Terms of Use

PLEASE READ THIS TERMS OF USE CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (REFERRED TO AS ‘YOU’ AND VARIATIONS SUCH AS ‘YOUR’), ON THE ONE HAND, AND INTERSECTIONS INC. AND AIMIA PROPRIETARY LOYALTY CANADA INC.(INTERSECTIONS INC. AND AIMIA PROPRIETARY LOYALTY CANADA INC.ARE REFERRED TO COLLECTIVELY AS “WE”, “US” AND VARIATIONS SUCH AS “OUR”), ON THE OTHER HAND. THIS TERMS OF USE CONTAINS THE LEGAL TERMS AND CONDITIONS BETWEEN YOU AND US REGARDING THE CREDIT ALERT® PLUS, CREDIT ALERT® IDENTITY PROTECTION AND/OR CREDIT ALERT® CREDIT MANAGEMENT SERVICES, WHICHEVER OF THOSE SERVICES YOU ORDERED. THE SERVICES YOU ORDERED ARE REFERRED TO IN THIS TERMS OF USE AS THE ‘SERVICE,’ AND THE TERM ‘SERVICE’ AS USED IN THIS TERMS OF USE INCLUDES ALL OF THE PRODUCTS, SERVICES AND SOFTWARE THAT ARE INCLUDED WITH THE SERVICES YOU ORDERED. BY SUBMITTING YOUR ORDER, ACCESSING OR USING THE SERVICE, OR DOWNLOADING ANY SOFTWARE PROVIDED AS PART OF THE SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS TERMS OF USE.

Use of the Service

You may not use the Service unless you are eighteen years of age or older. Any information you provide to us must be true, accurate, current, and complete. You shall not use the Service for any illegal purpose, and you shall abide by all applicable federal, provincial, local and international laws and regulations. The Service is for your personal use only, and not for commercial purposes. You may not use the Service to obtain information about or make decisions about anyone but yourself. You are solely responsible for any reliance by you on the Service or other use you make of the Service.

Personal Information Authorization

As needed to provide the Service to you, you authorize and instruct us to obtain, monitor and compile your credit information from one or more credit reporting bureaus or agencies, and other of your personal information for the purpose of providing the Service to you.

Limited Software License

In addition to all other provisions in this Terms of Use, the following provisions apply specifically to the software used, accessed or delivered as part of the PRIVACYPROTECTTMsoftware (the ‘Software’): Conditional on your continued compliance with these Terms of Use, these Terms of Use provides you with a revocable, limited, non-exclusive, non-transferable license to use the Software solely as part of the Service. Any rights granted hereby may not be sublicensed, leased, sold, transferred or assigned by you to any third party. You may not make any copy of, or allow access to, the Software other than as expressly permitted in these Terms of Use. The PRIVACYPROTECTTMsoftware may be installed on no more than one computer. You may use the Software on a network only if you have a valid license for each copy on each computer on the network. You may not use a previous version or copy of the Software after you have received an upgraded version as a replacement of the prior version. Upon upgrading the Software, all copies of the prior version must be destroyed.

Credit Reports and Scores

The Service is not intended to substitute for any free credit report or disclosure that any credit reporting agency or bureau is required by law to provide to you. Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your credit report is inaccurate you have the right to dispute it by contacting the credit bureau directly. Any credit score provided as part of the Service is provided to us by one of the credit bureaus in Canada and is not developed or created by us. Lenders and other creditors may use a different score to evaluate a person’s creditworthiness. Each lender or other creditor has specific underwriting standards, so a person should not assume that he or she will receive the same evaluation, credit terms or conditions from each lender or creditor. We do not provide the Service, or any advice or assistance, for the purpose of improving your credit report, credit history or credit score.

Your Account

Registering as an online user or subscriber with the Service requires both a user name and a password, and certain portions of the Service may require use of multiple one time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of this Service and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. You must immediately change your user name and/or password as soon as you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.

Fees and Charges

You authorize us to charge your credit card or other account that you have designated. To ensure uninterrupted service, your subscription will automatically renew until you cancel. Monthly, annual and other periodic or renewal fees will be charged at the then current rate. You may cancel the Service at any time by calling the toll free number provided by us. You have the right to cancel your subscription without fee or penalty at any time.

