Terms of Service Agreement
Last Updated: October 17, 2022
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE SECTION 11 ARBITRATION AND WAIVER OF CLASS ACTION SECTION BELOW. PLEASE READ CAREFULLY.
YOU ACKNOWLEDGE AND AGREE THAT IDIQ IS NOT A CREDIT REPAIR ORGANIZATION, CREDIT REPORTING AGENCY, CONSUMER REPORTING AGENCY, AND THAT WE DO NOT OFFER CREDIT REPAIR SERVICES OR PRODUCTS.
You agree to be bound by these Terms and enter into the Agreement by either: (1) enrolling for Services; (2) using any Services available on any IDIQ website, including the website itself; or (3) by clicking “I Agree” or otherwise electronically agreeing to be bound. We recommend you print or save a copy of all these Terms for your records.
1. About these Terms
1.1 Scope. These Terms govern: (a) your access to and use of the Service Plans and Features (defined in Section 2.1) we provide through or for our websites; (b) your access to and use our websites, including but not limited to IDIQ.com, IdentityIQ.com, MyScoreIQ.com, Resident-Link.com, DataBreachIQ.com, RoadsideIQ.com, Creditreportiq.com, Creditscoreiq.com, GetIQReportNow.com, IDIQPartners.com, IDIQSales.com, TryIdentityIQ.com, 3ScoresPlusMore.com, CreditScoreHero.com, GetMy3Scores.com, My3Scores.co, RocketCreditScores.com, MyRocketCreditScores.com, SkyRocketCreditScores.com, SeeMyScoreandMore.com, ScoreSafety.com, Accredian.co, and creditanddebt.org, as well as through certain downloadable mobile applications (each a “Site” and collectively, our “Sites”); and (c) your communications, exchanges, or other interactions with IDIQ (collectively, our “Services”). For more information about what our Offerings include, please see Section 2.1.
1.2 Revisions to Terms. IDIQ may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Offerings thereafter. However, any changes to the dispute resolution provisions set out in the Section 11 will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Your continued use of our Offerings following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access our Sites so you are aware of any changes, as they are binding on you.
2. Use of Our Offerings
2.2 Eligibility. You may use our Offerings only if you can form a binding contract with IDIQ, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. In addition, you must be eighteen (18) years of age or older and legally authorized to accept and be bound to our Agreement, and in good standing with IDIQ. By using our Offerings, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into our Agreement.
2.3 Access to Services. You are responsible for making all arrangements necessary for you to have access to our Offerings and ensuring that all persons who access our Offerings through your internet connection are aware of these Terms and comply with them. We will not be liable if for any reason all or any part of our Offerings are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Offerings to users.
2.5 License to Use our Offerings. Subject to the terms and conditions of this Agreement and your enrollment in the applicable Service Plans, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use our Offerings. IDIQ reserves all rights not expressly granted herein in our Offerings and the IDIQ Intellectual Property (See Section 7, below). IDIQ may terminate this license at any time for any reason or no reason.
2.6 General Representation and Warranty. You represent and warrant that your use of our Offerings: (a) will be only for lawful purposes and in accordance with this Agreement; (b) will not violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (c) will not be to impersonate or attempt to impersonate IDIQ, an IDIQ employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (d) will not restrict or inhibit anyone’s use or enjoyment of our Offerings, or which, as determined by us, may harm IDIQ or users of our Offerings or expose them to liability; (e) will not be in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Offerings, including introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (f) will not infringe or misappropriate the intellectual property rights of IDIQ or any third party; (g) will not disclose the personal information of others; (h) will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for our software or any related technology that is not open source; and (i) will not involve renting, leasing, loaning, selling, or reselling our Offerings or related data without our consent.
3. Accounts and Enrollment.
3.1 Creating a User Account. In order to gain access and utilize certain features of our Offerings, including our Service Plans, you are required to create an account with IDIQ (“User Account”); and, in some cases, to enroll in one or more Service Plans or agree to purchase a service offering from IDIQ. To create a User Account, you must, in addition to our other Eligibility Requirements, have a valid U.S. Social Security Number. IDIQ offers online enrollment and phone-assisted enrollment with one of our customer service representatives.
