CIC Terms and Conditions

CIC Background Report Terms of Use

You have requested to participate in the CIC’s® service (the “Service”). Your participation in the Service is subject to your acceptance of these terms of use. YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS OF USE, INCLUDING THE ARBITRATION PROVISION, BEFORE ENROLLING IN THE SERVICE. As part of the Service, a consumer (“Report Subject”) may request a “Report Service,” which includes access to a copy of that Report Subject’s housing court record and criminal information (“Background Screening Report”) and may authorize CIC to provide the Background Screening Report to a user (“End User”). Additional services may be included in the Service or Report Service (each referred to herein as a “Service”) in the future, and the registration and authentication information provided under this Agreement may be used in the provision of any such Service. Both Report Subject and End User, if any, agree to the applicable Terms of Use set forth herein.

These Terms of Use (“Terms of Use” or “Agreement”) apply to: (a) the Service; (b) interaction by any means between you and CIC regarding the Service; (c) your access to and use of the website located at www.zillow.com (“Service Website”); (d) your access to and use of resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the “Content”); and (e) the resolution of all claims and disputes between us through arbitration. YOU AND CIC UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN SECTION 25 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT TO THE FULLEST EXTENT PERMITTED BY LAW.

YOUR ORDER OF, USE OF, AND ACCESS TO, THE SERVICE, SERVICE WEBSITE, CONTENT, AND RESOLUTION OF DISPUTES BETWEEN US ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE SERVICE, the SERVICE WEBSITE, AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH HEREIN, INCLUDING THE ARBITRATION PROVISION.

By clicking below and by ordering any Service, you agree that CIC will provide you with the ordered Service in accordance with these Terms of Use.

TERMS OF USE

1. REGISTERING FOR THE SERVICE

Once you register for CIC’s online Service, an online account will be created for you. To register for your account, you must provide us with your name, a valid address within the United States and an email address, and agree to be bound by these Terms of Use.

Because the Service provides access to background information, you must provide a valid Social Security number, your current address, and successfully pass authentication of your identity when requested by CIC. You agree to provide true, accurate, complete and current information about yourself when prompted to do so by the registration form, authentication form or otherwise requested to do so by CIC or Zillow®. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if CIC has reasonable grounds to suspect that such information is untrue, inaccurate or not current, CIC, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to any Service, Service Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Service, Service Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that CIC will not be liable to you or any third party if CIC suspends or terminates your order of, use of, or access to any Service, Service Website or Content, or any portion thereof, for any reason.

You agree not to share your Zillow PIN or password with third parties. You agree to promptly notify CIC at compliance@CICReports.com of any unauthorized use of your account and any loss, theft or disclosure of your PIN or password. Failure to comply with these requirements shall constitute a breach of this Agreement and shall constitute grounds for immediate termination of your account and the Service.

Upon your registration with CIC or request for a Service, and periodically thereafter, you will be asked to authenticate your identity in a manner which includes but is not limited to credit report information, identifying information (e.g., name, address, social security number) that you provide and your responses to questions related to your credit report information.

2. REPORT SERVICE

The Report Service allows you to establish connections with third parties and authorize or request that they authorize the sharing of the Background Screening Report. This Service will enable you as a Report Subject to: (a) view your Background Screening Report ordered by you as a Report Subject, and (b) authorize your Background Screening Report to be viewed by End Users; or if you are an End User, will enable you as an End User to view the Background Screening Report about a Report Subject for which you have been authorized as an End User, for a limited time.

When instructed by Report Subject, Report Subject is authorizing CIC to provide Report Subject’s Background Screening Report to End Users with whom Report Subject has successfully connected, for up to thirty days from the date of the Report Subject’s most recent order for Background Screening Report (“Request Time”). Each End User may access the Report Subject’s Background Screening Report and subsequently view a copy of the Report Subject’s Background Screening Report during the remaining Request Time associated with the applicable order for Background Screening Report unless the Report Subject terminates (deletes, cancels, removes or declines) an End User’s connection, access request or view capability. When an End User accesses the Report Subject’s Background Screening Report, a copy of the Report Subject’s Background Screening Report will be posted to the End User’s and Report Subject’s accounts. Report Subject acknowledges and agrees that CIC is not responsible for any actions or decisions made by any End Users or third parties with whom the Report Subject has agreed to share Report Subject’s Background Screening Report.

