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As the Customer, Client, or User (hereafter “Customer”) of SecurTest, you agree to the following terms and conditions, except where the Client Agreement between SecurTest and you has been executed. As the Customer, you are required to read and agree to all terms and conditions set forth herein before ordering products or services of SecurTest (hereafter “SecurTest”.) Where payments to SecurTest are made by credit or debit card or electronic checks, the following terms and conditions apply. You agree that by submitting payment by credit card, debit card, or electronic check that you have read and agree to all terms and conditions as follows: We accept Visa and MasterCard via Authorize.net and American Express and Discover via PayPal.com as forms of payment. Each credit card company has established policies and procedures that we as a Merchant (seller) must adhere to. There are responsibilities that you as the "buyer" must adhere to which could include proof that you are in fact "the card holder" by means of reasonable identification (business or other listed telephone number with the credit card company database that we can verify). Please contact American Express @ 1-(800) 528-5200, Discover @ 1-(800) 347-2000, VISA @ 1-(800) 228-1122 or MasterCard @ 1-(800) 826-2181. 1) Products and Services: Our background screening services are specifically described in our Client Agreements or on the order forms when a client, customer or subject is ordering the product or service from SecurTest. a. Background Screening Services: As a general statement, our background screening services include a criminal conviction search in counties and states the individual (consumer) has resided the past seven (7) years; federal criminal conviction records from all federal districts in the U.S. and its Territories; registered sex offender records from all states and U.S. Territories; outstanding criminal warrants; confirmation of the consumer’s identity and validity of his or her social security number and address history from such SSN Trace; and terrorist watch list records. (See the Client Agreement for the specific background screening services.) 2) Customer Service Contact Information: SecurTest 600 Grand Panama Blvd, Suite 202 Panama City Beach, FL 32407 (United States of America) (800) 445-8001 (International Toll Free Work) (866) 580-4851 (Fax) (855) 537-7456 (International Fax) compliance@securtest.com https://www.securtest.com Hours of Operation: 8:30 AM to 8:00 PM EST, Monday to Friday (except Federal Holidays) 3) Refund Policy: All background check services ordered are final and no refunds will be given. You pay for our search service, not the results. We will not grant a refund after a search has been conducted, except in the following instances ONLY: (1) In the event you were charged more than once for a single order. All such claims require submission of valid proof of purchase reflecting the charges. Refunds granted may take up to three weeks to show a credit on your statement. (2) In the event you did not receive your results. a. This includes but is not limited to: mistakes or erroneous information provided by the user on the order form as submitted after the user has confirmed the information and acknowledged these terms, even if your criminal record search results in "No Records Found" or a record has incorrect information. Every search that is processed through our systems incurs fixed and variable costs for our organization. Whether the search results yield hundreds of offense records, or none at all, orders are fulfilled using the same rigorous standards and processes. Due to the variations in coverage across state and county jurisdictions, SecurTest strongly encourages users to review the sources before completing your order. SecurTest cannot be held responsible for records that are not included in our coverage. 4) Cancellation Policy: All background check services ordered are final and no refunds will be given or cancellations allowed. You pay for our search service, not the results. Once an order for a background search is made, you have no ability to cancel your order. 5) Delivery Policy: Instant Reports are generated after credit card has been process. However, most background screening reports can only be delivered upon completion of the background check. The average turnaround time is two (2) business days, but depending on the scope, nature, and number of jurisdictions to be searched, no guarantee as to turnaround time is made by SecurTest. 6) Return Policy: SecurTest has no return policy, as the services being ordered are background screening checks. Therefore, there is no tangible product for customers to return to SecurTest. 7) Prices are in U.S. dollars (USD). All prices are listed on the order form or by Client Agreement. 8) Shipping Costs: Shipping costs are listed on order forms, where applicable. 9) Privacy Statement: The SecurTest Privacy Statement is at https://securtest.com/2012/privacy_policy.php. You hereby certify and affirm that you have read, understand, and agree to the terms and conditions set forth in the SecurTest Privacy Statement. 10) Secure Check Out. In your checkout processes you have functionality that protects customer data. 11) Chargeback Policy: You agree to the SecurTest No Chargeback Policy and have no rights to charge back payments made by credit card, debit card, electronic check, or any other means, as all services are considered of good and valuable services received and used or available to you upon placement of the order and delivery of the product or services, such as the background check report, as you have provided a valid email address or mailing address (where you have ordered reports to be mailed or sent by overnight express) and as such, once the report or product is delivered to you all legal requirements of SecurTest, Inc have been met and performed. 