Terms And Conditions
1. Your Use of the Web Portal, Mobile Application, Services, and Products
By enrolling, accessing, and/or using the products and/or services (“Services”) offered by Kroll Information Assurance, LLC. (“Kroll,” “we,” “you,” “our,” or “us”) and this web portal (the “Portal”) and/or through the KROLL mobile software application that we license to you (the "Mobile Application"). The Website and the Mobile application are collectively referred to herein as the “Platform.” you represent that you are over eighteen (18) years of age, and acknowledge that you have read, understood, and agreed to the terms herein (“Agreement”), and will follow all applicable laws and regulations.
2. Privacy and Information Sharing
3. END USER - License to Use the Mobile Application.
Subject to the terms and conditions set forth herein, Kroll hereby grants you (the “End User”) a limited, non-exclusive, non-transferable license to download and install a copy of the Mobile Application to a device that you own or control and to run such copy of the Mobile Application solely for your own personal use. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple Store Application”), you will use the AppleMobile Applicationonly: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the AppleMobile ApplicationStore Terms of Service. We reserve all rights in and to theMobile Applicationnot expressly granted to you under these Terms.
4. Payment and Billing (This section ONLY applies if you pay for the Services yourself)
A. Authorization for Credit Card Charges (as applicable)
1. The credit card which you provided upon enrollment will be charged by us for your required payments on a periodic basis, whether monthly or annually (as determined by you when you enrolled).
2. If your credit card expires at any point after enrollment, then we may request and obtain your new credit card information to keep your account current.
3. Kroll is not responsible for any overdraft/overthelimit charges or bank fees triggered by your order being processed or billed.
B. Automatic Renewal of Subscription (“Auto-Renewal”)
1. After your initial subscription period expires, your subscription will be automatically renewed for an additional subscription period, and your credit card will be charged, unless you notify us otherwise prior to the expiration of your subscription period to cancel your subscription.
1. Cancellation of annual subscription commitment:
i. Fees for an annual subscription commitment are nonrefundable (except where prohibited by law).
ii. Upon cancellation, your account will be inactivated at the end of the applicable subscription period and you will no longer be able to log into our Portal and/or have access to the Services.
2. Cancellation of monthly subscription commitment:
i. Fees for a monthly subscription commitment are nonrefundable (except where prohibited by law).No refunds will be issued for the remainder of the month, no matter on which day you cancel.
ii. Upon cancellation, your account will be inactivated as of the last date prior to the next billing period, and you will no longer be able to log into our Portal and/or have access to the Services.
5. Disclaimer of Warranties
A. Some jurisdictions either do not allow or place restrictions in certain types of agreements upon the exclusion or limitation of warranties, conditions, liability for loss or damage.only the limitations and exclusions which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
B. Our Portal, including all content, memberships, products and services made available on or accessed through this Portal (collectively, “Portal Services”), is provided to you “As Is”.To the extent permissible under applicable law, Kroll and its officers, directors, employees, and agents, subsidiaries, affiliates, contractors, third party data sources and suppliers (“Representatives”) disclaim all express and implied warranties, including those of title, merchantability, and fitness for a particular purpose, non-infringement, and informational content.
C. you agree that you will access and use our Portal and Portal Services solely at your own risk.
A. You agree to indemnify, defend, and hold harmless Kroll and its representatives (collectively, the “Indemnified Party,”) from and against all third party claims, losses, expenses, damages and costs, including reasonable attorney’s fees, arising out of, in connection with, or resulting from (i) your use of the Portal, the Portal Services, or the Services; (ii) from any violation of the terms of this Agreement by you or caused by you; or (iii) your violation of applicable laws, rules or regulations.
B. If the Indemnified Party is subject to any claim for which the Indemnified Party may be indemnified by you, the Indemnified Party may, at your expense, assume the exclusive defense and control of any such claim, and you will not settle any claim without the Indemnified Party’s prior written consent.
7. Limitation of Liability
A. except as otherwise specified, you expressly understand and agree that Kroll and its representatives shall not be liable to you for:
any incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to any loss of profit (directly or indirectly), any loss of goodwill, any loss of data suffered, cost of procurement or substitute goods or services, or other intangible loss.
B. The limitations of our liability to you shall apply whether or not we have been advised or should have been aware of the possibility of any such losses arising.
C. you agree that, to the extent permitted by law, Kroll’s total liability to you (and any of your minor children) for any or all of your losses or injuries (or those of your minor children) from Kroll’s or its agents’ or its representatives’ acts or omissions, regardless of the nature of the legal or equitable claim, shall not exceed $2,500 (twenty-five hundred dollars) in the aggregate.
