EverSafe Terms and Conditions Agreement

THIS EverSafe TERMS AND CONDITIONS AGREEMENT (the "Agreement") between ElderScan, LLC, a Maryland limited liability company d/b/a EverSafe ("EverSafe"), and you ("you", "your" or "yours"), describes the terms under which you agree to use the EverSafe service (the "Service"), the EverSafe website www.EverSafe.com ("Website") and/or the EverSafe mobile application ("Mobile App"). Unless specifically provided otherwise, the terms "you", "your" and "yours" shall include all Users of the Service.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS THE TERMS AND CONDITIONS OF USE OF THE EverSafe SERVICE, THE WEBSITE AND THE MOBILE APP. THIS AGREEMENT INCLUDES AN AGREEMENT BETWEEN YOU AND EverSafe THAT ANY DISPUTES BETWEEN YOU AND EverSafe SHALL BE RESOLVED THROUGH BINDING ARBITRATION INSTEAD OF COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS IN THIS AGREEMENT, DO NOT ENROLL AS OR ON BEHALF OF A MEMBER OR USE THE WEBSITE OR MOBILE APP.

1. Definitions.

As used in this Agreement, the following capitalized terms shall have the meanings set forth below in this Section 1:

"Advocate" - shall mean an individual of at least eighteen (18) years of age who is appointed by the Member and/or, where permitted, the Subscribing Agent or other duly appointed Agent of the Member, as the case may be, for the purposes and subject to the terms and conditions set forth herein. The powers, authorities and permissions of an Advocate shall be limited as hereinafter described and as summarized in Exhibit A attached hereto.

"Agent" - shall mean an individual of at least eighteen (18) years of age who is appointed by the Member and/or, where permitted, the Subscribing Agent, as the case may be, for the purposes and subject to the terms and conditions set forth herein. The number of Members that may appoint a particular individual as an Agent may be limited as EVERSAFE deems necessary and appropriate in its sole discretion.

"Base Service Fee" - shall mean the fee charged for the Service as set forth in the Website and subject to change from time to time.

"Consumer Report(s)" - shall mean any credit report or credit data provided by a consumer reporting agency.

"Enrolling Party" - shall mean a self-enrolling Member of the Service, or Subscribing Agent who enrolls an individual as a Member of the Service in accordance with the terms and conditions set forth herein.

"Enrollment" - shall mean the process through which an individual shall become a Member of the Service. See Section 4 below. In no case shall Enrollment be completed or Service commence until such time as all conditions of Enrollment have been met to EverSafe's satisfaction, and EverSafe has confirmed completion of Enrollment. As part of the Enrollment of a Member, EverSafe may:

1. verify the identity of the Member, designated Agent(s), a Subscribing Agent and/or Advocate(s) and/or;

2. determine the capacity of the Member in any manner that EverSafe deems necessary and appropriate in its sole discretion and or;

3. verify the device being used as part of the Enrollment process in any manner that EVERSAFE deems necessary and appropriate in its sole discretion.

"Enrollment Requirements" - an individual is eligible to become a Member of the Service if such individual:

(a) is a natural person;

(b) is a resident of the United States;

(c) is over the age of eighteen (18) years old; and

(d) possesses a valid Social Security Number.

"Member" - shall mean an individual of at least eighteen (18) years of age whose financial records and Consumer Report(s) are the subject of the Service.

"Registration" - shall mean the process through which an individual shall register as a User of the Service, including the agreement of such individual to be bound by the terms and conditions of this Agreement as applicable. As part of the Registration process, EverSafe may verify the identity and/or determine the capacity of any User of the Service in any manner that EverSafe deems necessary and appropriate in its sole discretion. In addition, EVERSAFE may verify the device being used as part of the Registration process in any manner that EVERSAFE deems necessary and appropriate in its sole discretion. See Section 4 below. In no case shall Registration be completed until such time as all conditions of Registration have been met to EverSafe's satisfaction, and EverSafe has confirmed completion of Registration.

"Service" - shall mean the EverSafe service as hereinafter described.

"Service Providers" - shall include all third parties providing services to or on behalf of EverSafe in connection with the Service, including, without limitation, CSIdentity Corporation (“CSID”), Plaid Technologies, Inc. (“Plaid”), Yodlee, Inc., MX, Amazon Web Services and other third party hosting services businesses, and various credit reporting agencies, which may include TransUnion, Equifax and Experian. Service Providers shall also include any third-party service and/or data providers of a Service Provider.

"Subscribing Agent" - shall mean an individual of at least eighteen (18) years of age who enrolls another individual as a Member of the Service in accordance with the terms and conditions set forth herein. The number of Members that may be enrolled by a particular Subscribing Agent may be limited as EVERSAFE deems necessary and appropriate in its sole discretion.

"User of the Service" - shall include a Member who is deemed to have capacity by EverSafe pursuant to and in accordance with Section 4 below, and any Subscribing Agent, Agent(s), and/or Advocate(s). An individual must have a valid and working electronic mail (Email) address before he/she may be registered as a User of the Service.

