You must be at least 18 years old.
You may use our Services only for your own personal, non-commercial, use, and only on your own behalf.
If your use of the Services is prohibited by any applicable laws, then you may not use the Services.
You must not be barred from using or receiving the Services under the laws of the United States or any other applicable jurisdiction.
We must not have previously disabled your account for violation of law or any of our policies.
You will not attempt to create accounts or access or collect information in unauthorized ways.
You will not attempt to buy, sell, rent, lease, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users.
You will not create multiple accounts for yourself.
You will not create or attempt to create an account if we have already disabled or suspended your account (unless we give you permission).
use the information you have provided to us, including personal information, to search the internet, and to find Data Holders and submit Data Requests on your behalf;
submit your personal information to Data Holders and communicate with Data Holders, including but not limited to, the execution of documents on your behalf as necessary to submit and facilitate Data Requests;
create online accounts with Data Holders in your name for the sole purpose of submitting Data Requests (e.g., where it is required to create an account with a Data Holder in order to submit Data Requests);
to submit or file complaints against Data Holders to governmental agencies, authorities, and regulators on your behalf. We may, but are not obligated to, do this when a Data Holder refuses or does not comply with a Data Request; and
to take the actions described above on your behalf and to identify mePrism as acting as your agent on your behalf
You will not copy, reproduce, distribute, transmit, republish, post, publicly perform or publicly display the Services, any part thereof, or any information or content made available on or through the Services;
You will not license, sell, rent, lease, transfer, assign, host or otherwise commercially exploit the Services;
You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile, or reverse engineer any part of the Services;
You will not access or use the Services to build a similar or competitive service or application, or if you are competitor of mePrism;
You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Services;
You will not use any scraping, data mining, robots or similar data gathering or extraction methods on the Services, and you will not collect or harvest any personally identifiable information, including account usernames and passwords;
You will not disrupt the operation of the Services in any manner or impose an unreasonable or disproportionately large load on our infrastructure, including, but not limited to, through the use of methods such as denial of service attacks, flooding and spamming;
You will not transmit any "junk mail", "chain letter" or "spam" or any other similar solicitation; You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
You will not probe, scan or test the vulnerability of our system or network or attempt to breach security or authentication measures;
You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Services;
You will not hack, spam or phish;
and You will not use the Services other than for their intended purposes.
Applicability of Arbitration Agreement. You and mePrism, Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and mePrism, Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. AAA sets forth its fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/. If mePrism, Inc. is the party initiating an arbitration against you, mePrism, Inc. will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against mePrism, Inc., you will be responsible for the first $100 toward the nonrefundable Initial Filing Fee, and mePrism, Inc. will pay the remainder of your Initial Filing fee and both parties’ Administrative Fee.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and mePrism, Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and mePrism, Inc.
Waiver of Jury Trial. YOU AND MEPRISM, INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and mePrism, Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and mePrism, Inc. over whether to vacate or enforce an arbitration award, YOU AND mePrism, Inc. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in Section 18.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor mePrism, Inc. can force the other to arbitrate. To opt out, you must notify mePrism, Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your mePrism username and the email address you used to set up your mePrism account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: mePrism, ATTN: ARBITRATION OPT-OUT, 7427 Capstan Dr., Carlsbad, CA 92011 or email the opt-out notice to support@meprism.com. Please include “ARBITRATION OPT-OUT” in the subject line of your email.
Small Claims Court. Notwithstanding the foregoing, either you or mePrism, Inc. may bring an individual action in small claims court.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with mePrism, Inc.