Identity Guard

Service Terms of Use




<p>Effective Date: February 12, 2021</p> <p>These Terms of Use (“Terms”) set forth legally binding terms that govern and restrict your use of the services offered through the Aura Identity or IdentityGuard services and all software that you may download through the services, whether through the web or mobile application (“Identity Protection”), with or without a subscription (collectively, the “Services”). YOUR USE OF AND/OR REGISTRATION FOR THE SERVICES CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE OR REGISTER FOR ANY OF THE SERVICES.</p> <p>Please note the arbitration provision set forth below, which may require you to arbitrate any claims you may have on an individual basis against Intersections Inc. doing business as Aura together with its affiliates, including Get Aura Inc., Pango Inc. and Pango GmbH (hereinafter referred to as “Aura”). EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT ASSERT SUCH CLAIMS IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.</p>1. Defined Terms<p>As used in these Terms, the following words shall have the following meanings. “Aura” includes “Intersections,” “Aura”. Aura Company”. “we”. “us”. and/or variations such as “our.” “Services” includes the products, services and software that you order, receive or access through the Site or otherwise through the Services.</p>2. Use of the Services<p>You may not use the Services unless you are above the age of majority. Any information you provide to us must be true, accurate, current, and complete. You shall not use the Services for any illegal purpose and you shall abide by all applicable local, state, provincial, territorial, national, and international laws and regulations. The Services are made available for your personal use only, and not for commercial purposes. You may not use the Services to obtain information about or make decisions about anyone but yourself. You are solely responsible for any reliance on, or any other use you make of, the Services. We do not provide the Services, or any advice or assistance, for the purpose of improving your credit report, credit history or credit rating. Please note that use of some Services may require your express agreement to additional terms from third parties not associated with Aura, and in such event, you may be required to provide information to these third-party service providers. Aura is not responsible for your agreement to or reliance upon any such terms.</p> <p>In addition, we will attempt to provide you with features of the Services that are available to you or that you elect to activate. If, for any reason, we are unable to activate a feature of the Services we may notify you via the Services and/or by email at the email address associated with your account, except where our inability to activate a feature of the Services was based on an action you elected not to take or made in error. Further, prior to the delivery of information relevant to certain alerts, we will require you to authenticate certain aspects of your identity and credit information. Absent your request to terminate, your inability to access any feature of the Services or the inability to authenticate your identity or credit information may not result in termination of the Services or suspension of billing unless otherwise terminated by Aura in our sole discretion.</p> <p>You agree that You will use the Services only for your own behalf. You will be responsible for all use of your membership number and must notify Aura immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number.&nbsp. You understand that by enrolling in the Services, You are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for Aura and its service providers to obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You authorize Aura and its service providers to use your Social Security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products.</p> <strong>3. Financial Transaction Monitoring</strong> <p>If you choose to activate our financial transaction monitoring Services (“Transaction Monitoring”), you must provide us (without limitation) the applicable account credentials for your credit, commerce, banking, investment, and other eligible account(s) (“Transaction Account Credentials”). By activating the Transaction Monitoring and providing us with your Transaction Account Credentials, you hereby grant Aura the express authorization to access your account(s) as your agent in fact and further grant to Aura a non-exclusive, fully-paid, perpetual, royalty-free, license to use, reproduce, distribute, and/or transfer any data or account information obtained for the sole purpose of monitoring your transactions within the corresponding accounts. Notwithstanding the foregoing, Aura may prepare, develop, and retain aggregated and/or anonymized data from your account for its own internal use. Should you change your account information (including your Transaction Account Credentials with any of your third-party providers) you must also update that account information in our system in order for Aura to continue to provide Transaction Monitoring to that respective account. You hereby acknowledge and understand that our network(s), products, and/or services are limited to the account information provided by you and the third party providers, and we may in certain limited circumstances experience delays and/or failures to process or identify fraudulent transactions. You hereby acknowledge and agree to monitor your accounts and transactions and further expressly recognize that you should not solely rely on alerts from Aura for accuracy or delivery in all cases.