These Terms and Conditions of Service is a legally binding agreement between Secure Identity Systems® (“SIS”) and all users of its services. Use of Secure Identity Systems’ services constitutes acceptance of these Terms and Conditions of Service.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Secure Identity Systems, LLC on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.

As used in these Terms, Secure Identity Systems and/or SIS shall have the following meanings.

1. “Secure Identity Systems” and/or “SIS” includes “we”, “us”, and variations such as “our”.
2. “Primary Member” means a U.S. citizen, age 18 or older who enrolled, or has been enrolled, in Secure Identity Systems’ Total Identity Monitoring®, the Secure Identity Systems Resolution Service, Secure Identity Systems’ SecureMobile^TM or other services that Secure Identity Systems may offer from time to time. For family coverage, family members are defined as a Significant Other and household dependents (“Dependent”) who are under the age of 18 who live with the Primary Member.
3. “Significant Other” means anyone living with a Primary Member either by marriage or domestic partnership, who is over the age of 18.
4. “Services” includes the products, websites, services, and software that you order, receive, or access through the Site or otherwise from SIS (or its third-party service providers).
5. “ID Theft Resolution Kit” are the documents needed to address the theft of a Primary Member’s Identity resulting from the specified incident. The ID Theft Resolution Kit contains, but is not limited to: a Cover Letter, ID Theft Affidavits, Form Letters, Forgery Affidavits, Limited Power of Attorney, complete step by step instructions, and any other specific documents used per ID theft type, number of ID thefts, and ID theft location.
6. “Secure Identity Systems Resolution Service” means SIS provides Identity Theft Recovery guidance and support to victims of identity theft. A victim of Identity Theft will be provided assistance from a Certified Recovery Advocate to help take the necessary steps to bring the victim back to pre-theft status.

• You may not enroll in the Services unless you are 18 years of age or older. Dependents must be enrolled by the “Primary Member” for eligible Services.
• Any information you provide to SIS must be true, accurate, current, and complete. You shall not use the Services for any illegal purposes. You shall abide by all applicable local, state, national, and international laws and regulations.
• The Services are for personal use only. You may not use Services to obtain information about or make decisions about anyone but yourself. You are responsible for any reliance by you on the Services. Note that some Services may require your agreement to additional third-party service providers. SIS is not responsible for your agreement to or reliance upon any such terms. If, for any reason, we are unable to activate a feature of the Services, the inability to access any feature may not result in termination of the Services unless otherwise terminated by SIS in our sole discretion.
• You promise that you will not use are attempt to use the Services in any way that may cause you or us to breach any applicable laws or the rights of any third party; transfer files that contain viruses, Trojans or other harmful programs or use the Services in any way that may damage or disrupt another’s computer; nor access the accounts of other users, penetrate the Services’ security measures or use the Services as a means to collect or store personal data about others or to engage in marketing activities.
• Primary Members and their Significant Others (collectively “Members”) with the Secure Identity Systems Resolution Service will have access to a Resolution Advocate between the hours of 9:00 am and 5:00 pm CST Monday through Friday (excluding holidays) at 1-877-304-3349. If a Resolution Advocate is not available, Members may leave a voicemail, submit a ticket on the customer dashboard, or email SIS at support@secureidentitysystems.com. Secure Identity Systems strives to respond to all voicemails, tickets, and emails within twenty-four (24) business hours.
• Upon notification of an identity theft incident, Secure Identity Systems will:
  • Consult with Primary Member to ascertain the severity of the ID Theft and to start the resolution process.
  • Provide the Primary Member with an ID Theft Resolution Kit.
  • Provide ongoing resolution assistance.

• As needed to provide the Service to you, you authorize and instruct us to obtain, monitor and compile your (a) credit information from one or more credit reporting agency(-ies), and (b) “non-public personal information”, “personal information,” and “highly restricted personal information” about you as defined by the Gramm-Leach-Bliley Act (15 U.S.C. §6801 et seq.) and Drivers Privacy Protection Act (18 U.S.C. § 2721 et seq.), respectively, and other personal information.

