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These Terms of Use were last revised on November 11, 2019.

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING AGREEMENT AND CONDITIONS FOR YOUR USE OF THE SITE.
To read or print our full Privacy Policy, click here. To review the full Terms of Use, keep reading.

INTRODUCTION

Welcome to the IdentityForce website. This website is owned and operated by Sontiq, Inc. (“Sontiq” “we”, “our”, or “us”). This Terms of Use (“Agreement”) governs your use of https://secure.identityforce.ca/ and your use of any interactive features, widgets, plug-ins, mobile applications (including the IdentityForce and EZShield mobile applications (the “App”), content, downloads and/or other online services that we own and control and that post a link to this Agreement (collectively, the “Site”). The Agreement contains the terms and conditions upon which you (“you” or the “member”) may access the Site or purchase any products or services through the Site.

Authorization to Access Credit Report
You understand that by clicking on any “I AGREE” button on the Site, you are providing “written instructions” to Sontiq and Trans Union LLC authorizing Sontiq and Trans Union Interactive LLC to obtain information from your personal credit profile, including debts related to medical services, from TransUnion. You agree that the information you provide is true and correct, that you are the person whose credit report is being requested, and that you are at least the age of majority in your jurisdiction of residence. You authorize the above parties to obtain such information solely for the purpose of accessing your credit report to verify your identity in order to avoid fraudulent transactions in your name and to provide credit reporting, monitoring, scoring and other credit related products.

Privacy Policy and Additional Terms
By using the Site, you acknowledge and accept the Site’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy. Each time you access and/or use the Site (other than to simply read this Agreement), you agree to be bound by and comply with the Agreement and any Additional Terms (defined below) then posted. Therefore, do not use the Site if you do not agree.
In some instances, both this Agreement and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Site or to a service or product offered via the Site (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Data Protection
We take data protection very seriously. We take all reasonable steps to ensure that your personal information (“data”) is secure and processed in accordance with all applicable data protection laws and regulations. For more information about our data protection practices and the manner in which we collect, use, disclose and otherwise manage your personal information, please see our Privacy Policy [insert hyperlink to updated Privacy Policy for Canada here].

  1. Site Content, Ownership, Limited License, and Rights of Othersa
    1. Content. The Site contains a variety of: (i) materials and other items relating to Sontiq and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Sontiq, including, but not limited to, Sontiq®, Sontiq® and Design, Trans Union®, Experian®, Equifax®, Chartis®, and What-if Simulator (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
    2. Ownership. The Site and the Content are owned or controlled by Sontiq and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of Sontiq or our licensors or certain other third parties, and is protected by U.S., Canadian, and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Sontiq owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
    3. Limited License. Subject to your strict compliance with this Agreement and the Additional Terms, Sontiq grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: download (temporary storage only when accessing via a standard Internet browser), display, view, use, play, and/or print one (1) copy of the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Sontiq’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms. If you enroll in certain of our subscription-based products or services, during your Subscription Term (defined below), we provide you with a non-exclusive and revocable license to access and/or download our online protection tools and other services available through our App.
  2. Membership and Payment Terms

Depending upon the membership or other services you enroll in, register for, or otherwise sign up for or subscribe to use (collectively, “enroll”), we may permit you to be enrolled: (i) by telephone, (ii) at our Site, (iii) by some other method we expressly permit, or (iv) by a third party who is authorized to enroll you on your behalf (collectively, the “Enrollment Process”). If your membership is paid for by a third party, you will not be asked to provide payment information and you will not be charged for the membership program you enroll in. Otherwise, Sontiq will charge the membership fee and each renewal fee to your credit card or bank account, at the then prevailing rate and your membership will continue automatically. Sontiq will charge this membership fee to the credit card or bank account that was most recently used on the Site or otherwise provided at the time of registration. By submitting your credit card or bank account information to us, you hereby agree that you authorize us to charge your card or your bank account, as applicable, at our convenience but in any event within thirty (30) days of initial credit card or bank account authorization and thereafter automatically within thirty (30) days after each renewal date. Should your credit card or online check fail to authorize, you will be notified via email to the email address provided to us by you. The benefits of your membership (including, without limitation, online credit reports and monitoring alerts) may be suspended until payment is received. If payment is not received within sixty (60) days, any previous alerts you have received may be purged from our database, and your membership may be cancelled. You agree that Sontiq will not be liable to you or any third party for termination of your membership or access to the Site.

