Last updated September 2015
THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND INTERSECTIONS INC. REGARDING YOUR IDENTITY GUARD® SERVICE. BY SUBMITTING YOUR ORDER, ACCESSING OR USING THE SERVICE, OR DOWNLOADING ANY SOFTWARE PROVIDED AS PART OF THE SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.
Defined Terms. As used in these Terms, the following words shall have the following meanings. "Intersections Inc." includes "Intersections", "we", "us" and variations such as "our". "Service" includes the products, services and software that you order, receive or access as part of the IDENTITY GUARD® service.
Use of the Service. You may not use the Service unless you are 18 years of age or older. Any information you provide to us must be true, accurate, current, and complete. You shall not use the Service for any illegal purpose, and you shall abide by all applicable local, state, national, and international laws and regulations. The Service is for your personal use only, and not for commercial purposes. You may not use the Service to obtain information about or make decisions about anyone but yourself. You are solely responsible for any reliance by you on the Service or other use you make of the Service. We do not provide the Service, or any advice or assistance, for the purpose of improving your credit report, credit history or credit rating.
Personal Information Authorization. As needed to provide the Service to you, you authorize and instruct us to obtain, monitor and compile your (a) credit information from one or more credit reporting agency(-ies), and (b) "non-public personal information", "personal information," and "highly restricted personal information" about you as defined by the Gramm-Leach-Bliley Act (15 U.S.C. §6801 et seq.) and Drivers Privacy Protection Act (18 U.S.C. § 2721 et seq.), respectively, and other personal information.
Limited Software License. In addition to all other provisions in these Terms, the following provisions apply specifically to the software used, accessed or delivered as part of the PRIVACYPROTECT®software ( the "Software"): Conditioned on your continued compliance with these Terms and your purchase of a version of the Service that includes the Software, these Terms provide you with a revocable, limited, non-exclusive, nontransferable license to use the Software solely as part of the Service. Any rights granted hereby may not be sublicensed, leased, sold, transferred or assigned by you to any third party. You may not make any copy of, or allow access to, the Software other than as expressly permitted in these Terms below. The PRIVACYPROTECT® software may be installed on no more than one computer. You may use the Software on a network only if you have a valid license for each copy on each computer on the network. You may not make any copies of that Software or allow anyone or any other device or instrumentality to access or use that Software. You may not use a previous version or copy of the Software after you have received an upgraded version as a replacement of the prior version. Upon upgrading the Software, all copies of the prior version must be destroyed.
Card Registry Services. This paragraph applies to any card registry services that are included in the Service: By reporting a lost or stolen event to us, you authorize us to contact the issuers of each credit card and bank card (each a "Card") designated by you and cancel the Card, report the lost or stolen event, or request a new Card, as you request. At the time of the lost or stolen event, we may require you to confirm or restate the foregoing authorization. We or the Card issuer may require additional evidence of the lost or stolen event, including without limitation written confirmation by you or a police report. By requesting an emergency cash advance, you authorize us to contact the Card issuer designated by you and arrange for the cash advance you request. At the time of the lost or stolen event, we may require you to confirm or restate the foregoing authorization. Your request for a cash advance may be denied if you are less than 100 miles from home, fail to provide the requested verification of the event, which may include a police report, are unable to provide the security and other required information, or do not satisfy the conditions of the Card issuer. We are only able to take the actions permitted and processed by your Card issuer. Intersections is not responsible for any failure by any Card issuer to take the action requested on your behalf, or any other action taken or condition imposed by your Card issuer.
Credit Scores. The following disclosures and disclaimers apply to CreditXpert Inc., Intersections Inc., and their respective affiliates, suppliers and distributors.
