Terms of Membership and Membership Agreement
These terms and conditions (terms of use) constitute a legally binding agreement between enrolled member of this membership program ("You" and "Your") and the Company (we, or us or our). By Your submission of Your request for enrollment, You agree to these membership terms and conditions, and acknowledge understanding of entering a legal and binding document with Us. WE URGE YOU TO READ THIS MEMBERSHIP AGREEMENT CAREFULLY UPON ENROLLMENT. ONCE ENROLLED YOU WILL REMAIN A MEMBER AND BE AUTOMATICALLY CHARGED A MEMBERSHIP FEE AS DESCRIBED IN "OFFER DETAILS" SET FORTH ON THIS WEBSITE UNTIL AND UNLESS YOU AFFIRMATIVELY CANCEL YOUR MEMBERSHIP BY FOLLOWING THE INSTRUCTIONS IN SECTION 5 BELOW. IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS OF MEMBERSHIP OR THE PRIVACY POLICY, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE, THE PRODUCTS, SERVICES, OR ANY INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW AND IN THE POSTED PRIVACY POLICY. IF YOU HAVE ANY QUESTIONS CALL OUR CUSTOMER REPRESENTATIVES AT 1-888-642-2729.
1. Member Enrollment.
By enrolling for membership You agree to the following: (1) the information You provided on the application and enrollment form is true, current and accurate. If any of the information You provided is untrue, inaccurate or not current or if We have reasonable grounds to suspect that such information is untrue, inaccurate or not current, We may, in our sole discretion, suspend terminate Your membership without further notice; (2) You are at least 18 years of age; (3) You are authorized to submit the payment information source and agree to payment for Your Membership; and (4) We will not be liable to You or any third party for suspension or termination of Your membership for any reason; (5) Your access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution; (6) Your Membership and the Services provided to You are non-assignable and non-transferable.
2. Membership Benefits.
As a member, You may have access to discounts and/or other benefits on certain products and services offer on this site and through third party vendors. Additional details about the benefits may be explained in either the "Member Area" of this site or in Your Membership Materials. Please see Your membership materials and Program Website for details and limitations. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in our sole discretion. Some of the Benefits may not be available in Your area.
Additional Membership Benefits of Credit Monitoring Products:
Upon enrollment in certain membership programs, We obtain credit information used to prepare Credit Reports from the three national credit repositories [Equifax, Experian, and TransUnion, collectively referred to as the "Repositories"]. The Credit Reports we provide are intended to furnish You with information that You may not otherwise have readily available to You, but should not be relied upon for important personal and financial decisions. You should consult Your own professional advisor for specific advice tailored to Your personal situation. You agree that We have no liability for information [accurate or inaccurate] in Your Credit Report.
As a Member of certain membership programs, You are entitled access to Your credit scores and reports at any time without affecting Your credit score. In addition, You will receive ongoing credit monitoring and/or other benefits. We may, at our sole discretion, modify or discontinue any of the services or a portion of such services, with or without notice. You agree that We will not be liable to You or any third party for any modification or discontinuance of any of the Services.
You understand and agree that in certain of our membership programs We provide a credit monitoring product. We give You access to Your Credit Report and We help You understand the information contained in Your Credit Report. We are not a credit repair organization. We cannot improve Your credit report, credit history or credit rating. We do not provide You with advice or assistance in improving Your Credit Report, credit history or credit rating.
If You believe that Your Credit Report contains inaccurate information, it is Your responsibility to contact the relevant consumer reporting agency, and follow the appropriate procedures for notifying the consumer reporting agency that You believe that Your Credit Report contains an inaccuracy. Any information provided to You regarding the procedures followed by the various consumer reporting agencies related to the removal of inaccurate information is provided without charge to You and is available for free.
Interactive tools such as simulators and calculators are may be made available to You as self-help tools for Your independent, personal use. We do not represent or guarantee their accuracy or their applicability to Your circumstances, or that they will help You raise Your credit score, or establish or re-build good credit, or improve Your credit record, credit history or credit rating.
We reserve the right to eliminate, add, change and substitute Benefits and data and information sources and suppliers without notice to You. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain Your sole responsibility or that of the provider of the Benefits, as the case may be.