</p> <strong>4. Social Media Monitoring</strong> <p>If you enable this feature, it will monitor your accounts on popular social media sites and notify you of suspicious activity or potentially malicious links. It does not monitor chat or direct messages.</p> <strong>5. Home Title Monitoring</strong> <p>This Service sends a notification if there is an ownership or other change on the title to your home recorded by your county’s assessor or recorder’s office. If you receive a notification, you will need to contact your local county assessor or county clerk to get more detailed information and/or correct their records. This is a notice only service. The Home Title Monitoring Service does not include remediation Services or Identity Theft Event Insurance.</p> <strong>6. Limited Software License</strong> <p>6.1 License Grant. The Service, including all software provided as part of the Service (“<strong>Software</strong>”), is licensed, not sold, to you. Subject to this Agreement and any other agreements that apply to the Service and to which you are a party, Aura grants you a limited, revocable, nonexclusive, personal, non transferable license during the term of this Agreement to install and use the Software in object code format, to access the Service for internal and personal purposes only, and subject to Usage Limits. The Software is “in use” on a Device for purposes of this paragraph when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of a Device. You understand and agree that, from time to time and without liability to you, Aura may establish and/or modify its general practices and usage limits regarding Aura’s products and services (such practices and usage limits, the “Usage Limits” ). Usage Limits may include the features included in a certain package, limits on the number of devices that can be associated with an account and storage limits. The latest Usage Limits are generally available in our documentation or in the Services itself.</p> <p>6.2 Software License Restrictions. You may not (and may not allow a third party to):(a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law. (b) remove or destroy any copyright notices or other proprietary markings. (c) attempt to circumvent any use restrictions. (d) modify or adapt the Software, merge the Software into another program or create derivative works based on the Software. (e) use, copy or distribute the Software without Aura’s written authorization, except that you may make one (1) copy of the Software for archival or backup purposes only. (f) use the Software to provide, alone or in combination with any other software, product or service, any software/product/service to any person or entity, whether on a fee basis or otherwise or on websites where you have agreed "not to use any ad blocking solutions", for instance by agreeing to the terms of services on the respective websites or to circumvent technological measures that control access to websites. (g) repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Software. (h) combine or merge any part of the Software with or into any other software or documentation, or refer to or otherwise use the Software as part of an effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Software or to compete with Aura. (i) except with Aura’s prior written permission, publish any performance or benchmark tests or analysis relating to the Software. or (j) rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes or otherwise transfer the Software or any of your rights and obligations under this Agreement.</p> <p>6.3 Content Restrictions. You may not (and may not allow a third party to) copy, reproduce, capture, store, retransmit, distribute, or burn to CD (or any other format) any copyrighted content that you access or receive while using the Software or the Service. You assume all risk and liability for any such prohibited use of copyrighted content.</p> <p>6.4 Open Source. The Open-Source code components that are included with the Software are redistributed by Aura under the terms of the applicable Open-Source Code license for such component. Your receipt of Open-Source code components from Aura under this Agreement neither enlarges nor curtails your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code component. Copies of the Open-Source Code licenses for the Open-Source Code components that are included with the Software are included with or referenced in the Software’s Documentation.