The credit scores provided are CreditXpert® Scores™, which are developed by CreditXpert Inc. ("CXI") and range from 350 to 850. CXI is not affiliated with or endorsed by Equifax, Experian, TransUnion or FICO. There are many different credit scores in the marketplace, and CreditXpert Scores may not be identical or similar to credit scores produced by any other company, including FICO. CreditXpert Scores are intended to reflect common credit scoring practices, but they are not used by lenders to evaluate your credit. CreditXpert products are not an endorsement or a determination of your qualification for a loan, a change in loan terms or any extension of credit by any lender. Predicted scores and score changes simulated by CreditXpert products are only estimates. CXI does not guarantee that scores from any other company will change by the same amount, in the same way, or at all.
The information generated by CreditXpert® products is based on one or more of your credit reports, which are provided by one or more of the major credit reporting agencies ("credit bureaus"). Your credit reports reflect your credit information at a specific point in time, so they may not yet include recent activity such as charges, payments, credit inquiries and new accounts. Also, your reports may not include all of your credit accounts because lenders and creditors are not required to report information to the credit bureaus. You should carefully review your reports to identify any errors or missing information, because CreditXpert products are only as accurate as the credit report information on which they are based. CXI is not responsible for inaccurate results, including any due to incorrect, incomplete, or outdated information in your credit reports or incorrect assumptions about the future.
CXI does not maintain your credit report information and is not able to make any changes to it. CXI does not advise you to dispute any item in your credit report, and cannot initiate any disputes on your behalf. CXI does not provide financial or other advice; it is not a credit bureau, credit reporting agency, credit counseling or credit repair organization. CreditXpert products are provided for educational purposes only.
THE FOREGOING IS NOT INTENDED TO PROVIDE OR IMPLY WARRANTIES OF ANY KIND. CREDITXPERT PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND CREDITXPERT INC. AND ITS SUPPLIERS, DISTRIBUTORS AND AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, NON-INTERFERENCE AND/OR ACCURACY OF INFORMATIONAL CONTENT.
Copyright © 2000-2014, CreditXpert Inc. All rights reserved.
CreditXpert® is a registered trademark of CreditXpert Inc.
Family Plans. If your version of the Service includes the option of coverage for multiple individuals in your household, in addition to all other provisions in these Terms, the following provisions apply specifically to your Service (“Family Plan”). If you are the individual who enrolls in the Family Plan and pays the membership fee (the “Primary Member”), you will be charged the advertised fee for the Family Plan for a period of 90 days, whether or not an additional adult member of the household completes the registration. After 90 days, if an individual adult in the same household as the Primary Member (the “Added Member”) has not activated his or her Service, or if the Added Member cancels the Service after activation, the Primary Member’s monthly fee will be automatically reduced to account for the lower number of members in the Family Plan. To be the Primary Member for a Family Plan, you must maintain active membership status. Cancellation by the Primary Member will result in cancellation of the entire Family Plan. In the event of certain service interruptions for the Added Member lasting longer than thirty (30) days, the monthly membership fee for the Family Plan will be reduced to reflect the interruption. In the event of a service interruption for the Primary Member, billing for the Family Plan will cease. The enrollment form displayed to the Primary Member during enrollment in the Family Plan will provide specific details of the Family Plan that the Primary Member has enrolled in.
Minor Monitoring. If your version of the Service includes monitoring for evidence of identity theft of a minor through either the KID SURE service or IDENTITY GUARD® for Kids, in addition to all other provisions in these Terms, the following provisions apply specifically to these services ("Minor Monitoring"). By enrolling a child in Minor Monitoring, You represent and affirm that (a) you are the custodial parent or legal guardian of each child you register for minor monitoring, (b) any documentation that you provide asserting the same is valid, (c) each child that you register for Minor Monitoring legally resides at your address of record, and (d) that as required, you are able and willing to provide a copy of (i) your valid driver’s license, (ii) your child’s social security card, (iii) your child’s birth certificate, and (iv) any other documentation required to verify proof of legal guardianship. You may not enroll more than fifteen children in Minor Monitoring. You agree to notify us in the event that the status of your legal guardianship changes; we reserve the right to cancel each child upon such status change. You must remain an active member in a qualified Service that includes the Minor Monitoring service feature in order to continue to receive the Minor Monitoring service. Enrollment of any child in Minor Monitoring will be cancelled upon any child becoming 18 years old.
