Terms of Use

Effective Date: May 01, 2024

Please read carefully before using this Site.

This website ("Site") is owned and operated by InfoPay, Inc. ("we", "our," or "us"). These Terms of Use apply to any access or use by you ("you," "your," or "User") of the IDStrong website (the "Site"), any mobile sites, applications, widgets, and other mobile interactive features associated with the Site and all digital assets contained or offered therein (collectively, our "Services"), through other services that we may offer in connection with our Site and Services, through our official social media pages that we control (our "Social Media Pages"), as well as through email messages that we send to you (collectively, the Social Media Pages, Services and Site, the "Sites").

By accessing, browsing, or otherwise using the Sites, you agree to be legally bound by these Terms of Use, including the Binding Arbitration Clause and Class Action Waiver described below, and the Privacy Policy. PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE.

YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SITES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THESE TERMS OF USE. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE ENROLLING IN ANY SERVICE(S) ONLY FOR YOURSELF OR FOR YOUR MINOR CHILD AND NOT ON BEHALF OF ANY OTHER INDIVIDUAL.

FURTHER, IF YOU ENROLL IN OR USE ANY OF OUR PROGRAMS, YOU ALSO REPRESENT AND WARRANT THAT YOU ARE A U.S. RESIDENT, AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL ACCOUNTS THAT ARE DIRECTLY ASSOCIATED YOUR INFORMATION OR INFORMATION YOU ARE LEGALLY PERMITTED AND AUTHORIZED TO PROVIDE.

IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MUST NOT ENROLL OR REGISTER FOR ANY OF THE SERVICES OR OTHERWISE USE THE SITES.

UNLESS YOU CONTACT US WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR INITIAL EMAIL YOUR ENROLLMENT WILL INCLUDE THE PROVISIONING OF ANY APPLICABLE INSURANCE COVERAGE.

These Terms of Use apply only to your use of the Sites, and were last updated as of May 01, 2024. We expressly reserve the right to revise these Terms of Use at any time and such revision shall be posted here and accessible via this link: https://www.idstrong.com/terms/. Any revision and/or addition to these Terms of Use shall become effective and binding on you when you continue to use the Sites on or after the effective date of such revision and/or addition.

License to Use the Site

(a) License to Use the Site: We grant you a personal, limited, nonexclusive license to access and use the Sites, its contents, or any part of them (individually and collectively, the "IDStrong Content") for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Sites except for these express purposes and as expressly allowed by these Terms of Use.

(b) Written Instructions: You understand that by enrolling in our Services, you are providing consent and written instructions to IDStrong and its third-party processors, which may include CSIdentity Corporation (CSID) to exchange information about you with third party data sources and suppliers and/or obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You agree and hereby authorize us and our third-party processors to provide your personally identifiable information to third parties as provided in our Privacy Notice, which may be amended from time to time. You also authorize us and our third-party processors to use your Social Security number to access your personal credit profile; verify your identity; provide credit monitoring, reporting and scoring products; and otherwise in accordance with our Privacy Notice. You waive any and all claims against us and any other third-parties involved in providing you with the Services for the acts and omissions of these third parties with regard to the use or disclosure of such information. You further authorize us to obtain various information and reports about you in order to provide the Services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.

(c) Free Scan: We offer you the option to have IDStrong run a free scan of certain of your personal information and present you with the initial results of that scan (the "Free Scan"). You agree that we may use the personal information you provide, including your name, telephone number, email address, and preferred state, to perform the Free Scan, check that personal information against our public records databases and data breach databases, and present you with the initial results. Additional search options and reports are available with the purchase of IDStrong services.

(d) Authorized Use: You agree that you will only use the Services only for your own behalf to protect against, monitor, or prevent fraud, unauthorized transactions, claims or other liabilities. You further agree that to the extent you use the Services to act on behalf of another individual, You agree that you have all necessary authorizations, consents and legal authority to do so.

Privacy and Security

You acknowledge that you have read, understand and agree to our Privacy Notice, located at https://www.idstrong.com/privacy. The Privacy Notice governs the collection, use and disclosure of your personal information. The Privacy Notice is hereby incorporated into and made part of these Terms of Use by reference.

Terms of Purchase

(a) Account Registration and Use License: In order to access and use all of the features of the Sites, you can register for an account ("User Account"). When you register for your User Account, you must provide true, accurate information ("Account Information"), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Use, InfoPay, Inc. hereby grants to you the personal, non-transferable right and license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.