3.2 Account Security. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session (regardless of whether automatic log-out features are implemented for your User Account). You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. If we believe your account has been compromised, we may suspend or disable it.
3.3 Service Plans Subscriptions. Enrollment in our Service Plans may require you to provide personal information about yourself, and by providing us that personal information you represent and warrant that such information is accurate and complete. If you are purchasing a Business Credit Plan (See Section 4.13, below), then you further agree that you are an owner or person authorized by your employer or company to access a company credit report. If you are subscribing to a Service Plan or Feature on behalf of a minor child, you represent and warrant that you are the parent or legal guardian with the authority to obtain our Service on behalf of the minor child. YOU UNDERSTAND THAT IT MAY BE A VIOLATION OF LOCAL, STATE AND FEDERAL LAW FOR YOU TO OBTAIN A CREDIT REPORT FOR ANYONE OTHER THAN YOURSELF OR A BUSINESS WHERE YOU ARE THE OWNER OR AUTHORIZED PERSON. ANY PERSON USING DECEPTION TO KNOWINGLY AND WILLFULLY OBTAIN A CONSUMER OR BUSINESS CREDIT REPORT, SCORE, OR CREDIT SERVICES MAY FACE CRIMINAL PROSECUTION.
3.4 Group Enrollment. If you are a member of a union, association, national organization, or an employer who has entered into an agreement with IDIQ (“Group Customer”) to provide a group benefit (“Group Benefit”). Group Customers represent and warrant that: (i) Group Customer has obtained the required Consumer Instructions from each group member submitted to IDIQ for purposes of identification verification and enrollment into the applicable IDIQ Services; (ii) to the best of Group Customer’s knowledge, each group member submitted to IDIQ for purposes of identification verification and enrollment into any of IDIQ’s services is who they represent themselves to be; (iii) Group Customer has a process which complies with all applicable law with respect to the identification and or validation of the identity of such group members, and (iv) prior to submitting any group member information to IDIQ for purposes of identification verification and enrollment into any of IDIQ’s services, Group Customer has received the necessary acceptable documents from such group member and verified the group member’s identity pursuant to a reputable and legally adequate verification process and/or as otherwise required by local, state, or federal law or regulation.
3.5 Identity Verification. To ensure the security of our Offerings, to comply with the law, and to protect the privacy and security of our customers information, we take steps to validate your identity before you are permitted to access and use certain parts of our Offerings. You authorize us to collect, process, and share your personal information as we deem necessary to validate your identity. We reserve the right to deny access to and/or refuse to provide our Offerings if you fail to provide information necessary to validate your identity.
4. Service Plans and Features
The following terms and conditions apply to use of certain Service Plans and Features. In the event of a conflict or inconsistency between the terms of this Section 4 and any other term in this Agreement, the terms of this Section 4 shall control.
4.1 General Disclaimer and Acknowledgement.
- Disclaimer of Services. IDIQ is not a credit reporting agency, credit repair organization, credit repair company, credit repair service provider, broker or advisor. We do not provide legal, tax, financial, or credit management advice. The information or products we provide are not intended as such advice. We do not represent, and specifically disclaim, that the information we provide will actually or potentially improve or repair your credit profile or credit score. We advise you to seek the services of a competent and professionally licensed provider in connection with credit repair or credit improvement assistance.
- Plan Features. Service Plans are offered on a package basis and some Features within a Service Plan may not be appropriate or offered for all users. While users are not required to utilize every Feature available in a Service Plan, the decision to use or not use a Feature will not impact the price for the Service Plan.