*Applicable taxes are HST for ON 13%, PEI 14%, NL, NB, NS 15% with the remaining provinces at GST 5% plus QC QST 9.975%. All tax rates are subject to change by the applicable regulatory authority. Aimia Proprietary loyalty Canada Inc. GST /HST # is 840921852, QST # is 1215905761

Changes to Service, Fees or Terms of Use; Termination

We reserve the right to modify these Terms and Conditions from time to time in accordance with applicable laws. We reserve the right to terminate your account with or without cause at any time and for any reason. You agree that any termination of your access to the Service may be effected without prior notice. You may terminate your account at any time by calling the number provided by us. Once your account has terminated for any reason, you will have no further right or access to use the Service, and you immediately shall cease using and destroy all copies of any Software.

Privacy Policy

In connection with your enrollment and registration for the Service, or use of the Service, you will be submitting your personal information to us, or allowing us to access your personal information, including account passwords, user names, financial account information and other personal information, as well as other data, materials and content you submit (‘Your Information’). BY SUBMITTING YOUR ORDER, ACCESSING OR USING THE SERVICE, OR DOWNLOADING ANY SOFTWARE PROVIDED AS PART OF THE SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ OUR PRIVACY POLICYAND AGREE TO BE BOUND BY IT. Subject to our Privacy Policy, you agree that we may use, copy, modify, display and distribute Your Information as we require to provide the Service. You represent that you have the right to give us Your Information and authorize its use as described above.

Electronic Notices and Communications

THE SERVICE IS AN ELECTRONIC, INTERNET-BASED SERVICE. YOU UNDERSTAND AND AGREE THAT THIS TERMS OF USE WILL BE ENTERED INTO ELECTRONICALLY, AND THAT THE FOLLOWING CATEGORIES OF INFORMATION (‘COMMUNICATIONS’) MAY BE PROVIDED BY ELECTRONIC MEANS: THESE TERMS OF USE AND ANY AMENDMENTS, MODIFICATIONS OR SUPPLEMENTS TO THEM; ANY INITIAL, PERIODIC OR OTHER DISCLOSURES OR NOTICES PROVIDED IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION OUR PRIVACY POLICY, THE REGULATORY DISCLOSURES SET FORTH BELOW, AND ANY OTHER COMMUNICATIONS REQUIRED BY FEDERAL OR PROVINCIAL LAW; AND ANY OTHER COMMUNICATION RELATED TO THE SERVICE. COMMUNICATIONS MAY BE POSTED ON THE PAGES OF THE SERVICE WEBSITE AND/OR DELIVERED TO THE E-MAIL OR POSTAL MAIL ADDRESS YOU PROVIDE. YOU SHOULD PRINT A PAPER COPY OF THESE TERMS OF USE AND ANY ELECTRONIC COMMUNICATION THAT IS IMPORTANT TO YOU AND RETAIN THE COPY FOR YOUR RECORDS. YOU MAY REQUEST A PAPER COPY OF LEGALLY REQUIRED NOTICE, WITHDRAW YOUR CONSENT TO RECEIVE COMMUNICATIONS ELECTRONICALLY, OR CHANGE YOUR EMAIL OR POSTAL ADDRESS FOR RECEIPT OF COMMUNICATIONS, BY CALLING THE NUMBER PROVIDED BY US OR SENDING YOUR REQUEST BY E-MAIL TO CUSTOMERSERVICE@ALERTSERVICE.CA. IF YOU CHOOSE TO WITHDRAW YOUR CONSENT, THEN YOU WILL RECEIVE COPIES OF LEGALLY REQUIRED NOTICES IN PAPER FORM. IN ORDER TO ACCESS AND RETAIN ONLINE COMMUNICATIONS, YOU MUST HAVE: AN INTERNET BROWSER THAT SUPPORTS 128-BIT ENCRYPTION; AN E-MAIL ACCOUNT AND E-MAIL SOFTWARE CAPABLE OF READING AND RESPONDING TO YOUR E-MAIL; A PERSONAL COMPUTER, OPERATING SYSTEM AND TELECOMMUNICATIONS CONNECTION TO THE INTERNET, OR IN THE CASE OF OUR MOBILE SERVICE, A WIRELESS DEVICE, SOFTWARE AND CONNECTION TO THE INTERNET CAPABLE OF SUPPORTING THE FOREGOING; AND SUFFICIENT ELECTRONIC STORAGE CAPACITY ON YOUR COMPUTER’S HARD DRIVE OR OTHER DATA STORAGE UNIT OR A PRINTER THAT IS CAPABLE OF PRINTING FROM YOUR BROWSER AND E-MAIL SOFTWARE.

