Terms & Conditions

Please read the terms and conditions carefully. Please call Ascente Business Consulting, LLC DBA LibertyID (“LibertyID” “our”) Customer Service at the telephone number listed at the end of these Terms and Conditions if you have any questions. LibertyID may use any third-party service provider to provide any LibertyID products and services as provided in these Terms and Conditions.

  1. Eligibility

These Terms and Conditions (“Terms and Conditions”) apply to all transactions between you and LibertyID, including, without limitation, your access to and use of the www.LibertyID.com website and any information and resources available therein (“Website”), all transactions conducted through the Website, and your purchase of identity theft services and products offered by LibertyID (individually and collectively, “LibertyID Products and Services”). These Terms and Conditions also apply to your purchase of credit reports and related services by LibertyID and Liberty ID’s third-party providers as set forth in Section 2 below. Please note such third party providers may have additional terms and conditions and/or a privacy policy. If and when using such third party’s website, please carefully review such terms that apply in addition to these Terms and Conditions.

The Website is intended for users who are eighteen (18) years of age or older. LibertyID will only provide LibertyID Products and Services in conjunction with agencies and institutions in the United States, or territories where U.S. law applies (“Territory”). U.S. military and support personnel stationed in foreign countries are eligible for these services.

By using the Website, you represent and warrant that you are eighteen (18) years of age or older and that you agree to abide by these Terms and Conditions.

LibertyID Credit Products and Services, as defined in Section 2 below, are only available to residents of the United States and its territories.

  1. Credit Products and services
    1. Applicability of Terms and Conditions to Orders for Credit Products and Services

These Terms and Conditions are made between you and LibertyID and LibertyID’s third-party providers of the credit reports and related services (as defined in this Section 2 below) and apply to all transactions involving the credit reports and related services through the Website and any third-party provider website. By submitting your order, confirm your authorization for LibertyID’s third-party providers to obtain your consumer report (“Basic Report”), scores (“Scores”) and other enhancements to the Basic Report, and agree to these Terms and Conditions. For purposes of these Terms and Conditions, the term “Credit Reports and Services” includes the Basic Report, Scores and other enhancements to the Basic Report and related services, individually or collectively, as the context requires and as described in more detail in Section 2(b).

 

The Website is intended for users who are eighteen (18) years of age or older. Credit Reports and Services are only available to residents of the United States and its territories. LibertyID and its third-party providers will only provide Credit Reports and Services in conjunction with agencies and institutions in the United States, or territories where U.S. law applies (“Territory”). By using the Website, you represent and warrant that you are eighteen (18) years of age or older, that you agree to abide by these Terms and Conditions and that you are a resident of the United States.

    1. Description of Credit Reports and Services
      1. Should you become a victim of identity theft and begin the LibertyID restoration process, Credit Reports and Credit Scores are provided annually by LibertyID’s third-party provider once you successfully complete the authentication process. Credit Reports and Credit Scores can be accessed for up to 180 days after the delivery date. Scores are calculated at the time the score is requested and will change over time as information in your credit file changes. There are many different scoring models in the marketplace and each may have a different scale and use different factors. Additional credit reports and scores can be purchased and will also be available for access for up to 180 days.
      2. Credit Monitoring is provided by LibertyID’s third-party providers once you successfully complete the authentication process and will provide credit monitoring and credit alerts in the event of changes to your credit file.

All Credit Reports and Services offered by LibertyID’s third party providers are subject to these Terms and Conditions, which may be updated from time to time. Please check this Website regularly for updates to these Terms and Conditions.

    1. Use of the Credit Products and Services

In consideration of your use of the Credit Products and Services, you agree to provide true, accurate and current information about yourself as prompted by the application form. You certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if LibertyID or its third-party providers have reasonable grounds to suspect that such information is untrue, inaccurate or not current, LibertyID or its third-party providers, at their sole discretion, have the right to suspend or terminate your use of any Credit Products and Services and refuse all current or future access to use of the Credit Products and Services or suspend or terminate any portion thereof. Further, you agree that LibertyID and its third-party providers will not be liable to you or any third party if LibertyID or its third-party providers suspend or terminate your access to the Credit Products and Services for any reason.

LibertyID and its third-party providers obtain credit information used to prepare Credit Reports from the three national credit repositories (Equifax, Experian, TransUnion, collectively, the “CRA Repositories”). The Credit Reports provided are intended to furnish you with information that you may not otherwise have readily available to you, but should not be relied upon for important personal and financial decisions. You should consult your own professional adviser for specific advice tailored to your personal situation.