- Utilization of Third-Party Providers. Some Features are provided by third-party providers. If you elect to use third-party provided Feature, you understand that IDIQ is not responsible for how such provider protects your personal information. IDIQ is not responsible for the information processing activities by third parties, including their efforts to protect and secure your personal information. For absolute clarity, once you release your personal information to a third party, there are no controls, security or protections that IDIQ controls with that third party, and you will need to assure yourself that such third party will handle your Information properly as you desire. To that extent, the use of this Feature and the sharing of your Information is completely at your risk. Additional terms may apply to your enrollment in any third-party provided service.
4.2 Credit Services Generally. Credit Services may include, among other things, the ability to (i) access your credit report(s) from one or more credit bureaus, (ii) obtain Credit Scores (defined below) derived from your credit report data, (iii) obtain monitoring of selected credit data from your credit report and (iv) receive alerts regarding your credit information. Your enrollment in a Service Plan with Credit Services is dependent on the applicable credit bureau’s ability to find your credit data in their records using the personal information you provide to IDIQ and successfully authenticating your identity during enrollment. If the applicable credit bureau(s) cannot find some or all your credit data, then the Credit Services may be incomplete or, in some cases, not available. THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. You have the right to a free credit report from AnnualCreditReort.com or 877-322-8228, the only authorized source under federal law. Take me to the authorized source.
4.4 Credit Scores. Credit Services may include access to your personal credit score(s) or for our business service plans, your business credit score(s) from a third-party provider such as FICO®, VantageScore® or others (each, a “Credit Score Provider”). Credit scores are available in the marketplace using many types of mathematical models. These models generally calculate a score based on information found in your personal credit report data file or for our business credit plans, your business credit report file at the date and time the report data is accessed (a “Credit Score”). IDIQ does not have its own model to determine your Credit Score, but, rather, obtains your Credit Score from Credit Score Providers. Each Credit Score Provider has its own proprietary model(s) for calculating your Credit Score and thus Credit Scores may differ based on the model(s) used. More information about the Credit Score Providers and your Credit Scores available in IDIQ’s Credit Services (such as FICO®, or VantageScore ®) can be found on our Site(s). When you use Offerings to access your Credit Score(s), you agree and understand that; (i) your Credit Scores may be stored and accessible for a limited time, (ii) your Credit Scores may not be available to you after you cancel your Subscription, and (iii) IDIQ is not responsible for the information, accuracy or content used to create your Credit Score.
4.5 Credit Monitoring. The Credit Monitoring feature generally monitors a subscriber’s credit bureau data files for key changes and alerts the subscriber to those changes. In some cases, you may need to manually activate this feature. If a monitored event occurs, IDIQ will attempt to electronically alert you by email and/or text. A more detailed report associated with the Credit Monitoring alert may be available in your User Account. By agreeing to these Terms, you acknowledge that not all changes will be monitored including some that may involve the potential for fraudulent use of your identity or credit. The type of Credit Monitoring we provide to you may change from time to time.
4.6 Credit Score Simulations. Credit Score Credit Score Simulations are hypothetical; they do not predict or guarantee that your actual score will rise or drop to the simulated score, nor do they guarantee that you will be approved or rejected for credit by any financial institution. Actual results may differ. Entering data into the simulator does not affect your actual credit score.
4.7 Other Self-Help Features and Simulators. We make available certain interactive self-help tools (“Tools”) in some Service Plans, including, for example, “IQAlerts”, “Synthetic ID Theft”, “ScoreTracker”, and “ScoreCasterIQ™”. These Tools are provided by third parties not affiliated with IDIQ. The information displayed from these Tools is based on point-in-time data and may not necessarily be representative of recent occurrences such as bankruptcy, foreclosure, late payments, new accounts or other matters which may potentially impact your Credit Score and the accuracy or outcome of Tools. Nor do these Tools consider your unique personal financial situation. All Tools results project hypothetical outcomes and do not predict, forecast, or guarantee any outcome.
