Identity Theft Solutions.com Downloads
Welcome to IDENTITY THEFT SOLUTIONS.COM Downloads. These Terms of Service
are a legal agreement ("the Agreement") between you and IDENTITY THEFT
SOLUTIONS.COM, LLC ("IDENTITY THEFT SOLUTIONS.COM") stating the terms
that govern your use of IDENTITY THEFT SOLUTIONS.COM Downloads (the "Service").
Please read the entire Agreement carefully. You must accept and abide
by the terms of the Agreement as presented in order to use the Service.
Changes, additions, deletions or counteroffers will not be accepted.
IDENTITY THEFT SOLUTIONS.COM
may from time to time amend, supplement or modify the terms of this Agreement.
It is your responsibility to check these Terms of Service (available in
the Downloads Help section) periodically for changes. Your continued use
of the Service following the posting of changes will mean that you accept
and agree to the changes. If you do not agree to be bound by the Agreement
as amended, you must stop using the Service.
1. Terms of Use and Privacy Policys
Your use of the Service and purchases made through it are subject to the
provisions of this Agreement and of IDENTITY THEFT SOLUTIONS.COM's general
Terms of Use, which can be viewed by clicking. If you have not already
read the general Terms of Use you should do so now. The general Terms
of Use are incorporated into, and made a part of, this Agreement. By agreeing
to be bound by the terms of this Agreement, you also agree to be bound
by the general Terms of Use.
Except as otherwise
expressly provided for in this Agreement, the Service is subject to IDENTITY
THEFT SOLUTIONS.COM's Privacy Policy, which is incorporated into and made
a part of this Agreement. You may access the Privacy Policy by clicking.
If you have not already read the Privacy Policy, you should do so now.
Although IDENTITY THEFT SOLUTIONS.COM uses commercially reasonable efforts
to protect the security of your information, IDENTITY THEFT SOLUTIONS.COM
cannot guarantee that any information sent via the Internet will not be
read or intercepted by others, even if there is a special notice that
a particular transmission (for example, credit card information) is encrypted.
2. Your Information.
You agree to provide accurate, current, and complete information required
to register with the Service and at other times as may be required in
the course of using the Service ("Registration Data"). You further agree
to maintain and update your Registration Data as required to keep it accurate,
current, and complete. IDENTITY THEFT SOLUTIONS.COM may terminate your
right to use any or all of the Service if any information you provide
is false, inaccurate or incomplete as determined by IDENTITY THEFT SOLUTIONS.COM
in its sole discretion. You agree that IDENTITY THEFT SOLUTIONS.COM may
store and use the Registration Data you provide (including credit card
information) for use in providing the Service, including but not limited
to, maintaining and collecting your accounts and billing fees to your
credit card. IDENTITY THEFT SOLUTIONS.COM's use of your Registration Data
is subject to the terms of our Privacy Policy.
3. User Account and Service Security.
Account and Password. As a registered user
of the Service, you may receive or establish an account ("Account"). You
are solely responsible for maintaining the confidentiality and security
of your Account. You should not reveal your Account information to anyone
else, and must not use, or attempt to access or use anyone else's Account.
You are entirely responsible for all purchases and other activities that
occur on or through your Account, and you agree to immediately notify
IDENTITY THEFT SOLUTIONS.COM of any unauthorized use of your Account or
any other breach of security. IDENTITY THEFT SOLUTIONS.COM shall not be
responsible for any losses arising out of unauthorized use of your Account.
Security.
You understand that the Service, and products purchased through the Service,
such as images, video, artwork, text, software and other copyrightable
materials ("Products"), include a security framework using technology
that protects digital information and imposes usage rules established
by IDENTITY THEFT SOLUTIONS.COM and its licensors ("Usage Rules"). The
Usage Rules are part of this Agreement and may be directly accessed by
clicking here. You agree that your purchase
of Products constitutes your agreement to use such Products solely in
accordance with the Usage Rules, and that any other use of the Products
may result in civil or criminal liability. IDENTITY THEFT SOLUTIONS.COM
reserves the right to modify the Usage Rules at any time. Your compliance
with the Usage Rules may be monitored by IDENTITY THEFT SOLUTIONS.COM,
and IDENTITY THEFT SOLUTIONS.COM reserves the right to enforce the Usage
Rules with or without notice to you.