    1. Authentication of Identity

If you order Credit Reports and Services from LibertyID’s third-party providers, you will be required to authenticate your identity prior to accessing those Credit Reports and Services by correctly answering questions about your credit history and other information unique to you.

    1. Benefit Period for Credit Reports and Services

Your benefits begin on the effective date stated in a written confirmation of your order delivered to you by LibertyID and/or its third-party providers. The term or duration of your benefit period, including, without limitation, any renewal terms, if applicable, will be stated in a written confirmation of your order delivered to you by LibertyID and/or its third-party providers.

  1. Hardware/Software Requirements

As an online customer, you are agreeing to receive all notifications via email at the email address you provided to LibertyID upon enrollment or purchase of the LibertyID Products and Services and/or to LibertyID’s third-party providers upon enrollment or purchase of the Credit Products and Services. To ensure receipt of all notifications, you must timely update any change to your email address on file with LibertyID.

  1. Acceptance of Terms and Conditions

By using or visiting the Website you signify your agreement to be bound by these Terms and Conditions, LibertyID’s Security and Privacy Policy, incorporated herein by reference and available at www.LibertyID.com, and all laws and regulations applicable to the LibertyID Products and Services and information offered by LibertyID and its third-party providers, and, if you order Credit Reports and Services from LibertyID’s third-party providers, with all laws and regulations applicable to the Credit Reports and Services, whether or not you create an account, register as a member or purchase LibertyID and its third-party provider Products and Services and/or Credit Reports and Services. LibertyID may, in its sole discretion, modify these Terms and Conditions from time to time and such modified Terms and Conditions shall supersede any prior versions of the Terms and Conditions. Your continued use of the Website and/or purchase of LibertyID Products and Services constitutes your acceptance of such modifications and your subsequent use of the Website and LibertyID Products and Services shall be governed by the latest version of the Terms and Conditions. The Terms and Conditions are effective until terminated by LibertyID. In the event of termination, the LibertyID Intellectual Property, Disclaimer of Warranty; Limitations of Liability and Indemnification provisions set forth in these Terms and Conditions shall survive. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE OR ORDER OR USE ANY LIBERTYID OR ITS THIRD-PARTY PROVIDERS’ PRODUCTS AND SERVICES OR CREDIT REPORTS AND SERVICES.

  1. Description of Products and Related Services

Neither LibertyID nor its third-party providers shall be obligated or responsible for providing Products and Services or Credit Reports and Services for any request based on: (i) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you; (ii) authorized charges that you have disputed based on the quality of goods or services; (iii) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions; (iv) losses, damages or expenses arising out of any business pursuits; (v) losses, damages or expenses that were incurred or commenced prior to the effective date of your LibertyID Products and Services order confirmation or LibertyID third-party providers’ Credit Reports and Services; or (vi) theft, loss or damage related to, without limitation, traveler’s checks, tickets of any kind, negotiable instruments, cash or its equivalent, passports, documents or real property.

  1. What is a stolen identity event?

A stolen identity event is the theft of your personal identification, social security number, or other method of identifying you, including any personal information not generally available to the public, which has resulted or could reasonably be said to result, in the wrongful use of such information, including, without limitation, stolen identity events occurring on or arising out of your use of the Internet.

  1. Authentication of Identity

If your benefits include Credit Reports and Services ordered from LibertyID or LibertyID’s third-party providers or certain Products and Services, you will be required to authenticate your identity prior to accessing those Credit Reports and Services and certain Products and Services by correctly answering questions about your credit history and other information unique to you.

  1. LibertyID Product, Feature and Service Descriptions:

You will also receive a Summary of Benefits upon successful activation of your membership that references the products, features and services included in your membership.