(b) Account Information: When enrolling on the Sites, we will ask you for the following types of information: contact information (such as name, address, phone number, and email address); sensitive information (such as date of birth, driver's license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our Services, and to fulfill our obligation to provide our Services to you, including communicating with third parties as necessary to provide such Services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others. For additional information on our privacy practices, please visit our Privacy Notice https://www.idstrong.com/privacy.

(c) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) are at least 18 years of age or older; (ii) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, and (iii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction.

BY USING IDSTRONG OR PURCHASING IDSTRONG SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER AND MEET ALL ELIGIBILITY CRITERIA OUTLINED IN THIS PARAGRAPH.

(d) Account Confidentiality, Security & Passwords: Upon registration on the Site, you will provide us with a password to access your account. You are responsible for maintaining the confidentiality of your password, your account and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your User Account.

You are solely responsible for maintaining the security of your email accounts, social media accounts, and financial and other accounts through the use of strong passwords, two-factor authentication, and other safety measures. If you suspect your account credentials have been compromised, you should immediately create new credentials and notify the relevant service or financial institution.

YOU AGREE THAT WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY COST, LOSS, DAMAGES OR EXPENSES ARISING OUT OF A FAILURE BY YOU TO MAINTAIN THE SECURITY OF YOUR ACCOUNT.

(e) Trial Periods: We may offer you access to a free trial use of IDStrong services. If you choose a free trial, your paid subscription will begin following the expiration of the free trial period, and fees for your subscription will be billed to the payment method provided as part of your Payment Information. To cancel your subscription before incurring your first subscription charge, contact customer service within the trial period.

(f) Payment of Fees: Payment of fees for purchases of IDStrong services must be made with current and valid payment method information ("Payment Information"). If your Payment Information is insufficient, or not accurate, current, and complete, and you do not notify us promptly when such information changes, we may refuse your use of IDStrong and, where applicable, suspend or terminate your subscription. Upon completion of the registration process, and payment to us of any fees owed, you will become eligible to receive the Services for which you have enrolled.

(g) Billing Policies: Fees will be billed to the payment method provided as part of your Payment Information on a recurring monthly basis until you cancel your subscription. You may cancel your subscription at any time by contacting customer services. Please note that subscription fees are billed monthly in advance; we will not refund the unused portion of your monthly subscription. You acknowledge and agree that we may preauthorize your card and we will not obtain additional authorization from you for each recurring fee charged to your Payment Account.

Charges for IDStrong services will appear on your credit or debit card bill as IDSTRONG or IDSTRONG.COM or

(h) Identity Theft Insurance: When you sign up with IDStrong, you will be enrolled in IDStrong's Identity Theft Insurance program which will insure you against certain losses and reimbursed for certain out of pocket costs and expenses related to identity theft events, including:

• Replacement of Documents;
• Travel Expenses;
• Lost Wages;
• Childcare/Elderly Care;
• Fraudulent Withdrawals/Unauthorized Electronic Funds Transfer (EFT); Reimbursement Coverage; and
• Legal Costs.

Please review the Summary of Benefits of the insurance policy (provided below), which explains the benefit limits and maximum reimbursements for the available services.

Identity Theft Insurance is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company. You may view the terms, conditions, and exclusions of coverage on the IDStrong website. Coverage may not be available in all jurisdictions.

(i) Cancellation and Termination by You: You are solely responsible for properly canceling your User Account. You can cancel your User Account at any time by clicking on the settings link in the global navigation bar at the top of the screen. The settings screen provides a simple no-questions-asked cancellation link. Your cancellation will take effect immediately; however, the cancellation of your User Account will have no impact on any pending orders made via the Site. Any cancellation request will result in the cancellation of any upcoming invoices and/or bills associated with your User Account.

(j) Termination and Suspension by IDStrong: We reserve the right to terminate your User Account and/or these Terms of Use at any time and for any reason upon notice to you. We may also suspend our Service to you at any time, with or without cause. Any termination of your User Account and/or these Terms of Use will have no impact on any pending orders made via the Sites.

(k) Effect of Termination: Once your User Account is terminated, we may permanently delete your User Account and any or all User Content associated with it. Except where an exclusive remedy may be specified in these Terms of Use, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Use. All sections of these Terms of Use which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

Changes to our Services

We reserve the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time. We may also modify the terms that apply to the features and your use of the Services. We shall make reasonable attempts to provide you with notice of such modifications by posting them on the Site. We have no obligation to provide direct notice of any such changes. We reserve the right to define eligibility criteria for the Services, and make changes to those criteria at any time.