2. Description of Service; Enrollment.

The EverSafe Service is a service that electronically scans financial records and/or Consumer Report(s) of its Members for suspicious activity. An individual meeting all Enrollment Requirements may self-enroll as a Member of the Service, or may be enrolled as a Member of the Service by a third party ("Subscribing Agent"); provided, however, that an individual may not self-enroll as a Member of the Service unless and until the individual is deemed to have capacity by EverSafe pursuant to and in accordance with Section 4 below.

A Subscribing Agent may enroll any individual who meets the Enrollment Requirements as a Member of the Service although EVERSAFE may limit the number of Members enrolled by a particular Subscribing Agent as EVERSAFE deems necessary and appropriate in its sole discretion. Subscribing Agents shall be required to certify during Enrollment whether or not the individual being enrolled has sufficient capacity, which may be verified by EverSafe as it deems necessary. See Section 4. If the individual does not have sufficient capacity, Subscribing Agent shall upon request furnish to EverSafe sufficient evidence of Subscribing Agent's authority to enroll the individual as a Member of the Service, including, without limitation, a Power of Attorney, valid court order, or other instrument satisfactory to EverSafe in EverSafe's sole and absolute discretion. In such case, the Service shall not commence until and unless sufficient proof of authority is provided by the Subscribing Agent to EverSafe. In all cases, EverSafe shall use reasonable efforts to confirm with a prospective Member such individual's desire to become a Member of the Service. If EverSafe is unable to so confirm the desire of the prospective Member for whatever reason, but the Subscribing Agent has provided sufficient proof of authority to enroll such individual as a Member of the Service, the individual may be enrolled as a Member of the Service by the Subscribing Agent subject to completion of Enrollment to EverSafe's satisfaction.

A Member who is deemed to have capacity by EverSafe, and/or an authorized Subscribing Agent of a Member, as the case may be, may appoint Advocate(s) and/or Agent(s) on behalf of the Member. A Member will be permitted to appoint a maximum number of Agents which number shall be in the sole discretion of EVERSAFE. The number of Members that may appoint a particular individual as an Agent may be limited as EVERSAFE deems necessary and appropriate in its sole discretion. In all cases, a Member who is deemed to have capacity by EverSafe shall give prior consent to the appointment of any Agent and/or Advocate who is to serve on the Member's behalf. The Base Service Fee shall include an allowance of two (2) individuals who may be appointed as Agents (including a Subscribing Agent) and/or Advocates of the Member (e.g., two Agents, one Agent and one Advocate or two Advocates). Any Agent(s) and/or Advocate(s) appointed in excess of the two (2) individuals included in the Base Service Fee may result in additional fee(s) as determined by EverSafe.

Users of the Service, excluding Advocates, shall have authority to (i) review the linked financial accounts of the Member through the Service, including the Member's Consumer Report(s) or portions thereof as may be provided, (ii) receive and respond to any and all suspicious activity alerts regarding such accounts and/or report(s) as issued by EverSafe, and (iii) otherwise actively engage in the Service on the Member's behalf. Advocates of a Member shall have authority to (i) review the Member's linked financial accounts, not including the Member's Consumer Report(s) or any portion thereof, and (ii) receive suspicious activity alerts regarding linked financial accounts, but shall not have authority to respond to any suspicious activity alert or otherwise actively engage in the Service on behalf of the Member.

Users of the Service, excluding Advocate(s), shall link financial accounts of the Member with the Service as directed by EverSafe. EverSafe may obtain information regarding the Member's financial accounts and/or Consumer Report(s) from Service Providers, which EverSafe will compare against the Member's linked financial accounts. In the event that there are any discrepancies between the Member's linked accounts and the information obtained by EverSafe from Service Providers, EverSafe will alert the appropriate User(s) of the Service of such discrepancy. Additional financial accounts of the Member may be linked to the Service at any time. In providing EverSafe 's services to the User, EverSafe may, in its discretion, change Service Providers at any time. Not all accounts may be available through our Service Provider(s). 

EverSafe will download linked financial account and Consumer Report transactions to the Service and electronically scan such transactions for any suspicious activity on a periodic basis. When suspicious activity is identified, EverSafe will issue a suspicious activity alert by electronic mail and or other means by which EVERSAFE may make available at its sole and absolute discretion to all Users of the Service. As part of the suspicious activity alert, Users of the Service, excluding Advocate(s), may choose from certain options relating to the suspicious activity including, without limitation, the following:

(a) Clear the activity as non-suspicious;

(b) Confirm the activity as "suspicious" (red flag); and/or

(c) Specify a follow-up action by the User with a follow-up date.

If no option is chosen within a reasonable period of time as determined by EverSafe, EverSafe may follow-up with any appropriate User of the Service as it deems necessary in its sole and absolute discretion to address the suspicious activity. The User(s) of the Service will be responsible for appropriate communications to any consumer reporting agency on behalf of the Member. Contact information for various consumer reporting agencies can be found on the Website.