Export Restrictions

The Service is only available for purchase by residents of the United States of America (the ‘U.S.’) or Canada. Further, you understand and acknowledge that you may not sign up for the PRIVACYPROTECTTMportion of the Service, or download the PRIVACYPROTECTTMsoftware, from countries outside of the U.S or Canada. You agree to abide by U.S. and other applicable export control laws and not to transfer the Software to a national destination or person prohibited under such laws. Further, you acknowledge that the Software includes encryption software that may be subject to export, import, and/or use controls. Accordingly, in no event may the Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

Privacy Protect Software: U.S. Government Restricted Rights

RESTRICTED RIGHTS LEGEND: All of our software and documentation is commercial in nature. The Software and Software documentation are ‘Commercial Items,’ as that term is defined in 48 C.F.R. § 2.101, consisting of ‘Commercial Computer Software’ and ‘Commercial Computer Software Documentation,’ as such terms are defined in 48 C.F.R. § 252.227-7014(a)(5) and 48 C.F.R. § 252.227-7014(a)(1), and used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212, 48 C.F.R. § 252.27-7015, 48 C.F.R. § 227.7202 through 227.7202-4, 48 C.F.R. § 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable. The Software and any related documentation licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this Terms of Use. Manufacturer of the Privacy Protect Software is STRIKEFORCE TECHNOLOGIES, INCORPORATED, Customer Sales and Service, 1090 King Georges Post Road, Suite 108, Edison, New Jersey, 08837, USA.

Proprietary Rights

You acknowledge and agree that we or our licensors own all rights in and to the Service. Our and our licensors’ rights are protected by laws and regulations, including copyright laws, patent laws and international intellectual property treaties. You are permitted to use the Service only as expressly authorized by this Terms of Use. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile any of the Service or technology.

Third Party Products and Web Sites

We may offer or provide you access to products, services or Web sites provided by third parties, including but not limited to promotional or incentive offers, or free services provided by third parties, including the ZoneAlarm® Internet Security Suite and Web sites that hyperlink to our Web site. We do not control or bear any responsibility for those Web sites or third parties, including but not limited to their products or services or use by them of personal information you may provide them. Further, in order to use the Identity Theft Restoration Service you will be required to agree to additional terms and conditions of Sigma Assistel Inc., and you will be bound by those terms and conditions. If and when you provide any personal information of any kind to Sigma Assistel Inc., any use of that information will be governed by those terms and conditions and the privacy policy provided by Sigma Assistel Inc. to you.

Exclusion of Representations and Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS ONLY. NEITHER WE, NOR ANY LICENSOR OR THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICE OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, MAKES, AND EACH EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR ARISING OUT OF COURSE OF DEALING OR USAGE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY OR THAT THE SERVICE IS ERROR FREE OR SECURE. THE SERVICE CONTAINS INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY CREDIT REPORTING AGENCIES OR OTHER THIRD PARTY DATA PROVIDERS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY SUCH THIRD PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND WE HAVE NO LIABILITY FOR SUCH FAILURE. NEITHER WE NOR ANY THIRD PARTY DATA PROVIDER SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY NON-DELIVERY, DELAYED DELIVERY, OR THE MISDIRECTED DELIVERY OF AN ALERT, UPDATE OR OTHER INFORMATION, INACCURATE OR INCOMPLETE INFORMATION IN AN ALERT, UPDATE OR OTHER INFORMATION, OR YOUR RELIANCE ON OR USE OF ANY ALERT, UPDATE OR OTHER INFORMATION. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. ANY SOFTWARE, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY INJURY, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Limitations of Liability

IN NO EVENT MAY WE, OR ANY LICENSOR OR THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICE OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE MAY NEVER EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE MONTHS PRIOR TO THE DATE YOUR CLAIM ARISES. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Miscellaneous Provisions

These Terms of Use are governed by the laws of the Province of Ontario, exclusive of its choice of law principles. These terms of use and the supporting documentation contained in this fulfillment package constitute the entire agreement.

Trademark and Copyright

© Intersections Inc. 2012. All rights reserved. INTERSECTIONS, CREDIT ALERT and PRIVACYPROTECTTM are trademarks or federally registered trademarks of Intersections Inc. The following are trademarks of third parties: Equifax is a registered trademark of Equifax, Inc.; TransUnion is a registered trademark of Trans Union of Canada, Inc.; and other trademarks are trademarks of their respective owners. The PRIVACYPROTECTTM Software is provided to you by us under a license from StrikeForce Technologies, Inc.

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