4.8 Identity Protection Monitoring. Identify Protection Services may include one or more types of identity protection monitoring (“Protection Monitoring”). Depending on your Service Plan’s Features such Protection Monitoring may include monitoring of criminal records, dark web, social security number, change of address loan applications or other activities tied to your personal information that could signal a possibility of credit fraud or identity theft. In some cases, you may need to manually activate your Protection Monitoring Services. Protection Monitoring may be provided to you through third party providers. If a monitored event occurs, we will attempt to electronically alert you by email and/or text. A more detailed report associated with the alert may be available in your User Account. Notwithstanding any Protection Monitoring, by agreeing to these Service Terms, you acknowledge that IDIQ cannot monitor for all the possible ways your identity could be breached, and that Protection Monitoring cannot identify all the potential ways that your identity or credit could be fraudulently accessed or used. You further agree and acknowledge that the type(s) of Protection Monitoring we provide to you may change from time to time.
4.9 Identity Protection Insurance. Identity Protection Insurance covers for certain losses in accordance with the identity theft insurance coverage you purchase as part of a Service Plan. Not all Service Plans contain Identity Protection Insurance. The Insurance may also extend this coverage to some of your immediate family members up the limit of the coverage. You may be able to add family members beyond the insurance limit at an additional cost. Identity theft insurance is provided solely through a licensed third-party insurer. All insurance service claims, and specific insurance customer service will be provided through the third-party insurance provider. To file a claim, contact IDIQ customer service at the number provided on the applicable Site where you maintain your User Account. The customer service agent will provide you with contact information to the third-party insurance provider where you can file your claim. If your Plan includes identity theft insurance, you agree to such insurance coverage and that the premium for such insurance coverage will be paid by us on your behalf. You agree to receive notices of insurance changes electronically.
4.10 Identity Restoration Service Assistance. Your Service Plan may include access to an IDIQ Identity Theft Restoration Specialist and/or for a business credit plan a third-party business identity theft restoration specialist such as Experian® (“Identity Restoration Specialist”). The Identity Theft Restoration Specialist is available to answer questions about identity theft monitoring alerts and questions about handling identity theft events within the limits of the Service Plan you purchased. In some cases, your Service Plan may offer the option for you to provide IDIQ with a Limited Power of Attorney (“LPOA”) to authorize and permit IDIQ and your assigned Identity Restoration Specialist to execute routine related identity restoration tasks that may be associated with an identity theft event (“Event”) such as contacting your creditors, providing notification of your Event or requesting the issuance of a new credit card to you. If your Service Plan includes Services pursuant to an LPOA you will be required to enter into other agreements in connection with the LPOA and its uses. Creditors, banks and other entities we attempt to contact in pursuant to an LPOA on your behalf may have their own policy and may not recognize or accept the LPOA. In such cases, IDIQ will be unable to perform any LPOA related Services on your behalf with such third party. YOU ARE NOT REQUIRED TO UTILIZE AN LPOA AS PART OF OUR IDENTITY RESTORATION SERVICES. See the LPOA agreement for further details, disclosures, and instructions as available.
4.11 Bitdefender® Cybersecurity. Bitdefender is a software security which, if included in your Service Plan may include anti-virus software, internet security software, endpoint security software, and other cybersecurity products and services. To access, download and use this Feature, you will be required to agree to a separate “end user license agreement”. If you do not agree to end user license agreement, you will not be able to use this Feature.
4.12 Data Breach Services. Some benefits afforded under our DataBreachIQ Service Plans, including security awareness training, cyber security coverage, notification services, call-center services, and contracted services, are provided by third parties. Insurance is provided solely through a licensed third-party insurer. All insurance service claims, and specific insurance customer service will be provided through the third-party insurance provider.
4.13 Business Credit Plans. For members who own a business, IDIQ may make available one or more business credit related features within your personal active IDIQ Service Plan. The Business Credit Plan may consist of but is not limited to business credit reports from one or more sources, business credit scores from or more sources, business credit monitoring and more. Features commonly available in non-business plans may not be available or may not apply to Business Credit Plans. Businesses do not have the same rights as individuals under the Fair Credit Reporting Act.