For a summary of the relative powers, authorities and permissions of each User of the Service, please refer to the Summary of Powers, Authorities and Permissions attached hereto as Exhibit A and incorporated herein by this reference.

 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AN INDIVIDUAL SHALL NOT BE ENROLLED AS A MEMBER OF THE SERVICE AND THE SERVICE SHALL NOT COMMENCE UNLESS AND UNTIL ENROLLMENT IS COMPLETED TO THE SATISFACTION OF EverSafe AND EverSafe HAS CONFIRMED TO THE ENROLLING PARTY THE ENROLLMENT OF THE MEMBER. EverSafe does not provide the Service, or any advice or assistance, for the purpose of improving your credit record, credit history or credit rating.

3. Payment; Cancellation; Termination; Taxes.

All service fees shall be subject to change from time to time and shall be paid using the payment method chosen during Enrollment. The Service shall be provided for the agreed period(s) of time so long as all service fees are current. The individual responsible for payment shall be advised of any change in service fees at least thirty (30) days prior to the effective date of such change. A service fee schedule will be available on the Website.

Any individual providing credit card or other payment information during Enrollment represents that he/she is authorized to request transactions using the form of payment presented. In the case of any credit or debit card payment, such individual authorizes EverSafe to: (a) submit a transaction using the credit or debit card information provided to EverSafe; (b) submit automatic recurring transactions, including those on a monthly, quarterly, semi-annual or annual basis for Service renewals; and (c) obtain automatic updates for credit or debit cards provided to EverSafe.

The Enrolling Party may cancel the Service at any time through the Website. Upon termination, the remaining portion of any pre-paid service fee shall be refunded on a pro-rata basis.

To the extent that any sales and/or use taxes are imposed in connection with the Service, they shall be paid using the payment method specified during Enrollment.

4. Security Measures; Authentication and Capacity. EverSafe uses certain security measures designed to protect your privacy and to safeguard the information you provide to EverSafe in connection with the Service. EverSafe reserves the right to authenticate the user and/or the device being used for Enrollment and/or determine the capacity of any User of the Service or Member at any time and through any means deemed necessary by EverSafe. To that end, any User of the Service and/or Member may be subjected to a knowledge-based authentication and/or competency screening, which may require the User of the Service or Member to respond to certain challenge questions based upon information provided during Enrollment, Registration, and/or that EverSafe has otherwise obtained. In all cases, EverSafe's determination of authenticity and/or capacity shall be conclusive for all purposes relating to the Service.

You agree: (i) to maintain the security and confidentiality of any username, password, access number(s), security question(s) and answer(s), account number(s), login information, and any other security or access information (collectively the "Access Protocols"), by which you access the Service; (ii) to not share or disclose Access Protocols to any person other than EverSafe; (iii) to prevent unauthorized access to or use of the information, files or data that you store or use in connection with the Service; and (iii) that EverSafe may assume that any instruction, authorization or consent transmitted to us when the Website and/or Service is accessed using your Access Protocols is yours and has been provided and sent by you. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data entered using the Access Protocols. EverSafe may immediately deny access to the Service (or any party thereof) if it reasonably believes that any loss, theft or unauthorized use of Access Protocols has occurred.

As part of Enrollment and/or Registration, you acknowledge that EVERSAFE may request the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, driver’s license number and social security number); personal information for identification and financial information verification purposes (such as a credit card number). This information is required in order to verify the identity of the Enrolling Party / Member, to charge the agreed upon fee for the Service, and to fulfill our obligation to provide the Service, including communicating with third parties as necessary to provide the Service, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.

5. Grant of Authority to Agent(s) and Advocate(s). If you are a Member or Agent who has appointed Agent(s) and/or Advocates in accordance with the terms and conditions set forth herein, you hereby covenant and agree:

In the case of any such Agent(s), that each such Agent is hereby granted the authority to (i) review linked financial accounts on behalf of the Member, including the Member's Consumer Report(s) or any portion thereof as may be provided, (ii) receive and respond to any and all suspicious activity alerts regarding same as issued by EverSafe, and (iii) otherwise actively engage in the Service on behalf of the Member to the fullest extent permitted by this Agreement as if the Agent was the Member. You further covenant and agree that any authority granted hereby shall not be affected by the subsequent disability or incapacity of the Member except as otherwise provided by applicable law.

In the case of any such Advocate(s), that each such Advocate is hereby granted the limited authority to (i) review the Member's linked financial accounts, not including the Member's Consumer Report(s) or any portion thereof as may be provided, and (ii) receive suspicious activity alerts regarding same as issued by EverSafe. However, you hereby acknowledge and agree that no such Advocate shall have authority to respond to any suspicious activity alert on behalf of the Member, or otherwise actively engage in the Service on behalf of the Member.

6. Representations, Warranties, Covenants and Agreements. By agreeing to the terms and conditions of this Agreement and thereby becoming a User of the Service, you represent, warrant, covenant and agree that:

(i) you are not using the Service for the purpose of improving anyone's credit record, credit history, credit rating or receiving advice or assistance from EverSafe or through the Service with regard to improving anyone's credit record, credit history or credit rating;

(ii) you will use the Service to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities;

(iii) you are the Member, or a person duly authorized to act on the Member's behalf.