If you are an End User, you may provide Zillow with the email addresses of consumers with whom you wish to connect. Zillow will send a connect request to the email address provided by you that will include your name, email address and any text you provide. Your name and email address will be available to all Report Subjects with whom you have or had a successful connection. You authorize Zillow to share your name and email address as described herein and required by the Report Service. You agree to refrain from using any unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable comments. You acknowledge and agree that CIC and Zillow are not responsible for your or any third party’s comments in user generated messages that are transmitted by the Report Service.

3. REVIEW AND RECEIPT OF NOTICE TO USERS

If you are an End User, by executing this Agreement, you acknowledge that you have read, understand and received the Notice to Users of Consumer Reports. The Notice to Users of Consumer Reports is located at https://www.cicreports.com/FCRA-Notice-to-Users-of-Consumer-Reports.

4. FCRA CERTIFICATIONS

If you are the Report Subject, you understand and certify that you are providing “written instructions” to CIC in accordance with the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., as amended (“FCRA”) to access and use your credit report for: (a) authenticating Report Subject’s identity; (b) providing you with a copy of Report Subject’s Background Screening Report; and (c) providing End Users with a copy of Report Subject’s Background Screening Report, upon your request or approval, and for the duration of your use of the Service.

By Report Subject requesting a copy of Report Subject’s Background Screening Report, you acknowledge receipt of and certify that you have reviewed and fully understand the following statutory notices:

Summary of Your Rights Under the Fair Credit Reporting Act (16 C.F.R. Part 601) located at https://files.consumerfinance.gov/f/documents/bcfp_consumer-rights-summary_2018-09.pdf

Remedying the Effects of Identity Theft located at http://files.consumerfinance.gov/f/201410_cfpb_summary_remedying-the-effects-of-id-theft-fcra.pdf

When requesting a Background Screening Report as an End User, End User will request and use the Background Screening Report strictly in accordance with the FCRA. End User agrees to and shall individually certify End User’s permissible purpose for access to a Background Screening Report on a consumer when requested by CIC. End User acknowledges that End User’s use of the Background Screening Report will be limited to only RENTING/LEASING A PROPERTY and no other purpose, and End User will not request or use the Background Screening Report for any other purpose.

NEITHER END USER NOR REPORT SUBJECT IS AUTHORIZED TO REQUEST OR RECEIVE CONSUMER INFORMATION FOR ANY USE NOT OTHERWISE IDENTIFIED HEREIN, INCLUDING BUT NOT LIMITED TO CREDIT REPAIR, MARKETING AND EMPLOYMENT.

End User certifies that the use and related permissible purpose that End User designates is accurate. End User certifies that for each written instruction of a consumer who is the subject of the Background Screening Report, such written instruction will expressly authorize End User to obtain the Background Screening Report and will contain at a minimum the consumer’s name, address, and signature. End User agrees to a limited one-time use of each consumer’s Background Screening Report.

End User acknowledges and agrees that CIC, at its sole discretion, may require that End User submit to an additional membership review. End User understands that End User’s access to the Service may be suspended until such time as the End User’s membership review is complete and approved by CIC.

END USER ACKNOWLEDGES THAT THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OR IMPRISONED NOT MORE THAN TWO YEARS OR BOTH.

5. The Fair Housing Act and other fair housing laws

The FHA prohibits discrimination on the basis of race, religion, color, national origin, sex, handicap (or disability), or familial status in the sale or rental of housing in the United States. A copy of the FHA is available at https://www.justice.gov/crt/fair-housing-act-2. End Users (including their staffs and management agents) should be familiar with the FHA generally and undertake affirmative steps to avoid violations of the FHA. The FHA prohibits both intentional discrimination and discrimination resulting from application of facially neutral policies that have a disparate impact on the protected classes listed above.