Unless you have otherwise affirmatively agreed to such changes, by continuing to use the Service(s) and Site after any such changes or modifications to the Service(s) become effective, you agree to be bound by the revised terms. If you object to such change, your sole remedy shall be to terminate and/or cancel the Service. You can cancel the Service at any time.

Monitoring Services and Alerts

IDStrong offers services for monitoring important information including your personal identity information, public records information, social media accounts, personal credit, and financial information. To enable our monitoring services, you may provide us with the relevant account information, such as credit card numbers, bank accounts, and social media accounts ("Account Information"). If you choose to activate monitoring services, you authorize IDStrong to monitor the web regarding your accounts on your behalf, and to access your credit report and credit score. You hereby grant us a non-exclusive, royalty-free, fully paid-up, license to use Account Information in order to provide you with IDStrong services. You are solely responsible for providing us with current and updated Account Information.

You may elect to have alerts concerning your credit report, credit score, online account security, and public records information delivered to your computer and mobile devices via email and/or SMS. You expressly authorize us to deliver such alerts to the email address and/or mobile number(s) you have provided to us. We will continue to deliver alerts to you until you change your delivery preferences or deactivate monitoring services. If your email address or mobile number changes, you must update that information with IDStrong in order to continue to receive alerts. Standard text messaging and data rates apply. You are solely responsible for all fees charged by your mobile service provider. You may unsubscribe from the alerts at any time.

We reserve the right to add, remove, or modify the types of transactions for which we provide alerts at any time and without advance notice to you.

You acknowledge and agree that the Sites and any alerts provided are not intended to provide legal, tax or financial advice recommendations.

The frequency of alerts will vary based on the type of alert and monitoring service. We do not guarantee the actual, complete, or timely delivery or alerts. WE ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY TO, THE FAILURE OF ANY ALERT TO BE ACTUALLY, ACCURATELY, FULLY OR TIMELY DELIVERED TO YOU FOR ANY REASON WHATSOEVER, INCLUDING THOSE CAUSED BY A TECHNICAL ERROR OR OTHER PROBLEM.

YOU AGREE AND UNDERSTAND THAT WE DO NOT MONITOR ALL POSSIBLE TRANSACTIONS WHICH MAY INVOLVE YOUR PERSONAL OR FINANCIAL INFORMATION, AND THAT INFORMATION BASED ON PUBLICLY AVAILABLE RECORDS MAY BE INCORRECT OR OUTDATED. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY BASED ON YOUR RELIANCE ON OR USE OF ANY INFORMATION CONTAINED IN ANY ALERT, THE INACCURACY OR UNTIMELINESS OF ANY INFORMATION CONTAINED IN ANY ALERT, OR DUE TO A FAILURE TO SEND OR RECEIVE AN ALERT.

IDSTRONG SERVICES DO NOT INCLUDE THE PLACEMENT OF FRAUD ALERTS WITH CREDIT REPORTING COMPANIES. YOU ARE SOLELY RESPONSIBLE FOR NOTIFYING CREDIT REPORTING COMPANIES OF POSSIBLE FRAUDULENT ACTIVITY.

SMS ALERTS

You may elect to receive alerts from IDStrong concerning your credit report, credit score, online account security, and public records information delivered to your mobile devices via SMS. The message frequency varies. You expressly authorize us to deliver such alerts to the mobile number(s) you have provided to us. We will continue to deliver alerts to you until you change your delivery preferences or deactivate monitoring services. You may unsubscribe from SMS alerts at any time, including by replying STOP to the alert. HELP keyword instructions, "Reply HELP for help". If your mobile number changes, you must update that information with IDStrong in order to continue to receive alerts. Message and data rates apply. Carriers are not liable for delayed or undelivered messages. You are solely responsible for all fees charged by your mobile service provider.

For any questions, you can contact us at support@idstrong.com or call our Customer Care team at (800) 470-7489. You can learn more about our collection and use of your mobile information in our Privacy Policy at https://www.idstrong.com/privacy.

EMAIL ALERTS

You may elect to receive alerts from IDStrong concerning your credit report, credit score, online account security, and public records information delivered to you via email. You expressly authorize us to deliver such alerts to the email address you have provided to us. We will continue to deliver alerts to you until you change your delivery preferences or deactivate monitoring services. If your email address changes, you must update that information with IDStrong in order to continue to receive alerts. You may unsubscribe from email alerts at any time.

Credit Reports & Credit Scores

(a) General

The Sites may provide the opportunity for you to monitor your credit report or score ("Credit Services"). Your enrollment in any Service that includes Credit Services depends upon both (i) the credit bureau's ability to locate your credit file in their records, and (ii) the successful authentication of your identity. If you do not meet these requirements, your membership plan will continue to provide all other services, and will exclude the Credit Services.