4.14 Family Protection & Children’s Services. Features which provide services for children under the age of eighteen (“Children’s Features”) require enrollment by the Minor’s parent or legal guardian. Minors are not permitted to enroll in, subscribe to, or otherwise use any of IDIQ’s Offerings. To enroll in Children’s Features and receive details on a child’s information, the legal guardian must provide guardianship. Passing the one-time guardianship process is contingent on the guardian supplying a federal or court produced document proving such relationship. The legal guardian will receive an active child’s reports, alerts and notifications. A child is no longer considered a minor when the child reaches his/her eighteenth (18th) birthday and is no longer eligible for monitoring services provided by IDIQ.
4.15 Third-Party Account Information. IDIQ partners with third-party companies to allow you to import your account information so that we may report your rental and/or utility payments to a credit reporting agency(ies) or to allow you to track your third-party financial accounts on a Site. You understand and agree that if you participate, IDIQ may share the information that you provide including, but not limited to, your full name, birth date, address, telephone number, and social security number with our partners so that they may provide us with your accounts and financial information needed to report your payments to a credit reporting agency(ies) or to provide access to your third-party financial accounts. Further, to use some of the Services and/or Offerings, you may need to provide information such as credit card numbers, bank account numbers, and other sensitive financial information to third parties. By using the Services and/or Offerings, you agreed that IDIQ may collect, store, and transfer such information on your behalf and at your sole request. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. IDIQ has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third-party services are not under IDIQ’s control and that IDIQ is not responsible for any third party’s use of your information.
5. Fees and Payment
5.1 Fees for Paid Services. Some of our Offerings, including enrolling in our Service Plans, require the payment of a fee (“Paid Services”) billed in advance on a recurring, periodic basis (“Subscriptions”) or an up-front payment on a one-time basis. Subscriptions are billed typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle. IDIQ reserves the right to change its fees for Paid Services from time to time as permitted by law. Current fee information for Paid Services can be found on the applicable Sites where the Paid Services are offered. In addition to posting on the Sites, you will be notified prior to any fee increase for a Subscription. Prior to imposition of any fee increase on a Subscription you will have up to sixty (60) days elect to either downgrade your Service Plan or cancel your Subscription.
5.2 Payment Information & Taxes. All information that you provide in connection with a purchase or monetary transaction interaction with IDIQ must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or monetary transaction interaction with us at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
5.3 Automatic Renewal. To ensure uninterrupted service, recurring Subscriptions are automatically renewed. This means that unless you cancel a Subscription before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any taxes. If you’ve purchased access to multiple services, you may have multiple renewal dates. By default, your Subscriptions will be renewed for the same interval as your original subscription period (for example, a 12-month subscription will be renewed for an additional 12 months). The date for the automatic renewal is based on the date of the original purchase and cannot be changed. You can manage your Subscriptions (including automatic renewal settings) for Paid Services by visiting your User Account settings or contacting IDIQ customer service.
5.4 Cancelling Automatic Renewal. When available, you can manage and cancel your Subscription through your User Account. You may also manage and cancel your Subscription by contacting our customer service representatives. Please be sure to log into the User Account or contact the customer service phone number for the Site associated with your Subscription. If eligible to cancel a Subscription online, go to your User Account settings on the Site associated with the applicable Subscription, click on the Subscription you want to cancel, then follow the instructions to cancel the Subscription or turn off auto-renew. If auto-renew is successfully turned off, you’ll see the date on which your subscription expires. If you have multiple Subscriptions to cancel, repeat this process for each Subscription.
5.5 Billing. If you elect to use Paid Services, you agree to the pricing and payment listed for the Service Plan or Feature which we may update from time to time. IDIQ may add new services for additional fees and charges, or amend fees and charges for existing Offerings, at any time in its sole discretion, however any price changes or changes to your Subscriptions will apply no earlier than 30 days following notice to you.