4. Technical Requirements.
You may have products shipped to an address different from the
billing address of your credit card. To protect the security of your
credit card, our staff may contact the card holder listed or the card
holder's bank to verify this is an approved purchase. If your order is
shipping to an address that is not the same as the billing address on your
credit card, you may be asked to list the alternate address with your
credit card company. Doing this in advance will speed up the processing of
your order. To place an alternate address on file with your credit card,
simply call the 800 number on the back of your credit card and ask the
agent to add the address to the notes on your account.
5. Usage Rules.
You are entitled to download, export, burn or copy Products solely for
personal, noncommercial use in accordance with the terms of this Agreement.
Any burning or exporting capabilities are solely an accommodation to you
and shall not constitute a grant or waiver of any rights of the copyright
owners in any Product or in any content, artwork or other copyrightable
matter embodied in any Product. No right, title or interest in any downloaded
Products or software is transferred to you as a result of any downloading
or copying or otherwise. IDENTITY THEFT SOLUTIONS.COM or its licensors
owns all rights in the Products and you have only a limited, nontransferable,
nonexclusive, revocable, nonsublicensable right to use the Products for
personal use in accordance with the terms of this Agreement.
You may not reproduce
(except as noted above), publish, transmit, distribute, display, broadcast,
re-broadcast, modify, create derivative works from, sell or participate
in any sale of or exploit in any way, in whole or in part, directly or
indirectly, any of the Products, the Service or any related software.
You may not reverse engineer, decompile, disassemble, modify or disable
any copy protection or use limitation systems associated with the Products.
You may not play and then re-digitize any Products, or upload those Products
to the Internet. You may not use the Products in conjunction with any
other third-party content (e.g, to provide sound for a film). You may
not sell or offer to sell the Products, including but not limited to,
posting any Product for auction, on any Internet auction site. All Products
are sublicensed to you and not sold, notwithstanding the use of the terms
"sell," "purchase," "order," or "buy" on the Service or in this Agreement.
You may download to
a single computer. You may then transfer files and a backup file. IDENTITY
THEFT SOLUTIONS.COM is a seller to you and accepts direct orders from
exporters, wholesalers, any businesses of any kind or other customers
who intend to resell.
WITHOUT LIMITING ANY
PROVISION HEREIN, IDENTITY THEFT SOLUTIONS.COM MAKES NO WARRANTY THAT
ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE
WITH THE SERVICE OR THAT ANY COMPACT DISC BURNED USING THE SERVICE WILL
FUNCTION IN ALL COMPACT DISC PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO
ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
The delivery of a
Product does not transfer to you any commercial or promotional use rights
in the Product.
Security Technology.
You acknowledge that Products contain security technology that limits
your use of Products in accordance with the Usage Rules. The security
technology is an inseparable part of the Products.
6. Order Acceptance Policy; Other Restrictions.
All Sales are final and all charges from those sales are nonrefundable,
except as otherwise set forth in this Agreement.
There may be certain
orders that we do not accept and/or must cancel. IDENTITY THEFT SOLUTIONS.COM's
Order Acceptance Policy is explained in our general Terms of Use, and
may be accessed by clicking.
In addition, the following restrictions apply to your purchase:
Age Requirement for use of the Service.
The Service is available only for individuals who are eighteen (18) years
of age. IDENTITY THEFT SOLUTIONS.COM is relying on your representation
that you are at least 18 years of age; IDENTITY THEFT SOLUTIONS.COM would
not enter this Agreement with you and would not allow you to access the
Service but for your representation that you are at least 18 years of
age.
Territory.