8. “Written Instructions” and Provision of Personal Information
A. “Written Instructions”
B. Provision of Personal Information
While enrolling for the Services, we may ask you for the following types of information: name, address, phone number, and e-mail address; date of birth, driver's license number and social security number; and other personal information to verify your identity and financial information (such as credit card number). This information may be required in order to verify your identity and 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, payment validation companies, law enforcement agencies, or others).
9. Fair Credit Reporting Act (“FCRA”)
FCRA allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Platform are not intended to constitute the disclosure of information by a credit reporting agency as required by FCRA or similar laws.
Under FCRA, you are entitled to obtain an annual free disclosure of your credit report from each of the national credit reporting agencies. To request your free annual report under FCRA, you must complete an online form, available at http://www.annualcreditreport.com. You may also call a toll-free number at (877) 322-8228, or submit an annual credit report request form via mail (the form is available at http://www.annualcreditreport.com).
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
• you have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days, based on information in a credit report provided by such agency.
• you have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days, based on information in a credit report provided by such agency.
• you certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
• you certify in writing that you are a recipient of public welfare assistance.
• you certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
FCRA provides that you may dispute inaccurate or incomplete information in your credit report. You are not required to purchase your credit report from any of the credit bureaus in order to dispute inaccurate or incomplete information in your report or to receive a copy of your report from Equifax, Experian or TransUnion (the three (3) national credit reporting agencies), or from any other credit reporting agency, based on the above-described circumstances.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact those entities directly.
10. Applicable Law and Jurisdiction; Jury Waiver; Class Action Waiver
A. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Tennessee, regardless of Tennessee conflict of laws.
B. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Davidson County, Tennessee for any dispute or litigation arising out of, relating to, or the use or purchase of Services from Kroll via this Platform.
C. Jury Waiver.
i. You and Kroll agree that, to the fullest extent permitted by law, you and Kroll knowingly, voluntarily, and intentionally waive the right to a trial by jury in any action or other legal proceeding arising out of or relating to the Agreement, the PLATFORM or the Services. The foregoing waiver applies to any action or legal proceeding, whether sounding in contract, tort or otherwise. You also agree not to include any employee of Kroll as a party in any such action or proceeding.
D. Class Action Waiver. You and Kroll knowingly, voluntarily, and intentionally agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
11. Your Passwords and Account Security; Online Access
A. Password and Account Security: Failure to comply with the below requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your account and your right to use the Platform.
You understand that you are responsible for, and agree to:
i. be solely responsible to Krollfor all activities that occur under your account; and
ii. notify Kroll immediately if you become aware of any unauthorized use or disclosure, loss, or theft of your password or of your account.
B. Online access
i. If you choose to sign up for the Services online, then you agree that you will not receive any communications or Services via postal mail.
ii. Online access to consumer credit report information is subject to verification of the identity of the user.
12. Termination of Relationship
A. Termination by You. If you want to terminate your legal agreement with us, you may do so, for any reason, at any time, by cancelling your subscription(s) and/or closing your account(s).
B. Termination by Kroll.
1. For Cause:
a. We may terminate the Agreement if you have breached the Agreement or if you commit (or cause to be committed) negligence, fraud, willful misconduct or unlawful conduct arising from, in connection with or related to use of Kroll’s Services or Platform.
b. If Kroll terminates the Agreement with you for cause, you will forfeit the remainder of your subscription.
2. For Convenience: We may terminate the Agreement for convenience, for any reason permitted by law.In such case, Kroll will provide written notice of such termination, upon ninety (90) days’ prior written notice, where practicable.
C. Effect of Termination.Provisions of the Agreement which by their nature are intended to survive termination of the Agreement shall survive termination of the Agreement.
A. No waiver of any breach of any provision of this Agreement or of any agreement with us will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of this Agreement or of any other agreement between you and us to be invalid or unenforceable, such findings will have no effect on any other part or provision of this Agreement or any other agreement between you and us.
B. We are not responsible for delay or failure to perform due to causes beyond our reasonable control.
D. 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 reasonably believe is your address. If you wish to update your registration information, please log in to your account and update your information.
E. When you provide us with comments, suggestions, or ideas (collectively, "Feedback"), such Feedback is not considered confidential and becomes the property of Kroll. We are not obligated to you for any reason if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.
F. We are not a credit repair organization or similarly regulated organization under other applicable laws, and do not provide credit repair advice.
G. Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
Effective Date: August 30, 2017