</p> <p>6.5 Restrictions. BY USING THE SOFTWARE OR THE SERVICE YOU AGREE NOT TO:</p> <p>(a) use the Software or the Service for any fraudulent, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person;</p> <p>(b) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service, the Software or any other materials provided by Aura;</p> <p>(c) delete the copyright or other proprietary rights on the Software or the Service;</p> <p>(d) use the Software or the Service for any illegal purpose, or in violation of any local, state, national, or international law;</p> <p>(e) use the Service or the Software for any commercial use, it being understood that the Software and the Service is for personal, non-commercial use only;</p> <p>(f) use the Software or the Service if you are not Eligible;</p> <p>(g) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software or the Service, features that prevent or restrict use or copying of the Software, or features that enforce limitations on the use of the Service;</p> <p>(h) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or the Software or any part thereof, except to the extent that such restriction is expressly prohibited by applicable law;</p> <p>(i) modify, adapt, translate or create derivative works based upon the Software or the Service or any part thereof. or</p> <p>(j) intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.</p> <p>NOTE: THIS LICENSE TO THE SOFTWARE SHALL TERMINATE UPON THE EARLIER OF: (i) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS LICENSE. (ii) THE RETURN, DESTRUCTION, OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. OR (iii) THE DATE UPON WHICH AURA POSTS, ANNOUNCES OR PROVIDES ANY OTHER NOTICE THAT IT HAS DECIDED, IN ITS SOLE DISCRETION, TO DISCONTINUE OFFERING THE SOFTWARE. Aura's rights and your obligations shall survive the expiration or earlier termination of this license. Upon expiration or termination, you shall destroy or return to Aura all copies of the Software, or any portion thereof and you will no longer have authorization to use the Software. When this license is terminated and/or the subscription is cancelled, you may no longer have access to data and other material you have stored in connection with the Software.</p> <strong>7. Fees and Charges. Automatic Renewals</strong> <p>Recurring Payments for Service. Our Service is billed on a subscription basis (“Subscription(s)"). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a regular basis, typically monthly or yearly. You agree to pay for the subscription that you select for the Service and you authorize us to automatically charge the payment method our service provider has on file for your recurring payments.</p> <p>You authorize us to charge your credit card or other designated account for the Services.<strong> If you contract to use the Services, your membership will be automatically renewed and you will be billed the same amount (plus applicable tax) at the end of the initial term (and each subsequent term, as applicable), until your membership is cancelled by you or terminated by Aura.</strong> You may cancel any Services at any time by calling 877-312-3220.&nbsp;</p> <p>In the event you enroll in a free trial of the Service, such free trial shall be available only if you are a first-time customer of the Service. Only one (1) free trial may be redeemed per person in a twelve (12) month period. Aura hereby reserves the right to refuse registration in our Services for any reason.</p> <strong>8. Changes to Services, Fees or Terms. Termination</strong> <p>At any time without liability to you, we may prospectively modify these Terms of Use, or the fees for any Services, or modify or cancel any Services. From time to time, we may add or discontinue material features to or from the Services. Any changes will be effective upon posting the revised version of these Terms of Use (or such later effective date as may be indicated therein). If in our sole discretion we deem a revision to these Terms of Use to be material, we will notify you via the Services and/or by email to the email address associated with your account. Notice of other changes may be provided via the Site. Therefore, we encourage you to check the date of these Terms of Use whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don't agree to any of the changes, we're not obligated to continue providing the Service, and you must cancel and stop using the Service.</p> <p>We reserve the right to terminate your account with or without cause at any time and for any reason or for no reason. You agree that any termination of your access to any Services may be effected without prior notice. You may terminate your account at any time by calling 877-312-3220. Once your account has expired or been terminated for any reason, you will have no further right or access to use the deactivated Services, and you immediately shall cease using and destroy all copies of any Software. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not remove or destroy any copyright notices or other proprietary markings. You may not modify or adapt the Software, merge the Software into another program or create derivative works based on the Software. You may not use, copy, rent, lease, lend, sell or distribute the Software without Licensor's authorization, except that you may make one (1) copy of the Software for archival or back-up purposes only.