Purchases from Identity Theft Solutions.com Downloads are available only
in the United States and are not available in any other location. You
agree not to use or attempt to use the service from outside of the available
territory. IDENTITY THEFT SOLUTIONS.COM may use technologies to verify
your compliance. You agree to abide by United Sates and other applicable
export control laws and not to transfer, by electronic transmission or
otherwise, any content or software subject to restrictions under such
laws to a national destination or person prohibited under such laws.
Use on a computers.
You may download to a single computer. You may then transfer files and
backup files.
Download within 30 days.
You must download the Product within 90 days of purchase. After 30 days,
the Product will no longer be available for you to download. There is
no refund for Products that are not downloaded within 30 days.
APO/FPO military addresses:
We ship to APO/FPO military addresses. However, not all
items can be shipped to APO/FPO addresses. When shipping to an APO/FPO address, delivery may take
3 to 6 weeks. Further restrictions on item type, size and weight may exist
in the country in which the APO/FPO address is located. Some merchandise
may not be deliverable to these countries. Please contact your local post
office to verify item type, size and weight restrictions for the country
in which your APO/FPO address is located.
International shipping:
We're sorry, at this time we do not ship to some destinations outside
the United States except for APO/FPO military addresses and major offshore
U.S territories and protectorates and is subject to their 70 lb weight
limitation. All shipping costs to points outside of the US are estimates
only and subject to change. Please contact us via e-mail or at 866-565-4ITS
for information regarding shipping to your international address.
Downloads
For purposes of the Service, an order will be deemed "shipped when the
link for the Product download is presented to you.
7. Agreement to Pay.
Payment for Products.
You agree to pay for all Products you purchase through the Service, and
that IDENTITY THEFT SOLUTIONS.COM is authorized to bill your chosen payment
method for any Products purchased, and for any additional amounts (including
any taxes and late fees, as applicable) as may be accrued by or in connection
with your Account. You are responsible for the timely payment of all fees
and for providing IDENTITY THEFT SOLUTIONS.COM with a valid payment method
for payment of all fees. All fees will be billed to the payment method
you designate during the registration process. If you want to designate
a different payment method or if there is a change in your credit or debit
card status, you must change your credit or debit card information online
at the Account Info section of the Service. (There may be a temporary
disruption of your access to the Service until IDENTITY THEFT SOLUTIONS.COM
can verify the validity of the new credit or debit card information.)
Electronic Signatures and Contracts.
Your use of the Service includes the ability to enter into agreements
and/or to make purchases electronically. You acknowledge that your electronic
submissions constitute your agreement and intent to be bound by such agreements
and to pay for such purchases. Your agreement and intent to be bound by
electronic submissions applies to all transactions you enter into on this
Service, including notices of cancellation, policies, contracts, and applications.
Payment Methods.Identity
Theft Solutions.com Downloads currently only accepts credit and debit
cards as a form of payment. At the time your order is placed, IDENTITY
THEFT SOLUTIONS.COM obtains a pre-approval from the credit card company
for the amount of the order. Your credit or debit card will be billed
when the Product is "shipped". For purposes of the Service, an order
will be deemed "shipped when the link for the Product download is presented
to you. We are unable to accept credit or debit cards issued by banks
outside of the United States. Debit cards and check cards have daily spending
limits that may prevent the processing of your order. If a purchase has
been declined online due to credit or debit card issues, please ensure
all data is correct and resubmit. If the transaction is not accepted online,
you will be unable to use that card for your purchase and should use another
credit or debit card.
Sales Tax. Identity Theft Solutions.com purchases will include any applicable sales tax based
on the bill-to address and the sales tax rate in effect at the time of
purchase. If the sales tax rate for the billing address changes before
the Product is purchased, the new tax rate in effect at the time of purchase
will apply. We will only charge tax in states and localities where downloads
are taxable. No customers are eligible for tax exemptions for purchases
made on Identity Theft Solutions.com Downloads.
Prices.
IDENTITY THEFT SOLUTIONS.COM reserves the right to change prices for Products
offered at Identity Theft Solutions.com Downloads at any time.
