TERMS OF USE

Last revised on February 20, 2008

THESE ARE THE TERMS OF OUR AGREEMENT. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

The freeIDENTITYprotect™ service and PremiumIDENTITYprotect™ service (the "Services") are operated by Demoxi Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using the Services through the freeIDENTITYprotect.com or PremiumIDENTITYprotect.com Web site (the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you use any or all of the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Notwithstanding the foregoing, we may elect to notify you of any changes to these Terms of Use by email and you hereby consent to receipt and acceptance of same. Your continued use of the Services or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Services or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

ELIGIBILITY

The use of this Site and/or the Services is void where prohibited. This Site is intended solely for Users who are sixteen (16) years of age or older, and any registration by, use of, or access to the Site by anyone under (16) years of age is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Site, you represent and warrant that you are (16) years of age or older and where applicable, you further represent and warrant that you have permission by your parent or legal guardian to use the Services or the Site and that you agree to and to abide by all of these Terms of Use. Identity theft insurance and restoration is not available for NY residents.

REGISTRATION DATA; ACCOUNT SECURITY

In consideration of your use of the Services or Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of any password and identification, including, but not limited to, not providing, allowing, or making available to third-parties with or without your authorization your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account whether by your own actions or actions of others using your password and identification.

SERVICES

You acknowledge and understand that the Company may be providing you access to certain third party services. The Company is not providing you any financial advice. The company cannot improve your credit history or rating or provide you with advice or assistance to improve your credit history or rating. Please read carefully the Services offered to you through the Site and the Services you decide to pay for and/or use. Your use of our Services is subject to these Terms of Use. Certain Services may be located on third party provider Web sites or applications, via a link, click-through advertising, or otherwise. While we may provide you easy access to certain third party provider services, we are not acting as an agent of the third party provider. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, the Company does not make any representation or warranty with respect to such third party services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party services, and you hereby release the Company, its officers, directors, employees, agents and affiliates from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Services. The Company is not responsible in the event that Experian fails to notify the other credit bureaus that a fraud alert has been set.

PLEASE NOTE THAT YOU MAY BE SUBJECT TO ADDITIONAL AND/OR DIFFERENT TERMS, CONDITIONS, AND PRIVACY POLICIES WHEN YOU USE THIRD PARTY SERVICES, CONTENT OR WEB SITES.

ALSO, YOU MAY HAVE CERTAIN OBLIGATIONS WITH REGARD TO THE SERVICES WE PROVIDE AND YOU AGREE THAT YOUR NEGLIGENT USE OF ANY OF THE SERVICES WE PROVIDE, INCLUDING YOUR USE OF THE SERVICES DASHBOARD FUNCTIONALITY, RELEASES THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES FROM ANY AND ALL CLAIMS (INCLUDING ANY CLAIM BASED ON OR RELATED TO THE COMPANY'S SERVICE GUARANTEE WARRANTY), DEMANDS, LIABILITY AND DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR NEGLIGENT USE OF THE SERVICES.

RENEWALS/CANCELLATION

You acknowledge and consent where applicable to any automatic renewals of the Services you use depending on the renewal plan for those Services. Please review the term of the renewals. Company will not make any refunds for any renewal not properly terminated.

For premiumIDENTITYprotect.com clients, you may cancel at any time by emailing us at support@freeIDENTITYprotect.com and notifying us of your intention to cancel. If you are an annual subscriber, we will refund any unused amount.

CONSENT AND AUTHORIZATION

You consent and hereby authorize the Company, its employees and agents to act on your behalf as necessary to provide you any Services you have agreed to use or you have purchased, including the use of any information we collect about you in compliance with our Privacy Policy which can be accessed at www.freeIDENTITYprotect.com/privacy.php. To the extent that any laws in any jurisdiction require your written authorization for any reason in the provision of the Services to you by us, you agree that your consent to these Terms of Use shall be conclusive evidence of your authorization for the Company to act as your attorney-in-fact or personal representative and in the event that Company requests any further documentation in support of proof of your authorization, you agree you shall timely provide the same as requested by the Company.

COPYRIGHT and TRADEMARKS

freeIDENTITYprotect and the freeIDENTITYprotect logo are trademarks of Demoxi Inc. Everything you see in any promotional materials is copyrighted by Demoxi Inc. unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All promotional materials are protected by copyrights, which are owned or licensed by Demoxi Inc. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Demoxi Inc. information without the express, written consent of Demoxi Inc.

PRIVACY

We care about the privacy of our Users. By using the Site or the Services, you are consenting to have your personal data transferred to the Company and processed in the United States. For more information, please see the Company's Privacy Policy.