</p> <p>Please note that your use of the Software is only one part of a conscientious and comprehensive system to decrease the risk of misappropriation of your information by third parties. Aura and our suppliers, licensors, distributors, agents, and representatives make no guarantee that your information, including without limitation the information you store in the Software, will not be stolen or accessed by third parties.</p>9. Electronic Notices and Communications<p>THE SERVICES ARE ELECTRONIC, INTERNET-BASED SERVICES. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL BE ENTERED INTO ELECTRONICALLY, AND THAT THE FOLLOWING CATEGORIES OF INFORMATION (“COMMUNICATIONS”) MAY BE PROVIDED BY ELECTRONIC MEANS AND THAT SUCH COMMUNICATIONS PROVIDED ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING: THIS AGREEMENT AND ANY AMENDMENTS, MODIFICATIONS OR SUPPLEMENTS TO IT. ANY INITIAL, PERIODIC OR OTHER DISCLOSURES OR NOTICES PROVIDED IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION OUR PRIVACY POLICY, THE REGULATORY DISCLOSURES SET FORTH BELOW, ANY OTHER COMMUNICATIONS REQUIRED BY FEDERAL OR STATE LAW AND ANY OTHER COMMUNICATION RELATED TO THE SERVICES. COMMUNICATIONS MAY BE POSTED ON THE PAGES OF THE SERVICE WEB SITE(S) AND/OR DELIVERED TO THE EMAIL OR POSTAL MAIL ADDRESS YOU PROVIDE. YOU SHOULD PRINT A PAPER COPY OF THIS AGREEMENT AND ANY ELECTRONIC COMMUNICATION THAT IS IMPORTANT TO YOU AND RETAIN THE COPY FOR YOUR RECORDS. IN ORDER TO ACCESS AND RETAIN COMMUNICATIONS, YOU MUST HAVE: AN INTERNET BROWSER THAT SUPPORTS 128-BIT ENCRYPTION. AN EMAIL ACCOUNT AND EMAIL SOFTWARE CAPABLE OF READING AND RESPONDING TO YOUR EMAIL. A PERSONAL COMPUTER, OPERATING SYSTEM AND TELECOMMUNICATIONS CONNECTION TO THE INTERNET, OR IN THE CASE OF OUR MOBILE SERVICE, A WIRELESS DEVICE, SOFTWARE AND CONNECTION TO THE INTERNET CAPABLE OF SUPPORTING THE FOREGOING. AND SUFFICIENT ELECTRONIC STORAGE CAPACITY ON YOUR COMPUTER'S HARD DRIVE OR OTHER DATA STORAGE UNIT OR A PRINTER THAT IS CAPABLE OF PRINTING FROM YOUR BROWSER AND EMAIL SOFTWARE.</p>10. Export Restrictions<p>The Services are only available for purchase by residents of the United States of America (the “U.S.”) or those who have US credit files. You understand and acknowledge that you may not sign up for the Services or download the Software from countries outside of the U.S. You agree to abide by U.S., Canadian, and other applicable export control and import laws and not to transfer the Software to any country or person prohibited under such laws. Further, you acknowledge that the Software includes encryption capabilities that may be subject to export, import, and/or use controls under U.S., Canada, and other applicable laws. Accordingly, in no event may the Software, the underlying information and technology, and/or any support services be downloaded or otherwise exported, transferred, or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, the Crimea region of the Ukraine, or any other country or national of a country to which the U.S. or Canada has embargoed goods, sanctions, or other export restrictions. or (ii) to any person or entity prohibited by the U.S. or Canadian Governments, including but not limited to persons and entities on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entities List.</p>11. U.S. Government Restricted Rights<p>RESTRICTED RIGHTS LEGEND: All Aura software and documentation are commercial in nature. The Software and Software documentation are “Commercial Items,” as that term is defined in 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. § 252.227-7014(a)(1) and 48 C.F.R. § 252.227-7014(a)(5). The Software and any related documentation licensed to United States Government end users with only those rights as granted to all other end users will be according to the terms and conditions contained in these Terms and applicable sections of the Federal Acquisition Regulations, including but not limited to 48 C.F.R. §§ 12.212, 227.7202-1, 227.7202-3, and 227.7202-4.</p>12. Proprietary Rights<p>You acknowledge and agree that we or our licensors own all rights in and to the Services. Our rights and those of our licensors are protected by laws and regulations, including copyright laws, patent laws and international intellectual property treaties. You are permitted to use the Services only as expressly authorized by these Terms of Use. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile any of the Software, Services or other technology.</p>13. Third-Party Products and Web sites<p>We may offer or provide you access to products, services or web sites provided by third parties, including but not limited to&nbsp. free services provided by third parties and web sites that hyperlink to our website. Aura does not control or bear any responsibility for those websites or third parties, including but not limited to their products or services or use by them of personal information you may provide them.