(iv) you are eligible and authorized to enroll in the Service as an individual meeting all Enrollment Requirements or on such an individual's behalf, or to otherwise register and act as a User of the Service in accordance with the terms and conditions of this Agreement;

(v) you are a resident of the United States of America and will access the Service only from locations within the territorial boundaries of the United States, Canada, and/or the United States territories of Puerto Rico, Guam and the Virgin Islands.

(vi) the information you provided during Enrollment and/or Registration, and that you may provide to EverSafe in the future, is (and will be) true, accurate, complete and current, you will keep your account information, including all Access Protocols, secure, up to date and accurate, and you will not misrepresent anyone's identity or account information. You agree to immediately notify EverSafe if you become aware of any loss, theft or unauthorized use of any Access Protocols;

(vii) if any information you have provided to EverSafe becomes inaccurate or incomplete during the term of the Member's membership in the Service, you will promptly update the information through the Website;

(viii) you are permitted to use content delivered to you through the Service only in connection with the Service. You may not copy, reproduce, distribute, or create derivative works from any such content. Further, you shall not reverse engineer or reverse compile any of the Service technology, including but not limited to any Java applets associated with the Service;

(ix) you are licensing to EverSafe and its Service Providers any information, data, passwords, materials or other content, including any Access Protocols you provide to the Service, together with any and all anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Service (collectively "Content"). EverSafe and its Service Providers may use, modify, display, distribute, and create new material using such Content to provide the Service, including conducting certain analytical research, performance tracking and benchmarking, updating and maintaining account data, addressing errors or service interruptions, enhancing the types of data and services that may be provided to you in the future, publishing summary or aggregate results relating to metrics comprised of research data, and distributing and licensing such anonymous, aggregate research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. By submitting any such Content to EverSafe, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, EverSafe and its Service Providers may use the Content for the purposes set forth in this Agreement. As between EverSafe and any of its Service Providers, EverSafe owns your confidential account information; and

(x) you authorize EverSafe and its Service Providers to access third party sites designated by you, on your or the Member's behalf, as the case may be, to retrieve information requested by you, including certain credit information, and to register for accounts requested by you. For all such purposes, you hereby grant EverSafe and its Service Providers a limited power of attorney, and you hereby appoint EverSafe and its Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN EverSafe AND/OR ANY OF ITS SERVICE PROVIDERS ACCESSES AND/OR RETRIEVES INFORMATION FROM THIRD PARTY SITES, EverSafe AND SUCH SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that EverSafe's Service Providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.

You agree that EverSafe may, in its sole discretion and without notice or liability to any User of the Service or Member, immediately terminate access to the Website and/or Service for cause, including, but not limited to: (i) any violation of the law or breach of the terms and conditions of this Agreement by any User of the Service; (ii) misrepresentations by any User of the Service during Enrollment, Registration or otherwise; (iii) if EverSafe has reasonable grounds to believe that any information provided by a User of the Service is untrue, inaccurate or not current; (iv) the actions, omission, representations or misrepresentations of any User of the Service which may result in EverSafe being found in breach of any agreement with its Service Providers; or (v) any other occurrence that results in the termination of the Website or the discontinuance of the Service.

If you are a Member or Subscribing Agent who has appointed any Agent(s) and/or Advocates(s) pursuant to and in accordance with the terms and conditions of this Agreement, you hereby represent and warrant that the powers and/or authorities granted to such individuals pursuant to and in accordance with this Agreement shall remain valid and enforceable at all times until revoked or otherwise terminated, at which time you agree to immediately notify EverSafe of such revocation or termination through the Website as directed thereon, and the powers, authorities and/or permissions of any affected Agent and/or Advocate shall immediately terminate.

If you are a Subscribing Agent and have enrolled a Member in the Service pursuant to and in accordance with the terms and conditions of this Agreement, you represent and warrant to EverSafe that you have sufficient authority to act for and on behalf of such Member and that any evidence of such authority provided to EverSafe is authentic and shall remain accurate and complete in all material respects at all times during your entire term as Subscribing Agent hereunder. You further represent and warrant that you shall immediately notify EverSafe in writing in the event that such authority is revoked or otherwise terminates for any reason, and in such event you shall immediately cease to act as Subscribing Agent hereunder.

You understand and agree that perfect security does not exist anywhere, and you will protect your personal information in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your Social Security Number or any other personal information to those who would reasonably be expected to improperly use or disclose said personal information, such as, by way of example, in response to "phishing" scams, unsolicited emails, or pop-up messages seeking disclosure of personal information. You also agree that you will, upon request from EverSafe, immediately remove from your computer or other device used to access the Service any malicious or "peer-to-peer" software identified by EverSafe.

