arising out of, in connection with, or resulting from (i) your use of the Portal, the Portal Services, or the Services; (ii) from any violation of the terms of this Agreement by you or caused by you; or (iii) your violation of applicable laws, rules or regulations.

B. If the Indemnified Party is subject to any claim for which the Indemnified Party may be indemnified by you, the Indemnified Party may, at your expense, assume the exclusive defense and control of any such claim, and you will not settle any claim without the Indemnified Party’s prior written consent.

6. Limitation of Liability

A. except as otherwise specified, you expressly understand and agree that Kroll and its Representatives shall not be liable to you for:

any incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to any loss of profit (directly or indirectly), any loss of goodwill, any loss of data suffered, cost of procurement or substitute goods or services, or other intangible loss.

B. The limitations of our liability to you shall apply whether or not we have been advised or should have been aware of the possibility of any such losses arising.

C. you agree that, to the extent permitted by law, Kroll’s total liability to you (and any of your minor children) for any or all of your losses or injuries (or those of your minor children) from Kroll’s or its agents’ or its representatives’ acts or omissions, regardless of the nature of the legal or equitable claim, shall not exceed $1,000 (one thousand dollars) in the aggregate.

7. “Written Instructions” and Provision of Personal Information

A. “Written Instructions”

You understand that by accepting these Terms and Conditions you are providing “written instructions” to CSIdentity Corporation (“CSID”) and its employees, agents, subsidiaries, affiliates, contractors, third party data and service providers, and, only where applicable to the Services provided, to all other credit reporting agencies under the Fair Credit Reporting Act (“FCRA”), as amended, including Experian, TransUnion, Equifax and affiliated entities, to access your credit files from each national credit reporting agency and to exchange information about you with each national credit reporting agency in order to verify your identity and to provide the services to you. Where applicable to the Services, you agree and hereby authorize CSID to provide your personally identifiable information (or, if applicable, information about any minor children you have enrolled) to third parties as provided in CSID’s Privacy Policy, as may be amended from time to time, in order to provide the services to you (and to those children you have enrolled).You further authorize CSID to obtain information and reports about you (or about any children you have enrolled, if applicable) in order to provide the services, including, but not limited to, credit monitoring services, credit reporting, identity monitoring, fraud resolution services, restoration services, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts. You may review the CSID Privacy Policy here.

B. Provision of Personal Information

While enrolling for the Services, we may ask you for the following types of information: name, address, phone number, and e-mail address; date of birth, driver's license number and social security number; and other personal information to verify your identity and financial information (such as credit card number). This information may be required in order to verify your identity and fulfill our obligation to provide our Services to you, including communicating with third parties as necessary to provide such Services (such as identification verification companies, consumer reporting agencies, payment validation companies, law enforcement agencies, or others). By enrolling in identity monitoring Services, including dark web monitoring, you consent to and authorize us to provide your personal information to CSID and for CSID and its agents and employees to obtain and monitor your personal information and provide you alerts as part of the identity monitoring Services. You also consent to the collection by CSID of your personal information from the dark web (both before and after the acceptance of these terms) for the limited purpose of monitoring your personal information through the identity monitoring services, including dark web monitoring.

8. Fair Credit Reporting Act (“FCRA”)

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 reports provided or requested through our Platform are not intended to constitute the disclosure of information by a credit reporting agency as required by FCRA or similar laws.

Under FCRA, you are entitled to obtain an annual free disclosure of your credit report from each of the national credit reporting agencies. To request your free annual report under FCRA, you must complete an online form, available at http://www.annualcreditreport.com. You may also call a toll-free number at (877) 322-8228, or submit an annual credit report request form via mail (the form is available at http://www.annualcreditreport.com).

You are entitled to receive a free copy of your credit report from a credit reporting agency if:

• you have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days, based on information in a credit report provided by such agency.

• you have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days, based on information in a credit report provided by such agency.

• you certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.

• you certify in writing that you are a recipient of public welfare assistance.

• you certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.

In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

FCRA provides that you may dispute inaccurate or incomplete information in your credit report. You are not required to purchase your credit report from any of the credit bureaus 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, based on the above-described circumstances.