  1. Recovery Services which are provided by LibertyID’s third-party provider Merchants Information Solutions, Inc. (“MIS”), who screens and hires all of the recovery specialists (“Recovery Specialists”) who serve in the Identity Theft Recovery Unit. Eligibility for recovery services is based on identity theft events that are discovered and reported to LibertyID during the eligibility period, which begins on the effective date shown on your Welcome Email. If you were the subject of a stolen identity event prior to the effective date of your enrollment for recovery services, you are not eligible to purchase the recovery services LibertyID Products and Services offered by LibertyID. If you are coping with a known identity theft event at the time of enrollment, you may call LibertyID’s Customer Service department to receive a quote on recovery services appropriate for your situation. Businesses are not eligible for recovery services benefits. LibertyID and MIS do not provide credit counseling or repair to credit that legitimately belongs to the primary member, their spouse or significant other. The successful completion of the recovery services described herein depends on the cooperation of the member. LibertyID reserves the right to refuse or terminate LibertyID Products and Services if it is deemed that the member is committing fraud or other illegal acts, making untrue statements, or failing to perform his/her portion of the recovery plan. LibertyID will not refuse or terminate services based solely on the complexity of the case.
  2. Lost Document Replacement Service provides assistance to you by a Recovery Specialist to cancel or replace lost documents such as credit cards, debit cards, licenses, passports and other government issued documents.
  3. SMS Text Alerts (SMS Text Alerts is a feature you can elect to activate during the enrollment process) provide the ability to receive critical Identity Alerts via a text message to your cell phone should you experience an identity theft and begin the identity theft restoration process.
  1. When Your LibertyID Products and Services Benefits Start

Your benefits begin on the effective date stated in a written confirmation of your order delivered to you by LibertyID.

  1. When Your LibertyID Products and Services Benefits End

Your benefit period, including, without limitation, any renewal terms, if applicable, will be stated in a written confirmation of your order delivered to you by LibertyID.

  1. Who is Covered for Full Family Remediation Services

The Full Family remediation component refers to the remediation services only. Your membership may not include the Full Family service. Please refer to the membership options you selected and the specific Summary of Benefits included with your membership for details. If your plan includes Full Family Remediation, the following definition applies: a qualifying family member shall mean the primary member’s spouse or domestic partner, the member’s dependents under the age of twenty-five (25) who have the same permanent address as the member, any handicapped adult living in the same household with the member who requires assistance from the family to manage their affairs, your parents and your spouse or partner’s parents including parents who have been deceased for twelve (12) months or less. If you request enrollment of a child, you will be required to verify your status as the child’s parent or guardian by providing documents reasonably requested by LibertyID, including, without limitation, the child’s Social Security card and birth certificate, valid proof of your identification and proof of your residence.

  1. Product Fees and Payment

Payments Based on your authorization, payments will be deducted from your elected payment method and the elected payment schedule you selected during the enrollment. If you selected an annual membership and payment option, your membership will be automatically renewed on the anniversary of your enrollment date and payment will be automatically deducted from your payment method elected during enrollment. With sixty (60) days prior written notice to you at the email address on file for the primary member, LibertyID reserves the right to adjust the pricing. You are under no obligation to continue the program (see Cancellation below).

Cancellation – If you wish to cancel your plan, please call the customer service number shown below. If you are paying monthly, your plan will be cancelled at the end of the month in which the cancellation request is received. If you selected to pay annually, your plan will be cancelled at the end of the month in which the cancellation request is received and we will refund any unused portion of the annual payment. You are responsible for making payment for the months during which benefits are in effect.

Lapse for Non-Payment If payment is not received on the due date for the benefit period you elected, a notice of cancellation (“Notice of Cancellation”) will be sent by email to the email address on file for the member each day for ten (10) days. If payment is not received within ten (10) days after the initial Notice of Cancellation is sent, the plan will be terminated, effective on the last day of the month for which payment has been made. LibertyID reserves the right to cease Recovery, Products and Services at the point at which the plan is terminated for non-payment.

  1. Use of the Website and Products

You understand and agree that your access to and use of the LibertyID Website and the MIS Identity Care Account Website and Products and Services (“Websites and Products”) is subject to the following terms:

You agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling or have enrolled. If LibertyID determines or reasonably suspects that any information you provided is false, incomplete or inaccurate, LibertyID and its third-party providers may, in their sole discretion, suspend or terminate your access to and use of the Websites and Products and block all future access to and use of the Website and Products. You further agree that LibertyID will not be liable to you, your minor children or any other person if LibertyID suspends or terminates your access to and use of the Website and Products;