</p> <p>If You choose to access and use third-party websites, services or content, or purchase products from third parties, including without limitation through third-party payment vendors while using the paid Service, or through Advertisements while using the free Service, your personal information may be available to a third-party content provider. If you choose to visit or use any third-party products or services, Aura policies and this Agreement will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies, if any, and not our policies. Aura has no responsibility for any third party’s policies, or any third party’s compliance with them.</p>14. Disclaimer of Warranties<p>EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS ONLY. NEITHER WE, NOR ANY LICENSOR OR THIRD-PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, MAKES, AND EACH EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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 OR THAT THE SERVICE IS ERROR FREE OR SECURE. .</p> <p>WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS.</p> <p>IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT PROVIDED THROUGH THE SERVICES.</p> <p>AURA MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR OBJECTIVES.&nbsp;12. Limitation of Liability</p> <p>In this section, except where and to the extent prohibited by law, which may include the province of Quebec, in no event shall Aura, its partners, sponsors, advertisers, agents, employees, officers, directors or licensors, or any third party provider of any component of the Services be liable for any consequential, indirect, special, exemplary, punitive or similar damages arising from or related to the Services, including but not limited to any loss or damage caused by your reliance on information obtained through the Services, even if advised of the possibility of such damages in advance. Aura is not liable for any personal injury, including death, caused by your use or misuse of the Services.</p> <p>When using the Services, information may be transmitted over a medium which is beyond the control and jurisdiction of Aura, its partners, advertisers, and sponsors. Accordingly, Aura assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.</p> <p>Further, any software, material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and you shall be solely responsible for any injury, including without limitation damage to your computer system or loss of data that results from the download of such material and/or data.</p> <p>YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AURA IS TO DISCONTINUE YOUR USE OF THE SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID FOR THE SERVICES IN THE ONE-YEAR PERIOD PRIOR TO THE DATE THAT YOUR CLAIM ARISES. 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. PLEASE NOTE THAT THE LIMITATION OF LIABILITY AND REMEDIES SET FORTH IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.</p> <strong>15. Limitation of Liability</strong> <p>In this section, except where and to the extent prohibited by law, which may include the province of Quebec, in no event shall Aura, its partners, sponsors, advertisers, agents, employees, officers, directors or licensors, or any third party provider of any component of the Services be liable for any consequential, indirect, special, exemplary, punitive or similar damages arising from or related to the Services, including but not limited to any loss or damage caused by your reliance on information obtained through the Services, even if advised of the possibility of such damages in advance. Aura is not liable for any personal injury, including death, caused by your use or misuse of the Services.</p> <p>When using the Services, information may be transmitted over a medium which is beyond the control and jurisdiction of Aura, its partners, advertisers, and sponsors. Accordingly, Aura assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.</p> <p>Further, any software, material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and you shall be solely responsible for any injury, including without limitation damage to your computer system or loss of data that results from the download of such material and/or data.</p> <p>YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AURA IS TO DISCONTINUE YOUR USE OF THE SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID FOR THE SERVICES IN THE ONE-YEAR PERIOD PRIOR TO THE DATE THAT YOUR CLAIM ARISES. 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. PLEASE NOTE THAT THE LIMITATION OF LIABILITY AND REMEDIES SET FORTH IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS. NEITHER AURA NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER AURA NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE SERVICES. NEITHER AURA NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE SERVICES. NEITHER AURA, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID AURA FOR YOUR MEMBERSHIP. THE SERVICES IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.