It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact those entities directly.

9. Applicable Law and Jurisdiction; Jury Waiver; Class Action Waiver

A. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Tennessee, regardless of Tennessee conflict of laws.

B. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Davidson County, Tennessee for any dispute or litigation arising out of, relating to, or the receipt, use, or purchase of Services from Kroll or its Representatives via this Platform.

C. Arbitration; Jury Waiver.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered in Nashville, Tennessee by the American Arbitration Association (“AAA”) in accordance with its Arbitration Rules then in effect. There shall be one arbitrator agreed to by you and Kroll (or its Representatives, as applicable) within twenty (20) days of a written request for arbitration. If the parties cannot agree, an arbitrator will be appointed by the AAA in accordance with its Arbitration Rules. Any award from any such arbitration proceeding may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration hereunder. Nothing herein shall prevent a party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of the dispute as is necessary to protect such party's proprietary rights.

You and Kroll agree that, to the fullest extent permitted by law, you and Kroll knowingly, voluntarily, and intentionally waive the right to a trial by jury in any action or other legal proceeding arising out of or relating to the Agreement, the Platform or the Services. The foregoing waiver applies to any action or legal proceeding, whether sounding in contract, tort or otherwise. You also agree not to include any employee of Kroll as a party in any such action or proceeding.

D. Class Action Waiver. You and Kroll (or its Representatives, as applicable) knowingly, voluntarily, and intentionally agree that each may bring claims against the other or a Representative only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

10. Your Passwords and Account Security; Online Access

A. Password and Account Security: Failure to comply with the below requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your account and your right to use the Platform.

You understand that you are responsible for, and agree to:

i. be solely responsible to Kroll for all activities that occur under your account; and

ii. notify Kroll immediately if you become aware of any unauthorized use or disclosure, loss, or theft of your password or of your account.

B. Online access

i. If you choose to sign up for the Services online, then you agree that you will not receive any communications or Services via postal mail.

ii. Online access to consumer credit report information is subject to verification of the identity of the user.

11. Termination of Relationship

A. Termination by You. If you want to terminate your legal agreement with us, you may do so, for any reason, at any time, by cancelling your Service(s) and/or closing your account(s).

B. Termination by Kroll.

1. For Cause:

a. We may terminate the Agreement if you have breached the Agreement or if you commit (or cause to be committed) negligence, fraud, willful misconduct or unlawful conduct arising from, in connection with or related to use of Kroll’s Services or Platform.

b. If Kroll terminates the Agreement with you for cause, you will forfeit the remainder of your Services.

2. For Convenience: We may terminate the Agreement for convenience, for any reason permitted by law. In such case, Kroll will provide written notice of such termination, upon thirty (30) days’ prior written notice, where practicable.

C. Effect of Termination. Provisions of the Agreement which by their nature are intended to survive termination of the Agreement shall survive termination of the Agreement.

12. Miscellaneous

A. No waiver of any breach of any provision of this Agreement or of any agreement with us will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of this Agreement or of any other agreement between you and us to be invalid or unenforceable, such findings will have no effect on any other part or provision of this Agreement or any other agreement between you and us.

B. We are not responsible for delay or failure to perform due to causes beyond our reasonable control.

C. This Agreement constitutes the whole legal agreement between you and us and govern your use of the Services (but excluding any services which we may provide to you under a separate written agreement), and completely replaces any prior agreements between you and us in relation to the Services. Kroll may update this Agreement or any related policy (such as the Privacy Policy) from time to time by posting revisions on the Platform.

D. 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 reasonably believe is your address. If you wish to update your registration information, please log in to your account and update your information.

E. When you provide us with comments, suggestions, or ideas (collectively, "Feedback"), such Feedback is not considered confidential and becomes the property of Kroll. We are not obligated to you for any reason if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.

F. We are not a credit repair organization or similarly regulated organization under other applicable laws, and do not provide credit repair advice.

G. Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).