DISCLAIMERS

Except as provided by the Company's SERVICE GURANTEE WARRANTY, the Company is not responsible or liable in any manner for your use of any Services or any services offered by a third party. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Services you may use. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your computer related to or resulting from your use of the Services.

THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, AND RELIABLE.

The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

LIMITATION ON LIABILITY

WITH THE EXCEPTION OF THE COMPANY'S SERVICE GURANTEE AND EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 U.S. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE FREEIDENTITYPROTECT SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION RELATED TO OR REGARDING ANY SERVICE PROVIDED TO YOU BY THE COMPANY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

COMPANY'S SERVICE GUARANTEE WARRANTY FOR premiumIDENTITYprotect CLIENTS ONLY

Subject to any state or local restrictions, if your personal identifying information is used without your authorization and subsequently used to commit fraud (a "Claim"), due to a failure or defect in our service, we will pay professionals of our choice to assist you in remedying such loss and restoring your identity. This guarantee is valid as long as you are a paid member of PremiumIDENTITYprotect. This Service Guarantee Warranty is subject to the following conditions:

You must be a current client of the Company's PremiumIDENTITYprotect Services (paid service) at the time the fraud was committed.
You have complied with this Agreement and are not in any breach of its terms.
You must notify the Company at 866-434-3572 within thirty (30) days of when you knew of or should have known of the unauthorized access.
The Company reserves the right to investigate any Claim and to deny any Claim. The Service Guarantee Warranty is not applicable wherein the Company concludes in its sole discretion that a reasonable person would conclude that fraud was committed by use of personally identifiable information in our possession or control while you were a customer of the Company's PremiumIDENTITYprotect Service or was not used without your express or implied authorization.
You must fully cooperate with the Company and its agents and provide timely and reasonably necessary assistance to evaluate the Claim.
If the Company authorizes action on your Claim under the Service Guarantee Warranty, you agree to cooperate in any manner with the Company to mitigate any damages. This includes working only with the Company or the Company's agents to resolve your Claim. In no event shall the Company be liable to any party unless the Company has expressly authorized the party to assist in the Claim
Your negligent or intentional misrepresentation as to any Claims will cause the Company to seek any remedy available to recover any costs it has occurred related to the Claim. You agree to reimburse the Company for all reasonable costs and fees associated with the Claim, including any costs we incur to collect the reimbursement from you.
THE SERVICE GUARENTEE WARRANTY IS NOT APPLICABLE FOR ANY CLAIM WHATSOVER BASED ON ANY FREEIDENTITYPROTECT SERVICES.
Any disputes as to the eligibility of a Claim shall be subject to the DISPUTE RESOLUTION/ARBITRATION proceedings as described herein.
The total claim under the Service Guarantee Warranty shall not exceed $1,000,000 (one million U.S. dollars) per lifetime for all incidents in the aggregate, except that for any claims based on identity theft the limit shall be $25,000.

INDEMNIFICATION

You agree to defend and indemnify the Company, and its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of this Agreement or the documents referenced herein; (b) your violation of any law or the rights of a third party; or (c) your use of this Site.

GOVERNING LAW; VENUE AND JURISDICTION

By visiting or using the Site and/or the Services, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. Should for whatever reason any disputes or claims not be subject to the DISPUTE RESOLUTION/ARBITRATION policy (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Washington, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Washington.

DISPUTE RESOLUTION/ARBITRATION

YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE SITE TERMS OF USE, THE SITE AND/OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the Company's patent, copyright, trademark or trade secret rights, the Company may seek injunctive or other appropriate relief.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Services (including your visit to or use of the Site and/or the Services) be instituted more than two (2) year after the cause of action arose.

PAYMENT TERMS/TAXES

Payment for the Services may be made by bank cards or other mutually agreed upon payment instrument. The Company reserves the right to apply such taxes as necessary in order to comply with any tax authority (federal/state/local or otherwise) and you agree that you are personally responsible for any such taxes that may be associated with the purchase of our Services.

OTHER

These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site and/or the Services, superseding any prior agreements between you and the Company relating to your use of the Site or the Services. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the others Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any rights not expressly granted herein are reserved. We have the right to refuse service to anyone for any reason.

Force Majeure

The Company will not be responsible for failure to provide, or for delay in providing Services when such failure or delay is caused by conditions beyond its control, including but not limited to labor disturbance and strike, rebellion, riot, civil commotion, war or uprising, nuclear accidents, natural disasters, acts of God, or where rendering Service is prohibited by local law or regulations.

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