12) You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to services or products you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us as you agree to honor our No Refund Policy, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase products or services from SecurTest or this Site. 13) PRODUCT AND SERVICES AGREEMENT: THIS PRODUCT AGREEMENT AND TERMS OF USE (“AGREEMENT”) CONTAINS THE TERMS AND CONDITIONS UPON WHICH YOU MAY PURCHASE AND USE OUR PRODUCTS THROUGH THE WWW.SECURTEST.COM WEBSITE AND ALL OTHER WEBSITES OWNED AND OPERATED BY SECURTEST AND ITS AFFILIATES (“SITE”). YOU MUST SCROLL DOWN, READ, AND ACCEPT THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT CONTAINED IN SECTION u. BELOW, BEFORE YOU WILL BE PERMITTED TO REGISTER FOR AND PURCHASE ANY PRODUCT FROM THIS SITE. BY REGISTERING ON THIS SITE AND SUBMITTING YOUR ORDER, YOU ARE ACKNOWLEDGING ELECTRONIC RECEIPT OF, AND YOUR AGREEMENT TO BE BOUND BY, THIS AGREEMENT. THIS AGREEMENT MAY BE UPDATED FROM TIME TO TIME AND YOU SHOULD CHECK THE SITE FOR UPDATES TO THIS AGREEMENT. EACH TIME YOU ORDER, USE OR ACCESS THE SITE OR THE PRODUCTS, EACH TIME YOU ACCESS THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THE THEN-CURRENT AGREEMENT. MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, 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. NONE OF THE PRODUCTS OFFERED THROUGH THIS SITE ARE INTENDED AS A SUBSTITUTE FOR THE CONSUMER CREDIT INFORMATION THAT MAY BE AVAILABLE TO YOU WITHOUT CHARGE. PRIOR TO PURCHASING ANY PRODUCT, YOU SHOULD REVIEW THE FAIR CREDIT REPORTING ACT DISCLOSURES CONTAINED IN THIS AGREEMENT OR VISIT WWW.ANNUALCREDITREPORT.COM FOR FURTHER DETAILS REGARDING YOUR RIGHT TO OBTAIN A COPY OF YOUR CONSUMER CREDIT FILE. A) PROVIDERS OF PRODUCTS. The products and product features (“Product" or "Products") available via this Site are provided by SecurTest ("SecurTest") or, in the case of the Automatic Fraud Alert feature (“AFA”), fulfilled by SecurTest on behalf of SecurTest. We may also partner with other companies ("Suppliers") to provide Products to you or sell you a Product provided by a Supplier. SecurTest and its Suppliers are referred to in this Agreement as "We," "Us," and "Our." You, the person visiting and utilizing this Site, are referred to as "You", “Your” or the “Member”. B) PERSONAL INFORMATION; AUTHORIZATION. As needed to provide Products to You, You authorize and instruct Us to obtain, monitor, and compile Your: (i) credit information from one or more credit reporting agencies; (ii) “non-public personal information”, “personal information”, and/or “highly restricted personal information” about or concerning You as defined by the Gramm-Leach-Bliley Act (15 U.S.C. sec 6801 et seq); and (iii) other personal information. C) By placing Your order You acknowledge and agree that Your access to the Products and any consumer credit or background screening information contained therein is subject to Your prior written authorization and Our verification of Your identity. As such, You understand and agree that by submitting Your order, You are providing “written instructions” in accordance with the Fair Credit Reporting Act (“FCRA”) for Us to obtain credit information from the personal credit report maintained by one or more of the three nationwide credit reporting agencies and You hereby authorize Us to access Your personal credit information in order to provide the Products. D) REGISTRATION: USE OF PRODUCTS. In order to purchase Products, You must complete the registration process and become a Member. You will also be required to provide valid credit card information, unless You are activating a promotional code. You may register to purchase Products from this Site only on behalf of Yourself and by doing so, You acknowledge and agree that it is illegal to order credit information about anyone else. By registering, You further certify that You are eighteen (18) years or older and that all of the information provided incident to Your registration is true, accurate, complete and up to date. You further agree to abide by all of the terms and conditions concerning Your use of the Products, including any specific terms and conditions relating to particular Products that You purchase. We provide Products and related information solely to assist You in understanding Your financial and credit status for Your personal benefit and You agree that You will not use the Products for any other purpose, especially a commercial purpose. You must also establish a user identification ("User ID"), password and personal identification number ("PIN") and You agree to keep them strictly confidential and not to share them with others. E) NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT. SecurTest is not a credit repair organization, or similarly regulated organization under other applicable law and does not provide any form of credit repair advice or counseling. SecurTest offers You access to Your credit report, background check report, and other credit-related information Products, but We do not offer, provide, or furnish any Products, or any advice, counseling, or assistance, for the express or implied purpose of improving Your credit record, credit history, or credit rating. By this We mean that We do not claim We can “clean up” or “improve” Your credit record, credit history, or credit rating and You acknowledge and agree that You will not purchase, use, or access any of Our Products or the Site for such purposes. These items (credit record, history, and rating) are based on Your past or historical credit