Additional Membership Benefits of Software Applications:
If one of the Membership services programs offered is to down load Our proprietary software then the following terms and condition apply: (1) Upon enrollment for our services You will be given instructions as to how to download our software onto Your PC or Laptop computer; (2) As a Member, We are granting You a revocable, non-transferable, non-sublicensable, non-exclusive limited license to use Our software for Your personal information and use. You may not take any commercial advantage of this license. This license is automatically revoked upon termination of Your membership by either You or Us for any reason; (3) If, at any time, You wish to remove this Software from Your computer, please contact our Customer Support at 1-888-302-4569; (4) We will provide You, and You agree to receive ongoing email notifications alerting You to follow up on certain action to be taken in furtherance of such protections and/or other products and services by third parties; (5) We may, in Our sole discretion, modify or discontinue any of the services or a portion of such services, with or without notice. You agree that We will not be liable to You or any third party for any modification or discontinuance of any of the Services; (6) We reserve the right to eliminate, add, change and substitute services, software, data and information sources and suppliers without notice to You; (7) We assume no responsibility for the payment of or contribution to any use or sales tax on the Services which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain Your sole responsibility.
If the services provide for a User ID and Password for security purposes, You are the only person authorized to use Your user ID and password and for maintaining the confidentiality of Your user ID and password. You are responsible for the use of the Software and services under Your user ID. We will not disclose Your password if You lose or forget it. We are not responsible for any damage to You as a result of Your loss or sharing of Your user ID and Password. As You are storing information on Your personal computer, We do not make any guarantee of loss or theft of such information and use of Our software on Your personal computer is at Your own risk.
3. Membership Term.
Unless You notify Us that You wish to terminate this Membership Agreement and cancel Your membership by following the instructions in paragraph 5 below titled "Membership Cancellation", Your membership will commence on the date You sign up and continue or renew automatically each month thereafter, and You will be charged the then-current membership fee, which will appear on Your Payment Source statement, depending upon how You enrolled. This is known as a continuity plan. Notwithstanding anything to the contrary, we reserve the right to deny further service or free trials periods to anyone for any reason or no reason in our sole Discretion. You are limited to one membership per twelve-month period per Immediate Family.
4. Payment of Membership Fee.
The payment of Your membership fee which, if applicable, includes any trial period fee as well as any applicable enrollment or processing fees and shipping and handling charges is made automatically by a direct charge(s) to the payment source authorized by You ("Payment Source"), in accordance with the payment terms to which You agreed. In the event that Your Payment Source cannot process the membership fee due to insufficient available credit or funds, We may, at our discretion, divide the total membership fee into incremental charges in order to process the total membership fee. The Membership fee is described in the "Offer Details" on the website and is processed one time each month. We are not responsible for any overdraft/over-the-limit charges or bank fees if Your account contains insufficient funds when Your order is processed and billed. We recommend using a credit card rather than a debit card. Canceling too close to the end of the trial or renewal date may cause a processing delay and a charge to Your account. If You are eligible for a refund, refunds can take 7-10 business days to be processed.
We reserve the right to increase or decrease the membership fee, or add new fees and charges, from time to time. You agree that, unless You cancel Your membership prior to the effective date of the membership fee increase, You will be charged the new applicable periodic membership fee on each anniversary date after the effective date of such change, and You authorize Us to charge the new applicable periodic membership Fee to Your Payment Source. You are solely responsible for any and all fees charged to Your Payment Source by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. You have the right to be notified of any increase in fees charged and if You wish to exercise this right, please contact our Customer Service Department at 1-888-642-2729.
Electronic Fund Transfer Authorization By Debit Card/Checking Account Users. If the Payment Source You have provided is a checking account, You authorize Us to create an electronic funds transfer request ("EFT") which will be presented to Your bank for payment from Your checking account. To extend Your membership Term period-to-period, You authorize Us to charge Your checking account each month and therefore to affect pre-authorized transfers from Your checking account. Your request to pay Your recurring periodic membership Fee with pre-authorized charges to Your checking account and Your electronic execution of an acknowledgement of Your acceptance of this Membership Agreement ("Electronic Signature") constitutes Your pre-authorized EFT authorization for future charges on Your checking account and Your assent to these terms and conditions. You further acknowledge that the amount charged to Your checking account may be different from time to time, in accordance with this Membership Agreement, including, without limitation, differing amounts due to Promotional membership Fees or differing amounts due to changes in Your membership plan, and You authorize Us to charge Your checking account for such varying amounts. You agree that if an EFT is returned unpaid, You will pay a service charge of the maximum allowed by law. EFTs returned for insufficient or uncollected funds, together with service charges, may be debited electronically from Your account or collected using a bank draft drawn from Your account. You may cancel Your membership as described herein. Such cancellation will cancel any checking account authorization that was to occur on any day after the date of cancellation. You may also cancel Your pre-authorized debit authorization by contacting Your bank within a sufficient time to cancel the authorization (see Your agreement with Your bank for the terms and conditions of cancellation), but cancellation of Your authorization with Your bank will not serve as notice to Us concerning cancellation of Your membership.
