Terms & Conditions
Effective Date: July 21st, 2016
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING AGREEMENT AND CONDITIONS FOR YOUR USE OF THE SITE.
Welcome to the IdentityForce website. This website is owned and operated by IdentityForce (“IdentityForce,” “we,” “our,” or “us”). This Agreement governs your use of www.identityforce.com and your use of any interactive features, widgets, plug-ins, applications, 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 through a membership to the Site which has been paid for by a third party on your behalf.
Authorization to Access Credit Report
- Site Content, Ownership, Limited License, and Rights of Others
- Content The Site contains a variety of: (i) materials and other items relating to IdentityForce 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 IdentityForce, including, but not limited to,IdentityForce®, IdentityForce® and Design, TransUnion®, Experian® Equifax® Chartis®, CSID, What-if Simulator (collectively, “ Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
- Ownership The Site and the Content are owned or controlled by IdentityForce 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 IdentityForce 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. IdentityForce owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
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, 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 ARE A U.S. RESIDENT, THAT YOU HAVE PROVIDED US YOUR VALID U.S. SOCIAL SECURITY NUMBER, AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL AND BUSINESS ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID U.S. SOCIAL SECURITY NUMBER.
A. Communications with Credit Reporting Agencies
As a condition to being a member to the Site, you agree to authorize IdentityForce and CSID 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 IdentityForce and CSID to deliver the products, services or packages you are entitled to under your membership. 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.
B. Cancellation of Membership
A member will have the right to cancel membership at any time upon notice to IdentityForce by phone at 844-866-3650. If you cancel by phone, our customer service operators are available 24/7/365. 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.
- Site and Content Use Restrictions
- Site Use Restrictions You agree that you will not: (i) aside from your purchase of goods or services offered for sale by IdentityForce 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 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 IdentityForce; (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 a user's access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, IdentityForce, 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.
- 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 IdentityForce 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.
- Disclaimer or Warranties
- Limitation of Liability
IN NO EVENT SHALL IDENTITYFORCE BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF IDENTITYFORCE’S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICES OR ANY DELAY IN PROVIDING SERVICES NOR SHALL IDENTITYFORCE HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN.
YOU UNDERSTAND THAT WE 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 IDENTITYFORCE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).
- Registration and Accurate Information
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 IdentityForce 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.
- Fair Credit Reporting Act (FCRA) Notice
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 IDENTITYFORCE 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 you 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 IdentityForce 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.
9. Content You Submit and Community Usage Rules
A. User-Generated Content .
(i) General . IdentityForce may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). 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.
(iii) License to IdentityForce 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 IdentityForce, and you agree to grant to IdentityForce, 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.
In order to further effect the rights and license that you grant to IdentityForce to your User-Generated Content, you also hereby grant to IdentityForce, and agree to grant to IdentityForce, 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 9(A)(iii).
(iv) Exclusive Right to Manage Our Site . IdentityForce may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and IdentityForce may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner.
Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or this Agreement or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 9(B)).
(v) Representations and Warranties Related to Your User-Generated Content . Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant IdentityForce the rights to it that you are granting by this Agreement and any Additional Terms, all without any IdentityForce obligation to obtain consent of any third party and without creating any obligation or liability of IdentityForce; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to IdentityForce’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate this Agreement (including the Rules) or any Additional Terms, or cause injury or harm to any person. IdentityForce has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content.
B. Community Usage Rules . As a user of the Site, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Site’s online communities (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all of the Agreement, including these Rules:
• Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with this Agreement and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties.
• Act Appropriately. All of your Site activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments and refrain from including any content that includes cursing, harassing, threatening, stalking, insulting comments, personal attacks and gossip or that is defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
• Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or Site or other commercial activity, or a politician, public servant, or law.
• Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
• Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
• Don’t Share Your or Other Peoples’ Personal Information including name, address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate you or another individual.
• Don’t Damage the Site or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Site or any computer or other Device.
10. Procedure For Alleging Copyright Infringement
A. DMCA Notice . IdentityForce will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material;
(iv) your full name, address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
IdentityForce will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:
By Mail: IdentityForce, 111 Speen Street, Suite 304, Framingham, MA 01701 (Attn: DMCA Agent)
By E-Mail: firstname.lastname@example.org
By Facsimile: (508) 788-6642
IdentityForce may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and IdentityForce may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Without limiting IdentityForce’s other rights, IdentityForce may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by IdentityForce.
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 IdentityForce or cause any other confusion, and (c) the links and the content on your website do not portray IdentityForce 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 IdentityForce.
12.Dispute Resolution and Class Action Waiver
Please read this section carefully as it affects your rights.
A.Disputes Subject to Arbitration . IdentityForce and the member agree to arbitrate all disputes and claims between and among them, including, but not limited to:
(i) claims arising out of or relating to any aspect of the relationship between IdentityForce and the member, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
(ii) claims that arose before this or any prior agreement between IdentityForce and the member (including, but not limited to, claims relating to advertising or disclosures of IdentityForce); and
(iii) claims that may arise after the termination of the Agreement.
Notwithstanding the foregoing, IdentityForce 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 IdentityForce.
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.
B.Starting the Dispute-Resolution Process. A party (i.e., IdentityForce 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 IdentityForce should be sent to the address provided in Section 10 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, IdentityForce and the member shall confer in good faith to attempt to resolve the claim or dispute. If IdentityForce 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 IdentityForce may commence an arbitration proceeding with the Judicial Arbitration and Mediation Services Inc. (“JAMS”).
C. Costs of Arbitration . IdentityForce 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 $500 or less (both to the member and IdentityForce), IdentityForce will pay all JAMS filing, administration, and arbitrator fees. If the member’s claim is for greater than $500 but less than $10,000, IdentityForce will pay all such fees in excess of $20. After IdentityForce receives a notice that the member has commenced an arbitration, IdentityForce will promptly reimburse the member for any portion of the filing fee that the member paid that IdentityForce 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 IdentityForce for any amounts it paid on to JAMS on the member’s behalf.
D. 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 IdentityForce 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 $10,000 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 $10,000, 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, IdentityForce and the member must bring all directly related claims in a single arbitration proceeding. If IdentityForce 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 IdentityForce may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, IdentityForce 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)).
E. Prohibition of Class or Representative Actions and Non-Individualized Relief. IDENTITYFORCE 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 IdentityForce 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 IdentityForce members or customers. Neither IdentityForce nor the member may seek non-individualized relief that would affect other IdentityForce 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.
F.Future Changes to Agreement to Arbitrate . Notwithstanding any provision in this Agreement to the contrary, we agree that if IdentityForce 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
You should send any notices or other communications regarding our Site, your membership, products or services to IdentityForce, 111 Speen Street, Suite 304, Framingham, MA 01701.
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 contact Customer Service at 877-694-3367.
A. 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.
C. Operation of Site; Availability of Products and Services; International Issues . IdentityForce controls and operates the Site from its U.S.-based offices in the U.S.A., and IdentityForce makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. 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 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.
D. 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.
E. Termination; Survival . IdentityForce 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 IdentityForce, 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 IdentityForce 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.
F. Assignment . IdentityForce 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 IdentityForce.
G. No Waiver . Except as expressly set forth in this Agreement or any Additional Terms, (i) no failure or delay by you or IdentityForce 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.