Customer Service. For
assistance with billing questions or other order inquiries, please refer
to our online support page by clicking. If you cannot find the answers
you are seeking, you can contact us via telephone at 1-866-565-4ITS from
9 a.m. to 5 p.m. (EST), or via email at info@identitytheftsolution.com.
8. Delivery of Product.
Identity Theft Solutions.com Downloads makes every effort to provide broad
fraud reduction offerings. For this reason, IDENTITY THEFT SOLUTIONS.COM
reserves the right to change options without notice.
On occasion, technical
and other problems may delay or prevent delivery of your Product. Your
exclusive and sole remedy with respect to Product that is not delivered
within a reasonable period will be either replacement of such Product,
or delivery in text (book) format equivalent of the purchase price paid
for such Product, as determined by IDENTITY THEFT SOLUTIONS.COM.
9. Intellectual Property.
Acknowledgement of Ownership. You agree that
the Service, including without limitation all software, technology, web
sites, text, graphics, user interfaces, visual interfaces, photographs,
trademarks, trade dress, logos, sounds, music, artwork, compilation of
content, postings, links to other Internet resources, and computer code
comprising, incorporated in, appearing on, or used by the Service, together
with the design, structure, selection, coordination, expression, look
and feel, and arrangement of all such elements of the Service, are owned
by IDENTITY THEFT SOLUTIONS.COM and/or its licensors, and are protected
by applicable intellectual property and other laws, including but not
limited to copyright, and that you will not use the Service or any element
thereof in any way whatsoever except in strict compliance with the terms
of this Agreement. No portion of the Service
or any element thereof may be reproduced in any form or by any means.
You agree not to modify, rent, lease, loan, sell, distribute, or create
derivative works based on the Service or any element thereof, in any manner,
and you shall not use the Service or any element thereof to trespass or
burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED BY THE
SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL
AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT
INFRINGEMENT.
Trademarks.
Identity Theft Solutions Corporation, IDENTITY THEFT SOLUTIONS.COM, the
Identity Theft Solutions Corporation Shield logo, and other Identity Theft
Solutions Corporation trademarks, service marks, graphics, and logos used
in connection with the Service are trademarks or registered trademarks
of Identity Theft Solutions Corporation in the U.S. and/or other countries.
Other trademarks, service marks, graphics, and logos used in connection
with the Service are the trademarks of their respective owners. You are
granted no right or license with respect to any of the aforesaid trademarks
and any use of such trademarks.
10. Termination.
IDENTITY THEFT SOLUTIONS.COM, in its sole discretion, reserves the right
to modify, suspend or discontinue the Service at any time and in any way,
in whole or in part, with or without notice, and with no liability to
you, including without limitation with respect to Products, content or
other materials comprising a part of the Service. IDENTITY THEFT SOLUTIONS.COM
will not be liable for the removal of or disabling of access to any Products,
content or other materials under this Agreement. IDENTITY THEFT SOLUTIONS.COM
further reserves the right, in its sole discretion, to terminate this
Agreement with you and/or your use of the Service (or any part thereof)
at any time, with our without notice, for any or no reason. In particular,
if you fail, or IDENTITY THEFT SOLUTIONS.COM suspects that you have failed,
to comply with any of the provisions of this Agreement, including but
not limited to failure to make payment of fees due, failure to provide
IDENTITY THEFT SOLUTIONS.COM with a valid credit card or with accurate
and complete Registration Data, failure to safeguard your Account information,
or violation of the Usage Rules, IDENTITY THEFT SOLUTIONS.COM, at its
sole discretion, without notice to you may: (i) terminate this Agreement
and/or your Account, and you will remain liable for all amounts due under
your Account up to and including the date of termination; and/or (ii)
preclude access to the Service (or any part thereof).
Survival.
The provisions of Sections 7, 9, 10, 12, 13, 14, 15, 17 and 18 will survive
termination of this Agreement.
