Welcome to the Kroll Information Assurance, Inc. (referenced further as “Kroll,” “we,” “us” and “our”) web portal (“Portal”). The Terms of Use (“TOU”) outlined on this page apply only to the consumer portal of the Identity Theft & Breach Notification practice of Kroll. Please note that Kroll may update and amend this Agreement from time to time as Kroll deems necessary, in its sole discretion, and without prior written notice to you.
DO NOT USE THIS PORTAL IF YOU DO NOT AGREE WITH THESE TERMS. Kroll reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement, or to change or delete any features of this Portal, at any time, with or without prior notice to you. Such modifications, alterations, and updates of this Agreement shall be effective immediately upon posting upon the Portal. You agree to be bound by such modified, altered and updated terms if you access or use this Portal after Kroll has posted notice of modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS PORTAL AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED.
PRIVACY
Personal information, as described in the Privacy Notice and the Subscriber Terms and Conditions (“Terms and Conditions”), and other information about you that you may submit or provide to Kroll through this Portal is subject to the Privacy Notice and the Terms and Conditions, and is incorporated into this Agreement. In addition, by using this Portal you expressly consent to Kroll collecting personal information and other information about you, as more fully provided in the Privacy Notice and the Terms and Conditions.
USE OF THIS PORTAL AND INTELLECTUAL PROPERTY RIGHTS
Kroll controls and (either itself and/or through its third party hosts) operates this Portal. All content on this Portal, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of Kroll or its Third Parties, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is owned and controlled by Kroll, its affiliated or related entities, or the Third Parties that have licensed or otherwise made available their content or the right to market their products and/or services to Kroll.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Portal, including, but not limited to, any logos, images or characters, meta tags or similar code, or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of Kroll, or otherwise incorporate into another Portal any of the content or other materials on this Portal, without Kroll's express prior written consent. You may not deep link to any page or portion of this Portal without Kroll's prior written consent.
Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of content, copyrights, trademarks, service marks, or other intellectual property on this Portal, except as authorized by this Agreement, is considered intentional Infringement.
USER'S RESPONSIBILITIES
You warrant and represent to Kroll that you will not use this Portal for any purpose that is unlawful, illegal or prohibited by this Agreement, including, without limitation, the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these responsibilities, your permission to use this Portal immediately terminates without the necessity of any notice by us to you. Kroll, at its sole discretion, retains the right to deny access to this Portal to anyone for any reason, including for violation of this Agreement.
You agree that any information that you provide will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or Kroll has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), Kroll has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future use of, this Portal.
PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Portal, and you agree not to use or permit others to use this Portal, without limitation, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Portal's infrastructure or resources, including, but not limited to, sending or promoting the distribution of "spam," "junk mail," chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to Kroll's information technology systems, environments, networks, files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;
(c) access or attempt to access Kroll's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Portal;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this Portal or Kroll's, its affiliated or related entities' or the Third Party’s systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service's resources, attempts to "crash" a host, and/or modifying or rerouting any content or services provided at this Portal;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this Portal;
(g) upload, post, e-mail or otherwise transmit any information, content, or proprietary rights that you do not have a right to transmit under this Agreement, any law or other contractual or fiduciary relationships; and/or
(h) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor or copy Kroll's Portal pages or the content.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, GOVERNING LAW AND JURISDICTION, AND INDEMNIFICATION
Provisions relating to the disclaimer of warranties, limitation(s) of liability, governing law and jurisdiction, and indemnification are governed by the Terms and Conditions, which terms are incorporated into and govern our relationship with you under these Terms of Use.
USE OF THIS PORTAL AT YOUR OWN RISK
YOUR USE OF THIS PORTAL IS AT YOUR OWN RISK. YOU (AND NOT KROLL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR COMPUTER, NETWORK AND/OR SYSTEM.
RIGHT TO REPORT WRONGDOING
Kroll reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies.
GENERAL PROVISIONS
Kroll's failure to act with respect to a breach by you or others does not waive Kroll's right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. You and Kroll are dealing at arms' length, creating a commercial relationship. Kroll is not your agent, representative or fiduciary. The provisions and conditions of this Agreement, and each obligation referenced herein, represent the entire Agreement between Kroll (including the Third Parties), its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between this Agreement and any future published terms of use or understanding, the last published Agreement shall prevail.
KROLL RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.