THESE ARE THE TERMS OF OUR AGREEMENT WITH EACH OTHER. ALL OF IT IS IMPORTANT SO TAKE A FEW MINUTES TO READ IT CAREFULLY. BY ENROLLING AND USING PATRIOTIC ID’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS AND CONDITIONS YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” TO PATRIOTIC ID LLC, TRANSUNION (WITH RESPECT TO TRI-BUREAU SERVICES) AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, THIRD PARTY DATA PROVIDERS, AND ALL OTHER CREDIT REPORTING AGENCIES UNDER THE FAIR CREDIT REPORTING ACT (FCRA), AS AMENDED, INCLUDING, WITHOUT LIMITATION, 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 SUCH NATIONAL CREDIT REPORTING AGENCY IN ORDER TO VERIFY YOUR IDENTITY AND TO PROVIDE THE SERVICES TO YOU.
3. PRIVACY AND INFORMATION SHARING
4. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
- OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PATRIOTIC ID NOR ITS AFFILIATES OR ANY THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, PATRIOTIC ID AND ITS AFFILIATES AND OUR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO, AND USE OF, OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND/OR CONTENT ARE AT YOUR OWN RISK. BY USING OUR SERVICES AND OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER PATRIOTIC ID NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- We are not a credit repair organization, or similarly regulated organization under other applicable laws, and do not provide credit repair advice.
- Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
- If you use the SSN Trace services, you represent and warrant to us that you will use such services (or any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.
5. LIMITATION OF LIABILITY
SUBJECT TO SECTION 4 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES AND AFFILIATES, AND OUR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES OR SITE;
- ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- THE LIMITATIONS ON OUR LIABILITY TO YOU IN SECTION 4 ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
6. PAYMENT AND BILLING
In the event that we bill you directly (that is, you are not billed by one of our third party service providers), you agree that you will make any required payments to us on a timely basis on a monthly or annual basis (as determined by you when you enroll). You authorize us to bill your credit card or other account that you have designated, unless you tell us in advance to cancel your order. In the case of direct payment, you authorize us to: (1) charge your credit card, (2) automatically charge your credit card on a monthly or annual basis for your recurring monthly or annual renewals, as the case may be, and (3) obtain automatic updates for any expiring credit cards you have provided Patriotic ID. Monthly or annual fees and renewal fees will be billed at the rate agreed to upon purchase. At cancellation, your Patriotic ID account will be de-activated and you will no longer be able to log into our Site and/or have any access to the Services. Except in the case of annual subscription commitments you have agreed to, which shall be nonrefundable, as permitted by law, if you cancel, you agree that fees for the first month of Service and any start-up costs associated with setting up your account (“Start-up Costs”) shall be nonrefundable, as permitted by law. With the exception of any subscription commitments agreed by you, if you paid fees in advance for any period longer than one month, then you may, with the exception of fees for the first month of Service and any Start-up Costs, obtain a refund on a pro rata basis for the period remaining after you cancel.
7. UNSOLICITED IDEA SUBMISSION POLICY
When you provide us with comments, suggestions, or ideas (collectively, “Feedback”), such Feedback is not considered confidential and becomes the property of Patriotic ID. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.
8. INTERNATIONAL USE
Because you can access this Site and use the Services internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the United States or the country of your residence.
9. FAIR CREDIT REPORTING ACT
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws
Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) 322-8228 or by using the mail request form available at the central source Website.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. For Illinois residents, 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. Otherwise, a consumer credit reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM ANY OF THE CREDIT BUREAUS IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact such entities as follows:
Experian: 1-800-EXPERIAN (1-888-397-3742)
10. APPLICABLE LAW
We perform the Services through our corporate headquarters located in the State of Minnesota. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Minnesota, regardless of Minnesota conflict of laws. Subject to Section 11 below (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Hennepin County, Minnesota for any dispute or litigation arising out of, relating to, or the use or purchase of Services from Patriotic ID.
Notwithstanding any other agreement to arbitrate or other agreement between you and any third party associated with this relationship or the provision of the Services, both Patriotic ID and you agree that any dispute, controversy or claim arising out of, or relating to this Agreement or the relationship contemplated hereby, or any interpretation, construction performance or breach of this Agreement or the Services provided by Patriotic ID shall be settled by confidential arbitration, in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer Related Disputes) as then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed upon an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will, if practicable, render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on all the parties to the arbitration. Judgment may be rendered on the arbitrator’s decision in any state or federal court. Although the cost of the filing fee for the arbitration will be borne equally by you and Patriotic ID, all other expenses of the arbitration will be paid by the party who incurred them. In addition to, and separate and apart from, the above agreement to arbitrate, you also agree that you will not participate in any way in any class action in connection with any dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
13. YOUR PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
14. TERMINATION OF RELATIONSHIP
- If you want to terminate your legal agreement with us, you may do so, with or without cause, by (a) notifying us at any time and (b) closing your accounts for all of the Services which you use, where we have made this option available to you. Please contact us to close your account.