11. General Compliance with Laws.
The Service is controlled and operated by IDENTITY THEFT SOLUTIONS.COM
from its offices in the United States. You agree to comply with all local,
state, federal, and national laws, statutes, ordinances, and regulations
that apply to your use of the Service.
12. Enforcement of These Terms of Service.
IDENTITY THEFT SOLUTIONS.COM reserves the right to takes steps IDENTITY
THEFT SOLUTIONS.COM believes are reasonably necessary or appropriate to
enforce and/or verify compliance with any part of this Agreement (including
but not limited to IDENTITY THEFT SOLUTIONS.COM's right to cooperate with
any legal process relating to your use of the Service and/or Products,
and/or a third party claim that your use of the Service and/or Products
is unlawful and/or infringes such third party's rights). You agree that
IDENTITY THEFT SOLUTIONS.COM has the right, without liability to you,
to disclose any Registration Data and/or Account information to law enforcement
authorities, government officials, and/or a third party, as IDENTITY THEFT
SOLUTIONS.COM believes is reasonably necessary or appropriate to enforce
and/or verify compliance with any part of this Agreement (including but
not limited to IDENTITY THEFT SOLUTIONS.COM's right to cooperate with
any legal process relating to your use of the Service and/or Products,
and/or a third party claim that your use of the Service and/or Products
is unlawful and/or infringes such third party's rights).
13. No Responsibility
for Third-Party Materials or Web sites.
Certain content, Products, and services available via the Service may
include materials from third parties. In addition, IDENTITY THEFT SOLUTIONS.COM
may provide links to certain third-party web sites. You acknowledge and
agree that IDENTITY THEFT SOLUTIONS.COM is not responsible for examining
or evaluating the content or accuracy of any such third-party material
or web sites. IDENTITY THEFT SOLUTIONS.COM does not warrant or endorse
and does not assume and will not have any liability or responsibility
for any third-party materials or web sites, or for any other materials,
products, or services of third parties. Links to other web sites are provided
solely as a convenience to you. If you decide to link to any such third-party
web sites, you do so entirely at your own risk.
14. Disclaimer of Warranties; Limitation of Liability.
IDENTITY THEFT SOLUTIONS.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT
THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND
YOU AGREE THAT FROM TIME TO TIME IDENTITY THEFT SOLUTIONS.COM MAY REMOVE
THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY
TIME, WITHOUT NOTICE TO YOU. IDENTITY THEFT SOLUTIONS.COM DOES NOT REPRESENT
OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK,
VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND IDENTITY
THEFT SOLUTIONS.COM DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE
RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
YOU EXPRESSLY AGREE
THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE
SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL
EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF
IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE, SHALL IDENTITY THEFT SOLUTIONS.COM OR ANY OF ITS
AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS
BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT
OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING,
WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR
LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY
OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF IDENTITY THEFT SOLUTIONS.COM HAS BEEN ADVISED OF OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
IDENTITY THEFT SOLUTIONS.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE
GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE
SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM
AROSE OR (2) $100.
YOU ACKNOWLEDGE AND
AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND IDENTITY
THEFT SOLUTIONS.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR
ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
IDENTITY THEFT SOLUTIONS.COM
MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE
OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SERVICE OR THAT
ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL
FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT
YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION
CORRECTLY WITH THE PRODUCTS AND THE SERVICE.
15. Waiver and Indemnity.
By using the Service, you agree to indemnify and hold IDENTITY THEFT SOLUTIONS.COM,
its directors, officers, employees, affiliates, agents, contractors, and
licensors harmless with respect to any claims arising out of your breach
of this Agreement, your use of the Service, or any action taken by IDENTITY
THEFT SOLUTIONS.COM as part of its investigation of a suspected violation
of this Agreement or as a result of its finding or decision that a violation
of this Agreement has occurred. You cannot sue or recover any damages
from IDENTITY THEFT SOLUTIONS.COM, its directors, officers, employees,
affiliates, agents, contractors, and licensors as a result of its decision
to remove or refuse to process any information, Product, or content, to
warn you, to suspend or terminate your access to the Service, or to take
any other action during the investigation of a suspected violation or
as a result of IDENTITY THEFT SOLUTIONS.COM'S conclusion that a violation
of this Agreement has occurred.
