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IAS, INC. SUBSCRIBER AGREEMENT
The following subscriber agreement is agreed and understood to be in effect for all subscribers:
SERVICE – subscriber will be provided with consumer, business and other information through the IAS Claim Investigations and may request information by approved means. Retrieval of documents and records may be by electronic and other means deemed most appropriate by IAS, Inc.
IAS, INC PERFORMANCE: IAS, INC guarantees that it will use the best means and efforts to fulfill each request in the most efficient and expeditious manner. IAS, Inc. shall have no obligation or liability to its members for any delay or failure due to circumstances beyond its control, including but not limited to, computer malfunction, trunk or telephone line failure, weather related problems, supplier performance or Acts of God.
GENERAL USE OF INFORMATION – subscriber agrees to use the information supplied for its own use only. The information may not be used for purposes prohibited by local, state or federal law and regulations thereof. Violations of any law governing use of information supplied shall result in termination of use immediately following conviction and expiration of time of appeal.
COMPLIANCE WITH FAIR CREDIT REPORTING ACT – subscriber agrees that any information, or report, which is covered by the FAIR CREDIT REPORTING ACT, will be requested and used by subscriber in full compliance with the terms and intent of the Act. The subscriber understands that the purpose of requesting information covered by the FAIR CREDIT REPORTING ACT must be identified, that the information received is for the subscriber’s use only, and that there are criminal and possibly civil penalties for willful violation of this Act.
LIMITATION OF LIABILITY –IAS, Inc. shall use good faith in attempting to obtain information from sources deemed reliable, but does not guarantee the accuracy of the information reported, and in no event shall be held liable in any manner whatsoever for any loss or injury to subscriber resulting from the obtaining or furnishing of such information and further subscriber agrees to hold IAS, Inc. harmless and indemnify it from any and all claims, losses and damages arising out of alleged liability or failure of the subscriber to keep and perform any of its obligations described within. Use of the information is at the sole discretion and responsibility of the subscriber, constitutes a waiver of any claim against IAS, Inc., and is conditioned upon the subscriber’s acceptance of the terms of this agreement.
AGREEMENT IN ENTIRETY – This agreement sets forth the entire agreement for services between IAS, Inc. and the subscriber, and supersedes all prior agreements and representations, and shall be interpreted in accordance with the laws of the state of Pennsylvania.
PAYMENT FOR SERVICES – Invoices from IAS, Inc. for services rendered are provided with the service report and are due upon receipt. Fees for services requested by the subscriber are due and payable even if the resulting report, responsive to the request demonstrates that there is no pertinent information available.
SUSPENSION & TERMINATION – Suspension of service to a subscriber may occur for late payment, faulty payment, or at the subscriber’s own request to change passwords or for any other reason. Termination of service may occur for nonpayment or willful violation of the terms of this agreement
TERM OF AGREEMENT – This agreement will continue in full force for all subscribers while they continue to utilize IAS, Inc. services in good standing. Nonpayment or failure of the subscriber to abide by the terms herein outlined shall be deemed sufficient reason for IAS, Inc. to terminate service to the subscriber without prior notice.
PERMITTED USE AGREEMENT: The information to be provided to subscriber may contain consumer certification information governed by the Gramm-Leach-Bliley Act (GLB). In accordance with the GLB, the purpose for which the subscriber intends to utilize the services available through IAS, Inc. must conform to one of the following:
delinquent account.
____ 2) To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies, self-regulatory organization, or for an investigation on a matter related to public safety.
_____ 3) For use by persons holding a legal or beneficial interest relating to the consumer.
_____ 4) For use by persons acting in a fiduciary or representative capacity on behalf of the consumer
_____ 5) For use to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability.
_____ 6) For any other use permitted or otherwise not restricted by law and which may reasonably be expected to be part of the normal course and scope of your business.
By selecting a service to be conducted, the subscriber certifies to IAS, Inc. that they are in, and assume full responsibility for, compliance with the GLB, and in accordance with the Terms & Conditions of Use of the IAS, Inc. services, you agree to indemnify, defend and hold IAS, Inc., its affiliates and assigns harmless from any breach of the GLB by you, your agents or contractors and any damages, fees and costs associated therewith. Information from any data or report provided by IAS, Inc. may not be used for a Permissible Purpose as defined by the Fair Credit Reporting Act (15 U.S.C. Sec. 1681) to determine a customer's eligibility for credit, insurance or employment.
DPPA COMPLIANCE - The Following DPPA Compliance applies to all requests for DMV Searches.
Pursuant to the Driver's Privacy Protection Act of 1994 (DPPA), the subscriber may only conduct a DMV search for one of the permitted uses set forth below. ). In compliance with the DPPA, the purpose for which the subscriber intends to utilize the DMV services available through IAS, Inc. must conform to one of the following:
_____ 1. Use by a court, law enforcement agency or other government agency or entity, acting directly on behalf of a government agency. 18 U.S.C. S2721 (b)(1)
_____ 2. Use for any matter regarding motor vehicle or driver safety or theft; to inform an owner of a towed or impounded vehicle. 18 U.S.C S2721 (b)(2)
_____ 3. For use in the normal course of business but only to verify the accuracy of personal information submitted by the individual to the business; and if the submitted information is incorrect, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual. 18 U.S.C S2721 (b)(3).
_____ 4. Use in connection with a civil, criminal, administrative, or arbitral proceeding. 18 U.S.C S2721 (b)(4)
_____ 5. Use by an employer or its agents or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986. 18 U.S.C S2721 (b)(9)
_____ 6. Use by an insurer or insurance support organization, in connection with claims investigation activities, antifraud activities, rating or underwriting. 18 U.S.C S2721 (b)(6)
_____ 7. Use by a licensed private investigative agency, or licensed security service, for a purpose permitted in items 1 through 6 above. 18 U.S.C S2721 (b)(8)
By proceeding with a DMV search request, the subscriber hereby certifies to IAS, Inc., that they are in, and assume full responsibility for, compliance with the DPPA and that they agree to indemnify, defend and hold IAS, Inc. harmless from any breach of the DPPA and any damages, fees and costs associated therewith. Information from any data or report provided by IAS, Inc. may not be used for a Permissible Purpose as defined by the Fair Credit Reporting Act (15 U.S.C. Sec. 1681) to determine a customer's eligibility for credit, insurance or employment.
State law may also restrict your access of DMV information. If state law prohibits the release of information for the purpose you have selected, no information will be returned.
EXCLUSIVE USE - Subscriber aggress that it shall use the services offered by IAS, Inc. for its exclusive use, and to hold the information in strict confidence and not to disclose it to any third parties. The subscriber also agrees that the services will only be requested by the subscriber’s designated and authorized representatives. Employees will be forbidden to attempt to obtain any of the services on themselves, associates, or any other person except in the exercise of their official duties.
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