  1. You agree not to copy, post, publish, broadcast, display, distribute or otherwise make available the Website, in whole or in part, in any medium, form or format, now known or later developed, without LibertyID’s prior written authorization;
  2. You agree that the Website and LibertyID’s Products and Services are provided solely for your personal use;
  3. You agree not to alter, modify or reverse engineer or compile any part of the Website, including, without limitation, LibertyID’s Products and Services, software programs and applications provided through the Website;
  4. You agree not to sell access to the Website;
  5. You agree not to provide unauthorized access to the Website. Access to and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
  6. You agree not to access or attempt to access any portion of the Website to which you have not been granted access, including, the private account information of other users of the Website. Access to and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
  7. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers” that access the Website in a manner that sends more requests to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional online browser;
  8. You agree not to harvest or collect email addresses or other personal and financial information of other users from the Website by electronic or other means for the purposes of sending unsolicited communications or improper or illegal activities;
  9. You agree not to use the Website in any manner that could damage, disable, overburden or impair the Website;
  10. You agree not to upload, post, transmit, share or otherwise make available material that is obscene, pornographic, offensive, discriminatory, false, harmful, harassing, defamatory, libelous or violates the rights of any third-party, including, without limitation, trade secret, patent, copyright, trademark, privacy or publicity;
  11. You agree not to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  12. You understand and agree that by purchasing the LibertyID Products and Services you are providing “written instructions” in accordance with the Fair Credit Reporting Act, as amended from time to time (“FCRA”), for LibertyID and its third-party providers to access and obtain your personal credit information, and the personal credit information of any minor(s) you have enrolled, from any or all of the credit reporting companies for the purpose of verifying your and any enrolled minor(s)’ identity and to provide the LibertyID Products and Services and any services or functions related thereto and LibertyID’s business; and
  13. You agree to use the Website in a manner that complies with all applicable local, national and international laws and regulations.
  1. Representations and Warranties

You represent and warrant to LibertyID that: (i) you have the full power and authority to enter into and perform your obligations under this agreement; (ii) your assent to and performance of your obligations under this agreement does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) all information provided by you on your account is accurate and current and will be updated by you to remain current; (iv) this agreement constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (v) you will comply with all applicable laws, rules and regulations in your use of the services, as well as the agreed upon terms of this agreement; and (vii) you understand and acknowledge that LibertyID may terminate this agreement at any time in its sole discretion.

  1. Modification of the Website and LibertyID Products and Services

LibertyID may at any time, in its sole discretion, with or without notice to you, modify or discontinue providing the Website or any of the LibertyID Products and Services or any portion thereof. You agree that LibertyID will not be liable to you, any minors enrolled in the Website or LibertyID or its third-party providers’ Products and Services or any other person for any modification or discontinuance of the Website or LibertyID Products and Services.

  1. Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND LIBERTYID AND ITS THIRD-PARTY PROVIDERS’ PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. LIBERTYID AND ITS THIRD-PARTNER PROVIDERS AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, THAT THE WEBSITE AND PRODUCTS AND SERVICES ARE FREE FROM BUGS, VIRUSES, HACKERS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR PRODUCTS AND SERVICES WILL BE RELIABLE. THE INFORMATION CONTAINED IN THE WEBSITE, THE PRODUCTS AND SERVICES OR OTHER MATERIALS YOU MAY RECEIVE FROM LIBERTYID AND ITS THIRD-PARTY PROVIDERS DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. IN CONNECTION WITH YOUR PURCHASE AND USE OF THE PRODUCTS AND SERVICES, YOU ARE EXPECTED TO TAKE REASONABLE PRECAUTIONS, INCLUDING, WITHOUT LIMITATION, PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER PERSONALLY IDENTIFYING INFORMATION. LIBERTYID AND ITS THIRD-PARTY PROVIDERS’ PRODUCTS AND SERVICES DO NOT CONSTITUTE A CONTRACT OF INSURANCE. LIBERTYID DOES NOT GUARANTEE THE ACCURACY OF LIEN, JUDGMENT, INVESTMENT, OR CRIMINAL SEARCHES IT MAY PERFORM ON YOUR BEHALF. LIBERTYID ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE WEBSITE OR PRODUCTS AND SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE OR PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY PERSON OR ENTITY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR PRODUCTS AND SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, PRODUCTS OR SERVICES OR ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE OR THE PRODUCTS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIBERTYID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. LIBERTYID DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY OTHER PERSON OR ENTITY, WHETHER OR NOT A SUPPLIER, THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND SUPPLIERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. Use of the Website and Products

The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.