behavior, and accurate and timely adverse credit information cannot be changed. If You believe that Your credit report contains inaccurate, non-fraudulent information, it is Your responsibility to contact the relevant credit reporting agency, and follow the procedures established by the various credit reporting agencies related to the removal of such information. F) YOUR RIGHT TO OBTAIN A CREDIT REPORT FREE OF CHARGE. None of Our Products are intended to substitute, or constitute an offer for any free credit report or similar consumer disclosure that may be available to You without cost or obligation under federal or state law. Prior to purchasing any Product via this Site, You should carefully review Your right to obtain a free copy of Your credit report once every twelve (12) months from each of the three nationwide consumer reporting agencies by visiting www.annualcreditreport.com. A more complete description of your rights to obtain or gain access to your consumer credit information without charge is contained in the “Additional Credit Report-Related Disclosures” In Section 31 of this Agreement. G) CREDIT SCORES. SecurTest does not transmit credit scores, as such credit information is intended solely for employment purposes. Where a credit score is released by SecurTest, such is the sole responsibility of the reporting credit bureau or bureaus. The consumer credit information contained in these credit reports reflects the latest information provided to the pertinent credit reporting agency. Recent activity may not yet be reflected in Your credit report. H) FEES AND CHARGES; PAYMENT SOURCE. By placing Your Product order, You authorize Us to charge Your credit card or other account that You have designated for such purpose (“Payment Source”). You agree to pay for the Products, in U.S. dollars, using the Payment Source provided at the time of your order. In addition, you authorize Us to attempt to automatically update Your Payment Source if the information We have on file is no longer valid, and if We are successful in obtaining updated credit or debit card information, We will update Your records accordingly and charge any updated Payment Source using the updated information. In the event that We are unable to charge and/or update Your Payment Source, We may suspend access to Your Product and if You fail to provide Us with a valid Payment Source, Your Product will be subject to termination with or without notice. We are not responsible for any overdraft/over-the-limit charges or bank fees triggered by Your order being processed. I) CHANGES TO PRODUCTS, PRICING, AND TERMS. We may change the prices for Our Products at any time, with or without notice, and You will be charged the new price for all future purchases or renewals of Products. We may revise and update this Agreement at any time. It is Your responsibility to review this Agreement prior to each use of the Site and by continuing to use this Site, You agree to all such changes. We may also modify or discontinue any of Our Products or this Site (or any portion thereof) with or without notice. If we do cancel this Agreement or any Product You have purchased, We will give You a pro-rated refund for any Products purchased but not yet provided. J) PRODUCT AVAILABILITY. Certain Products and/or Product features may not be offered, applicable or available to You based on residency, age or other eligibility criteria or factors. In the event that a Product is not available at the time of enrollment, You will be notified during the course of the registration process and your registration will not be accepted. In such cases, You may be advised of one or more alternative Products, to the extent that other Products are available. In the event that You are advised of the availability of alternative Products, You should carefully evaluate any such Product to determine its suitability. In addition to the foregoing, We reserve the right to reject Your Registration for any reason. We may also reject any Product order for any reason. By registering on this Site, You agree that We will not be liable to You for loss or damage that may result from Our rejection of any order that You may attempt to place. K) PRODUCTS VARY. Our Products do not include the same features and benefits. Prior to purchasing any Product, You should evaluate the features and benefits included in each Product by reviewing the Product descriptions and other Product literature contained in the Site. Should You have any questions regarding Our Products, You should contact Our Customer Service Center at 1-800-445-8001 prior to purchasing any Product. If You are already a Customer, Client or User (Client), please visit the Site to obtain a complete description of Your Product, the features it contains, and instructions regarding how to use it. If You are already a Client and subsequently determine that another Product may be more suitable for Your needs, then Our Customer Service Team may be able to assist You in updating your order instrucitons, packages or profiles for future orders. Note that such Substitutions may result in the imposition of higher fees payable to SecurTest. L) In the event that You have any questions or encounter difficulty completing Your order, please contact Our Customer Service Team at 1-800-445-8001. ALL PRODUCTS REQUIRE ELECTRONIC COMMUNICATIONS. Unless otherwise noted, Our Products are internet-based and in order to access Our Products You must have: an internet browser that supports 128-bit encryption; an email account and appropriate email software; a personal computer, operating system and connection to the internet, or in the case of Our mobile Product features, 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. As such, You