7. Collection and Use of Personal Information; Privacy Policies. By agreeing to the terms and conditions of this Agreement, you acknowledge receipt of the EVERSAFE Privacy Policy, which you may review at any time on the Website and which is incorporated herein by this reference.

We use various Service Providers in connection with the Service as necessary to, among other things, gather information with respect to the Member and/or other Users of the Service. As a User of the Service, you acknowledge and agree that any such information gathered by one of our Service Providers will be treated in accordance with the privacy policy of such Service Provider, including, without limitation and as applicable, the following: Plaid Privacy Policy and CSID Privacy Policy.

As needed to provide the Service, EverSafe is hereby authorized and instructed to obtain, electronically scan, review, and/or otherwise use in accordance with the terms and conditions of this Agreement, the Member's:

* Consumer Report information obtained from one or more consumer reporting agencies;

* "Non-public personal information" as defined by the Gramm-Leach-Bliley Act (15 U.S.C. Sec. 6801 et seq.), and its implementing regulations; or

* Any other information about Member that EverSafe obtains from any User of the Service or from another source that may be necessary to provide the Service.

You understand that EverSafe may, from time to time, request additional authorizations, instructions or consents from you to provide the Service or enhancements to the Service.

8. Third Party Sites and Resources. EverSafe may link the Website to other websites, or use information obtained through other websites and/or resources in the provision of the Service, including the Member's Consumer Report and/or other information provided by or through certain Service Providers. Because EverSafe has no control over such websites and resources, you acknowledge and agree that EverSafe is not responsible for the availability of such external websites 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.

In connection with your use of the Service and as part of the functionality of the Service, you may have access to certain online services or information that may be made available by the Member's provider(s) ("Provider Services"), including online banking, online payment, online investment account download, online bill pay, online trading, and other account information available from such provider(s). As part of the Service, you may be allowed to access Provider Services (if and to the extent provided by the Member's provider(s)) to set up banking and other information, schedule the Service to access the Member's account(s), download transactions into the Service and otherwise aggregate information from such account(s) with the Member's provider(s). You acknowledge and agree that EverSafe has no control over the provision of Provider Services or provision of access to the Provider Services by the Member's provider(s), does not guarantee that you will be able to use the Service with the Provider Services, and will have no liability whatsoever for any actions or inactions on the part of the provider(s) resulting in your inability to use the Service to access the Member's accounts, obtain data, download transactions, or otherwise use or access the Provider Services.

You acknowledge that in accessing certain data and information through the Service, the Member's provider account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in the Member's account(s) with such provider(s) such as bank and other account balances, credit card charges, debits and deposits (collectively, "Provider Account Data"), may be collected and stored in connection with the Service. You authorize EverSafe and its Service Providers, in conjunction with the provision, operation and hosting of the Service, to use certain Provider Account Data to (i) collect the Member's Provider Account Data, (ii) reformat and manipulate such Provider Account Data, (iii) create and provide hypertext links to the Member's provider(s), (iv) access the providers' websites using the Member's Provider Account Data, (v) update and maintain your account information, (vi) address errors or service interruptions, (vii) enhance the type of data and services EverSafe and its Service Providers can provide in the future, and (viii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vii) above. You hereby represent that you are, or have sufficient authority to act for and on behalf of, the legal owner of the Provider Account Data and that you have the authority to appoint, and hereby expressly do appoint, EverSafe and its Service Providers as your or such owner's agent with limited power of attorney to access and retrieve the Provider Account Data. You further acknowledge that EverSafe does not, nor do its Service Providers review any Provider Account Data, and you agree that EverSafe is not responsible for its completeness or accuracy. Any transactions or informational activities performed at any third party provider's website are not made through the Service and EverSafe assumes no responsibility for such transactions or activities. You are solely responsible for any charges associated with your provider(s).

You acknowledge and agree that (i) some providers may not allow the Service to access the Provider Services, (ii) providers may make changes to their websites, with or without notice to EverSafe, that may prevent or delay aggregation of information from such websites, and (iii) the Service may "refresh" the Provider Account Data by collecting the Provider Account Data nightly, so the most recent transactions may not be reflected in any account balances or other account information presented in connection with the Service. If you see a discrepancy in the Provider Account Data, and in any case before making any transactions or decisions based on such account information presented in the Service, you should check the last refresh date for the account and confirm Provider Account Data is correct by following the link back to the applicable provider or otherwise confirm that Provider Account Data is up to date and accurate.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT EverSafe 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 YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITE OR RESOURCE.

9. Not a Credit Repair Organization, Credit Services Organization or Similar Entity. EverSafe, in part, uses information obtained from the Member's Consumer Report as well as other information obtained from you or other sources to provide the Service.