5. Membership Cancellation.
YOU MAY CANCEL YOUR MEMBERSHIP AND TERMINATE THIS AGREEMENT AT ANY TIME BY CALLING US AT 1-888-642-2729. YOUR CANCELLATION WILL BE EFFECTIVE PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION REQUEST. UPON CANCELLATION, YOU WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT. ANY OTHER FEES OR CHARGES INCURRED IN CONNECTION WITH OUR PROGRAM (INCLUDING BANK OR OVERDRAFT CHARGES) ARE YOUR RESPONSIBILITY. WE WILL TERMINATE YOUR MEMBERSHIP IF IT IS NOT USED IN ACCORDANCE WITH THIS MEMBERSHIP AGREEMENT OR HAS NOT BEEN PROPERLY ENROLLED. IN SUCH CASES, WE RESERVE THE RIGHT TO: (1) NOT REFUND MEMBERSHIP FEES PAID BY YOU; AND (2) NOT TO FULFILL ANY PENDING BENEFITS UP TO ONE MONTH PRIOR TO CANCELLATION OF THE MEMBERSHIP BY US. WE RESERVE THE RIGHT TO TERMINATE YOUR MEMBERSHIP AT ANY TIME FOR ANY OTHER REASON PROVIDED THAT WE MAKE ANY REFUND DUE TO YOU BASED UPON THE TERMS OF YOUR ENROLLMENT. A MEMBER IS PROHIBITED FROM RE-ENROLLING IN THE PROGRAM FOR AT LEAST TWELVE (12) MONTHS FROM CANCELLATION. Upon notification of cancellation of Your Membership, no further charges will appear on Your payment source statement. There is no refund for months You are a member nor is there any prorating of charges if You cancel in the middle of the billing cycle.
6. Notice of Membership Price Change.
We reserve the right to increase or decrease the Membership Fee for each renewal Membership Term (or each twelve-month period for memberships under the monthly billing plan), effective upon renewal of Your Membership and we will notify You of any changes in the fee upon Your request. You have the right to receive written notice of all changes to Your membership fee that vary from the amount You previously authorized. Should You wish to receive such written notification in advance of any change to Your membership fee, please contact us at 1-888-642-2729.
7. Disclaimer and Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE, THE PRODUCTS AND SERVICES PROVIDED HEREIN IS AT YOUR SOLE RISK. ALL PRODUCTS AND SERVICES PROVIDED BY US (COLLECTIVELY, THE "PRODUCT(S)") ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE, WITH RESPECT TO THE USABILITY, TIMELINESS, RELIABILITY, ACCURACY, VALIDITY, OR COMPLETENESS OF ANY PRODUCT, THAT THE PRODUCTS WILL MEET YOUR NEEDS, OR THAT THE PRODUCTS WILL BE PROVIDED ON AN UNINTERRUPTED BASIS AND WE EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. THE INFORMATION CONTAINED IN THIS WEBSITE OR OTHER MATERIALS YOU MAY RECEIVE FROM US DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. WE DO NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OF SOFTWARE OR SERVICES, AS APPLICABLE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
ALL WARRANTIES OR GUARANTEES GIVEN OR MADE HEREIN WITH RESPECT TO THE SOFTWARE OR SERVICES ARE SOLELY FOR THE BENEFIT OF YOU AS THE REGISTERED USER OF THE SOFTWARE AND ARE NOT TRANSFERABLE AND SHALL BE NULL AND VOID IF YOU BREACH ANY TERM OR CONDITIONS OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO PAYMENT TERMS.
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATED TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS INCORRECT OR INCOMPLETE INFORMATION PROVIDED BY YOU TO USE, ANY ACCESS TO OR USE OF YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON OR THE LIKE OR RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE WEBSITE (IF APPLICABLE), PRODUCTS, MEMBERSHIP BENEFITS, OR CONTENT, OR FROM YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE (IF APPLICABLE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON US, THEN YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM OUR ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE PRODUCT WHICH IS THE SUBJECT OF YOUR CLAIM. THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE YOU WITH THESE SERVICES WITHOUT SUCH LIMITATIONS.
8. FCRA DISCLOSURES FOR CREDIT MONITORING PRODUCTS AND SERVICES.
If You have selected a monthly monitoring service and product, please review the following Fair Credit Reporting Act ("FCRA"). The FCRA allows You to obtain copy of all of the information in Your consumer credit file disclosure from consumer reporting agencies for a reasonable charge. Full disclosure of information in Your file at the three national credit repositories must be obtained directly from the repositories by calling: Experian: 1-888-EXPERIAN (1-888-397-3742); Equifax: 1-800-685-1111; or TransUnion: (1-800-888-4213).
The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances: (1) You certify in writing that You are unemployed and intend to apply for employment in the next 60 days; (2) You are on public welfare assistance; (3) You have reason to believe that Your file at the consumer reporting agency contains inaccurate information due to fraud; and (4) You have been denied credit, insurance, or employment within the past 60 days as a result of Your Credit Report.