- We may at any time terminate our legal agreement with you with or without cause (and for any or no reason). We may also terminate our legal agreement with you if, among other reasons:
- we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the provision of the Services to you by us is, in our opinion, no longer commercially viable.
If we terminate your Service without cause, Patriotic ID will refund to you a pro rata portion of any fees already paid directly to Patriotic ID for the Services that have yet to be provided. If this Agreement has not been terminated, it shall continue indefinitely, and you shall pay the corresponding fees for the Services. When this Agreement terminates, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time while the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this termination and/or cessation, and the provisions of Sections 4, 5, 6 and 10-15, inclusive, shall continue to apply to such rights, obligations and liabilities indefinitely.
We are not responsible for delay or failure to perform due to causes beyond our reasonable control.
You may not use, frame or utilize framing techniques to enclose any Patriotic ID trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without Patriotic ID’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Patriotic ID or any third party.
The Site contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Patriotic ID and its subsidiaries, including but not limited to, the marks “Patriotic ID,” PID,” Eagle-Eye,” “Protector,” and others. Patriotic ID and the Patriotic ID product names referenced in the Site are either trademarks, service marks or registered trademarks of Patriotic ID or Patriotic ID’s third party service providers. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by Patriotic ID. No use of any Patriotic ID trademark may be made by any third party without express written consent of Patriotic ID. Other products and company names mentioned in the Site may be the trademarks of their respective owners.
No part of Patriotic ID’s Web Site may be reproduced, modified, or distributed in any form or manner without the prior written permission of Patriotic ID.
The images, text, screens, web pages, materials, data, content and other information (“Content”) used and displayed on the Site are the property of Patriotic ID or its third party service providers or suppliers and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Content within the Site, Patriotic ID owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Web Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Patriotic ID or the owner of the Content.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and update your information.
Effective June 25, 2021
A Summary of Yours Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to:Consumer Financial Protection Bureau
1700 G Street N.W.,
Washington, DC 20006.
You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance or employment — or take another adverse action against you — must tell you and give you the name, address and phone number of the agency that provided the information.
You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your “file disclosure”). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if: a person has taken adverse action against you because of information in a report; you are the victim of identity theft and place a fraud alert in your file; your file contains inaccurate information as a result of fraud; you are on public assistance; or you are unemployed but expect to apply for employment within 60 days. In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.
You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender.
You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete or unverifiable information. Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.
Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than ten years old.
Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need — usually to consider an application with a creditor, insurer, employer, landlord or other business. The FCRA specifies those with a valid need for access.
You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.
You may limit “prescreened” offers of credit and insurance you get based on information in your credit report. Unsolicited “prescreened” offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt out with the nationwide credit bureaus at 1-888-5-OPT-OUT.
You may seek damages from violators. If a consumer reporting agency, or in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
Identity theft victims and active duty military personnel have additional rights. For more information, visit www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact:
TYPE OF BUSINESS CONTACTS
Banks, savings associations, and credit unions with total assets of over $10 billion and their affiliates.
Bureau of Consumer Financial Protection
1700 G Street NW
Washington, DC 20006
Such affiliates that are not banks, savings associations or credit unions also should contact in addition to the Bureau:
Federal Trade Commission
Consumer Response Center — FCRA
Washington, DC 20580
TO THE EXTENT NOT INCLUDING ABOVE:
National banks, federal savings association, and federal branches/agencies of foreign banks
Office of the Comptroller of the Currency Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, TX 77010-9050
Creditors Subject to Packers and Stockyards Act
Nearest Packers and Stockyards Administration area supervisor
State member banks, branches and agencies of foreign banks (other than federal branches, federal agencies, and insured state branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act
Federal Reserve Consumer Help Center
P.O. Box 1200
Minneapolis, MS 55480
Small Business Investment Companies
Associate Deputy Administrator for Capital Access
United States Small Business Administration
409 Third Street, SW, 8th Floor
Washington, DC 20416
Nonmember Insured Banks, Insured State Branches of Foreign Banks, and Insured State Savings Associations
FDIC Consumer Response Center
1100 Walnut Street, Box #11
Kansas City, MO 64106
Brokers and Dealers Securities and Exchange Commission
100 F Street NE
Washington, DC 20549
National Credit Union Administration Office of Consumer Protection (OCP)
Division of Consumer Compliance and Outreach (DCCO)
1775 Duke Street
Alexandria, VA 22314
Federal Land Banks, Federal Land Bank Associations, Federal Intermediate Credit Banks and Production Credit Associations
Farm Credit Administration
1501 Farm Credit Drive
McLean, VA 22102-5090
Asst. General Counsel for Aviation Enforcement & Proceedings
Department of Transportation
400 Seventh Street SW
Washington, DC 20590
Retailers, Finance Companies and All Other Creditors Not Listed Above
FTC Regional Office for region in which the creditor operates or Federal Trade Commission:
Consumer Response Center — FCRA
Washington, DC 20580
Creditors Subject to Surface Transportation Board
Office of Proceedings, Surface Transportation Board
Department of Transportation
1925 K Street NW
Washington, DC 20423