1. Coverage begins once confirmation of payment or other form of membership is confirmed and is received. If paying by credit card or ACH, the subscription will automatically renew per payment mode selected unless Primary Member directs Secure Identity Systems to cancel such coverage prior to the renewal date.
2. Any ID thefts, incidents or activities that occurred or commenced prior to the start of your coverage (described in 4A., above) are ineligible and excluded from the Services. Certain ID theft resolution services may be available for an additional charge.
3. The Services are available only in the United States. Secure Identity Systems reserves the right to add additional countries and/or territories at its own discretion.
4. You agree that Secure Identity Systems will not be held responsible for failure to provide, or for delay in providing, Services when such failure or delay is caused by conditions beyond its control.
5. Secure Identity Systems cannot guarantee the outcome of the resolution process. Secure Identity Systems reserves the right to refer Primary Member or other Members on account over the age of eighteen (18) to a local attorney if the severity of the identity theft dictates.
6. Secure Identity Systems Resolution Services will not apply if the identity theft is the result of a dishonest, criminal, malicious, or fraudulent act or other misconduct by the Primary Member, their Significant Other, or if their child participated in, directed, or had previous knowledge of the theft.
7. Secure Identity Systems Resolution Services do not cover financial losses of any kind arising from the identity theft or other incident.
8. Certain Services may allow Primary Members to enroll a minor child; such enrollment is conditioned upon a Primary Member being a parent or legal guardian of such minor. Secure Identity Systems may require documentation, directly or indirectly, to prove the relationship with any such minor child. A Primary Member’s acceptance of these Terms and Conditions of Service will apply to such all minor children of such Primary Member, and such acceptance acts as an express acceptance of these Terms and Conditions of Service on behalf of such minor children.
9. Secure Identity Systems reserves the right to change, modify or discontinue any of the Services, in whole or in part, at any time.

• As a Primary Member, you may have the ability to invite other Members for enrollment into a Couple and/or Family Plan. A Couple Plan allows for two Members over the age of eighteen (18), the Primary Member and a Spouse or Significant Other to access the Services. A Family Plan allows for two Members over the age of eighteen (18), the Primary Member and a Spouse or Significant Other to access the Services as well as up to four household Dependents. Dependents may not be enrolled in certain Services, including, but not limited to, Credit Scores, Credit Monitoring, Credit Reports, and SecureMobile. Other Members must complete the enrollment process themselves for security and privacy purposes. All Primary Members and Members over the age of 18 will not be able to access or view the other Member’s personal identifiable information on the Primary Member’s account (first name and last name excluded).
• Certain Services may allow Members to access and/or view Dependent’s credit reports, alerts, scores, and risk assessments for Dependents who are enrolled in the plan. Prior to accessing information for Dependents, each Member enrolled in the plan must acknowledge and agree to such access. In the event a Primary Member removes Members and/or Dependents in the plan, then such participants cannot be reinstated unless expressly approved by Secure Identity Systems. By enrolling a Dependent in the Services, You represent and affirm that (a) you are the custodial parent or legal guardian of each child you register for the Services, (b) any documentation that you provide asserting the same is valid, (c) each child that you register for the Services legally resides at your address of record, and (d) that as required, you are able and willing to provide a copy of (i) your valid driver’s license, (ii) your child’s social security card, (iii) your child’s birth certificate, and (iv) any other documentation required to verify proof of legal guardianship. You agree to notify us in the event that the status of your legal guardianship changes; we reserve the right to cancel each child upon such status change. You must remain an active member in a qualified Service that includes the Dependent Services feature in order to continue to receive the Services. Enrollment of any child in the Services will be cancelled upon any child becoming 18 years old.
• The Primary Member shall have sole access and right to add additional Dependents, and/or edit Dependent information, remove Members and/or Dependents, edit billing information (such as a credit card, if applicable), and cancel the Services.
• The Primary Member may not change the Spouse or Significant Other or any Dependents on the account more than three (3) times so long as that account is open and active.