EverSafe is not a consumer reporting agency and does not provide credit repair services or the services of a credit services organization or similar entity. EverSafe is not offering to sell, provide or perform, and does not sell, provide or perform, any service for the express or implied purpose of improving anyone's credit record, credit history or credit rating, obtaining an extension of credit for anyone, or obtaining a delay, forbearance or other modification of an existing obligation. EverSafe does not provide advice or assistance with regard to the foregoing activities. EverSafe will not report any suspicious ACTIVITY regarding the member's financial accounts or consumer report(s) to any consumer reporting agency or similar or related entity. to the extent that EverSafe may obtain the member's consumer report through one or more SERVICE providers in connection with providing the service, a copy of the report or parts thereof may be provided to appropriate users of the service at no charge on the member's behalf and pursuant to the member's instruction. EverSafe is not a consumer reporting agency and is not selling any consumer report in connection with the service.

You understand that accurate adverse information on a Consumer Report cannot be changed. If you believe that any Consumer Report contains inaccurate, non-fraudulent information, you understand that such inaccuracies or incompleteness must be addressed with the consumer reporting agency or the furnisher of that information to the consumer reporting agency and that the appropriate procedures for notifying the consumer reporting agency or the furnisher of the information to the consumer reporting agency must be followed. Any information EverSafe provides to you regarding the procedures followed by the various consumer reporting agencies or information furnishers relating to the removal or correction of inaccurate or incomplete, non-fraudulent information is provided to you without charge and is available for free from the consumer reporting agencies themselves or from governmental websites, such as www.FTC.gov.

10. Disclaimer of Warranties; Release. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EverSafe AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF completeness, CORRECTNESS, CURRENTNESS, COMPREHENSIVENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGALITY, TITLE OR NONINFRINGEMENT.

THE INFORMATION CONTAINED ON THE WEBSITE OR IN ANY OTHER MATERIALS YOU MAY RECEIVE FROM EverSafe DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EverSafe AND ITS SERVICE PROVIDERS MAKE NO WARRANTY OR GUARANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EverSafe OR ANY OF ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU HEREBY RELEASE EVERSAFE AND EACH OF ITS SERVICE PROVIDERS, AND EACH OF THEIR PARENT, SISTER AND AFFILIATED COMPANIES, AND ALL OF THEIR OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY LIABILITY FOR ANY NEGLIGENCE IN CONNECTION WITH THE SERVICE, OR ANY INFORMATION PREPARED AND/OR DELIVERED IN CONNECTION THEREWITH, AND FROM ANY LOSS, EXPENSE OR INJURY THAT YOU OR ANYONE ELSE MAY SUFFER RESULTING DIRECTLY OR INDIRECTLY FROM THE SERVICE OR ANY SUCH INFORMATION.

11. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT NEITHER EverSafe, ITS SERVICE PROVIDERS, NOR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF EverSafe, ITS SERVICE PROVIDERS AND/OR ANY OF THEIR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (III) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY service PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE AND ANY SERVICES PROVIDED BY EVERSAFE OR BY EverSafe's service providers.

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. IF, NOTWITHSTANDING THE ABOVE OR ANY PROVISION OF THE MINIMUM END USER TERMS, LIABILITY IS IMPOSED UPON EverSafe, ITS SERVICE PROVIDERS, AND/OR ANY OF THEIR AFFILIATES, YOU AGREE THAT THE TOTAL LIABILITY TO YOU, OR TO ANYONE CLAIMING THROUGH YOU OR ON YOUR BEHALF, FOR ANY AND ALL DAMAGES, LOSSES OR INJURIES RESULTING FROM (I) THROUGH (vii) ABOVE, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EverSafe DURING THE SIX (6) MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE FIRST EVENT GIVING RISE TO ANY SUCH LIABILITY.

NEITHER EVERSAFE NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY HARM RESULTING FROM ANY FAILURE OR DELAY OF PERFORMANCE, WHETHER FORESEEN OR UNFORESEEN, IF SUCH FAILURE ARISES OUT OF CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, GOVERNMENTAL EMERGENCY ORDERS, JUDICIAL OR GOVERNMENTAL ACTION, EMERGENCY REGULATIONS, SABOTAGE, RIOTS, VANDALISM, LABOR STRIKES OR DISPUTES, ACTS OF GOD (E.G. FIRE, FLOOD, INCLEMENT WEATHER, EPIDEMIC OR EARTHQUAKE), WAR OR ACT OF TERRORISM, ELECTRICAL FAILURE, MECHANICAL FAILURE, MAJOR COMPUTER HARDWARE OR SOFTWARE FAILURES, EQUIPMENT DELIVERY DELAYS, OR ACTS OF THIRD PARTIES.

12. Indemnification. You agree to indemnify and hold EverSafe, its Service Providers, and/or any of their affiliates, harmless from and against any and all claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) against, or incurred by, EverSafe, its Service Providers, and/or any of their affiliates, to the extent such claims, liability, damages, expenses and/or costs result directly or indirectly from: (i) your use of the Service, (ii) your violation of the terms of this Agreement, (iii) your infringement, or infringement by any user of your account, of any intellectual property or other right of anyone, (iv) your making any unauthorized representation or warranty to EverSafe, or (v) any misuse of or improper access to the Service by you or any user of your account.

