Intellectual Property Ownership
Trademarks, Copyrights and Restrictions: ITFS, the ITFS logo, and ITFS Restore 360 are trademarks of ITFS. Everything you see in any promotional materials is copyrighted by ITFS unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All promotional materials are protected by copyrights, which are owned or licensed by ITFS. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any ITFS information without the express, written consent of ITFS.
Choice of Law
This Agreement shall be construed and controlled by the laws of the state of Florida. Any dispute concerning or breach of the terms of this Agreement will be governed by the laws of the state of Florida.
No Web Site Warranties
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ITFS TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ITFS DISCLAIMS ANY AND ALL SUCH WARRANTIES.
Website Links
ITFS shall not be responsible for the content of any Web sites to which this Web site provides links.
Indemnification
You agree to indemnify, defend and hold ITFS and any of its affiliates and all of their agents, directors, employees, information providers and licensors and licensees harmless from and against any and all liability and costs (including attorneys’ fees and costs) incurred by any of these parties in connection with any claim arising out of any breach by you of these terms and conditions. In the event that either (a) you are the subject of claims for which you properly seek damages from us under these terms and conditions, or (b) we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims in clause (a) and at your expense in the case of claims in clause (b), to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent.
Entire Agreement/Modification
These Terms of Use constitute the entire agreement between ITFS and the Participant with respect to the Participant’s use of this Web site. This agreement supersedes any and all other agreements, either oral or written, between the Participant and ITFS with respect thereto. ITFS may, from time to time and at its sole discretion, modify, amend, or otherwise alter the terms and conditions of these Terms of Use and the content of this Web site. The terms and conditions in effect at the time of the Participant’s use of this Web site shall govern such use.
Arbitration
The Participant agrees to have any unresolved claim or dispute submitted to binding arbitration for resolution. Such arbitration shall take place in Orlando, Florida, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at that time.
Change of Terms
We may revise this Agreement at any time. However, we may not make any changes retroactive. We will notify you of any changes at the e-mail address or mailing address associated with your account. If you do not contact ITFS and express your objection to our changes within thirty (30) days of receiving this notice, you shall be deemed a continuing use client and agree to be bound by any such revisions. If you fail to comply with any of these terms and conditions, we may at any time terminate your rights under this agreement.
Cancellation
Annual Basis Membership
Cancellations requested within the first 30 calendar days of signing up with ITFS- a full refund will be given. All cancellations must be received in writing and either mailed to 400 Colonial Center Pkwy., Suite 120, Lake Mary, FL 32746 or emailed to customerservice@idtfsmail.com
Cancellations requested after 30 calendar days of service with ITFS – no refunds will be granted after 30 days, however, all cancellation requests must still be received in writing and either mailed to 400 Colonial Center Pkwy., Suite 120, Lake Mary, FL 32746 or emailed to customerservice@idtfsmail.com
Miscellaneous
These terms and conditions may not be altered, supplemented, or amended by you by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for the Service which is subject to additional or altered terms and conditions will be null and void, unless agreed to in writing and signed by you ITFS. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference will be derived therefrom. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision.
Description of Subscriber Obligations
You agree that you are only providing your own personal information and not the information of any other individual. You agree that the information you provide during the registration process and any subsequent information you provide to ITFS will be true, accurate, and current. YOU ARE OBLIGATED TO CONTACT ITFS MEMBER SERVICES IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED ITFS HAS CHANGED.
You agree that you are eighteen (18) years of age or older.
You agree to pay us the fee we publish for our Service, less any discounts to which you may be entitled.
Agreement Assent
YOU AND IDENTITY THEFT FRAUD SOLUTIONS HAVE ENTERED INTO THIS AGREEMENT, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR VIA PHYSICAL COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THE AGREEMENT. IN THE FUTURE, YOU AGREE TO BE BOUND TO THESE SPECIFIC TERMS AND CONDITIONS OF SALES, AND MODIFICATIONS TO THIS AGREEMENT, BY CONTINUING TO USE OUR SERVICE AFTER WE HAVE NOTIFIED YOU OF THOSE TERMS AND CONDITIONS. NOTIFICATIONS, OR ANY OTHER COMMUNICATIONS, INCLUDING BILLING, PAYMENT, AND/OR DISCLOSURES WILL BE MADE VIA THE MAIL, TELEPHONE, OR EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. THIS AGREEMENT MAY BE PRINTED OR RETAINED BY YOU FOR FUTURE REFERENCE.
Acknowledgment
The Agreement, including all documents referred to herein, represents the entire understanding between you and ITFS regarding your relationship with ITFS and supersedes any prior statements or representations. When using or purchasing the ITFS Service, you agree to be bound by these terms and conditions. Thank you for your business.