Subscription Term & Termination
Your subscription will commence as agreed at the time of sign-up with Sontiq. Your subscription will continue in full force for the length of the term you specifically purchased or on an indefinite term, billed monthly, until such time as you cancel the subscription as further explained below (the “Subscription Term”). In the event that you cancel a subscription in the middle of your Subscription Term, you are entitled to receive a refund for the unused portion of the remainder of that Subscription Term.
Sontiq will have the right, upon written notice to you, to terminate this Agreement, and suspend your access to your subscription, if: (a) you fail to pay Sontiq any amount due to Sontiq under this Agreement; and/or (b) you materially breach any term or condition of this Agreement. Sontiq shall have the right to terminate this Agreement and suspend your access to your subscription with or without cause, upon sixty (60) days written notice to you in which case you will no longer be charged for access to the subscription. Upon the expiration or termination of this Agreement for any reason, your access to, and use of, your subscription will terminate.

Communications with Credit Reporting Agencies
As a condition to purchasing any products, services or membership packages from Sontiq, you agree to authorize us to act as agent on your behalf and in your name for all purposes in communications and other dealings with any credit bureau to the extent necessary for Sontiq to deliver the products, services or packages purchased by you. The communications and other dealings may involve, amongst other things, placing a fraud alert on your credit file and opting out of marketing list sales.

Auto-Renewal of Membership
Certain memberships as indicated at the time of purchase, such as monitoring products and identity theft insurance will continue for an indefinite period without action by the member, and the membership fee is charged to the member on a monthly basis. An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the membership is cancelled by the enrolled member as set forth in the paragraph below. By providing your payment method information for your subscription, you are agreeing to pay a subscription fee on a monthly basis at the then current rate, unless you cancel prior to the expiration of the current Subscription Term, and any applicable taxes and service fees (collectively, “Fees”). The Fees will be charged to your original payment method automatically at the beginning of your Subscription Term, and at the beginning of each applicable monthly period thereafter on the calendar day corresponding to the commencement of your current Subscription Term, unless you cancel your subscription or your account is suspended or terminated pursuant to this Agreement. The rate charged for each monthly period will be the then current subscription-rate. The Fees charged to your payment method may vary from time-to-time due to changes in your subscription plan or applicable taxes, and you authorize Sontiq to charge your payment method for these amounts. Sontiq reserves the right to change the pricing of subscription at any time. In the event of a price change, Sontiq will post the new pricing on the Site and notify you at least thirty (30) days in advance of such changes becoming effective by sending an email clearly setting out the change to the address you have registered for your account, and you may choose to either terminate your contract with us without penalty by letting us know no later than thirty (30) days after the changes take effect, or to continue under the new Sontiq Terms. You agree that we may change the pricing we charge you for your subscription and any products/services offered in your subscription package by providing you with notice through an electronic communication from us and 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. You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to you. If you do not wish to accept a price or subscription package change made by us, you may cancel your subscription as described below, otherwise you will be deemed to have consented to the price/subscription package change and authorize Sontiq to charge the new Fees to your payment method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Sontiq within sixty (60) days after they first appear on an account statement.