Credit Services may provide you with your credit score. The credit score is provided for your own educational use only.

(b) VantageScore 3.0 Credit Scores Disclosure

VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.

There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So, your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.

There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if your lender gives you a score that's different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.

FCRA Notice

InfoPay, Inc. is not a "consumer reporting agency" as defined under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended, and the information in our databases has not been collected in whole or in part for the purpose of furnishing "consumer reports" as defined by the FCRA. Rather, the information has been obtained by us as a result of being publicly available to us for our possession, use and dissemination. The IDStrong services are not intended or expected to be used for any purpose under the FCRA, and you agree and understand that you may not and will not use the IDStrong services for any such purpose.

Restrictions on Use

You are responsible for your access or use of the Sites.

(a) General Use Restrictions: You agree that you shall not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify IDStrong in any manner or form, (iii) copy, distribute, or create derivative works based on the IDStrong Content (as defined below), (iv) exploit the IDStrong Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey IDStrong or any elements thereof.

(b) IDStrong Content: Without limitation to these Terms of Use, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them (individually and collectively, the "IDStrong Content"). We expressly retain all right, title and interest in and to the IDStrong Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted by these Terms of Use, any use of the IDStrong Content may violate copyright and/or other applicable laws.

(c) Third Party Content: In addition to the IDStrong Content, the Sites may contain information and materials provided by third parties (collectively, "Third Party Content"). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy notices of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

(d) Trademarks: IDStrong, the IDStrong Logo and all of our product names are trademarks and services marks of InfoPay, Inc. (collectively "IDStrong Trademarks"), and nothing in these Terms of Use shall be construed as granting any license or right to use the IDStrong Trademarks without our prior written consent. All trademarks, service marks and logos included on the Sites ("Marks") are the property of InfoPay, Inc. or third parties, and you may not use such Marks without the express, prior written consent of InfoPay, Inc. or the applicable third party.

(e) No Automated or Non-Human Means of Access: You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site's operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

(f) Additional permissions: You may request additional permissions to use any IDStrong Content by contacting us as described on the Sites. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on whose behalf you may be requesting permissions.

You may make no use of the IDStrong Content not expressly allowed in these Terms of Use until and unless we contact you and grant additional permissions—and then only exactly in line with any such permissions. If not expressly stated otherwise in our grant of any such additional permissions, our grant of any such permissions is revocable at any time by us and expires six months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of any permitted IDStrong Content will not violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation by defamation or violating any rights or publicity or privacy).

(g) Monitoring of IDStrong Content and use of Sites: We reserve the right, but do not undertake the obligation, to monitor the use of the Sites, and to investigate and take appropriate legal action against any party that uses the Sites in violation of these Terms of Use or applicable law. We reserve the right to accept, reject or modify any IDStrong Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any IDStrong Content.

Your Messages, Requests, or Other Comments or Content to or for Us

The Sites may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.

Notwithstanding anything to the contrary set forth herein or otherwise, we will have the right to collect and analyze data and other information relating to the provision, use or performance of the Sites and related systems and technologies (including information concerning user data and data derived therefrom), and to aggregate and/or anonymize all such data and information. IDStrong will be free at any time to: (i) use such information and data to improve and enhance IDStrong's offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business. Any such use of information under this provision shall be in conformance with our Privacy Notice, available at https://www.idstrong.com/privacy.

Linked Websites on the Sites

The Sites may contain links to and integrations with third party websites and services, and you agree that we provide links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that we do not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Sites is at your own risk, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Use.

Links to the Sites

You may not create a link to any page of our Sites without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Sites by linking to it.

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF IDSTRONG IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IDSTRONG IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED ON THE IDSTRONG WEBSITE OR IN ANY OTHER MATERIALS YOU MAY RECEIVE FROM IDSTRONG DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, NEITHER WE NOR OUR SERVICE PROVIDERS OR THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION CONTRACTORS MAKE ANY WARRANTY OR REPRESENTATION OR ASSUME ANY LIABILITY REGARDING THE USE, VALIDITY, ACCURACY, AVAILABILITY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, IDSTRONG. YOUR USE OF IDSTRONG IS SOLELY AT YOUR OWN RISK.

IDSTRONG DOES NOT AND CANNOT DETECT, PREVENT, OR REPORT ALL DATA BREACHES, IDENTITY THEFT. WE DO NOT AND CANNOT GUARANTEE THAT THE PUBLIC RECORDS INFORMATION MADE AVAILABLE ON IDSTRONG IS ACCURATE OR UP TO DATE.