13. Service, Website and Agreement Changes, Updates and Modifications. EverSafe may, at its discretion, modify or discontinue the Service, or any portion thereof, at any time. EverSafe shall have the right, in its sole discretion and with reasonable notice, to establish or change limits concerning use of the Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Service, if any, at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. EverSafe reserves the right to make any such changes effective immediately to maintain the security of the system or Access Protocols or to comply with any laws or regulations. In the event of a modification or discontinuance to the Service, in whole or in part, you may reject changes by discontinuing use of the Service to which such changes relate; or you may cancel the Service, in which case any unused portion of any pre-paid service fees shall be refunded on a pro-rata basis. Your continued use of the Service will constitute your acceptance of and agreement with any changes or modifications. Maintenance upon the Service may be performed from time-to time resulting in interrupted service, delays or errors in the Service. Attempts to provide prior notice of scheduled maintenance will be made, but EverSafe cannot guarantee that such notice will be provided. You agree that EverSafe will not be liable to you, or to anyone claiming through you or on your behalf, for any modification or discontinuance of the Service or any portion of the Service.

In addition, EverSafe reserves the right to update and/or amend this Agreement at any time from time to time. The current version of this Agreement shall be available on the Website and you shall be deemed to have reviewed and agreed to same upon your accessing and/or using the Website and/or Service. All current Users of the Service will receive an email notification from EverSafe when this Agreement has been updated or amended.

14. FCRA Disclosures, Including Your Right to a Free Annual Credit Report. If you are an Enrolling Party, you understand and agree that by completing Enrollment and agreeing to the terms and conditions set forth herein, you are providing "written instructions" and authorization to EverSafe, CSID, TransUnion® (with respect to Tri-Bureau services), and each of their 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 Experian®, Equifax® and TransUnion® and affiliated entities, to access your credit files (and/or the credit files of the Member if you are a Subscribing Agent) from each national credit reporting agency and to exchange information about you (or the Member) with each national credit reporting agency in order to verify your identity (or the identity of the Member) and to provide the Service. You agree and hereby authorize CSID, its agents and employees, to provide your personally identifiable information (and/or the personally identifiable information of the Member if you are a Subscribing Agent) to third parties as provided in CSID’s Privacy Policy, as may be amended from time to time. You, on your own behalf and/or on behalf of the Member if you are a Subscribing Agent, waive any and all claims against CSID and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize CSID and its agents and employees to obtain various information and reports about you (and/or about the Member if you are a Subscribing Agent) in order to provide the Service, including, but not limited to, address history reports, name and alias reports, criminal or sex offender reports, and to provide monitoring and alerts.

You further understand that the FCRA allows consumers a copy of all of the information in the consumer's file maintained by consumer reporting agencies for a reasonable charge. The FCRA also provides that individuals are entitled to receive a disclosure directly from a consumer reporting agency free of charge under the following circumstances:

• When the individual has been denied credit, insurance or employment in the past 60 days as a result of information a Consumer Report about them;

• When the individual certifies in writing that they are unemployed and intend to apply for employment in the 60 day period beginning on the day the certification is made;

• When the individual is a recipient of public welfare assistance; and

• When the individual has reason to believe that their file at the consumer reporting agency contains inaccurate information due to fraud.

The FCRA also permits consumers to dispute inaccurate information in their Consumer Report without charge. The FCRA allows consumers to get one free comprehensive disclosure of all of the information about them maintained by the nationwide consumer reporting agencies (e.g., Equifax, Experian and TransUnion) once every 12 months through a central source. The free report may be requested through a centralized website, toll-free telephone number, or mailing address. To obtain this report, you may: visit www.annualcreditreport.com; call 1-877-322-8228; or write to: Annual Credit Report Request Services, P.O. Box 105281, Atlanta, GA 30348-5281. The free annual report is in addition to those circumstances described above under which a consumer may also obtain a copy of their Consumer Report at no cost to the consumer.

NOTICE TO ILLINOIS RESIDENTS: MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT NOMINAL COST FROM GOVERNMENT AGENCIES. 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.

The states of Colorado, Maine, Maryland, Massachusetts, New Jersey, Vermont permit consumers to obtain one credit report per credit reporting agency per year, free of charge. Georgia permits consumers to obtain two credit reports per credit reporting agency per year, free of charge.

The Service is not intended to substitute for any free credit report or disclosure that any consumer reporting agency is required by law to provide to you.

Neither you nor anyone else has the right to have accurate and current information removed from any Consumer Report. Any inaccurate information on a Consumer Report may be disputed by contacting the consumer reporting agency directly.

15. Binding Arbitration. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

SUMMARY

MOST CONCERNS REGARDING THE SERVICE CAN BE RESOLVED BY CONTACTING EverSafe THROUGH THE "CONTACT US" LINK ON THE EverSafe WEBSITE. IF THE CONCERN CANNOT BE RESOLVED, YOU AND EVERSAFE EACH AGREE TO RESOLVE ANY AND ALL DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.

ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IN ARBITRATION, BOTH YOU AND EverSafe WILL BE ENTITLED TO RECOVER ATTORNEYS' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS IN COURT.