Cancellation of Membership
A member will have the right to cancel membership at any time upon notice to Sontiq. Please see our Refund Policy below. If you are a Canadian resident, you can cancel by phone at 1-877-798-1765 or, if you purchased your membership at https://secure.identityforce.ca/, you can cancel your membership from the Manage Account section of your member dashboard. If you cancel by phone, our customer service operators are available Monday-Friday, 8:00 a.m. ET until 5:30 p.m. ET. Upon cancellation, the member loses access to the areas of the Site designated for members only. This could include any credit and other data and analyses that have been displayed during your membership.

Purchases Generally
To purchase any products or services, you must be at least the applicable age of majority in your jurisdiction of residence. All prices displayed are quoted in Canadian dollars. Prior to the purchase of any products or services from us, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service (including subscriptions) that you order on the Site, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Sontiq will automatically bill your credit card or other form of payment submitted as part of the order process for such price.

In order to enroll in, register for and receive one or more services or memberships, you must provide us with the full and accurate personal information that we require for the applicable services, which may include without limitation, your name, address, telephone number, email address, date of birth, driver’s license number, Social Security number, and other personal information to verify your identity, as well as financial information such as your credit card number. You agree to keep all personal information updated and accurate. In the event we do not receive all the required personal information during your Enrollment Process, you agree that we may, in our sole discretion, use our database, the database of our affiliates, or other resources to attempt to complete the required personal information on your behalf. If we are unable to obtain the required personal information or you fail to authenticate your identity as may be required, the services for which you have enrolled or registered from us may be limited. Upon completion of the Enrollment Process, and payment to us of any fees owed, you will become eligible to receive the services for which you have enrolled or registered.

YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, THAT YOUR ACCESS TO OR USE OF THE SITE DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT. FURTHER, IF YOU ENROLL IN OR USE OUR CREDIT MONITORING SERVICE AND/OR ANY OF OUR PROTECTION PROGRAMS, YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE PROVIDED US WITH YOUR VALID SOCIAL INSURANCE NUMBER (IN CANADA) OR OTHER NATIONAL IDENTIFICATION NUMBER (IF OUTSIDE OF CANADA), AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL AND BUSINESS ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID SOCIAL INSURANCE NUMBER/NATIONAL IDENTIFICATION NUMBER.

Methods of Payment, Credit Card Terms and Taxes
All payments must be made through your Visa, MasterCard, Discover or American Express. We currently do not accept cash or personal cheques, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT Sontiq, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Sontiq of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Sontiq does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Sontiq or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Sontiq shall automatically charge and/or withhold the applicable tax for orders in any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.

Refund Policy
All purchase transactions made through the Site are subject to Sontiq’s refund policy in effect at the time of purchase. Currently, Sontiq’s refund policy allows customers to cancel their plan at any time and receive a refund for any unused portion of a monthly fee that has been purchased through the Site.

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sontiq reserves the right at any time after receipt of your order to accept or decline your order for any reason. Except where prohibited by law (which may include the Province of Quebec), Sontiq further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Sontiq after you sign-up and accept this Agreement. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Sontiq has been effected until you receive a confirmation from Sontiq via email or the Site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.

No Responsibility to Sell Mispriced Products or Services
We do our best to describe every item, product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Sontiq shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply.

Modification to Prices or Billing Terms
The purchase of products and services on the Site is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), Sontiq RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

  1. Site and Content Use Restrictions

You may not use the Site or any Content in a manner which is prohibited by this Agreement. All rights not expressly granted to you are reserved by Sontiq and its licensors and other third parties.