15. Waiver and Indemnity.
By using the Service, you agree to indemnify and hold IDENTITY THEFT SOLUTIONS.COM,
its directors, officers, employees, affiliates, agents, contractors, and
licensors harmless with respect to any claims arising out of your breach
of this Agreement, your use of the Service, or any action taken by IDENTITY
THEFT SOLUTIONS.COM as part of its investigation of a suspected violation
of this Agreement or as a result of its finding or decision that a violation
of this Agreement has occurred. You cannot sue or recover any damages
from IDENTITY THEFT SOLUTIONS.COM, its directors, officers, employees,
affiliates, agents, contractors, and licensors as a result of its decision
to remove or refuse to process any information, Product, or content, to
warn you, to suspend or terminate your access to the Service, or to take
any other action during the investigation of a suspected violation or
as a result of IDENTITY THEFT SOLUTIONS.COM'S conclusion that a violation
of this Agreement has occurred.
16. Changes.
IDENTITY THEFT SOLUTIONS.COM reserves the right, at any time and from
time to time, to update, revise, supplement, and otherwise modify this
Agreement and to impose new or additional rules, policies, terms, or conditions
on your use of the Service. Such updates, revisions, supplements, modifications,
and additional rules, policies, terms, and conditions (collectively referred
to in this Agreement as "Additional Terms") will be effective immediately
and incorporated into this Agreement. Your continued use of the Service
following the posting of changes will mean that you accept and agree to
the Additional Terms. All Additional Terms are hereby incorporated into
this Agreement by this reference.
17. Governing Law; Remedies.
The laws of the State of California, excluding its conflicts of law rules,
govern these Terms and your use of the Service. Your use of the Service
may also be subject to other local, state, national, or international
laws. You expressly agree that exclusive jurisdiction for any claim or
dispute with IDENTITY THEFT SOLUTIONS.COM or relating in any way to your
use of the Service resides in the courts of the State of California.
You understand and
agree that any unauthorized use of the Service (including all elements
thereof), the Products, or any related software or materials, would result
in irreparable injury to IDENTITY THEFT SOLUTIONS.COM and/or its affiliates
or licensors for which money damages would be inadequate, and in such
event IDENTITY THEFT SOLUTIONS.COM, its affiliates and/or licensors, as
applicable, shall have the right, in addition to other remedies available
at law and in equity, to immediate injunctive relief against you. Nothing
contained in this paragraph or elsewhere in this Agreement shall be construed
to limit remedies or relief available pursuant to statutory or other claims
that IDENTITY THEFT SOLUTIONS.COM, its affiliates and/or licensors may
have under separate legal authority, including but not limited to, any
claim for intellectual property infringement.
18. Miscellaneous.
This Agreement, together with the Terms of Use and Privacy Policy for
the Identity Theft Solutions.com website, constitutes the entire agreement
between you and IDENTITY THEFT SOLUTIONS.COM regarding the Service and
governs your use of the Service, superseding any prior agreements between
you and IDENTITY THEFT SOLUTIONS.COM relating to the Service. You also
may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content, or third-party software.
If any part of this Agreement is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect. IDENTITY THEFT
SOLUTIONS.COM's failure to enforce any right or provisions in this Agreement
will not constitute a waiver of such provision, or any other provision
of this Agreement. IDENTITY THEFT SOLUTIONS.COM will not be responsible
for failures to fulfill any obligations due to causes beyond its control.
IDENTITY THEFT SOLUTIONS.COM obtains permission from other companies and
other content owners to make their products and other content available
to you through the Service. You agree that the content owners that license
their content to IDENTITY THEFT SOLUTIONS.COM for the Service are intended
third-party beneficiaries under this Agreement with the right to enforce
the provisions of this Agreement that directly concern their content.