Arbitration Agreement

15.1. EverSafe and you agree to arbitrate all disputes and claims between us, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. It includes, but is not limited to, claims: (i) arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; or (ii) arising before this or any prior Agreement between us (including, but not limited to, claims relating to the advertising or other marketing of the Service).

For purposes of this arbitration provision, references to "EverSafe", "you", "us" and "we" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns. Notwithstanding the foregoing, you or we may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and EverSafe each waive the right to a trial by jury or to participate in a class action. You and we agree that this Agreement evidences a transaction in interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.

15.2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to EverSafe should be addressed and/or otherwise sent to EverSafe as directed through the "Contact Us" link on the Website ("Notice Address"). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from EverSafe ("Demand"). If EverSafe and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or EverSafe may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by EverSafe or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or EverSafe is entitled. You may obtain more information about arbitration from www.adr.org.

15.3. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.

15.4. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. The arbitrator shall be bound by the terms of this Agreement. Arbitration hearings will take place in Montgomery County, Maryland. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

15.5. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.

15.6. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

15.7. YOU AND EverSafe AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EverSafe agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this Section 15.7 is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

15.8. Notwithstanding any provision in this Agreement to the contrary, we agree that if EverSafe makes any change to this arbitration provision (other than a change to the Notice Address) at any time, you may reject any such change and require EverSafe to adhere to the language in this provision if a dispute between us arises regarding the Service.

16. Trademarks and Copyrights. You acknowledge and agree that EverSafe's name, the EverSafe logo, page headers and other terms, phrases, graphics, logos, and icons appearing on the Website or in connection with the Service are common law or registered trademarks, service marks, and/or trade dress of EverSafe (collectively "Marks"). You agree you will not use any such content or Marks for any purpose without the appropriate prior written authorization. EverSafe Marks may not be used in connection with any product or service that is not EverSafe's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits EverSafe. All other trademarks, product names, or logos not owned by EverSafe that appear on the Website are the property of their respective owners.

All content included on the Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of EverSafe or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of EverSafe or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without EverSafe prior written consent.

17. Electronic Agreement and Signature. You intend and agree that your electronic signature during the Enrollment and/or Registration process is intended by you to constitute your legally binding signature to the fullest extent permitted by applicable law. You further agree to receive all communications, notices and other information from EverSafe electronically. If you do not agree to receive the notices and disclosures electronically, EverSafe cannot provide the Service to you.

18. Export Restrictions. You acknowledge that the Service and any software underlying such Service are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Service, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.

19. Entire Agreement. This Agreement, the Website Terms of Use, Privacy Policy and other policies EverSafe may post on the Website constitute the entire Agreement between EverSafe and you in connection with your use of the Website and the Service. This Agreement is effective until the Service is terminated. In the event of termination, the intellectual property, warranty disclaimers, limitation of liability provisions and arbitration provision set forth in this Agreement will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Website or otherwise, this Agreement will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the other provisions of this Agreement.

20. Assignment. You may not assign your rights and obligations under this Agreement without our prior written consent. We may assign our rights and obligations under this Agreement without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.

21. Governing Law. Except for the arbitration provision contained here, which is governed by and subject to interpretation under the Federal Arbitration Act, this Agreement and your access to the Website and use of the Service are governed by Maryland law without regard to its conflict of law provisions. EverSafe controls the Website from its offices within the United States of America and the Website is intended for use only in the United States of America. EverSafe does not represent that the materials on the Website are appropriate or made available for use outside of the United States of America.

22. Third Party Beneficiary. You hereby acknowledge and agree that Yodlee, Inc. ("Yodlee"), a Delaware corporation having its principal place of business at 3600 Bridge Parkway, Redwood City, California 94065, shall be, and is hereby named as, a third party beneficiary of the following Sections of this Agreement, with all rights to enforce the provision of same to the same extent granted to EverSafe under this Agreement: Sections 6(v) through 6(ix), Section 10, Section 11 and Section 12. To that end, Yodlee shall be a "Service Provider" of EverSafe for purposes of Sections 6(viii) and 6(ix), Section 10, Section 11 and Section 12.

23. Identity Theft Coverage. Depending upon the selected level of Service, the Member may be entitled to an identity theft coverage benefit providing reimbursement of up to $1,000,000 of expenses incurred by the Member in connection with the restoration of his/her identity should he/she become a victim of identity theft after the completion of Enrollment. The identity theft coverage benefit is underwritten and administered under a master policy issued to CSID for the benefit of its subscribers, including certain Members of EVERSAFE.

THE ADMINISTRATOR OF ALL CLAIMS IN CONNECTION WITH THE IDENTITY THEFT COVERAGE BENEFIT AND EVERSAFE SHALL HAVE NO LIABILITY WITH RESPECT TO SUCH BENEFIT. EVERSAFE DOES NOT PROVIDE INSURANCE AND IS NEITHER AN INSURANCE COMPANY NOR AN AGENT FOR AN INSURANCE COMPANY.