The FCRA also permits consumers to dispute inaccurate information in their Credit Report without charge. Accurate information cannot be changed. You do not have to purchase Your Credit Report or other information from Us to dispute inaccurate or incomplete information in Your credit file maintained by the Repositories.
The Credit Report You are requesting from Us is not intended to constitute the disclosure of Experian, Equifax or Trans Union information required by the FCRA or similar state laws.
Beginning December 1, 2004, the FCRA allows consumer to get one free comprehensive disclosure of all the information in their credit file from each of the Repositories once every 12 months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the Credit Reports from each of the Repositories that are available from Our Website may not have the same information as a credit report obtained directly from the three Repositories or through the central source. To request Your free annual report under the FCRA, You must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) FACTACT or by using the mail request form available at the central source website. The Products at this Website are not related to the free FCRA disclosure that You are or may be entitled to.
Consumers residing in the states of Colorado, Maine, Maryland, Massachusetts, New Jersey, and Vermont may receive an additional free copy of their credit report once per year and residents of the state of Georgia may receive two (2) additional copies per year. For Illinois residents, 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.
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, see the contact information and dispute process description contained in the FAQs available from most pages of their Site. The form of credit report and related disclosures provided directly by such agencies to You may differ from those provided by Us.
9. GOVERNING LAW.
THIS AGREEMENT AND THE TERMS OF MEMBERSHIP, SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
10. ARBITRATION.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND US, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, COMMERCIAL RULES, AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
11. GENERAL TERMS:
A. Modification to Agreement. We have the right to change, modify or add to the terms and conditions governing products offered through this site. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including posting on this site or by other electronic or conventional means. You agree to review this page periodically to be aware of any such changes, modifications, additions, or deletions to the terms and conditions stated herein. Your continued use of the site after such notice has been given shall be deemed to constitute acceptance of the changes, modifications, additions or deletions.
B. Third party links. For purposes of convenience, the site contains links to third party websites. We make no representations or warranties about any third party website that You may access through the links. By providing a link to those websites, We do not endorse, adopt, or otherwise accept any responsibility for the content or use of those websites.
C. Availability Restrictions. Services are only available to residents of the 50 United States. Offer is void where prohibited.
D. Copyright & Trademark Notices. You acknowledge that Our Website(s) contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protect in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under U.S. copyright laws. The Membership Program name and logo are Our service marks. All other service marks and trademarks appearing on our Website(s) are the trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any Content in whole or in part.
E. Our Privacy Policy. By using our Site, becoming a member of one of our membership programs, or purchasing any of our products or services, You agree that we may use and share Your personal information in accordance with the terms of our Privacy Policy.
F. Disclaimers. Because of the security measures we have implemented on our Website are designed to protect Your privacy and to safeguard Your information, we may not always be able to successfully provide our Products to You, including instant online delivery of Your credit report for online customers. For example, for certain of our online Products, when the system is unable to verify Your identity online, You may be routed through a manual authentication process. For other products, we cannot offer a manual authentication process and will be unable to fulfill Your order if You fail online authentication one or more times. We may use Your personal information to the extent necessary to process Your order and/or engage in business maintenance. You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive Your Products online.
G. Survival Clause. In the event of termination, the Intellectual Property, Disclaimers, and Limitations of Liability provisions set forth in these Terms and Conditions will survive.
H. Conflicts. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Website or otherwise, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
I. Enforceability. If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights no expressly granted herein are reserved.
J. Monitoring. Although We have no obligation to monitor the Service, You acknowledge and agree that we have the right to monitor the Service electronically from time to time and to disclose any information as necessary to appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly or to protect Ourselves or other Members. We will not intentionally monitor or disclose any private e-mail message unless required by law. We reserve the right to review to Services in whole or in part that in Our sole discretion is unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
K. Entire agreement. These Terms of Service, the Privacy Policy, and other policies We may post constitute the entire Agreement between Us and You in connection with Your use of this Website (if applicable), the Products, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. No representations, inducements, promises or agreements concerning the Membership not included in this Agreement shall be effective or enforceable.
L. Consent to Electronic Communications. You consent to receive communications from Us about Your membership electronically, either by e-mail or by notices posted on the Program Website, as determined by Us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. You agree that We may send You e-mails which include notices about Your membership as well as information pertaining to the program and services, such as featured products/services or new offerings. You agree that this information is part of Your membership with Us.
You represent that You have read this Agreement and the posted Privacy Policy, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing You access to and use of the Site and Your membership, We have relied on Your agreement to be bound by the terms of this Agreement.
Last Updated July 27, 2009