</p>16. Accounts &amp. Passwords<p>Registration as a user or subscriber with the Services may require both a user name and a password, and certain portions of the Site may require use of multiple one time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Site or Services and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to lock a user’s account in the event of any suspected or actual fraud or a violation of these terms.</p>17. Privacy<p>We collect personal information in connection with the Services, which is subject to the terms of our <u>privacy statement.</u> Further, in connection with your enrollment and registration for or use of the Services, you will be submitting your personal information to us, or allowing us to access your personal information, including without limitation account passwords, user names, financial account information and other personal information, as well as other data, materials and content you submit (“Your Information”). BY SUBMITTING YOUR ORDER, ACCESSING OR USING THE SERVICES, OR DOWNLOADING ANY SOFTWARE PROVIDED AS PART OF THE SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ OUR PRIVACY POLICY AND AGREE TO BE BOUND BY IT. Subject to our <u>Privacy Policy</u>, you agree that we may use, copy, modify, display and distribute Your Information as we see fit to provide the Services available through the Site. You represent that you have the right to give us Your Information and authorize its use as described above and in the privacy statement. Notwithstanding the foregoing, you agree and acknowledge that, in the event of your breach or violation of these Terms of Use, we may disclose, share or otherwise use Your Information to such third parties and to the extent we determine in our sole discretion necessary and appropriate to investigate, stop and/or seek appropriate remedies for damage or loss arising from, such breach or violation.</p> <strong>18. Dispute Resolution by Binding Arbitration</strong> <p>MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING CUSTOMER SERVICE AT 877-312-3220. IN THE UNLIKELY EVENT THAT CUSTOMER SERVICE IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE WITH AURA OR AURA’S SERVICE PROVIDER(S) TO YOUR SATISFACTION (OR IF AURA AND/OR AURA’S SERVICE PROVIDER(S) HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), YOU, ON THE ONE HAND, AND AURA AND/OR AURA’S SERVICE PROVIDER(S), ON THE OTHER, EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. WE WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, YOU, ON THE ONE HAND, AND AURA AND/OR AURA’S SERVICE PROVIDER(S), ON THE OTHER, WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM EACH OTHER PARTY TO THE SAME EXTENT AS YOU AND THEY WOULD BE IN COURT.</p> <p>You, on the one hand, and Aura and/or Aura’s service provider(s), on the other, agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement includes any Claims by You against Aura or Aura’s service provider(s) as well as their respective corporate affiliates for claims arising out of this Agreement directly related to the services or product/service websites. However, any disputes or claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act (“FCRA”) and/or the FCRA’s state law equivalent(s), are not subject to or governed by this agreement to arbitrate. You agree that, by entering into this Agreement, You, Aura and Aura’s service provider(s) are each waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for your payment of your arbitration filing fee. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. YOU, ON ONE HAND, AND AURA AND/OR AURA’S SERVICE PROVIDER(S), ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You, on one hand, and Aura and/or Aura’s service provider(s), on the other, agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Section 18 shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law.</p> <p>The terms of this Section 18 shall survive any termination, cancellation or expiration of this Agreement.</p>19. Miscellaneous Provisions<p>Identity theft insurance is governed by a master policy the terms of which are incorporated herein by reference. The issuance of the policy is evidenced by an insurance certificate, <u>summary of benefits</u>, or other similar document, that has been provided to you. You acknowledge receipt of this information and agree to be bound by the terms, conditions, limitations, and exclusions of the policy. To view these Terms and our website, you must use a supported browser. You may obtain a paper copy of these disclosures by calling 1-844-586-3395.</p> <p>For US residents, these Terms are governed by the laws of the Commonwealth of Virginia, USA, exclusive of its choice of law principles.</p> <p>For Canadian residents, these Terms are governed by the laws of the jurisdiction in which the individual resides.</p>20. Note on Public Records<p>The sex offender (“Offender”) information that is used on this site is derived from official public records. In certain cases, we may not obtain all the address information associated with the Offender who is contained in the public record. Depending on the public record data available, we may not be able to plot the Offender on a map and, as such, we may elect to not show information about the Offender. Some of the official data is gathered from the Offenders themselves who are required by law to notify authorities about any changes to their place of residence. The information contained on this site makes no representation as to any Offender's likelihood of re-offending or the nature of any future crimes they may commit.