understand and agree that this Agreement will be entered into electronically, and that the following information (“communications”) will be provided by Us to You by electronic means: this Agreement and any amendments, modifications or supplements to it; any initial, periodic or other disclosures or notices provided in connection with the Products, including without limitation Our privacy policy, all regulatory disclosures, and all communications related to the Products. You may request a paper copy of any legally required notice, withdraw Your consent to receive communications electronically, or change Your email or postal address for receipt of communications, by calling Our Customer Service Team at 1-800-445-8001 or sending Your request by email to compliance@secutest.com. In furtherance of the foregoing, You expressly consent to receive all communications regarding Your membership electronically, either by e-mail or by notices posted on the Site and You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. In order to ensure Your continuing access to Your Product, You agree to update Your email address on file whenever Your email address changes. You further agree that we may send You e-mails which include notices about Your client agreement or profile as well as information pertaining to the Products, such as featured Products or new Product offerings. Please note that mobile messaging and data rates may apply and You should consult with Your Carrier prior to enabling any mobile feature associated with Your Product. M) NO GUARANTEE OF PRODUCT AVAILABILITY. Because of the nature of Internet and online communications, this Site or the Products may not perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation of Your Product or this Site. We will use reasonable efforts to maintain operation of the Site and availability of the Products at all times. If there is a system error or other problem concerning Your Product, You agree to promptly notify Us of the same, We will try to correct the error, but You will not be entitled to any money for any system error of any type except for monies You paid for Products that We do not provide. The brief summary provided in this Section is not intended to provide a comprehensive summary of Our Identity Products, nor are the descriptions of Our Identity Products contained in this Agreement intended to provide a complete list of all of the terms, conditions, exclusions and limitations that may apply with respect to any particular Identity Product. Please review the comprehensive Product descriptions and associated Product literature contained in the Site for a more complete description of Our Identity Products prior to ordering any Identity Product. BY PLACING YOUR ORDER FOR ANY PRODUCT OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT NO PRODUCT IS CAPABLE OF PREVENTING OR DETECTING ALL FORMS OF IDENTITY THEFT. YOU ALSO AGREE THAT YOU WILL TO TAKE REASONABLE PRECAUTIONS TO PROTECT AND SAFEGUARD YOUR PERSONAL AND FINANCIAL INFORMATION AND AVOID DISCLOSURES OF ANY SUCH INFORMATION TO ANY INDIVIDUAL OR ENTITY, KNOWN OR UNKNOWN, THAT COULD BE REASONABLY EXPECTED TO IMPROPERLY USE SUCH INFORMATION. SECURTEST AND ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR AFFILIATED COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE IDENTITY PRODUCTS AND WE DO NOT WARRANT THAT THEY WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. NONE OF THE IDENTITY PRODUCTS PROVIDED BY US UNDER THIS AGREEMENT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT AND/OR THE CONSEQUENCES OF IDENTITY THEFT AND OUR LIABILITY TO YOU WITH RESPECT TO ANY LOSSES YOU MAY SUFFER OR INCUR AS A RESULT OF ACTUAL OR SUSPECTED IDENTITY THEFT ARE LIMITED TO THE PRODUCT FEATURES EXPLICITLY SET FORTH IN THIS AGREEMENT AND THE IDENTITY PRODUCT DESCRIPTION CONTAINED IN THE SITE. In addition, We reserve the right to request that You provide corroborating evidence with respect to any incident of Identity Theft of which We are notified, including signed affidavits, law enforcement or governmental agency reports, or other corroborating evidence, In the event that You fail to provide any requested corroborating evidence, We reserve the right not to provide You with any Product features or benefits normally available as part of Your Product. If You cancel Your Identity Product membership, We are no longer obligated to provide any of the Product benefits associated with Your membership, regardless of whether or not a particular act of real and/or suspected Identity Theft occurred while Your identity Product membership was active. N) YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO EXERCISE SOUND JUDGMENT WHEN DECIDING WHETHER AND WITH WHOM TO SHARE REPORTS OR INFORMATION RECEIVED FROM SECURTEST, AND YOU AGREE THAT YOUR INTERACTIONS WITH SUCH REVIEWERS IS AT YOUR OWN RISK. ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES, OR AFFILIATED CREDIT BUREAUS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY ACTIONS TAKEN OR DECISIONS MADE BY ANY REVIEWER WITH WHOM YOU HAVE SHARED YOUR ALERTS. O) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING INFORMATION FROM ANY THIRD-PARTY ACCOUNT IN ORDER TO PROVIDE A FINANCIAL ALERT, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT WE AND OUR AFFILIATES AND SERVICE PROVIDERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION GRANTED BY YOU HEREIN AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE THIRD-PARTY ACCOUNTS; (2) OUR RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD-PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN INFORMATION RETRIEVED FROM THE THIRD-PARTY ACCOUNTS; OR (4) ANY CHARGES IMPOSED BY THE PROVIDER OF ANY THIRD-PARTY ACCOUNT. P) PRIVACY. By submitting Your order, You