The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:

  1. You have been denied credit, insurance or employment in the past sixty (60) days as a result of your report
  2. You certify in writing that you are unemployed and intend to apply for employment in the sixty (60)-day period beginning on the day you make the certification
  3. You are a recipient of public welfare assistance
  4. You have reason to believe that your file at the agency contains inaccurate information due to fraud

The FCRA allows consumers to get one (1) free comprehensive disclosure of all of the information in their credit file from each of the three (3) national credit reporting companies (Experian, Equifax, and TransUnion) once every twelve (12) months through a central source. Georgia residents can receive two (2) disclosures per year. Although comprehensive, the credit reports from each of the three (3) national credit reporting companies that are available from LibertyID may not have the same information as a credit report obtained directly from the three (3) national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. LibertyID’s Products are not related to the free FCRA disclosure that you are or may be entitled to.

The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from LibertyID to dispute inaccurate or incomplete information in your credit file or to receive a copy of your consumer disclosure.

The credit reports you are requesting from LibertyID and its third-party providers are not intended to constitute the disclosure of the credit reporting company’s information required by the FCRA or similar state laws. The credit reporting company’s disclosure report must be obtained directly from the credit reporting company by contacting the credit reporting company as show below:

Equifax: 1-877-576-5734 www.equifax.com 
Experian: 1-888-397-3742 www.experian.com/fraud 
TransUnion: 1-800-680-7289 www.transunion.com

  1. LibertyID Intellectual Property

You acknowledge and agree that the Website and LibertyID Products and Services, including, without limitation, formulae, specifications, pricing, content, applications, trademarks, graphics, photographs, information, software, including, without limitation, source and object code, scripts, promotions, events, programs and interactive features provided by or for LibertyID, whether in whole or in part, (individually and collectively, “LibertyID Intellectual Property”) is owned by and the exclusive property of LibertyID or its licensors, subject to trademark, copyright patent, trade secret and other intellectual property rights and laws. You further agree that you have no right, title or interest in LibertyID Intellectual Property and that you shall not use any LibertyID Intellectual Property without LibertyID’s prior written consent. You hereby grant to LibertyID and its third-party providers a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid-up, right and license to use, copy, modify, transfer and distribute your personal information to provide the Products and Services and in connection with LibertyID business operations.

  1. Indemnification

You agree to defend, indemnify and hold harmless LibertyID, its officers, directors, members, managers, employees, agents, predecessors, successors, insurers, and assigns for, from and against any and all claims, damages, obligations, losses, liabilities, judgments, costs, penalties, fees, fines, interest, debt and expenses (including, without limitation, attorneys’ fees and expert witness fees) arising from: (i) your use of and access to the Website and the Products and Services; (ii) your violation of any provision of these Terms and Conditions; and (iii) your violation of any law or other regulation or any third-party right, including, without limitation, any trade secret, patent, copyright, trademark, property, publicity or privacy right. This indemnification obligation shall survive the termination of these Terms and Conditions and the termination of your use of the Website and Products and Services.

  1. Miscellaneous

You agree that: (i) the Website and provision of LibertyID Products and Services shall be deemed solely based in Colorado; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over LibertyID, either specific or general, in jurisdictions other than Colorado. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of laws principles. LibertyID and you agree that the state and federal courts located in Denver County, Colorado shall have jurisdiction over any claim or dispute that arises from the Website or LibertyID Products and Services and that venue in such courts is proper. LibertyID and you further agree to waive any objection or defense to jurisdiction and venue in the state and federal courts located in Denver County, Colorado. These Terms and Conditions, together with LibertyID’s Security and Privacy Policy and any other legal notices published by LibertyID on the Website shall constitute the entire agreement between you and LibertyID. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect and LibertyID shall replace the invalid provision with a substitute provision consistent with then-current law and the original intent of the provision. The rights of LibertyID under these Terms and Conditions shall inure to the benefit of LibertyID, its successors and assigns. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Website, LibertyID Products and Services or otherwise, these Terms and Conditions will control. The section headings are for convenience only and do not have any force or effect. You and LibertyID agree that any cause of action arising out of or related to the Website or Products and Services must be commenced within one (1) year after the cause of action accrues. LibertyID shall have the right to seek temporary, preliminary and permanent injunctive relief, in addition to, and not exclusive of, any and all other remedies available to LibertyID, against you to protect LibertyID’s rights under these Terms and Conditions. LibertyID shall be entitled to seek an award against you of attorneys’ fees, expert witness fees and costs incurred by LibertyID in connection with any dispute arising from or in connection with these Terms and Conditions.

LibertyID Customer Service Toll Free: 844-44-LIBERTY (844-445-4237)