Your Account. Registration as a user or subscriber with the Service requires both a user name and a password, and certain portions of the Service 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 this Service 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 delete or change a user name or password at any time and for any reason.
Fees and Charges. You authorize us to charge your credit card or other account that you have designated. Monthly, annual and other periodic or renewal fees will be charged at the then current rate plus applicable tax. You may cancel the Service at any time by calling 1-800-452-2541. You have the right to cancel your subscription without fee or penalty at any time.
Changes to Service, Fees or Terms; Termination. At any time without notice to you, or liability to you, we may prospectively modify these Terms, or the fees for the Service, or modify or cancel the Service. We reserve the right to terminate your account with or without cause at any time and for any reason. You agree that any termination of your access to the Service may be effected without prior notice. You may terminate your account at any time by calling 1-800-452-2541, which number is also listed on the Intersections Inc. customer service page at www.identityguard.com/contact-us. Once your account has been terminated for any reason, you will have no further right or access to use the Service, and you immediately shall cease using and destroy all copies of any Software.
Export Restrictions. The Service is only available for purchase by residents of the United States of America (the "U.S."). Further, you understand and acknowledge that you may not sign up for the PRIVACYPROTECT portion of the Service, or download the PRIVACYPROTECT®software from countries outside of the U.S. You agree to abide by U.S. and other applicable export control laws and not to transfer the Software to a national destination or person prohibited under such laws. Further, you acknowledge that the Software includes encryption software that may be subject to export, import, and/or use controls. Accordingly, in no event may the Software and the underlying information and technology be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
U.S. Government Restricted Rights. RESTRICTED RIGHTS LEGEND: All Intersections 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)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. §.7202, as applicable. Consistent with 48 C.F.R. §12.212, 48 C.F.R. §252.27-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable. The Software and any related documentation licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in these Terms. Manufacturer of the PRIVACYPROTECT®software is STRIKEFORCE TECHNOLOGIES, INCORPORATED, Customer Sales and Service, 1090 King Georges Post Road, Suite 108, Edison, New Jersey, 08837, USA.
Proprietary Rights. You acknowledge and agree that we or our licensors own all rights in and to the Service. Our and our licensors’ rights are protected by laws and regulations, including copyright laws, patent laws and international intellectual property treaties. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile any of the Service or technology.
Third-Party Products and Websites. We may offer or provide you access to products, services or websites provided by third parties, including but not limited to promotional or incentive offers, or free services provided by third parties, including the ZoneAlarm® Internet Security Suite and websites that hyperlink to our website. Intersections 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.
Exclusion of Representations and Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS ONLY. NEITHER WE, NOR ANY LICENSOR OR THIRD-PARTY PROVIDER OF ANY COMPONENT OF THE SERVICE OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, MAKES, AND EACH EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR ARISING OUT OF COURSE OF DEALING OR USAGE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY OR THAT THE SERVICE IS ERROR FREE OR SECURE. THE SERVICE CONTAINS INFORMATION PROVIDED BY ONE OR MORE THIRD-PARTY CREDIT REPORTING AGENCY(-CIES) OR OTHER THIRD-PARTY DATA PROVIDERS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD-PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY SUCH THIRD-PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND WE HAVE NO LIABILITY FOR SUCH FAILURE. NEITHER WE NOR ANY THIRD-PARTY DATA PROVIDER SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY NON-DELIVERY, DELAYED DELIVERY, OR THE MISDIRECTED DELIVERY OF AN ALERT, UPDATE OR OTHER INFORMATION, INACCURATE OR INCOMPLETE INFORMATION IN AN ALERT, UPDATE OR OTHER INFORMATION, OR YOUR RELIANCE ON OR USE OF ANY ALERT, UPDATE OR OTHER INFORMATION. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. ANY SOFTWARE, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.
Limitations of Liability. IN NO EVENT MAY WE, OR ANY LICENSOR OR THIRD-PARTY PROVIDER OF ANY COMPONENT OF THE SERVICE OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE MAY NEVER EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE 12 MONTHS PRIOR TO THE DATE 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.
Miscellaneous Provisions. 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, summary of benefits, 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. In order to read these Terms electronically and use our Web Site, you must have access to a personal computer with Internet access, a 128 bit java-script enabled browser, and Internet Explorer 5.0 or higher or Netscape 7 or higher installed. You may obtain a paper copy of these disclosures by calling 1-800-214-4791. These Terms are governed by the laws of the Commonwealth of Virginia, USA, exclusive of its choice of law principles. ANY CLAIM, ACTION OR DISPUTE ARISING OUT OF OR RELATING TO THE SERVICE OR OTHERWISE BETWEEN YOU AND US SHALL BE SETTLED BY BINDING ARBITRATION IN WASHINGTON, D.C., IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. NEITHER YOU NOR WE MAY CONSOLIDATE OR JOIN ANY CLAIM OR ACTION IN ARBITRATION WITH ANY OTHER CLAIM OR ACTION OR ACT AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR PRIVATE ATTORNEY GENERAL. JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED IN ANY FEDERAL OR STATE COURT HAVING JURISDICTION. THIS ARBITRATION PROVISION AND THESE TERMS ARE GOVERNED BY THE FEDERAL ARBITRATION ACT.
Credit Report-Related Disclosures. 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.
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.
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.
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.
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.
Trademark and Copyright. © [show_current_year] Intersections Inc. All rights reserved. INTERSECTIONS, IDENTITY GUARD, CREDITPROTECT, CREDITPROTECTX3, CREDIT ESSENTIALS, ID RISK ASSESSMENT, NOTIFY EXPRESS, BASIC PROTECTION, TOTAL PROTECTION, and PRIVACYPROTECT are trademarks or federally registered trademarks of Intersections Inc. 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; and other trademarks are trademarks of their respective owners. The PRIVACYPROTECT software is provided to you by us under a license from StrikeForce Technologies, Inc.
You understand and agree that the Sites are semi-public and provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, the accuracy of any opinion or information contained on the Sites, or the availability and reliability of any other software offered by us. The opinions expressed on the Sites are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the Sites with or without notice at any time and without any liability to you.
1. Intellectual Property Ownership
The Sites contain copyrighted material, trademarks and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video and graphics ("Content"). This Content is subject to copyrights owned by Intersections and other individuals or entities and is protected by United States and international copyright laws. To make a complaint about a copyright violation on the Sites, click here.
Additionally, the names, trademarks, service marks, and logos of Intersections belong exclusively to Intersections and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on these Sites confers on you any license or right under any patent or trademark of Intersections or any third party.
2. Use of Intersections Content
You may use the Sites and the Content offered on the Sites only for INTERNAL OR PERSONAL purposes. Intersections authorizes you to view or download a single copy of the material on the Sites solely for your internal or personal use so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content. You may not use the Sites to sell a product or service; however, you may use them to obtain information about potentially engaging in business with us. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Sites or any portion of such Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
3. Contributor Disclosure
Certain contributors on the Sites are compensated to provide content on topics of interest to the Sites’ users. Contributions that contain endorsements of Intersections products or services and are made by individuals with material connections to Intersections will be identified as such. While such contributors may receive compensation, the content is editorial and based on their opinions, findings, beliefs, or experiences on those topics, services, or products.
The views and opinions expressed within Intersections blogs belong purely to the authors. Any product, claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
4. User Submissions, Forums and Public Areas
Certain places within the Sites, such as forums, blog pages or other public areas, may allow users to post comments or communications that are publicly accessible and non-confidential. The content and communications posted within these areas is largely controlled by our users. Intersections, or the party hosting such a public area, has no control over such content and cannot guarantee the accuracy or reliability of any such content or communications. Thus, the responsibility for what is posted on these pages of the Sites lies with each user — you alone are responsible for material you post.
Neither Intersections nor any third party host of such a public area claims ownership of any of the information or material that you transmit, distribute, post, communicate, or store on, to, or through the Sites. Therefore, by submitting any such material or communication to the Sites, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the Sites and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any part the Sites, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law.