acknowledge receipt of Our Privacy Policy and agree that We may use and share Your personal information in accordance with Our Privacy Policy, which is incorporated by reference into this Agreement. Q) OWNERSHIP. This Site contains copyrighted and patented material and any information that You retrieve is copyrighted or patented by its owner. You may not remove, alter or cover any copyright or other proprietary notices placed on this site or on products or related materials acquired through this site. We, collectively or individually, retain ownership of all intellectual property rights in this Site, including without limitation any information, materials, text, graphics, images, logos, site design, and the selection, assembly, and arrangement of the Site ("content"). The content may not be copied, distributed, displayed, modified, reproduced, performed, published or reverse engineered in whole or in part without Our prior written permission. R) QUESTIONS ABOUT YOUR CREDIT FILE OR SCORE. SecurTest Information Services LLC ("EIS") is the Nationwide Credit Reporting Company that maintains the credit file information used to provide the Products, except for any non-SecurTest credit files that may be used in Products. Any questions or disputes regarding the accuracy of any information in Your SecurTest Credit Report (also used in some other Products) must be directed to, and will be handled by, EIS. EIS IS REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT FILE UPON REQUEST, AT NO CHARGE OR FOR A NOMINAL FEE. IF YOU BELIEVE YOUR SECURTEST CREDIT REPORT CONTAINS INACCURATE OR INCOMPLETE INFORMATION, YOU MAY REQUEST, AT NO CHARGE TO YOU,THAT EIS RESEARCH THE INFORMATION CONTAINED IN YOUR SECURTEST CREDIT REPORT. Further, if You believe or suspect that You have been the victim of identity theft, You may request, at no charge to you, that EIS place an alert on Your SecurTest credit report. You do not have to purchase a Product in order to receive a copy of Your credit file from EIS or to dispute information contained in it, or to request that EIS place an alert on Your credit file. To dispute information or place an alert in Your credit file, You may contact EIS at the number on Your SecurTest Credit Report, or You may contact Us and we will transfer or direct you to the appropriate EIS representative. To obtain more information about Your rights, go to the Credit Education Page on Our Site and click on "Summary of FCRA Rights." ADDITIONAL CREDIT-REPORT RELATED DISCLOSURES. You have a right to obtain a free copy of your credit report once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual credit report, you may go to www.annualcreditreport.com, or call 1-877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your credit report from a credit bureau, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. For more information You may also contact the Federal Trade Commission (“FTC”) by calling the FTC toll free - 1-877-FTC-HELP or visit their website: www.ftc.gov. In addition, 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 and the state of GA permits consumers to obtain two credit reports per credit reporting agency per year, free of charge. None of Our Products are 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. S) NO WARRANTY; LIMITATION OF LIABILITY. WE HAVE NO REASON TO BELIEVE THAT ERRORS EXIST IN THE PRODUCTS FURNISHED HEREUNDER. HOWEVER, MUCH OF THE DATA CONTAINED IN THE PRODUCTS IS PROVIDED TO US BY OTHERS AND THEREFORE WE DO NOT CONTROL THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE PRODUCTS. IF WE SELL YOU A PRODUCT PROVIDED BY A SUPPLIER, THAT SUPPLIER IS SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THAT PRODUCT. NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES, OR AFFILIATED CREDIT BUREAUS ("AFFILIATED PERSONS") WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF ANY PRODUCT OR INFORMATION CONTAINED IN ANY PRODUCT IN ANY WAY. THE PRODUCTS ARE PROVIDED "AS IS", AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE. NEITHER WE NOR ANY OF OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACTS OR OMISSIONS OF ANY SUCH PERSON IN PREPARING, REPORTING OR DELIVERING THE PRODUCTS, PROVIDING AUTHENTICATION SERVICES, OR IN DOING ANYTHING RELATED THERETO. NEITHER WE NOR THE AFFILIATED PERSONS WILL BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EMOTIONAL DISTRESS DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA) IN CONNECTION WITH YOUR USE OF THIS SITE, ANY USE OR RELIANCE UPON INFORMATION FOUND AT THIS SITE OR PROVIDED BY US OR ANY PRODUCT PROVIDED AT THIS SITE OR THROUGH ANY OTHER MEDIUM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DISALLOWS ANY DISCLAIMERS OR LIMITATIONS IN THIS AGREEMENT, SUCH DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. T) LIMITATION OF LIABILITY; NOTICE OF CLAIMS. If, notwithstanding the foregoing Section, any Affiliated Person is held to be liable to You, the amount of such liability shall not exceed the lesser of (i) the sum of twenty dollars ($20.00) or (ii) the amounts paid by You under this Agreement, on the day of your order in the claim, for the specific Products giving rise to the claim. If You desire to make a claim against any Affiliated Person, You must give the applicable party notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time You should reasonably have become aware of such circumstances. If You do not, no Affiliated Person will be liable to You for the claim. U) AGREEMENT TO RESOLVE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION. PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION PROVIDES THAT EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR THAT REPLACES THE RIGHT TO GO TO COURT AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE. i. Binding