</p> <p>Aura has no control over the contents of official public records. If you believe the information on this website is incorrect, please contact the local police department in the applicable jurisdiction. That police department will be able to assist you directly or refer you to the appropriate authority. Harassing, stalking, defrauding, or threatening any Offender listed on this website most likely violates your state's laws and is neither condoned nor encouraged by Aura, its directors, shareholders, or employees. A person listed on this website does not necessarily mean that individual is an Offender. Please verify all information and contact your local police department for help.</p>21. Credit Report-Related Disclosures for US Residents<p>This product is not intended as a substitute for consumer reports or other information that may be available to you without charge. Under the Fair Credit Reporting Act you are entitled to obtain one free credit file disclosure annually from each of the three nationwide credit reporting systems (Equifax®, Experian®, and TransUnion®) and you may be eligible for additional free reports under certain circumstances, such as, if you are unemployed and intend to apply for employment, if you are receiving public welfare assistance, if you have reason to believe information in your file is inaccurate as a result of fraud, if you have placed a fraud alert or extended fraud alert on your file, or if you have been subject to an adverse action based in whole or in part on the contents of your consumer report.</p> <p>You also may be entitled to free file disclosures under state law. MA, VT, CO, MD, ME and NJ permit consumers to obtain one credit file per credit reporting agency per year, free of charge. GA permits consumers to obtain two credit files per credit reporting agency per year, free of charge.</p> <p>NOTICE TO ILLINOIS RESIDENTS: 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.</p> <p>The states of MA, VT, CO, NJ, MD and ME permit consumers to obtain one credit report per credit reporting agency per year, free of charge. The state of GA permits consumers to obtain two credit reports per credit reporting agency per year, free of charge.</p> <p>This Service is 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. Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your credit report is inaccurate, you have the right to dispute it by contacting the credit bureau directly.</p> <p>VANTAGESCORE 3.0 CREDIT SCORE: VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.</p> <p>There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.</p> <p>There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if your lender gives you a score that's different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.</p>22. Trademark and Copyright<p>© 2021 Aura All rights reserved. “AURA,” “INTERSECTIONS,” “IDENTITY DEFENSE” (and combinations thereof) are trademarks and/or federally registered trademarks of Aura. The following are trademarks of third parties: Equifax is a registered trademark of Equifax, Inc.. Experian is a registered trademark of Experian, Inc.. TransUnion is a registered trademark of TransUnion, LLC. Watson is a trademark of IBM Corporation. and other trademarks are trademarks of their respective owners.</p> <strong>23. Digital Millennium Copyright Act</strong> <p>It is Aura’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to our DMCA Notification Guidelines.</p> <strong>24. Apple App Store Additional License Terms</strong> <p>24.1 If the Software is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms set forth herein:</p> <p>(a) Apple is not responsible for the Services and has no obligation to furnish any maintenance or support services with respect to the Software or the Services.</p> <p>(b) In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software (if any) to the Customer. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by the Customer Agreement.</p> <p>(c) Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by this Agreement, and Apple is not responsible for such claim.</p> <p>(d) Any third party claim that the Software or your possession and use of the Software infringes that third party’s Intellectual Property Rights will be governed by this Agreement, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.</p> <p>(e) Apple shall be a third-party beneficiary of this Agreement and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.</p>25. Contact Us<p>If you have any questions about these Terms of Use, please contact us at:</p> <p>Customer Service</p> <p>P.O. Box 222455</p> <p>Chantilly, VA 20153-2455</p> <p>Or Email:&nbsp;Customer Service</p>&nbsp;Archived Versions:<p>Current Version</p> <p>September 2019</p>




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