Limitation of Liability

(a) Indemnification: YOU AGREE TO DEFEND AND INDEMNIFY US FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR ANY IDSTRONG CONTENT.

(b) Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY IN THESE Terms of Use, WE PROVIDE THE SITES (INCLUDING WITHOUT LIMITATION ANY AND ALL IDSTRONG CONTENT) "AS IS" WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT—INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK IN THE USE OF THE SITES RESTS WITH YOU. INFOPAY, INC. SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON ANY MATERIAL CONTAINED ON THE SITES. INFOPAY, INC. MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OF THE SITES OR THAT THE SIDES WILL BE UNINTERRUPTED, OR THAT THE SITES AND/OR THE IDSTRONG CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.

(c) Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT INFOPAY, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS, AND THEIR AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITES (OR ANY IDStrong Content)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

NEITHER WE, OUR SERVICE PROVIDERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, Experian Confidential (v9/2021) 4 OR CREDIT SCORE. NEITHER CLIENT, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF INFOPAY, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Governing Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of Massachusetts, without reference to its conflict of laws principles. All claims/disputes arising out of or relating to these Terms of Use will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in or near Boston, Massachusetts, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

1. Arbitration Notice

You on the one hand and IDStrong and/or IDStrong’s service providers on the other agree that if there is any dispute or claim arising from or related to our Services, these Terms of Use, and/or the Privacy Policy it will be resolved by confidential binding arbitration (except for the Exempt Claims, as defined below), rather than in court, after first giving Notice of the Dispute ("Notice") to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to IDStrong, InfoPay, Inc., 227 Lewis Wharf, Boston, MA 02110. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you, on the one hand, and IDStrong and/or IDStrong’s service providers on the other are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)'s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Use as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any claims by you against us or our service provider(s) as well as their respective corporate affiliates for claims arising out of these Terms of Use directly related to the Services or our sites. The Federal Arbitration Act and federal arbitration laws apply and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

The arbitration shall be held in Boston, Massachusetts or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Notice. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms of Use to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Use contained in this Section is posted to the website and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS ACTION WAIVER: YOU, ON THE ONE HAND, AND THE COMPANY AND/OR ITS SERVICE PROVIDERS ON THE OTHER, AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. For the avoidance of doubt, unless both You on the one hand and Company and/or Company’s service providers on the other agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration notice shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

EXEMPT CLAIMS: You and the Company agree that the following types of claims are not required to be submitted to an arbitration subject to the following conditions:

You or we are not required to arbitrate a claim brought on an individual basis We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.

ARBITRATION ARISING FROM CREDIT REPORTS: Where your claim arises from your credit profile or credit report, the following terms apply to this arbitration provision:

At your request, we will promptly reimburse you for your payment of any arbitration filing fee. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request). We will pay all costs of arbitration, no matter who wins, so long as your claim is not frivolous. However, in arbitration, you, on the one hand, and we, on the other, are entitled to recover attorneys’ fees from each other party to the same extent as you and we would be in court. Despite the foregoing and unless you are a California resident, you will reimburse us for all Fees if (i) we prevail in the dispute, unless the arbitrator determines that this would make the costs of arbitration cost-prohibitive; or (ii) if the arbitrator determines the claims you asserted were for the purposes of harassment or other improper purpose.

You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this Arbitration Provision.

OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within 60 calendar days of your agreement to this Arbitration Provision by mail to support@idstrong.com . Include your name, address, and date in the correspondence. This is the only way you can opt-out.

2. Claims and Disputes Must be Filed Within One Year

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns. The terms of this Arbitration Notice shall survive any termination, cancellation or expiration of these Terms of Use.

Changes to these Terms of Use

We reserve the right to amend these Terms of Use at our discretion and at any time. When we make changes to these Terms of Use, we will post the new Terms of Use on the Sites. By continuing to access, browse, or otherwise use the Sites, you agree to be legally bound by any such new Terms of Use.

Location of the Sites and your Use

We operate or control the operation of the Sites from the United States. In addition, the Sites may be mirrored, and other websites operated or controlled by us may be operated from various locations in and outside of the United States. We make no representation or warranty that all of the features of the Sites will be available to you outside of the United States, or that the Sites are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use the Sites from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

General

These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

Contacting Us

If there are any questions regarding these Terms of Use, please click here to contact us or you may contact us using the information below:

IDStrong.com
InfoPay, Inc.
227 Lewis Wharf
Boston, MA 02110