Arbitration. Either You or SecurTest may, without the other’s consent, elect mandatory, binding arbitration of any Claim (as defined below) raised by either You or SecurTest against the other. As used in this arbitration provision, the term "Claim" or "Claims" means any claim, dispute, or controversy between You and Us regarding any aspect of Your relationship with SecurTest, including but not limited to any Claim arising from these Terms of Use or arising from Your use of the Products or this Site or any information You receive from Us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory regardless of what remedy is sought. Additionally, for purposes of this arbitration provision "SecurTest" or "Us" will include SecurTest's Suppliers, parents, subsidiaries, affiliates, successors, assigns, employees, agents, and any third party providing products, services, or benefits in connection with a Product provided to You. The term "Claim" shall have the broadest possible construction. If You or We elect arbitration, the arbitration will be conducted as an individual arbitration. Neither You nor We consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit Your Claims to arbitration, You will be forfeiting Your right to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed. As an exception to the arbitration provision, You retain the right to pursue in small claims court any Claim that is within that court's jurisdiction and proceed on an individual basis. ii. Right to Opt-Out of this Arbitration Provision. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION, YOU HAVE THE RIGHT TO EXCLUDE YOURSELF. Opting out of the arbitration provision will have no adverse effect on your relationship with SecurTest or the delivery of Products to You by SecurTest. In order to exclude Yourself from the arbitration provision, You must notify SecurTest in writing within 30 days of the date that You first accept these Terms of Use on the Site (for Products purchased from SecurTest on the Site). If You purchased Your Product other than on the Site, and thus these Terms of Use were mailed, emailed or otherwise delivered to You, then You must notify SecurTest in writing within 30 days of the date that You receive the Terms of Use. You may opt-out by writing to SecurTest, Inc., Attn.: Arbitration Opt-Out, 2500 Daniells Bridge Road, Building 200, Suite 1-B, Athens, GA 30606. Your written notification to SecurTest must include Your name, address, and SecurTest User ID, as well as a clear statement that You do not wish to resolve disputes with SecurTest through arbitration. If You have previously notified SecurTest that You wish to opt-out of arbitration, You are not required to do so again. Any opt-out received after the opt-out deadline set forth above will not be valid and You must pursue your Claim in arbitration or small claims court. iii. Initiation of Arbitration. The party filing a Claim in arbitration must select the American Arbitration Association ("AAA") to administer the arbitration. The arbitration organization that is selected will apply its rules, codes, or procedures in effect at the time the arbitration is filed, unless any portion of those rules, codes, or procedures is inconsistent with any specific terms of this arbitration provision or these Terms of Use, in which case the terms of this arbitration provision and these Terms of Use will govern. These rules and procedures may limit the amount of discovery available to You or Us. Rules and forms may be obtained from and any Claims filed with American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York 10017, www.adr.org Arbitration Procedures. The arbitration shall be before a single arbitrator. The arbitrator will apply applicable substantive law, including the applicable statute of limitations, and will honor claims of privilege recognized at law. The arbitrator will have the power to award to a party any damages provided for under applicable law, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. This agreement to arbitrate involves interstate commerce and is made pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16 (the "FAA"). Any claim or dispute as to the enforceability of this arbitration provision's restrictions on your right to participate in or pursue a class action or class wide arbitration shall be decided by a court and not an arbitrator, and shall be brought only in a United States District Court located in Athens, Georgia, or in any court within the Georgia State or Superior Court System located in Oconee County, Georgia. iv. Payment of Arbitration Fees and Costs. In the event You file a Claim in arbitration in accordance with these provisions, We will advance all arbitration filing fees and arbitrator's costs if You ask that We do so, in writing, prior to the commencement of the arbitration. The payment of any such fees will be made directly by Us to the arbitration administrator selected by You pursuant to this arbitration provision. Such requests should be mailed to SecurTest Inc. at the address listed herein. If SecurTest prevails in the arbitration, then the arbitrator shall have the authority to require that You reimburse SecurTest for the fees and costs advanced, but only to the extent such fees and costs would be recoverable in a judicial action. If You prevail in the arbitration of any Claim against Us, then You will not be required to reimburse Us for any fees you paid to the arbitration organization in connection with the arbitration. You are responsible for all other fees and costs You incur in the arbitration, including attorney's fees and expert witness fees, except that the arbitrator shall have the authority to award attorney's fees and costs to only