5.6 Cancellation. You may cancel your Paid Services at any time using any of the following methods by (a) contacting IDIQ’s customer service by phone during regular business hours using the phone number published in the applicable Paid Service; or (b) when available, click the “cancel button” found in your User Account. Cancellation via phone may require us to verify your identity. Once your Paid Service has been cancelled, some Features associated with the cancelled Service Plan, such as identity protection monitoring, credit monitoring and credit reports, will immediately be discontinued. You may in some cases still have access to login to the User Account to use certain no cost Features or to make future purchases. PLEASE NOTE, CANCELLATION OF A SERVICE PLAN DOES NOT CANCEL YOUR WRITTEN FCRA AUTHORIZATION FOR IDIQ TO CONTINUE TO ACCESS YOUR CREDIT INFORMATION IN ACCORDANCE WITH THESE SERVICE TERMS. Accordingly, we may, at our sole discretion, continue to monitor your credit (at no additional fee to you) and we may alert you if a suspicious event occurs and/or notify you of special offers and opportunities that may be of interest to you arising from such credit monitoring.
5.7 No Refunds. You may cancel your IDIQ account at any time; however, there are no refunds for cancellation. If IDIQ suspends or terminates your account or our Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a Subscription, any Subscription fees or one-time fees paid for any portion of the Offerings, any content or data associated with your account, or for anything else.
5.8 Free Trials. IDIQ offers free trials for certain Paid Services. IDIQ reserves the right to set eligibility requirements for free trials. At the end of your free trial period, we will charge the applicable subscription fee for the next billing cycle to your nominated payment method, unless you cancel prior to the end of the trial period.
5.9 Group/Employee Discount Plans. In some cases, Paid Services may be paid directly by your Group or employer. Your Group or employer may be responsible to collect Fees from you, if applicable. In the case where your Group or employer do not pay for your Services, your Service Plan could be affected. IDIQ may suspend any User Account for unpaid Group or Employer Discount plans.
6.1 IDIQ Communications. To deliver our Offerings to you, IDIQ and our contractors and/or authorized third parties (including identity theft reporting service providers) may need to communicate with you in a variety of ways, including telephone, text, email, and postal mail (“IDIQ Communications”). For telephonic or text message communications, we may use an automated telephone dialing system. For the avoidance of doubt, IDIQ Communications are considered part of our Offerings. You agree to maintain your current contact information in your account by making the appropriate changes in the settings or by calling IDIQ customer service. By providing your cell phone number and other contact information to IDIQ, you expressly authorize such IDIQ Communications using the methods described above. You may have the ability to control the frequency of non-essential IDIQ Communications via your account settings or by calling IDIQ customer service. You acknowledge and agree that IDIQ has no liability to you for the following: (i) outdated or inaccurate contact information associated with you or your account; (ii) the failure of any third-party communication to convey or transmit IDIQ Communications; (iii) third-party party charges incurred by you (including text messaging fees, data, mobile, or landline phone plans) that are associated with IDIQ Communications.
6.2 Delay or Failure of IDIQ Communications. IDIQ does not maintain complete control over the transmission of IDIQ Communications, and they may be delayed, terminated, or fail for a variety of reasons. IDIQ shall not be liable for the delay, failure, or mis-delivery of any IDIQ Communication. Moreover, IDIQ shall not be liable for any mistakes, error, or inaccuracies contained in any IDIQ Communications or for actions taken or not taken by you or any third party in reliance on an IDIQ Communication.
6.3 Telephone Call Recordings. If you contact us via telephone, we may record phone calls for quality assurance and fraud prevention purposes. You agree that IDIQ may monitor and record telephone and electronic communications in connection with our Offerings at any time, without further notice to you or any party to the communication.
7. Ownership and Infringement
7.1 IDIQ Intellectual Property. IDIQ and its licensees retain all rights, title, and interest in and to our Sites and our Offerings, including all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, and any derivations thereof, are owned by and/or licensed to IDIQ. Other trademarks, service marks, graphics, and logos used in connection with our Offerings may be the trademarks of other third parties. Using our Offerings doesn’t grant you any right or license to reproduce or otherwise use any IDIQ or third-party trademarks.
