TERMS OF BLOG SITE USE
These Terms of Use and Privacy Policy set forth the conditions under which you may access and use the Experian® Health Blog Site (“Blog”). The Blog is owned and operated by ConsumerInfo.com, Inc. (“CIC”), an Experian company and is made available to you only for the educational purpose of providing general information and general understanding of data breaches, data breach resolution and identity theft. As such, you should seek professional advice where appropriate. CIC does not assume any responsibility for the accuracy of the information contained on the Blog. You must be 13 years of age to use the Blog and to post comments. Users accept full responsibility for their postings. The Experian Data Breach Resolution Blog site is moderated by CIC and CIC reserves the right to edit, remove, or refuse postings that are off-topic, defamatory, libelous, offensive, or otherwise deemed to be inappropriate in the sole discretion of CIC. The Experian Blog Site is available to the public and no confidential information should be posted to this Blog Site at any time.
THIRD PARTY SITES
The Site may provide links to other web sites. Because CIC has no control over such sites and resources, you acknowledge and agree that CIC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, terms of service, privacy policies or other materials on or available from such sites or resources.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT CIC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CIC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, CO-BRANDERS AND PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ON YOUR BEHALF OR MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER MATERIALS TO THE SITE, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
NO WARRANTY BY CIC; DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, OR NONINFRINGEMENT. CIC SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR OTHER MATERIALS OR INFORMATION POSTED ON THE SITE.
CIC does not represent nor warrant that the Site, or the server that makes it available, is free of viruses or other harmful components. By use of the Site, you assume the entire cost of any necessary servicing, repair, or correction of your equipment or property. CIC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the Site.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, CIC disclaims all liability, whether based on contract, tort (including without limitation negligence), strict liability or otherwise. Neither CIC nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or browsing in, or inability to access, use or browse in, the Site, Content, even if CIC has been advised of the possibility of such damages. Without limiting the foregoing, CIC’s aggregate liability arising out of or in connection with these Terms and Conditions and your use of the Site shall not exceed $100.
SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.
TERMINATION OR RESTRICTION OF ACCESS
You agree that CIC may, in its sole discretion and without notice or liability to you or any third party, immediately terminate your access to the Site. Grounds for such termination shall include without limitation (a) breaches or violations of the law, Terms and Conditions, or other agreements, rules or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated deletions) or CIC’s decision to remix the participants, (d) discontinuance or material modification of the Site (or any part thereof), (e) unexpected technical or security issues or problems, or (f) extended periods of inactivity.
Termination of your access may include without limitation, at CIC’s sole discretion, (a) the deletion of all of your Profile Data, User Materials, Submissions, other content and points or participation incentives earned or potentially earned (or any part thereof), and (b) barring further access.
JURISDICTIONAL STATEMENT
These Terms and Conditions and your access to, use and browsing of the Site are governed by California law without regard to its conflict of law provisions. Any claim related to the Site or these Terms and Conditions must be brought in a federal or state court in Los Angeles County, California, within one (1) year after such claim or cause of action arose or be forever barred. You consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this policy.
CIC controls the Site from its offices within the United States of America, and the Site is intended for use only in the United States of America. CIC does not represent that the materials on the Site are appropriate or made available for use outside of the United States of America. You acknowledge and agree that you access the Site of your own volition and are responsible for compliance with applicable local laws.
INTELLECTUAL PROPERTY RIGHTS
The Site and its Content, including without limitation all text, images, graphics, icons, media, software, data, questions, posts, User Materials, Submissions and Trademarks contained thereon (the “Content”), is either the property of, or used with permission by, CIC and is protected by United States and international copyright, trademark, and other applicable laws. You agree that as between CIC and you, all right, title and interest in and to the Site and Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how and all other intellectual property rights, are owned exclusively by CIC or its licensor and are protected by United States intellectual property and other applicable laws.
You agree that you will not use or disclose any of the Content for any unauthorized purpose. Unauthorized use of any Content, including without limitation images of people, places and things displayed on the Site, may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No material from the Site may be copied, reproduced, republished, posted, transmitted, rented, leased, loaned, sold, or distributed in any way, for public or commercial purposes. Use of the materials for any other purpose may be a violation of CIC’s or others’ intellectual property rights.
You agree that the trademarks, logos, icons, slogans, phrases and service marks displayed on the Site, including without limitation, Experian® , Freecreditreport.com®, ProtectMyID.com®, Freecreditscore.comTM (collectively the “Trademarks”) are the registered and unregistered Trademarks of CIC and others. Nothing contained on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the prior written permission of CIC or such third party that may own the Trademark. Third party trademarks used in the Site do not constitute or imply any affiliation with, or endorsement or recommendation of, CIC or such third parties. You are advised that CIC will aggressively enforce its intellectual property rights to the fullest extent of the law.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CIC may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CIC’s Copyright Agent a Notice containing the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site (providing URL(s) in the body of an email is the best way to help CIC locate content quickly);
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
CIC’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Mailing Address: Attn: Corporate Counsel – DMCA Complaints
ConsumerInfo.com, Inc. 18500 Von Karman Avenue, Suite 400
Irvine, CA 92612 Telephone: 1-949-567-3800 Fax: 1-949-242-2938 E-Mail: copyright@consumerinfo.com
ENTIRE AGREEMENT
These Terms and Conditions and the Site’s Privacy Policy constitute the entire Agreement between CIC and you in connection with your access to, use of, participation in, or browsing in the Site, and your Submission of User Materials. These Terms and Conditions supersede any prior versions of the Terms and Conditions, if applicable. CIC may update these Terms and Conditions from time to time by posting revised Terms and Conditions on the Site, without notice to you, and your subsequent use of the Site and/or Content is governed by the revised Terms and Conditions. The Terms and Conditions are effective until terminated by CIC. In the event of termination, the Intellectual Property Rights, Indemnity, Disclaimers, and Limitation of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between these Terms and Conditions and any other notice, policy, disclaimer or other term contained in the Site or otherwise, these Terms and Conditions will control.
If any provision of these Terms and Conditions is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. CIC’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The section headings are for convenience only and do not have any force or effect. There are no third party beneficiaries to these Terms and Conditions.