SecurTest if it is the prevailing party; (i) based on applicable law; (ii) under the rules of the arbitration administrator; or (iii) if the arbitrator rules in Your favor and the arbitrator expressly determines that there is a good reason for requiring Us to pay those fees and costs. v. Continuation. This arbitration provision shall survive: (i) the termination or changes in the Terms of Use or the relationship between You and Us, including but not limited to the purchase of a new or additional Product by You; and (ii) the termination or changes in Our providing any Product(s) to You. V) INDEMNIFICATION. You will indemnify and hold Us and the Affiliated Persons harmless from and against actual loss, costs, liabilities and expenses (including reasonable attorneys' fees) resulting from Your breach of this Agreement, Your use of this Site or any Product or any information contained in this Site or provided by Us, or Your infringement of any intellectual property or other right of any person or entity. W) APPLICABLE LAW. These Terms of Use and their enforcement shall be governed by the laws of the state of Georgia, without regard to conflict of law principles, Federal law, including the FAA, shall govern the arbitrability of all Claims between You and Us pursuant to Section u. above, including any and all claims or disputes concerning the validity, construction, and performance of the arbitration provision in Section u. above (except that to the extent state law applies to that issue, the law of Georgia will apply without regard to conflict of law principles). X) ENTIRE AGREEMENT BETWEEN US. This Agreement constitutes the entire agreement between You and Us regarding the Products and information contained on or acquired through this Site or provided by Us, including through other linked third party Internet sites. In the event that this Agreement shall be translated into any language other than English, then the English language version of the Agreement shall control. This Site may contain hyperlinks or other references to third party Internet sites that SecurTest does not own or operate. You may be subject to additional terms and conditions that apply when You use third party Internet sites. You agree that You are responsible for reviewing and understanding any terms and conditions governing any third party Internet site and products and SecurTest has no responsibility therefore. This Agreement takes effect on Your first use of this Site, and it applies to all persons accessing the Site from Your computer, and to all persons using Your User ID, password or PIN. In the event that multiple translations of this Agreement exist, the English language version shall control. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You agree that this Agreement is not intended to and does not confer any rights on any persons other than Us and You and the third party beneficiaries referenced in this Section. If any provision of this Agreement is held invalid, unenforceable or void by applicable laws, the remaining portions shall continue in full force and effect. If, however, the class action waiver provision in Section 33 is found to be illegal or unenforceable, then the entire arbitration provision in Section u. will be unenforceable, and any Claims (as defined in Section u.) will instead be decided by a court. You may not assign this Agreement or the to someone else. Unless otherwise explicitly stated, the provisions contained herein will survive termination of this Agreement and Your access to and use of the Products and the information contained on this Site or provided by Us. Suppliers are third party beneficiaries under this Agreement. Y) SITE TERMS OF USE. These Terms of Use to the access and use of the SecurTest Web Sites (collectively, the "Web Site".) Products that are ordered through the Web site are subject to the agreements and terms of service that apply to them and can be accessed when a Product is requested. Further, additional proprietary notices and copyright information may be found on other pages in the Web Site. Warranty SecurTest does not warrant the completeness, timeliness or accuracy of any of the data and/or programs ("information") available at this web site. Z) Warranty to the fullest extent permitted by law, the information is provided "as is" without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. AA) Disclaimer In no event will SecurTest or its affiliates be liable to any party for any direct, indirect, special or other consequential damages for any use of or reliance upon the information found at this web site, or on any other linked web site, including, without limitation, lost profits, business interruption, loss of programs or other data, even if SecurTest is expressly advised of the possibility of such damages. Link Policy You are granted a limited, non-exclusive right to create a hypertext link to this Web Site found at https://www.equifax.com/; provided such link does not portray SecurTest and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any SecurTest trademark, logo or other proprietary information, including the images found at this Web Site, the content of any text or the layout/design of any page or form contained on a page without SecurTest's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of SECURTEST or any third party. Confidentiality Comments, suggestions or materials sent or transmitted to SECURTEST (collectively "Feedback"), shall be deemed to be non-confidential. Subject to the conditions described on the privacy page of this Web Site, SECURTEST shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products incorporating such Feedback. BB) Non-SecurTest Sites. SECURTEST makes no representations, warranties or endorsements with respect to any web site, which may be accessed, from this Web Site. When you access a non-SECURTEST web site, please understand that SecurTest has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature. Intellectual Property Rights This Web Site contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by SecurTest Inc. and its affiliated companies, including but not limited to, the registered mark "SecurTest"; any unauthorized use of same is strictly prohibited and all rights in same are reserved by SecurTest Inc. and its affiliated companies. Other products and company names mentioned in the Site may be the trademarks of their respective owners. SecurTest is licensed under the following, and related Ronald A. Katz Technology Licensing, L.P. United States Patents: 5,561,707; 5,828,734; 5,684,863; 5,815,551; 5,974,120; 5,917,893; 5,898,762; and others. SecurTest Interactive Services Certain areas of the Web Site contain interactive services, where visitors are permitted to post content for publication on the Web Site. CC) Please carefully read the following Terms and Conditions of Use (“Terms of Use”) before using the SecurTest Personal Finance Blog or SecurTest Technology and Analytical Services Blog (collectively, the “Interactive Sites”). DD) By using the Interactive Sites, you agree to follow and be bound by these Terms of Use, which govern your use of the Interactive Sites. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and SecurTest with regard to matters other than your use of the Interactive Sites. EE) SecurTest may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for such modifications. If you do not agree to the Terms of Use, do not use the Interactive Sites. The materials on the Interactive Sites are for information, education, and entertainment purposes only and you should not construe any information provided on the Interactive Sites as legal, tax, investment or other advice. In exchange for using any of the information contained in the Interactive Sites, you agree not to hold SecurTest or its third party information providers liable for any possible claim for damages arising from any decision you may make based, in whole or in part, on the information contained in the Interactive Sites. Please note that all data and other materials contained in the Interactive Sites that are provided by third parties are believed by SecurTest to be provided by reliable third sources, but SecurTest does not guarantee and is not responsible for the accuracy, timelines or suitability for use of any such data. FF) You agree that you are solely responsible for all information, data, content, messages, quotations and any other materials that you upload, post, e-mail, transmit or otherwise make available via the Interactive Sites (collectively, “User Content”). GG) By submitting User Content you represent and warrant that you own all right, title and interest to such User Content. SecurTest does not claim ownership of any User Content that you may submit or otherwise make available to the Interactive Sites, but as a condition of posting User Content you grant SecurTest a perpetual, worldwide, irrevocable, nonexclusive, royalty-free and transferable right and license to use, store, modify, publish, display, broadcast, sell, reproduce and create derivative works from any User Content you submit. HH) The Interactive Sites are owned and operated by SecurTest Inc., and all of its subsidiaries and affiliates (collectively, “SecurTest”). SecurTest may modify, suspend, discontinue or restrict the use and availability of any portion of the Interactive Sites at any time, without notice or liability. Your use of the Interactive Sites may be monitored by SecurTest and used for SecurTest’s internal business purposes, without liability. For a complete listing of all Terms of Use that govern your use of the Interactive Sites, please review the Terms in their entirety above. Where any of the foregoing terms set forth in the "Consumer Authorization" that follows are less favorable to SecurTest then the terms and conditions in the "Consumer Authorization" shall prevail. Where the terms or conditions set forth in the "Consumer Authorization" that follows is less favorable to SecurTest, the foregoing terms and conditions shall prevail. CONSUMER AUTHORIZATION 1) VIEWING ANY PORTION OF MY REPORT AND/OR CREATING A PERSONAL PROFILE AND/OR CLICKING "SUBMIT" IS MY OFFICIAL AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH AS FOLLOWS. 2) I CERTIFY AND AFFIRM THAT I HAVE READ AND AGREE TO ALL TERMS AND CONDITIONS HEREIN. Use of this website and iReviewNow.com is my agreement and legal consent to the terms and conditions set forth herein and/or by my agreement when I authorized a background investigation or consumer report to be obtained about me. 3) ABILITY TO REVIEW YOUR REPORT. Your prospective or current employer or the organization requesting a consumer or background report, such as a criminal records check, credit, or insurance report, and all other forms of consumer reports as defined by the Fair Credit Reporting Act and other federal and state laws, uses the exclusive iReviewNow System, which allows you to review your background (consumer) report at the same time to ensure fairness and accuracy. 4) The user of this report is hereafter referred to as "USER," which is the entity or individual I have authorized to prepare a consumer or background report and transmit it to iReviewNow.com for my review. I am the subject or consumer named in the report or reports, and I certify that I am legally allowed to enter into this Official Consent and Agreement. 5) BENEFITS. Among other benefits, I understand by using iReviewNow.com that:
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