The ID-Theft-Alerts.com web site (the "Site") is an online source of information and products for your personal use. By using or visiting the Site, you expressly agree to be bound by these Terms Use (the “Terms” or the “Agreement”) set forth below and to follow these Terms and all applicable laws and regulations governing the Site. If you do not agree with any of the Terms, please do not use this Site.

ID-Theft-Alerts.com ("IDAlerts," "we," "us" and variations such as "our") reserves the right to change these Terms at any time, effective immediately upon posting on the Site. The Terms are in addition to, and do not override, the specific terms and conditions, if any, that apply to the products or services offered by us and otherwise through the Site. If you fail to comply with any of these Terms, we may at any time terminate your rights under this Agreement at our sole discretion and without prior notice.

Please note that IDAlerts is not a credit repair organization or similarly regulated organization governed by the federal Credit Repair Organizations Act or similar state laws. IDAlerts does not provide so-called "credit repair" services or advice or give advice or assistance regarding "cleaning up" or "improving" your credit record, credit history or credit rating.

This Site is for informational purposes only, and is intended to provide helpful and informative material on the subjects addressed. We do not provide legal, accounting, investment, financial or any other kind of professional advice or services. To make sure that information or suggestions on this Site fit your particular circumstances, you should consult with an appropriate professional before taking action based on any information on this Site. We are neither an insurance company nor an agent for any insurance company and we do not sell, solicit or negotiate insurance.

Description of our Services ("Services")

We will, upon your enrollment with us:

• request that TransUnion, or other credit bureaus as may become appropriate, place fraud alerts on your consumer reports to the extent permitted by 15 U.S.C. § 1681c-1;
• request, to the extent permitted by 15 U.S.C. § 1681b(e), that your name be removed from pre-approved credit card mailing lists;
• provide to you free credit reports; and
• request that your name be removed from junk-mail lists by using the opt-out options established by the Direct Marketing Association.

Your account will be automatically renewed for one (1) month, three (3) months or one (1) year, depending on the term you initially select, on the anniversary date of your enrollment on the Site.

Refusal of Services

We will determine whether or not to accept you as a client and provide to you the Services, and we may refuse to provide to you our Services for any reason. These reasons include, but are not limited to, credit review, the unavailability of the Services, and errors in the prices and descriptions pertaining to the Services.

Your Obligations

You agree that you are only providing your own personal information and not the information of any other individual. You agree that the information you provide during the Site enrollment process and any subsequent information you provide to us will be true, accurate, and current. YOU ARE OBLIGATED TO CONTACT OUR CUSTOMER SERVICE GROUP IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED TO US HAS CHANGED. In addition, you agree that you will not purposely engage in behavior that will put your personal information at unnecessary risk, such as leaving your PIN or passwords in obvious places or publishing your Social Security Number. You additionally agree that you have a good faith suspicion that you have been or are about to become a victim of fraud or related crime, including identity theft, that you want to obtain fraud alerts under 15 U.S.C. § 1681c-1, and that you will notify us immediately if and when you no longer have such a good faith suspicion. You agree to comply with all applicable laws and regulations and that you are buying the Services for your own personal use only. You agree that you are eighteen (18) years of age or older.

Information Sharing

In order to fulfill our Services, we must provide your personal identifying information with third parties including, but not limited to: TransUnion, Experian and Equifax, or other credit bureaus as may become appropriate. You agree that we may provide your information to these third parties. Therefore, you waive any and all claims against IDAlerts for the acts and omissions of these companies with regard to the use or disclosure of such information.

Fees, Billing and Cancellation of Services

You authorize us to bill your credit card or other account that you have designated unless you tell us in advance to cancel your order. Monthly or annual fees and renewal fees will be billed at the rate agreed to at purchase. You may cancel the Services at any time by calling the number provided on the Site or any printed IDAlerts materials. If you cancel the Services, your account will remain active for the duration of your subscription and will expire on your billing anniversary date and not renew.

Authorization

By accepting these Terms, you expressly authorize our authorized employees to: complete and execute on your behalf documents required to provide the Services; speak to third parties on your behalf as required to provide the Services; and, act as your personal representative under 15 U.S.C. § 1681c-1, under which consumers or their authorized representatives have the right to obtain fraud alerts.

Privacy Policy

We respect your privacy. Please see http://www.ID-Theft-Alerts.com/privacy.aspx to review our Privacy Policy, the terms and conditions of which are incorporated into this Agreement. You agree to accept the terms of the Privacy Policy as a condition of acceptance of this Agreement.