    1. Site Use Restrictions.You agree that you will not: (i) aside from your purchase of goods or services offered for sale by Sontiq or its affiliates, use the Site for any political or commercial purpose; (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Sontiq; (iv) reverse engineer, decompile, disassemble, reverse assemble, insert any code or product, modify, destroy, interrupt, or limit the functionality of any Site source or object code or any computer software or hardware, telecommunications equipment, or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with your access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Sontiq, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content (defined below); (vii) harvest or otherwise collect, gather, assemble, or store any information (including personally identifiable information about other users of the Site, including e-mail addresses, preferences, user names, or accounts, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; (ix) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site; (x) use the Site to solicit others to join or become members of any other commercial online service or other organizations; (xi) transmit or upload to the Site any computer program or item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of the Site or adversely affect a user; or (xii) otherwise violate any applicable local, federal, provincial, territorial, or international law, this Agreement or any Additional Terms. We may also terminate or restrict your use of the Site (or products and services offered through the Site) if you engage in any other illegal or fraudulent use of the Site.
    2. Content Use Restrictions. You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using data mining, data extraction, or data gathering method, or any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, deep-link, or any other automatic device, program, methodology, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, email, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by this Agreement or any Additional Terms or with the prior written consent of an officer of Sontiq or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
  1. Disclaimer or Warranties

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, MEMBERSHIP PACKAGES, SUBSCRIPTIONS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”. EXCEPT TO THE EXTENT EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER Sontiq NOR ITS PARTNERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE USE THEREOF IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, FREEDOM FROM COMPUTER VIRUS OR OTHERWISE OR WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES; THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR FREE; THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THERE WILL BE NO UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION. IN ADDITION, EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THIS AGREEMENT UNDER THE SECTION ENTITLED “LIMITED WARRANTY”, Sontiq AND ITS PARTNERS EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK.

  1. Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER Sontiq NOR ITS PARTNERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

IN NO EVENT SHALL Sontiq BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF Sontiq’S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICES OR ANY DELAY IN PROVIDING SERVICES NOR SHALL Sontiq HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN.

YOU UNDERSTAND THAT WE ONLY MONITOR YOUR PERSONAL INFORMATION WITHIN OUR NETWORK USING CERTAIN PROPRIETARY TECHNOLOGIES AND DATABASE INFORMATION OWNED BY OR UNDER LICENSE TO US, BUT NOT ALL TRANSACTIONS, INCLUDING THOSE THAT MIGHT ENTAIL THE POTENTIALLY FRAUDULENT USE OF A CUSTOMER’S INFORMATION, MAY BE MONITORED AND THE SCOPE OF THE NETWORK UTILIZED BY US TO PROVIDE ALERTS MAY CHANGE. YOU ALSO UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THESE SERVICE TERMS AND COMPLETE THE ENROLLMENT PROCESS FOR ALL OF THE SERVICES TO BE FULLY ACTIVATED.

THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IN NO EVENT SHALL THE LIABILITY OF Sontiq EXCEED THE FEES YOU PAID FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS.

  1. Indemnification

You agree to, and you hereby, defend, indemnify, and hold Sontiq harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ and other legal fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Sontiq, arising out of or in connection with: (i) your use of the Site and your activities in connection with the Site; or (ii) your breach or alleged breach of this Agreement or any Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) Sontiq’s use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Sontiq in the defense of any Claim and Losses. Notwithstanding the foregoing, Sontiq retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Sontiq reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Sontiq.

  1. Identity Theft Insurance & Restoration Services

The identity theft insurance benefit for members is underwritten and administered by Assurant and its affiliates under a master group policy issued in the name of Sontiq, Inc. for the benefit of members. A summary of the terms of coverage are set forth on your account dashboard under the “My Services” tab. The complete policy is available from Sontiq on request. Assurant administers all claims and Sontiq shall have no responsibility with respect to such identify theft benefit. Restoration services are provided by EZShield, Inc.

  1. Registration and Accurate Information

If you decide to register on our Site, become a member of one of our membership programs, purchase our products or services or participate in our partner programs, contests or surveys, you may be required to register, provide personal information, and select a username and password. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Site using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this Agreement, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

While Sontiq takes reasonable measures to safeguard and to protect unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express or implied, that we will prevent unauthorized access to your private information.