Effective Date: November 30, 2018

Terms & Conditions: Canada

If you are located in Canada, the following Terms & Conditions will apply:

1. Your Use of the Web Portal, Services, and Products

By enrolling, accessing, and/or using the products and/or services (“Services”) offered by Kroll Information Assurance, LLC (“Kroll”, “we”, “our”, or “us”) and this web portal (the “Portal”), you (“you”) agree to be bound by these Terms and Conditions (the “Agreement”). The Portal is also referred to herein as the “Platform”. You represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and you confirm that you have read, understood, and agree to the terms and conditions of this Agreement, and agree to comply with all applicable laws, rules and regulations (“Applicable Laws”).

2. Privacy and Information Sharing

Please review our Privacy Policy (available on this Portal), which is incorporated into this Agreement, to understand how we collect, use and disclose information about you.

3. Disclaimer of Warranties

A. Some jurisdictions, including Quebec, either do not allow or place restrictions in certain types of agreements upon the exclusion or limitation of warranties, conditions, liability for loss or damage. Only the limitations and exclusions which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. You may have additional rights under applicable laws.

B. Our Platform, including all content, memberships, products and services made available on or accessed through this Platform (collectively, “Platform Services”), is provided to you “AS IS”. To the extent permissible under applicable law, Kroll and its officers, directors, employees, mandataries, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers (“Representatives”) disclaim all legal, express and implied warranties and conditions, including those of title, merchantability, quality and fitness for a particular purpose, title and non-infringement of third-party rights and/or third-party content.

C. You agree that you will access and use our Platform, Platform Services, and Services solely at your own risk.

4. Indemnification

A. You agree to indemnify, defend, and hold harmless Kroll and its Representatives (collectively, the “Indemnified Party”) from and against all third party claims, losses, expenses, damages and costs, including reasonable legal fees, arising out of, in connection with, or resulting from (i) your use of the Platform, Platform Services, or the Services; (ii) from any violation of the terms or conditions of this Agreement by you or caused by you; or (iii) your violation of Applicable Laws.

B. If the Indemnified Party is subject to any claim for which the Indemnified Party may be indemnified by you, the Indemnified Party may, at your expense, assume the exclusive defense and control of any such claim, and you will not settle any claim without the Indemnified Party’s prior written consent.

5. Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

A. Except as otherwise specified, you expressly understand and agree that Kroll and its representatives shall not be liable to you for any incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability, whether in contract, tort (including negligence), civil liability or otherwise. This shall include, but not be limited to (directly or indirectly) any loss of profit, any loss of goodwill, any loss of data suffered, cost of procurement or substitute goods or services, or other intangible loss. These exclusions of our liability shall apply to you whether or not we have been advised or should have been aware of the possibility of any such damages arising.

B. You agree that, to the extent permitted by Applicable Laws, Kroll’s total liability to you (and any of your minor children) for any or all of your losses or injuries (or those of your minor children) from Kroll’s, or its mandataries’, agents’ or representatives’ acts or omissions, regardless of the nature of the legal or equitable claim, shall not exceed $1,000 (one thousand dollars) in the aggregate. The foregoing liability shall apply in respect of any theory of liability, whether in contract, tort (including negligence), civil liability or otherwise, and whether or not we have been advised or should have been aware of the possibility of any such damages arising.

6. Third Party Terms

Certain of our identity monitoring services are provided through our third-party data and service provider, CSIdentity Corporation (“CSID”). By enrolling in identity monitoring services, including dark web monitoring, you consent to and authorize us to provide your personal information to CSID and for CSID and its agents and employees to obtain and monitor your personal information and provide you alerts as part of the identity monitoring services. You also consent to the collection by CSID of your personal information from the dark web (both before and after the acceptance of these Third Party Terms) for the limited purpose of monitoring your personal information through the identity monitoring services, including dark web monitoring, and agree that such collection by CSID is clearly in your interest. You may review the CSID Privacy Policy here.

7. Applicable Law and Jurisdiction; Arbitration; Jury Waiver; Class Action Waiver

A. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Tennessee, regardless of Tennessee conflict of laws, unless the laws of the jurisdiction where you reside require that the laws of such jurisdiction to apply. The terms of this section 7 shall apply only to the extent permitted by your jurisdiction, including Quebec.

B. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered in Nashville, Tennessee by the American Arbitration Association (“AAA”) in accordance with its Arbitration Rules then in effect. There shall be one arbitrator agreed to by you and Kroll (or its Representatives, as applicable) within twenty (20) days of a written request for arbitration. If the parties cannot agree, an arbitrator will be appointed by the AAA in accordance with its Arbitration Rules. Any award from any such arbitration proceeding may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration hereunder. Nothing herein shall prevent a party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of the dispute as is necessary to protect such party's proprietary rights.

B. For any dispute resolution not subject to the arbitration provision above, you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Davidson County, Tennessee for any dispute or litigation arising out of, relating to, or the use or purchase of Services from Kroll via this Platform or any matter relating to this Agreement unless the laws of the jurisdiction where you reside require that a venue located in such jurisdiction to hear such matters.

C. Jury Waiver

You and Kroll agree that, to the fullest extent permitted by law, you and Kroll knowingly, voluntarily, and intentionally waive the right to a trial by jury in any action or other legal proceeding arising out of or relating to the Agreement, the Platform or the Services. The foregoing waiver applies to any action or legal proceeding, whether sounding in contract, tort or otherwise. You also agree not to include any employee of Kroll as a party in any such action or proceeding.

D. Class Action Waiver

Some jurisdictions, including Quebec, do not allow a waiver of the right to file a class action in certain circumstances so that the following waiver may not apply to you. To the maximum extent permitted by Applicable Laws, you and Kroll (or its Representatives, as applicable) knowingly, voluntarily, and intentionally agree that each may bring claims against the other, or any Representative, only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

8. Your Passwords and Account Security; Online Access

A. Password and Account Security

Failure to comply with the below requirements shall constitute a breach of the Agreement and shall constitute grounds for immediate termination of your account and your right to use the Platform.

You understand that you are responsible for, and agree to:

i. be solely responsible to Kroll for all activities that occur under your account; and

ii. notify Kroll immediately if you become aware of any unauthorized use or disclosure, loss, or theft of your password or of your account.

B. Online access

i. If you choose to sign up for the Services online, then you agree that you will not receive any communications or Services via postal mail.

ii. notify Kroll immediately if you become aware of any unauthorized use or disclosure, loss, or theft of your password or of your account.

9. Termination of Relationship

A. Termination by You If you want to terminate the Agreement, you may do so, for any reason, at any time, by cancelling your subscription(s) and/or closing your account(s).

B. Termination by Kroll

1. For Cause

a. We may terminate the Agreement if you have breached the Agreement or if you commit (or cause to be committed) negligence, fraud, willful misconduct or unlawful conduct arising from, in connection with or related to use of Kroll’s Services or Platform.

b. If Kroll terminates the Agreement with you for cause, your subscription will terminate immediately.

2. For Convenience

We may terminate the Agreement for convenience. In such case, Kroll will provide thirty (30) days’ prior written notice of such termination, where practicable.

C. Effect of Termination

Provisions of the Agreement which by their nature are intended to survive termination of the Agreement shall survive termination of the Agreement.

10. Miscellaneous

A. No waiver of any breach of any provision of this Agreement or of any agreement with us will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of this Agreement or of any other agreement between you and us to be invalid or unenforceable, such findings will have no effect on any other part or provision of this Agreement or any other agreement between you and us.

B. We are not responsible for delay or failure to perform due to causes beyond our reasonable control.

C. This Agreement constitutes the whole legal agreement between you and us and govern your use of the Services, Portal, and the Platform (but excluding any services which we may provide to you under a separate written agreement), and completely replaces any prior agreements between you and us in relation to same. Kroll may update this Agreement or any related policy (such as the Privacy Policy) from time to time by posting revisions on the Platform.

D. 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 reasonably believe is your address. If you wish to update your registration information, please log in to your account and update your information.

E. When you provide us with comments, suggestions, or ideas (collectively, "Feedback"), such Feedback is not considered confidential and becomes the property of Kroll. We are not obligated to you for any reason if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.

F. We are not a credit repair organization or similarly regulated organization under other Applicable Laws, and do not provide credit repair advice.

G. You agree that you will use the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.

H. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.

Effective Date: November 30, 2018