7.2 Feedback. If you provide IDIQ with any kind of feedback, suggestions, or comments (“Suggestions”) relating to the IDIQ Services (including the improvement of our Offerings and/or additions to our Offerings), if such Suggestions are, or may be subject to any intellectual property rights, such Suggestions shall be exclusively owned by IDIQ. By providing such Suggestion to IDIQ, you agree and acknowledge that IDIQ may use the suggestion to: (a) implement new features or customize and improve the IDIQ Services, (b) provide ongoing assistance and technical support, (c) contact you regarding the Suggestions. Additionally, you represent and warrant that such feedback is accurate, and irrevocably assign to IDIQ any right, title, and interest you may have in such Suggestions and explicitly, and you irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Suggestions.
8. Mobile App Terms and License
THE IDIQ SERVICES ARE PROVIDED “AS IS” AND IDIQ EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY AND ACCURACY. WITHOUT LIMITING ANY OF THE FOREGOING, IDIQ DOES NOT WARRANT: (a) THAT THE IDIQ SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (b) THAT THE IDIQ SERVICES WILL MEET YOUR REQUIREMENTS; (c) AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE IDIQ SERVICES; (d) THAT ANY INFORMATION PROVIDED THROUGH THE IDIQ SERVICES IS ACCURATE OR COMPLETE; (e) THAT THE IDIQ SERVICES WILL ALWAYS BE AVAILABLE; OR (f) THAT ANY RESULTS MAY BE OBTAINED FROM USE OF THE IDIQ SERVICES. THE IDIQ SERVICES MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS.
IN ADDITION, YOU ACKNOWLEDGE THAT IDIQ DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE IDIQ SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. IDIQ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. IDIQ IS NOT RESPONSIBLE OR LIABLE FOR ANY LOST OR INACCURATE DATA. IDIQ IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY PRODUCTS, DOES NOT GUARANTEE THE CONTINUED AVAILABILITY THEREOF OR ANY INTEGRATION THEREWITH, AND MAY CEASE MAKING ANY SUCH INTEGRATION AVAILABLE IN ITS DISCRETION.
10. Limitation of Liability
IN NO EVENT SHALL IDENTITY INTELLIGENCE GROUP, LLC® DBA IDIQ® ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND DIVISIONS (collectively, the “IDIQ ENTITIES”) BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, REPUTATIONAL HARM, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF SUCH DAMAGES IN ADVANCE.
THE IDIQ ENTITIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL NOT EXCEED $100. THIS LIMIT OF LIABILITY IS EXCLUSIVE AS TO ALL REMEDIES AND THE LIABILITY CAP SHALL NOT BE COMBINED WITH ANY OTHER LIMITS OF LIABILITY SO AS TO INCREASE THE CAP VALUE IN ANY INSTANCE OR SERIES OF INSTANCES. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, THE IDIQ ENTITIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.
You agree to defend, indemnify and hold harmless the IDIQ Entities and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Offerings, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (d) your violation of any applicable law, rule, or regulation; (e) any claim for damages that arise as a result of any of your Content; or (f) any other party’s access and use of our Offerings with your unique username, password, or other appropriate security code.
12. Dispute Resolution & Arbitration
12.1 Governing Law. These Terms and the Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions.
43454 Business Park Drive, Temecula CA 92590
Notice should include both the mailing address and email address you would like IDIQ to use to contact you. Notice should describe the nature and basis of the claim or dispute and set forth the specific amount of damages or other relief sought.
12.3 Binding Arbitration.
- If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision set forth in Section 11.2, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to our Agreement (including their formation, performance, and breach), the parties’ relationship with each other and/or use of the IDIQ Services shall be finally settled by binding arbitration administered by the JAMS Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, as appropriate (the “JAMS rules”). The JAMS Rules and Forms are available online at www.jamsadr.com
- Except as set forth in Section 11.6, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of our Agreement, including, but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be in writing and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
- Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. You are required to pay JAMS’ initial filing fee, but IDIQ will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeded the fee for filing a complaint in a federal or state court in your county of residence or in Riverside County, CA. IDIQ will not seek to recover the administration and arbitrator fees we are responsible for paying under the JAMS Rules unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure).
- Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and the arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rules for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
- The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under the JAMS Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 12.3 while such challenge remains pending before AAA, the arbitrator, and/or a court of competent jurisdiction.
- The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
12.4 Location. Arbitration shall take place in Riverside County, California unless another location is mutually agreed to by the parties.
12.5 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND IDIQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
12.6 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (where “intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), except that the determination of the intellectual property rights in Feedback shall not be exempt from arbitration. Either party may also elect to have disputes or claims resolved in a small claims court for claims within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this Agreement.
12.7 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of its decision to opt-out to the following address: IDIQ, Attn: Human and Business Services, 43454 Business Park Drive, Temecula CA 92590. The notice must be sent within 30 days of your assent to these Terms. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, IDIQ also will not be bound by them.
12.8 Changes to this Section. IDIQ will provide 30 days’ notice of any changes to this Section 12; changes will become effective on the 30th day. If you continue to use the IDIQ Services after the 30th day, it agrees that any unfiled claims of which IDIQ does not have actual notice are subject to the revised clause.
12.9 Claims Outside of Arbitration. For any dispute not subject to arbitration, you and IDIQ agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Riverside County, California. You further agree to accept service of process by mail, and hereby waives all jurisdictional and venue defenses otherwise available.
13.1 Entire Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
13.2 Governing Law. Except as governed by the federal laws of the United States these our Agreement is governed by the laws of the State of California, excluding conflicts of law provisions.
13.3 Waiver. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
13.4 Assignment. You may not assign any rights or obligations it has under our Agreement without IDIQ’s prior written consent. These Terms are binding upon and inure to the benefit of the parties and their respective successors and assigns.
13.5 Severability. If any part or provision of these Terms is declared fully or partially invalid, unlawful or unenforceable by a court of competent jurisdiction, the remainder of the part or provision and the Terms will remain in full force and effect, if the essential terms and conditions of these Terms for each party remain valid, binding and enforceable.
13.6 Relationship of the Parties. These Terms will not establish any partnership, joint venture, employment, franchise, or agency relationship between you and IDIQ. Neither you nor IDIQ will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
13.7 Trade Restrictions. You must not access or use the IDIQ Services: (i) in or relating to any country or territory that is the subject or target of comprehensive trade or economic sanctions imposed by the U.S. government (“Sanctions”) (currently, Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, and the Donetsk People’s Republic or Luhansk People’s Republic); (ii) for the benefit or on behalf of any person listed in any Sanctions-related list of designated persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) or the U.S. Department of State (including OFAC’s List of Specially Designated Nationals and Blocked Persons), or any person owned 50 percent or more by such person; or (iii) otherwise in violation of any U.S. Sanction, embargo, prohibition or restriction. In addition, you must comply with all applicable laws and regulations governing the export, re-export and transfer of the IDIQ Services and you are responsible for obtaining any required export or import authorizations.
13.8 Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, pandemic, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
13.9 Notice Pursuant to the Fair Credit Reporting Act. The Fair Credit Reporting Act (“FCRA”) permits consumers to dispute inaccurate information in their credit report without charge. You do not have to purchase your credit report or other information from IDIQ to dispute inaccurate or incomplete information in your credit file maintained by Experian, Equifax, or TransUnion.
13.10 Additional Notice. Consumers residing in the states of Colorado, Maine, Maryland, Massachusetts, New Jersey, and Vermont may receive an additional free copy of their credit report once per year and residents of the state of Georgia may receive two (2) additional copies per year. For Illinois residents, credit reporting agencies are required by law to give you a copy of your credit record upon request at no charge or for a nominal fee.
13.11 Contacting IDIQ. You may contact IDIQ customer service during our regular business hours excluding certain common U.S. holidays by calling the toll-free phone number provided at the Member Site or by using the phone numbers or email address below:
Allow up to 36 business hours for email support replies. Provide your member number with your email message and send it to: [email protected]