5. License Grant
If you make any submission to or communications on the Sites, you automatically grant, or warrant that the owner of such content has expressly granted Intersections, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Intersections may sublicense its rights through multiple tiers of sublicenses.
6. Rules for Posting Questions and Comments in Forums and Public Areas
- Posts that contain your full name(s), or any other confidential identifiable information of yourself or others;
- Using a public area for any purpose in violation of local, state, federal, or international laws;
- Posting material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;
- Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Intersections in its sole discretion;
- Posting advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Intersections;
- Posting chain letters or pyramid schemes;
- Impersonating another business, person or entity, including Intersections, its related entities, employees and agents;
- Registering under more than one name and/or e-mail address;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting any communications that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the Sites, or which, in the judgment of Intersections, exposes Intersections or any of its customers, partners or suppliers to any liability or detriment of any type; and/or
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).
Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct within the Sites or any communication or posting on the Sites.
7. Use of RSS and Comment Feeds
Intersections grants you a non-transferable, non-sublicensable, royalty free non-exclusive license to display on your web site or in your newsreader platform the headlines, active links, and other information or materials that you specifically select to receive via the Feeds. The Feeds are protected by U.S. and international copyright laws. All rights in and to these Feeds, including the content and technology, are reserved to Intersections Inc.
The Feeds may be used only with those platforms and newsreaders from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on one of the Sites. You understand and agree that the Feeds that are provided may include footers to assure proper attribution for the content.
By using the Feeds, you agree not to:
- Display the Feeds in a manner that does not permit successful linking to or direction to our Sites;
- Insert any intermediate page or other content between the link displayed on your web site and the landing page for the content on our Sites;
- Edit, modify, alter, or create derivative works of the text, content or links supplied by us;
- Use any robot, spider, other device or manual process to monitor or copy any content from the Feeds;
- Sell, retransmit, or commercially exploit the Feeds, headlines or content in any manner except as expressly permitted by us in writing;
- Incorporate advertising into the Feeds as displayed on your site; or
- Use the Feeds for any unlawful purpose or in violation of the rights of others.
By using the Feeds, you also agree not to use the Feeds on the following categories of web sites:
- Sites that incite hatred whether based on race, religion, gender, sexuality, or otherwise;
- Sites that promote, encourage or facilitate violence;
- Sites that discriminate against any specific social group;
- Sites that promote, facilitate, or encourage illegal activity; or
- Sites which are misleading, pornographic, defamatory or that contain illegal or otherwise actionable content under applicable law.
- Record the dialogue in public areas on the Sites.
- Terminate a user’s access to any portions or pages of the Sites.
- Monitor, edit, or disclose any communication made on or through the Sites.
Intersections reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.
9. Disclaimer of Warranties
THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." INTERSECTIONS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. INTERSECTIONS DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INTERSECTIONS OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of Intersections, its partners, advertisers, and sponsors. Accordingly, Intersections 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 Sites. WE DO NOT GUARANTEE THAT THE SITES 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 SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, INTERSECTIONS DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL INTERSECTIONS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
10. Limitation of Liability
In no event shall Intersections, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not Intersections is advised of the possibility of such damages. Intersections is not liable for any personal injury, including death, caused by your use or misuse of the Sites or Content, or public areas.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INTERSECTIONS IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY INTERSECTIONS. 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 SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
By using the Sites you agree to indemnify and hold Intersections, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Sites.
Registration as a user or subscriber with the Sites may requires both a user name and a password, and certain portions of the Sites 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 Sites 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 delete or change a user name or password at any time and for any reason.
We collect personal information on the Sites, which is subject to the terms of our privacy statement.
14. Children and Teens
The sites are not intended for use by persons under the age of 18. By submitting information to the Sites, you warrant that you are at least 18 years old or older.
15. Links to External Sites
The Sites may contain links to third party web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.
16. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement.
Please provide the following information to our Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
17. Choice of Law
Effective Date: April 7, 2009