1. The Services for Primary Members will commence once confirmation of payment is received by Secure Identity Systems. The subscription will automatically renew per payment mode selected unless Primary Member notifies of intent to cancel. Cancellation of the Services requires the Primary Member’s authorization.
2. If Primary Member wishes to cancel a subscription, Primary Member can contact Secure Identity Systems at support@secureidentitysystems.com or call 1-877-304-3349 to cancel Services and receive a refund, subject to subsection C, below. Once your account has expired or been terminated for any reason, you will have no further right or access to use the deactivated Services, and you immediately shall cease using and destroy all copies of any Software.
3. Cancellation after initial enrollment:
   1. If Primary Member contacts Secure Identity Systems after the processing of a monthly payment, Services and recurring billing will be discontinued immediately. Secure Identity Systems does not provide refunds for any partial month.
   2. If Primary Member contacts Secure Identity Systems after the processing of an annual payment, but before the end of the period of coverage, Secure Identity Systems will discontinue Services and issue a refund for any full unused months of service, minus any discounts or payment incentives.

• At any time without notice to you, Secure Identity Systems may change, update, add, or remove provisions of these Terms and Conditions of Service or Privacy Policy by posting such changes to its website, www.totalidentitymonitoring.com (the “Site”). From time to time we may add or discontinue material features to or from the Services. Any changes will be effective upon posting the revised version of these Terms and Conditions or Privacy Policy. If, in our sole discretion, we deem a revision of these Terms and Conditions to be material, we will notify you via the Services and/or by email/text based on your selected preference. Notice of other changes may be provided via the Site. We encourage you to visit the Site to check for any updates. Your continued use of the Services after such changes shall constitute your acceptance of such changes. If you do not agree with these Terms and Conditions of Service or changes made hereto you must immediately cancel the Services.
• 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 any Services may be affected without prior notice.

Section 8: Electronic Notices and Communications

• THE SERVICES ARE ELECTRONIC, INTERNET-BASED SERVICES. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL BE ENTERED INTO ELECTRONICALLY, AND THAT THE FOLLOWING CATEGORIES OF INFORMATION (“COMMUNICATIONS”) MAY BE PROVIDED BY ELECTRONIC MEANS AND THAT SUCH COMMUNICATIONS PROVIDED ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING: THIS AGREEMENT AND ANY AMENDMENTS, MODIFICATIONS OR SUPPLEMENTS TO IT; 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 STATE LAW; AND ANY OTHER COMMUNICATION RELATED TO THE SERVICES. COMMUNICATIONS MAY BE POSTED ON THE PAGES OF THE SERVICE WEB SITE(S) AND/OR DELIVERED TO THE EMAIL, PHONE, OR POSTAL MAIL ADDRESS YOU PROVIDE. YOU SHOULD PRINT A PAPER COPY OF THIS AGREEMENT AND ANY ELECTRONIC COMMUNICATION THAT IS IMPORTANT TO YOU AND RETAIN THE COPY FOR YOUR RECORDS. IN ORDER TO ACCESS AND RETAIN COMMUNICATIONS, YOU MUST HAVE: AN INTERNET BROWSER THAT SUPPORTS 128-BIT ENCRYPTION; AN EMAIL ACCOUNT AND EMAIL SOFTWARE CAPABLE OF READING AND RESPONDING TO YOUR EMAIL; A PERSONAL COMPUTER, OPERATING SYSTEM AND TELECOMMUNICATIONS CONNECTION TO THE INTERNET, OR IN THE CASE OF OUR MOBILE TEXTING 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 EMAIL SOFTWARE.

• Notwithstanding the provision of these Terms and Conditions of Service, Secure Identity Systems retains all right, title and interest in its Services, including all intellectual property rights, including but not limited to copyright, trademark, patent, trade secret and other intellectual property rights relating to or resulting from the Services.
• You acknowledge and agree that you have no rights in or to the Services. You further acknowledge that the Services are protected by laws and regulations, including copyright laws, patent laws and international intellectual property treaties. You are permitted to use the Services only as expressly authorized by these Terms and Conditions. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile any of the Software, Services or other technology.
• You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not remove or destroy any copyright notices or other proprietary markings. You may not modify or adapt the Software, merge the Software into another program or create derivative works based on the Software. You may not use, copy, rent, lease, lend, sell or distribute the Software without Licensor’s authorization, except that you may make one (1) copy of the Software for archival or back-up purposes only.