  1. Feedback You Submit
      1. General. Sontiq may now or in the future offer users of the Site the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Site, messages, text, files, comments, responses, information, content, results, ratings, reviews, suggestions, data, questions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). Sontiq may allow you to do this through contact us, email, and other communications functionality. Subject to the rights and license you grant in this Agreement, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
      2. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Site’s posted Privacy Policyor any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Sontiq does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Sontiq’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with this Agreement or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with Sontiq, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for software, apps, books, websites, products, services or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Site are deemed User-Generated Content and licensed to us as set forth below. In addition, Sontiq retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Sontiq’s receipt of your Unsolicited Ideas and Materials is not an admission by Sontiq of their novelty, priority, or originality, and it does not impair Sontiq’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
      3. License to Sontiq of Your User-Generated Content.Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User-Generated Content), you hereby grant to Sontiq, and you agree to grant to Sontiq, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Sontiq to your User-Generated Content, you also hereby grant to Sontiq, and agree to grant to Sontiq, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 9(C).

10. Links By You to the Site

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Sontiq or cause any other confusion, and (c) the links and the content on your website do not portray Sontiq or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Sontiq.

11. Updates to Agreement

ALL ASPECTS OF THIS AGREEMENT AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE AGREEMENT OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE AGREEMENT AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER AGREEMENTS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER AGREEMENT FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Use and any applicable Additional Terms each time you use the Site. The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Agreement (and any applicable Additional Terms) that applied when you previously used the Site will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. If you are a consumer, we will notify you by email at least thirty (30) days before the changes become effective, and you may choose to either terminate your contract with us without penalty by letting us know no later than thirty (30) days after the changes take effect, or to continue under the new Sontiq Terms. You can also reject any new, revised or Additional Terms by discontinuing use of the Site and related services.

12. Notices

You should send any notices or other communications regarding our Site, your membership, products or services to Sontiq, Inc., 9920 Franklin Square Drive, Suite 250, Nottingham, MD, 21236, USA.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. 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. If you wish to update your registration information, please log in to your account or if a Canadian resident contact Customer Service at 877-798-1765.

13. Miscellaneous

    1. Applicable Law. This Agreement will be governed by, enforced, and construed in accordance with, and any dispute will be resolved in accordance with, the laws in effect in the Canadian province or territory in which you reside.
    2. Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sontiq as a result of this Agreement, our Privacy Policy or any use of the Site.
    3. Operation of Site; Availability of Products and Services; International Issues. Sontiq controls and operates the Site from its U.S.-based offices in the U.S.A. The Site may describe products and services that are not available worldwide. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Site’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of this Agreement and any Additional Terms. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Site, or other feature that we provide. You and we disclaim any application to this Agreement of the Convention on Contracts for the International Sale of Goods. You may not use or export the any software or materials made available on the Site in violation of U.S. or Canadian export laws and regulations.
    4. Severability; Interpretation. If any provision of this Agreement, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from this Agreement or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement or the Additional Terms (which will remain in full force and effect). Section headings are provided for convenience only and shall not limit the full Agreement.
    5. Termination; Survival. Sontiq reserves the right to discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Upon suspension or termination of your access to the Site, or upon notice from Sontiq, all rights granted to you under this Agreement or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of this Agreement and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Sontiq in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction and choice of law.
    6. Assignment. Sontiq may assign its rights and obligations under this Agreement and any Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Sontiq.
    7. No Waiver. Except as expressly set forth in this Agreement or any Additional Terms, (i) no failure or delay by you or Sontiq in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this Agreement or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
    8. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Sontiq with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sontiq with respect to the Site.

14. Terms Applicable For Accessing The App Through An Apple Device

If you are accessing or using the Sontiq App through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):
(i) To the extent that you are accessing the App through an Apple Device, you acknowledge that this Agreement is entered into between you and Sontiq and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below.
(ii) The license granted to you in Section 1 of this Agreement is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the App.
(iii) You acknowledge that Sontiq, and not Apple, is responsible for providing the App and Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.
(v) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Sontiq, Sontiq and not Apple is responsible for addressing any claims you may have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
(ix) When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.
(x) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.