No Representations or Warranties

THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION DELIVERED AS PART OF THE SERVICES, IS PROVIDED ON AN "AS IS" BASIS ONLY. NEITHER IDALERTS, NOR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, MAKES ANY, AND EACH EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR ARISING OUT OF COURSE OF DEALING OR USAGE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY, THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THAT THE SERVICES ARE ERROR FREE. THE SERVICES CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY REPORTING AGENCIES OR OTHER THIRD PARTY DATA PROVIDERS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER IDALERTS NOR ANY SUCH THIRD PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND WE HAVE NO LIABILITY FOR SUCH FAILURE. IN NO EVENT WILL WE WARRANT OR GUARANTY THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS OF ANY INFORMATION, PRODUCTS, OR SERVICE ON THE SITE. The information, products, and services available on the Site may include technical inaccuracies or typographical errors. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS, SERVICE AND CONTENT ARE AT YOUR OWN RISK. b.) For purposes of convenience, the Site may contain links to third party web sites. We make no representations or warranties about any third party web site that you may access through the links on the Site. By providing a link to those third party web sites, we do not endorse, adopt, or otherwise accept any responsibility for the content or use of those third party web sites. When you access a non-IDAlerts web site, please understand that we have no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature.

IDAlerts does not control the content of your credit reports, which are based on your past or historical credit behavior, and we cannot change that information for you. Our services are not intended to substitute for any free credit report or disclosure that any credit reporting agency or bureau is required by law to provide to you. If information in your credit report is inaccurate you have the right to dispute it by contacting the credit bureau directly.

MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM GOVERNMENT AGENCIES. CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT RECORD UPON REQUEST, AT NO CHARGE OR FOR A NOMINAL FEE.

Limitation of Liabilities

You agree that IDAlerts is not responsible for any data compiled by our Services and that we will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. IN NO EVENT SHALL IDALERTS, OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO OUR SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THE SITE, OR ANY LINKED WEB SITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES , INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. OUR TOTAL LIABILITY ARISING FROM OR RELATED TO OUR SERVICES, THE SITE, ANY PRODUCTS OR CONTENT MAY NEVER EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES FOR THE PROCEEDING TWELVE (12) MONTHS. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Arbitration

This Agreement will be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within that State. We will try work in good faith to resolve any issue you have with our products or the Site if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. You agree that any dispute or claim arising out of or relating in any way to your use of this Site must be resolved exclusively by binding arbitration. The only exception would be if you have violated or threatened to violate the intellectual property rights of IDAlerts or any third party, in which case IDAlerts or that third party may go to court to seek an injunction or other appropriate relief. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes. Unless a different result is required by applicable law, no claims of any other parties may be joined or otherwise combined in the arbitration proceeding. In other words, you agree that you will not be allowed to file a class action or any kind of class or joint arbitration. Unless otherwise expressly required by applicable law, each party is responsible for its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which the arbitrator is not authorized to award), and subject to these Terms of Use, the arbitrator is authorized to award either party any money damages or any provisional or equitable remedy permitted by applicable law.

The award of the arbitrators may be enforced by the prevailing party in any court having jurisdiction. Each party consents to the non-exclusive jurisdiction of the courts of the State of California or to any Federal Court located within the State of California for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim, or provisional equitable remedies. If this arbitration agreement is held to be invalid or otherwise unenforceable for any reason, it will be severed from these Terms and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Sacramento, California.

You agree that, even if a statute of limitations or other law provides for a longer time period, any action against IDAlerts, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information, products, or services relating to this Site or any information, products, or services available on or from this Site must be brought within 12 months after the event that gave rise to the cause of action or it is forever barred.

BECAUSE YOUR USE OF THIS SITE REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE FOR ANY REASON, THEN YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN THE CITY OF SACRAMENTO, CALIFORNIA, AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM.

Indemnification

You agree to indemnify, defend and hold harmless IDTheftAlerts, our officers, directors, employees, agents, licensors, suppliers and any third party providers of information or services to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms or any User Agreement applicable to products you have purchased, or your violation of the intellectual property rights of IDAlerts or any of those other parties.

 

Copyright Notice

Copyright Notice: © 2010 ID-Theft-Alerts.com, All Rights Reserved. Except as otherwise provided, IDAlerts owns all content contained in this Site, including without limitation computer code and the information, materials, text, graphics, Site design, and the selection, assembly and arrangement of those items ("Content"). The Content is protected by copyright laws of the U.S. and other countries, and you may not use it for any commercial purpose or copy, distribute, display, modify, reproduce, perform, publish, post, or reverse engineer any Content, in whole or in part, without the prior written permission of IDAlerts.

Policy Regarding Children

We define children as individuals under the age of 16. The Site is not intended for the use of children and we do not intend to collect information about children through the Site. You must be at least 18 to access the Services.

Miscellaneous

These Terms may not be altered, supplemented, or amended by you by the use of any other document(s). Any attempt to alter, supplement or amend the Terms or to enter an order for the Services which is subject to additional or altered terms and conditions will be null and void, unless agreed to in writing and signed by you and us. No waiver by IDAlerts of any breach of these Terms or of any User Agreement will constitute a waiver of any other breach of the same or other provisions. Any waiver must be in writing. The section headings used herein are for convenience of reference only and do not form a part of these Terms, and no construction or inference will be derived therefrom. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision.

Entire Agreement

The Agreement, including all Terms and documents referred to herein, represents the entire understanding between you and ID-Theft-Alerts.com regarding your relationship with ID-Theft-Alerts.com and supersedes any prior statements or representations. When using or purchasing the Services, you agree to be bound by these terms and conditions.

If we have not specifically granted you a right under these Terms or a User Agreement, that right is reserved to IDAlerts.