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 and web sites that hyperlink to our web site. SIS does 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, we reserve the right to stop offering or providing access to third party products, services or web sites at any time in our sole discretion.

• In addition to all other provisions in these Terms, the following provisions apply specifically to the software used, accessed or delivered as part of the StealthType® software ( the “Software”): Conditioned on your continued compliance with these Terms, the additional terms you will accept upon download, and your purchase of a version of the Service that includes the Software, these Terms provide you with a revocable, limited, non-exclusive, nontransferable 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 below. The StealthType® software 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 make any copies of that Software or allow anyone or any other device or instrumentality to access or use that Software. 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.

• The Site requires a user name and a password. 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 the Site or Services 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. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.

1. Secure Identity Systems’ use of personal information is governed by its Privacy Notice. The privacy policy is available at https://totalidentitymonitoring.com/privacy and incorporated herein by reference.
2. Secure Identity Systems may offer Services pursuant to additional or different terms. Such additional terms are hereby incorporated into these Terms and Conditions of Service. These Terms and Conditions of Service shall be read and interpreted, to the extent possible, so that there is no conflict between them and any additional terms. To the extent there is a conflict, the additional terms governing the specific Services will prevail as to those specific Services.
   https://totalidentitymonitoring.com/terms

• Secure Identity Systems, LLC and/or You agree to resolve any and all claims and disputes arising out of or relating in any way to the Services and these Terms and Conditions or any of our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Neither You nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that You and we would have if You or we went to court will not be available or will be more limited in arbitration, including discovery and appeal rights. ANY DISPUTE SUBJECT TO ARBITRATION SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
• Arbitrations shall be administered by the JAMS pursuant to the applicable JAMS rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from BABC by calling 615-244-2582 or visiting JAMS’ website. The parties agree that James D. Kay, or someone appointed by James D. Kay, will arbitrate any dispute that is required to be arbitrated under this Agreement. If James D. Kay is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place at the offices of Bradley Arant Boult Cummings, LLP. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to You and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. We will be responsible for paying all arbitration fees other than the lower amount of filing fees You would have incurred in a state or federal court. Notwithstanding any other provision herein, You or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, You and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of these Terms and Conditions, Your fulfillment or default of Your obligations under these Terms and Conditions, and/or Your or our bankruptcy or insolvency (to the extent permitted by applicable law). YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If You do not wish to be bound by this agreement to arbitrate, You must notify us in writing within sixty (60) days after the date You agree to these Terms of Use, including this Agreement. You must send Your request to: Secure Identity Systems Customer Service, 2702 Greystone Road, Nashville, TN 37204. The request must include Your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in the Terms of Use for my Identity Guard Service.” If You exercise Your right to reject arbitration, the other terms of these Terms of Use shall remain in full force and effect as if You had not rejected arbitration.

1. You understand that by accepting these Terms and Conditions you are providing “written instructions” to StitchCredit and its employees, agents, subsidiaries, affiliates, contractors, third party data and service providers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, including Experian, TransUnion, Equifax and affiliated entities, to access your credit files from each national credit reporting agency and to exchange information about you with each national credit reporting agency in order to verify your identity and to provide the Services to you. You agree and hereby authorize StitchCredit to provide your personally identifiable information (or, if applicable, information about any minor children you have enrolled) to third parties as provided in our Privacy Policy (https://www.stitchcredit.com/privacy-policy), as may be amended from time to time, in order to provide the Services to you (and to those children you have enrolled). You further authorize StitchCredit to obtain information and reports about you (or about any children you have enrolled, if applicable) in order to provide the Services, including, but not limited to, credit monitoring services, credit reporting, identity monitoring, fraud resolution services, restoration services, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.
2. While enrolling for the Services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, driver’s license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our Services, and to fulfill our obligation to provide our Services to you, including communicating with third parties as necessary to provide such Services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.
3. You agree that you will use the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.
4. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STITCHCREDIT AND ITS DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, STITCHCREDIT AND ITS DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE SERVICES OR THE DATA THEREIN.