The United States Department of Housing and Urban Development (“HUD”) oversees implementation of the FHA. HUD’s Office of General Counsel has issued guidance (the “OGC Guidance”) that use of criminal screening information may have a disparate impact on minorities and other protected classes in violation of the FHA. The OGC Guidance is available at https://portal.hud.gov/hudportal/documents/huddoc?id=hud_ogcguidappfhastandcr.pdf. Pursuant to the OGC Guidance, End User agrees that, when using information in the Background Screening Reports to make decisions to admit or reject a prospective tenant or household member, End User:

• Will not consider arrest records;
• Will not apply a “one-strike” policy (a policy of denying admission to a tenant or
  household member on the basis of single past conviction); and
• Will consider the nature, severity and recency of any conviction appearing in the Reports.

Before denying admission to a tenant or household member on the basis of past criminal history, End User will, to the extent it is available, identify and evaluate objective mitigating information, such as the age of the tenant or household member at the time of the underlying offense, evidence of successful rehabilitation, and satisfactory rental history before or after the conviction. In addition to the FHA, many states and local governments have additional fair housing laws that may apply to the rental of the subject unit. If End User does not understand its obligations or the consequences of failing to meet obligations under the FHA, the OGC Guidance, and other state and local fair housing laws, End User must consult with legal counsel before accepting the Terms of Use.

6. CRIMINAL RECORD PROVISIONS

If you access criminal record information through CIC it must meet therequirements as defined in the following statutes: Freedom of Information Act, 5 USC 552; Crime Control Act, Public Law 93-579,5 USC 522(a), Title 6, Fair Credit Reporting Act, Public Law 91-508; and all other state and federal laws that are concerned with thereporting and use of criminal record information.

7. POINT OF SALE CERTIFICATION

In compliance with Section 1785.14(a) of the California Civil Code, End User certifies to CIC that End User is NOT a retail seller, as defined in Section 1802.3 of the California Civil Code, and does NOT issue credit to consumers who appear in person on the basis of applications for credit submitted in person.

8. CONFIDENTIALITY

You acknowledge that a Background Screening Report and/or data provided by or received by you may include personal information pertaining to individual consumers, and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse. You agree that the Service and Background Screening Report shall only be used as expressly authorized in this Agreement. You agree that under no circumstances will you sell or otherwise disclose any Background Screening Report, or information contained in or derived from it, to any third party unless otherwise required by law.

9. COMPLIANCE WITH LAWS

You agree to and shall comply with all federal, state and local laws, rules, regulations and decisions applicable to your provision to CIC of data and your use of the Background Screening Report and Service provided under this Agreement, including in all relevant federal, state and municipal statutes and regulations where the rental property is located. CIC may redact certain housing court and/or criminal records from the Background Screening Report based on the rental property location.

10. FEES

Fees and any applicable sales or use tax by state and local jurisdictions for using the Report Service are collected by Zillow including any refunds.

11. MODIFICATION OR TERMINATION OF SERVICE

CIC may, at its discretion, modify or discontinue any Service or Content, or any portion thereof, with or without notice. You agree that CIC will not be liable to you or any third party for any modification or discontinuance of any Service or Content.

12. UPDATED TERMS OF USE

This Agreement may be updated from time to time. You should check the Service Website regularly for updates to these Terms of Use. Each time you order, access or use any Service, the Service Website, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.

13. TERMINATION OF AGREEMENT

This Agreement may be terminated without cause by CIC at any time upon notice by email to you. The email address for notice will be the then current email address in your account profile.

14. NOTICE OF PROSECUTION

Access to and use of password protected and/or secure areas of the Service Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service Website may be subject to prosecution.

15. SECURITY MEASURES AND AUTHENTICATION

Because CIC uses security measures designed to protect your privacy and to safeguard your information, CIC may not always be able to successfully provide a Service to you. For example, when the system is unable to verify your identity, CIC cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times.

By executing this Agreement, you acknowledge you have reviewed the Access Security Requirements at https://www.cicreports.com/Access-Security-Requirements and will take all reasonable measures to enforce the policies set forth therein.

16. PERSONAL INFORMATION

CIC may use your personal information in connection with the Service and as allowed by CIC’s Privacy Policy. CIC’s Privacy Policy is available at www.cicreports.com/privacy-policy. You may request a copy of CIC’s Privacy Policy by contacting us at compliance@CICReports.com.

17. REVIEW AND RECEIPT OF PRIVACY NOTICE

By executing this Agreement, you acknowledge you have reviewed CIC’s Privacy Policy and agree to its terms.

18. ON-LINE REQUIREMENTS

By agreeing to these terms and conditions, you are agreeing to CIC’s Consent to Electronic Signature and Disclosures (available at https://www.cicreports.com/electronic-consent-policy/). You are agreeing that you have an email address. You are agreeing to receive all notifications via email at the email address on file with Zillow. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.

By accepting these Terms of Use, you are further agreeing that you:

• HAVE READ AND UNDERSTAND CIC’S ESIGN POLICIES DESCRIBED IN THIS CONSENT;
• CONSENT TO USING ELECTRONIC SIGNATURES;
• AGREE TO HAVING ALL COMMUNICATIONS PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM;
• MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS; AND
• MAY WITHDRAW YOUR CONSENT AT ANY TIME

19. FCRA DISPUTES OF BACKGROUND INFORMATION

Accurate adverse information on Report Subject’s background report cannot be changed. If Report Subject believes that the Report Subject’s CIC Background Screening Report contains inaccurate or fraudulent information, it is Report Subject’s responsibility to contact CIC’s Consumer Relations Department to dispute information. Report Subject may request a consumer file disclosure at no charge within 60 days of ordering Report Subject’s Background Screening Report under the Report Service, by contacting CIC’s Consumer Relations Department at CICReports.com/consumer-disputes. In any other situation, Report Subject may contact CIC’s Consumer Relations Department at CICReports.com/consumer-disputes or 888-316-4242 for assistance at any time, which may be subject to applicable fees.

20. CALIFORNIA INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT (ICRAA)

In addition to compliance with Section 4 (FCRA Certifications), End User, in its request for and use of the Service constituting an Investigative Consumer Report under ICRAA, will comply with all obligations under ICRAA and the California Investigative Consumer Reporting Agencies Act Policy (“ICRAA”). ICRAA regulates the use of “investigative consumer reports” (as defined by ICRAA CA Civ Code 1786) for rental property decisions where the consumer is located in California or the rental property is located in California (as further defined by ICRAA) or the rental decision is made in California. End Users’ continued use of these reports constitutes your explicit agreement to comply with ICRAA, as well as your compliance with legal obligations under the Agreement.

End User certifies to CIC that Client has or will make, in accordance with ICRAA, all applicable disclosures required in the ICRAA and in California Civil Code §1786.16, subdivision (a) and End User shall comply with subdivision (b). For ease, the requirements of subdivision (b), as in effect as of the Revised date above, are set forth below. As used in this section, Investigative Consumer Report means an Investigative Consumer Report as defined under ICRAA.

End User shall:

(a) provide the consumer a means by which the consumer may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any Investigative Consumer Report that is prepared. If the consumer wishes to receive a copy of the Investigative Consumer Report, End User shall send a copy of the Investigative Consumer Report to the consumer within three business days of the date that the Investigative Consumer Report is provided to End User byCIC. The notice to request the Investigative Consumer Report may be contained on either the disclosure form, as required by subdivision (a), or a separate consent form. The copy of the Investigative Consumer Report shall contain the name, address, and telephone number of CIC as the issuer of the Investigative Consumer Report and how to contact CIC with respect to Investigative Consumer Reports;

(b) comply with California Civil Code §1786.40, if End User takes adverse action against the consumer for which the Investigative Consumer Report relates. Specifically, End User acknowledges and agrees to provide to consumers for whom an Investigative Consumer Report is provided, and in the adverse action cases, to include the contact information below for CIC as provided by CIC to End User;

(c) limit its provision of the CIC contact information to a Report Subject for whom End User has received an Investigative Consumer Report; and the contact information for CIC is below:

Contemporary Information Corp.

42913 Capital Dr., Unit 101

Lancaster, CA 93535

Toll Free number - (888) 316-4242

Toll Free fax - (888) 797-2254

https://www.cicreports.com/consumer-assistance/

21. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT

CIC is not acting as a credit repair organization when providing Report Subject with the Service, and is not offering to sell, provide or perform any service to Report Subject for the express or implied purpose of either improving Report Subject’s credit record, credit history or credit rating or providing advice or assistance to Report Subject with regard to improving Report Subject’s credit record, credit history or credit rating. Report Subject acknowledges and agrees that Report Subject is not seeking to purchase, use, or access any of the Service, Service Website, and Content in order to do so.

22. NO WARRANTY BY CIC

REPORT SUBJECT ACKNOWLEDGES THAT THE INFORMATION PROVIDED TO REPORT SUBJECT THROUGH THE REPORT SERVICE, AND THE REPORT SUBJECT’S BACKGROUND SCREENING REPORT, MAY CHANGE OVER TIME AS REPORT SUBJECT’S REPORT CHANGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, SERVICE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICE, SERVICE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. CIC, ITS SUPPLIERS, AND ITS DATA PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICE, SERVICE WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM CIC DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. CIC MAKES NO WARRANTY THAT (I) THE SERVICE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR CONTENT WILL BE RELIABLE.

23. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT CIC WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE ANY SERVICE, THE SERVICE WEBSITE OR CONTENT, EVEN IF CIC HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. 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, LIABILITY IS IMPOSED UPON CIC, THEN YOU AGREE THAT CIC’S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM CIC’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE MONETARY AMOUNT, IF ANY, PAID BY THE APPLICABLE REPORT SUBJECT.

24. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

SUMMARY:

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING CIC’S CUSTOMER SERVICE DEPARTMENT AT COMPLIANCE@CICREPORTS.COM REGARDING THE SERVICE, SERVICE WEBSITE OR CONTENT. IN THE UNLIKELY EVENT THAT CIC’S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF CIC HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE 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 VERY 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. CIC WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND CIC WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

Arbitration Agreement:

(a) CIC and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Service, Service Website, or Content to the maximum extent permitted by law, 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 directly relating to the Service, Content, and/or your use of the Service Website subject to arbitration to the fullest extent permitted by law. This agreement to arbitrate includes, but is not limited to:

claims arising out of or relating to any aspect of the relationship between us arising out of the Service, Service Website, or Content, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.

For purposes of this arbitration provision, references to “CIC,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Service, Content and /or Service Website or information under this or prior Agreements between us relating to the Service, Content and /or Service Website.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and CIC are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

You may obtain more information about arbitration from www.adr.org.

(b) 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 CIC should be addressed to: Attn: Compliance, CIC, 3700 Crestwood Parkway NW, Suite 270, Duluth, Georgia 30096-5583 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief you seek from CIC (“Demand”). If CIC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CIC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CIC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CIC is entitled.

(c) After CIC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, CIC will pay it directly upon receiving a written request at the Notice Address.) 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. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. 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. The AAA Rules may change from time to time, and you should review them periodically.

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. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless CIC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing 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. Except as otherwise provided for herein, CIC will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse CIC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

(d) 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.

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

(f) YOU AND CIC 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 CIC 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 specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (f) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (f) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration.

(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if CIC makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in the Service, or subsequent to your purchase of the Service, you may reject any such change and require CIC to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service by providing Notice to CIC at the Notice Address above prior to initiating your dispute.

25. DATA AND INTELLECTUAL PROPERTY OWNERSHIP

You acknowledge that CIC has expended substantial time, effort and funds to create and deliver the Service and compile its various databases. All data in CIC’s databases and any other intellectual property that are part of the Service are and will continue to be CIC’s exclusive property. Nothing contained in this Agreement shall be deemed to convey to you or to any other party any ownership interest in or to intellectual property or data provided in connection with the Service.

26. TRADEMARKS

You acknowledge and agree that the name CIC and CIC Logo, and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of CIC (collectively “Marks”). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. CIC’s Marks may not be used in connection with any product or service that is not CIC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CIC. All other trademarks, names, or logos not owned by CIC that appear on this Service Website are the property of their respective owners.

27. WAIVER

No failure on the part of either party to enforce any covenant, agreement, or condition of this Agreement shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of either party to enforce the same in the event of any subsequent breach by the other party.

28. AUDIT

CIC will have the right to audit your use of the Service to assure compliance with the terms of this Agreement. You will be responsible for assuring full cooperation with CIC in connection with such audits and will provide CIC access to such properties and records as CIC may reasonably require for such purpose.

29. ASSIGNMENT

You acknowledge and agree that CIC may assign or transfer its rights and obligations under this Agreement to any third party. Any assignment or transfer shall not entitle you to any change in terms or refunds. End User and Report Subject may not assign or transfer their rights and obligations under this Agreement without CIC’s written permission, which may be denied in CIC’s sole discretion.

30. GOVERNING LAW

The interpretation and enforcement of the arbitration provision contained in Section 25 of this Agreement is governed by the Federal Arbitration Act. This Agreement shall otherwise be governed by, construed and enforced in accordance with the laws of the State of Georgia without giving effect to any principles of conflicts of law.

31. SEVERABILITY

This Agreement shall be deemed to be severable and, if any provision is determined to be void or unenforceable, then that provision will be deemed severed and the remainder of the Agreement will remain in effect. The foregoing does not apply to Section 25(f) of this Agreement; if Section 25(f), or any portion thereof, is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

32. FORCE MAJEURE

CIC shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.

33. ENTIRE AGREEMENT

These Terms of Use, the Privacy Policy, and other policies CIC may post to the Service Website constitute the entire Agreement between CIC and you in connection with your use of the Service, the Service Website, and the Content, and supersede any prior versions of the Terms of Use, if applicable. The Terms of Use are effective until terminated by CIC. In the event of termination, the Intellectual Property, Disclaimers, and Limitations of Liability provisions set forth in these Terms of Use will survive, in addition to any other provisions of this Agreement that would normally survive termination for any reason. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Service Website or otherwise, these Terms of Use will control. As set forth in Section 32 herein, if any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The foregoing does not apply to Section 25(f) of this Agreement; if Section 25(f), or any portion thereof, is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. The section headings are for convenience only and do not have any force or effect.

BY CLICKING THE “I agree” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN SECTION 25 ENTITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION,” AND CONSENT TO THIS BINDING ELECTRONIC TRANSACTION. YOU FURTHER AGREE THAT YOUR ELECTRONIC SIGNATURE IS EFFECTIVE AND YOU WILL NOT CONTEST THE LEGALLY BINDING NATURE, VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN SECTION 25, BASED ON THE FACT THAT THE TERMS WERE ACCEPTED ELECTRONICALLY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY RECEIVE RELATED NOTICES AND OTHER SERVICES ELECTRONICALLY THROUGHOUT YOUR ENTIRE COURSE OF PARTICIPATION IN THE SERVICE.

This Agreement and any related transactions entered into electronically will be deemed to be “in writing” and to have been “signed” by you with the same effect as a manual signature (and any electronic record of such Agreement entered into online will be deemed to be “in writing.”)

You acknowledge that you have a printer or other device to print or save this Agreement. After clicking “I agree,” you may contact us at compliance@CICReports.com to obtain a paper copy of this Agreement or any other electronic record provided as part of the Service. The provision of certain records in paper form may be subject to additional fees. In addition, you may withdraw your consent to conduct transactions electronically by contacting us at compliance@CICReports.com, though doing so will act as a notice of termination of this Agreement. You are required to update your contact information when it changes thru the Service Website.

Updated 7-2-2021