Last Updated: 9/20/2020
INFORMATIONAL PURPOSES; NO PROFESSIONAL ADVICE.
THE INFORMATION, CONTENT AND MATERIALS CONTAINED AT AND WITHIN THE WEBSITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT MEANT TO BE A SUBSTITUTE FOR PROFESSIONAL COUNSELING AND/OR ADVICE FROM CERTIFIED LEGAL OR FINANCIAL PROFESSIONALS. FOR SPECIFIC ADVICE REGARDING YOUR PARTICULAR SITUATION, YOU MUST SEEK ADVICE FROM QUALIFIED LEGAL, TAX OR FINANCIAL ADVISORS.
We are not a credit repair organization, credit counselor, or financial or legal advisor as defined under federal or state law. Use of our Services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating. Additionally, we do not guarantee that the information we present as part of our Services, including credit report or credit score information, is the same information that may be used or reviewed by a third party to assess your creditworthiness or eligibility for any particular product or service or for employment. We do not represent or guarantee the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website.
Any information contained on the Website with respect to results obtained is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present members or the circumstances of their specific matters do not constitute testimonials or endorsements by such members, nor are they a guarantee, warranty or prediction of the outcome of your matter.
The Website gives users general educational and informational resources about the Services, and the ability to register for the Services. "Services" shall mean all products, services and member benefits provided on or accessed through the Website, including the content, features, tools, data, software and functions made available through the Website, and other websites and applications we operate. You are not required to sign up for our Services in order to visit and read material on the Website, however, you will need to register in order to use and take advantage of the Services.
Products and Services offered include the following:
Credit Monitoring. Credit Monitoring monitors your credit files which will be provided by TransUnion, Equifax and Experian.
Credit Monitoring monitors one or more of your credit files, depending upon the type of credit monitoring that may be offered to you, which are separately owned and/or maintained by each of the applicable credit bureaus: TransUnion, Experian, and Equifax. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY THE SERVICES PROVIDED BY OR THROUGH THE BUREAUS.
Credit Monitoring monitors the credit file most closely identified with you based on multiple identifying factors such as first, middle and last names, current and former addresses, Social Security number and date of birth. If it is believed that the consumer data or reports may be inaccurate or missing, your sole remedy is to contact the third party credit bureaus that are providing and reporting such information.
In the event three-bureau credit monitoring is offered to you and you order a three-bureau credit monitoring product, by placing your order, you agree that, if fewer than all three credit bureaus enroll you in their credit monitoring, we are authorized to monitor only the credit files at the bureau or bureaus that enrolled you. Any such credit monitoring will be provided at the price agreed upon; you will not be eligible for a price reduction, discount or refund.
Credit Scores. Credit Scores will be provided by TransUnion, Equifax and Experian.
The Credit Scores are provided to help you better understand how lenders view your credit report. The information used to determine your credit score comes from one of the three major credit bureaus TransUnion, Equifax and Experian.
Credit reports are a compilation of credit information that is reported to the applicable bureau by the various lending institutions with which you have accounts. There are various types of credit scores, and lenders use a variety of different types of credit scores to make lending decisions.
Like other credit scores offered to consumers, the credit score that we offer may not be likely to be the same score used by lenders or other commercial users for credit decisions. Only your lender can determine which credit score it may use to determine your credit eligibility.
Identity Protection Insurance. Identity Protection Insurance provides assistance should you become a victim of identity theft, and you may be covered for certain losses up to $1,000,000 for Stolen Funds Reimbursement and up to $1,000,000 for Personal Expense Compensation. Subject to certain limitations and restrictions. See the Summary of Identity Protection Reimbursement Coverage terms here.
Not all Services are available with every membership plan. Once you successfully register, you will have immediate access to the registered Services through a personal member portal ("Portal") accessible on the Website, where you can view your Member Profile as well as the specific Services you have registered with, and any results of such Services. It is the member's responsibility to log into the Portal frequently to use and/or to check the status of any provided Services. We may, at our discretion, modify or discontinue any of the Services or a portion thereof, 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. Your continued use of the Services, or your failure to terminate your membership, after any such modifications have been made to the Services, will constitute your acceptance of those modifications.
Should we provide to you, or allow you to create a username and/or password which grants you to access certain parts of the Website and Services, you will be solely responsible for maintaining the confidentiality of the username, password and your account information, and are fully responsible for all activities, including electronic communications, that occur under and on behalf of your account. You agree that you will immediately notify us of any unauthorized use of your password or account, or any other suspected breach of security, and that you will log off of the Website and Services at the end of each session to prevent fraud on your account by third parties. The Website and Services are not intended for use by children under the age of 18. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
YOU UNDERSTAND THAT IT MAY BE A VIOLATION OF FEDERAL AND/OR STATE LAW FOR YOU TO OBTAIN A CREDIT REPORT ON ANY PERSON OTHER THAN YOURSELF, AND THAT UNDER THE FCRA, ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER CREDIT REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN 2 YEARS, OR BOTH.
Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
The Fair Credit Reporting Act ("FCRA") allows you to obtain from each national credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through the Website or Services are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies (i.e. Experian, Equifax and TransUnion).
To obtain the free reports, you can:
Order online at www.annualcreditreport.com; or
Complete the Annual Credit Report Request Form, available at www.ftc.gov/credit, and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
You are also entitled to receive a free copy of your credit report from a credit reporting agency if:
You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
You certify in writing that you are a recipient of public welfare assistance.
You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
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 to dispute inaccurate or incomplete information in your credit file maintained by the credit reporting agencies.
Any Credit Report you request is not intended to constitute the disclosure of information required by the FCRA or similar state laws.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. If you are a resident of Mississippi, then beginning in 2016, you are entitled to free credit reports for three (3) years. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
TRIAL PERIODS; SPECIAL OFFERS.
Sometimes you will be offered a free or discounted trial at the beginning of a paid membership or subscription for Services. If you do not cancel the Services or subscription prior to the end of the trial period, you will be automatically billed on a recurring basis for the Services at the regular subscription or membership price and at the regular subscription or membership period intervals (ex: weekly, monthly, etc) agreed to at the time of signup. The terms of any trial are specific only to the Services subject to the trial. Your account will not be billed for periodic subscription or membership fees until the relevant trial period is completed and you have not cancelled your subscription or membership during such trial period. You may cancel your subscription or membership at any time during the trial period without charge. If you wish to continue your subscription or membership, do nothing and your subscription or membership will automatically continue without interruption. The regular periodic subscription or membership fee (plus sales tax, if applicable) will be charged at the conclusion of the trial period to the credit card or bank account you designated as your preference or, if you have not designated a preference, the account that was most recently used on the Website or during sign up and your subscription or membership will continue automatically, billable periodically at the prevailing rate. For the avoidance of doubt, you understand that a trial is part of an introduction to a paid product or service, and that at the end of the trial period, you will be charged periodically (ex: weekly, monthly, etc) for a subscription or membership service until you cancel. A trial is only available one time per customer every 180 days. (Example: A customer signs up for a $39.90 monthly membership that begins with a $1.00 trial for 7 days. The customer will be billed $1.00 at the time of signup for a 7 day trial period, and after 7 days, if the customer has not cancelled the trial membership, then he/she will automatically be charged the $39.90 per month until cancelled.)
Additionally, sometimes we will provide special offers, such as discounts, free services, buy one get one services, trials to additional products, or other offers we feel might be beneficial to our customers ("Offers"). Offers are only valid so long as you have an active and paid to date Member Account. We have the right to terminate any Offers if you have not logged into your Member Account Portal in the previous ninety (90) days.
By registering as a member, you agree to the product and/or service offer details, including payment of $39.90 monthly for recurring membership subscription fees and other fees, if applicable at the rate and frequency as disclosed at the time of purchase. We will verify your billing information before processing your order. An authorization may be requested from your billing account or a nominal refundable processing fee may be charged to your billing account, as disclosed at the time of signup, to make sure it is valid and in good standing. (Example: A customer signs up for a free trial for 7 days. The customer may be billed $1 refundable processing fee at the time of signup. After verification, the customer may request a refund of the processing fee.)
When you become a member and subscribe to one of the Services, you understand that it is a membership that automatically renews itself at the agreed upon subscription period (ex: weekly, monthly, yearly, etc) indefinitely without action, and the subscription or membership fee is charged to the member at the time of renewal.
charge the then-current membership fee (plus sales tax, if applicable) to the credit card or other payment mechanism that you have authorized or that we have on record for you. If applicable, in the event that your payment or billing source cannot process the membership fee for any reason (such as insufficient credit or funds), we may, at our discretion, re-process the payments owed to the same billing source, or other authorized billing source, in full or in incremental amounts up to 15 times within 30 calendar days from the date of the initial declined payment, in order to process the membership fees. We are not responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed or billed. Refunds will not be issued once services have been provided to you. Any reactivation of previously cancelled Services may result in a change to the start of your next membership period and may change the date on which you are billed for each period.
Consent to obtain personal or credit data to fulfill the benefits of the Services shall be valid under the program for as long as Services are provided to you.
Not all membership plans and applicable pricing listed on the Website are available for online purchases. We reserve the right to increase or decrease the pricing of our Services from time to time, upon providing you with reasonable notice of the changes to the email you have on file or system generated message within the portal, and you shall have 30 days from the date of such notice to accept or reject such changes. You agree that, unless you cancel your membership prior to the effective date of the price increase, you will be charged the new applicable membership fee at the frequency as agreed to at the time of purchase, and you authorize us to charge the new applicable subscription or 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. Your continued use of the Services, or your failure to terminate your membership, after any such modifications have been made will constitute your acceptance of those modifications.
CANCELLATION; TERMINATION; REFUND POLICY.
You may cancel your membership or subscription at any time by calling us at the toll free number (855) 210-2967 or by using the contact information provided on the Website - OR- by cancelling online in the customer portal, located in the Billing History section of My Account.
If you cancel your membership or subscription, you will no longer be billed for the Services, however, you will continue to have access to the Services until the end of the subscription or membership period during which you canceled, and until any promotional or bonus period(s) have expired, after which time your access to the Services will cease. No refunds or credits will be issued. We do not provide pro-rated refunds. Memberships can be cancelled at any time, but should be cancelled at least 3 business days prior to your next billing date to avoid future charges.
We may make inactive, suspend or terminate your membership or your use of this Website or Services at any time, for any reason or for no reason, including without limitation in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. If you become dissatisfied with the Website, your only recourse is to immediately discontinue use of the Website. Upon cancellation or termination, all rights granted to you will automatically terminate.
By registering for a subscription or membership, you consent to receive communications from us electronically and agree to be added to our customer email list, as well as our SMS text message customer list. We may communicate with you by email, text message, by posting notices on the Website, by delivering notifications through our mobile applications or through other electronic means. 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. We may send you email newsletters on a variety of topics, and may send you emails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may start or stop receiving such emails at any time by sending an email to an account that shall be designated for that purpose. Additionally, even if you opt-out of marketing emails, if you are registered or have requested that we contact you about our products or services, you authorize us to send you important notices about the products or services and any pending transactions to any email address you provide to us. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.
All of the content featured, displayed, included in or made available on the Website or through the Services, including without limitation text, graphics, logos, photographs, button icons, images, moving images, sound, illustrations, data downloads, data compilations and software ("Content"), are owned by us, our licensors, vendors, and/or agents and is protected by United States copyright, trademark and/or patent laws. You may not use, copy, reproduce, publish, upload, post, display, perform, transmit, distribute, modify, license, create derivative works from, transfer or sell any of the Content in any way, including in advertising or publicity pertaining to distribution of materials on this Website, or on any website or social media platform, without our prior written consent Our trademarks and trade dress may not be used in connection with any other product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All copyrights and trademarks not owned by us that appear on the Website or in the Services are the property of their respective owners. We may own patents that apply to the Services and to the features and services accessible via the Website. Portions of the Services or Website may operate under license of one or more patents.
USER CONTENT LICENSE.
We do not endorse any third-party content, including any opinion, recommendation, or advice expressed on or through the Website, and we expressly disclaim any and all liability in connection with any such content. Should you use or rely on such third-party content, data, advertisement, products, goods or services, available or unavailable from, or through any third party, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance and you waive the right to bring or assert any claim against us relating to any interactions or dealings with any third-party and release us from any and all liability for or relating to any interactions or dealings with such third-party.
ACCURACY OF INFORMATION.
We attempt to ensure that all information is complete, accurate and current. However, we make no representations or warranties as to the completeness, accuracy, reliability, currency of any information or descriptions of products, services or other content of the Website or Services. Additionally, we reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Website or Services, including but not limited to, content or features. We may impose limits on certain features of the Website or Services or restrict your access to part or all of the Website or Services without notice or penalty.
Additionally, we reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Website or Services, including but not limited to, content or features. We may impose limits on certain features of the Website or Services or restrict your access to part or all of the Website or Services without notice or penalty.
LINKING TO THIS WEBSITE.
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
THIRD PARTY WEBSITES.
The Website may contain links to websites and/or resources that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible or liable for the availability of, or any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
CHILD ONLINE PROTECTION ACT NOTIFICATION.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from Common Sense (https://www.commonsensemedia.org) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services identified on such sites.
ACCESS AND INTERFERENCE.
You are responsible for obtaining at your own expense, all equipment and services needed to access and use the Website and Services, including all devices, internet browsers and internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body, or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
YOUR USE OF THIS WEBSITE AND THE SERVICES IS AT YOUR RISK. THE CONTENT, FUNCTIONS, INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE, NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER WE, NOR ANY OF OUR AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
LIMITATIONS OF LIABILITY.
WE DO NOT WARRANT THAT THE WEBSITE AND SERVICES, ITS SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSEES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE AND SERVICES, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS ($25.00) OR (B) THE AMOUNT YOU HAVE PAID FOR SERVICES IN THE PRECEDING SIX (6) MONTHS OF YOUR CLAIM.
You agree to defend, indemnify and hold us, our officers, directors, employees, agents, licensees, successors and assigns, and any affiliated company or individual harmless from any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (i) your breach or violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (ii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iii) your violation of any law, rule or regulation of the United States or any other country; (iv) any claim for damages that arise as a result of any content that you place or post on the Website; or (v) any other party's access and use of the Website with your unique username, password or other appropriate security code. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.
EXCEPT AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST US IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST US IN ANY JURISDICTION IN THE UNITED STATES. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
Any Claim now or hereafter pending between you and us relating in any way to your use of the Website or any Services shall be resolved by binding arbitration as described in this section, rather than in court, except that (i) you may assert claims in a small claims court located in the state of Tennessee if your claims qualify and (ii) you or we may bring suit in any state or Federal court in Tennessee, submitting to the jurisdiction of such court and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights. The parties understand and agree that either party may bring claims against the other only in his/her or its individual capacity and not as a class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE.
The following additional terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Website and Services (the "Software"):
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.
Updates. In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Codes, California residents are entitled to additional specific consumer rights information. To file a complaint regarding the Services or to receive further information regarding use of the Services, including to cancel your Services, please contact us at svcGS.com, 633 Chestnut Street Suite 600 Chattanooga, TN 37450, or call us toll free at (855) 210-2967, or email us at firstname.lastname@example.org. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.