• The Services are not intended as a substitute for consumer reports or other information that may be available to You without charge. Under the Fair Credit Reporting Act, You are entitled to obtain one free credit file disclosure annually from each of the three nationwide credit reporting systems (Equifax, Experian, and TransUnion) and You may be eligible for additional free reports under certain circumstances, such as, if You are unemployed and intend to apply for employment, if You are receiving public welfare assistance, if You have reason to believe information in Your file is inaccurate as a result of fraud, if You have placed a fraud alert or extended fraud alert on Your file, or if You have been subject to an adverse action based in whole or in part on the contents of Your consumer report.
• You also may be entitled to free file disclosures under state law. MA, VT, CO, MD, ME and NJ permit consumers to obtain one credit file per credit reporting agency per year, free of charge. GA permits consumers to obtain two credit files per credit reporting agency per year, free of charge.
• NOTICE TO ILLINOIS RESIDENTS: MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM GOVERNMENT AGENCIES. 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.
• This 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.

• Identity theft coverage is governed by a master policy the terms of which are incorporated herein by reference. The issuance of the policy is evidenced by a coverage certificate, summary of benefits, or other similar documents, that has been provided to You. You acknowledge receipt of this information and agree to be bound by the terms, conditions, limitations, and exclusions of the policy. To view these Terms and our website, You must use a supported browser. You may obtain a paper copy of these disclosures by calling 1-877-304-3349. Not all Services include this coverage.

• UNLESS EXPLICITLY STATED, Secure Identity Systems MAKES NO EXPRESS or IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH its SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

• TO THE EXTENT PERMITTED BY APPLICABLE LAW, SECURE IDENTITY SYSTEMS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES, ARISING OUT OF OR RELATING TO OR RESULTING FROM THE INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER SECURE IDENTITY SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). NOTWITHSTANDING THE FOREGOING, THE AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO SECURE IDENTITY SYSTEMS' SERVICES SHALL BE LIMITED TO THE AMOUNTS PAID TO SECURE IDENTITY SYSTEMS FOR THE SERVICES THAT ARE THE BASIS FOR THE CLAIM.

• These Terms and Conditions of Services, shall be governed in accordance with the laws of the state of Tennessee, without regard to its principles of conflict of laws.

• Any waiver of Secure Identity Systems’ rights under these Terms and Conditions of Service must be in writing, signed by Secure Identity Systems, and any such waiver shall not operate as a waiver of any future breach of these Terms and Conditions of Service. In the event any portion of these Terms and Conditions of Service is found to be illegal or unenforceable, such portion shall be severed from these Terms and Conditions of Service, and the remaining terms shall be separately enforced. All use of the Services by Members shall comply with all applicable laws, rules, and regulations.

• © 2018 Secure Identity Systems, LLC. All rights reserved. Secure Identity Systems, the Secure Identity Systems LOGO, the SECURE IDENTITY SYSTEMS “S”, Total IDENTITY MONITORING, SECUREMOBILE and STEALTHTYPE are trademarks or federally registered trademarks of Secure Identity Systems LLC. The following are trademarks of third parties: Equifax is a registered trademark of Equifax, Inc.; Experian is a registered trademark of Experian, Inc.; TransUnion is a registered trademark of TransUnion, LLC; Android, Google, and Google Play are trademarks of Google Inc.; Apple, the Apple logo, and iPhone are trademarks of Apple Inc.; and other trademarks are trademarks of their respective owners. The STEALTHTYPE software is provided to You by us under a license from StrikeForce Technologies, Inc.

If You have any questions, please contact us via email at support@secureidentitysystems.com or via postal mail at: