Please read and accept these disclosures, disclaimers and authorizations in order to purchase the services of Annual Reports, LLC through this web site and request disclosure of your files from the specialty nationwide consumer reporting agencies.

CONSENT TO PRIVACY POLICY AND TERMS OF USE

I acknowledge and agree that I have received and am able to read the (i) Privacy Policy, and (ii) Website Terms of Use (linked documents). I agree to be bound by the terms and conditions of both of these documents.

ACCEPTANCE OF USER AGREEMENT

These Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to all: (a) transactions between you and Annual Reports, LLC. (“AR”) all transactions through the www.annualmedicalreport.com website and all other websites owned and operated by AR, including, but not limited to, your purchase of the service known as request for disclosure of Annual Medical Report; (b) your access to and use of the websites located at www.annualmedicalreport.com (the “Product Websites”); and (d) your access to and use of consumer resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the “Content”). To contact us, please use the contact form.

YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS AND SERVICES, PRODUCT WEBSITES AND CONTENT ARE SUBJECT TO THIS USER AGREEMENT, ALL TERMS AND CONDITIONS CONTAINED HEREIN, AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCTS AND SERVICES, PRODUCT WEBSITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, SERVICE, PRODUCT WEBSITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT AND SERVICE, PRODUCT WEBSITE, OR CONTENT.

This Agreement may be updated from time to time. Online customers should check the Product Websites regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products and Services, Product Websites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.

CONSENT TO USE OF THE PRODUCT AND SERVICES

In consideration of your order of, access to, and/or use of any Product, Service, Product Website, and/or Content you agree to provide true, accurate, complete and current information about yourself and any minor children or authorized person under your legal guardianship you are requesting for, in any Product, when prompted to do so by the registration and application forms or requested to do so by AR. 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 AR has reasonable grounds to suspect that such information is untrue, inaccurate or not current, AR, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Service, Product Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Service, Product Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that AR will not be liable to you, your minor children or any third party if AR suspends or terminates your order of, use of, or access to any Product, Service, Product Websites or Content, or any portion thereof, for any reason.

I acknowledge and agree that by submitting my order I am authorizing AR to deliver, by standard mail service (e.g., U.S. Postal Mail) to specialty nationwide consumer reporting agencies, the necessary “written instructions” provided by the Fair Credit Reporting Act, as amended (“FCRA”), to request “annual disclosure” of the consumer report file provided to me, my minor children, or authorized person under my legal guardianship. I consent for AR to collect the personal information (or that of any minor children or authorized person under my legal guardianship) to submit my written request (or that of any minor children or authorized person under my legal guardianship) and to verify my identity (or that of any minor children or authorized person under my legal guardianship). If I (or that of any minor children or authorized person under my legal guardianship) have already made a request for annual disclosure once without charge during the past twelve months from the specialty nationwide consumer reporting companies, I acknowledge and agree that these consumer reporting agency companies may assess additional fee(s) upon me to access my consumer report file. I acknowledge and agree that AR does not make any warranties, assertions, or representations of any nature that I am entitled to disclosure of my consumer report file (or that of any minor children or authorized person under my legal guardianship); I (or that of any minor children or authorized person under your legal guardianship) will not hold AR responsible for payment of these fee(s) or, on for this reason, demand a refund of payment for your order of, access to, and/or use of any Product, Service, Product Website, and/or Content.

Choice of Law and Forum

I acknowledge and agree that any dispute arising out of or relating to these Terms of Use or any content posted to the Site, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the State of New Jersey, excluding its conflicts of law provisions. I acknowledge and consent to the personal jurisdiction of and exclusive venue in the federal and state courts located therein as the legal forum for any such dispute. I acknowledge and agree that neither I, nor any of my minor children or authorized person(s) under my legal guardianship, or any third-party agent, heir , or assign) shall be entitled to join or consolidate my claims by or with any other consumer(s) or litigate any claim as a representative of or member of a class or in a private attorney general capacity.

FCRA DISCLOSURES

The FCRA allows you to obtain a copy of all of the information in your consumer medical report file disclosure from any specialty nationwide consumer reporting company for a reasonable charge. In addition to annual disclosure requests, the FCRA also states that individuals are entitled to receive a disclosure directly from the specialty nationwide consumer reporting company without charge under the following circumstances:

  • You have been denied credit, insurance or employment in the past 60 days as a result of your report
  • You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification
  • You are a recipient of public welfare assistance
  • You have reason to believe that your file at the agency contains inaccurate information due to fraud

The FCRA also permits consumers to dispute inaccurate information in their consumer report without charge. You do not have to purchase your consumer report or other information from AR to dispute inaccurate or incomplete information in your nationwide specialty consumer reporting agency file or to receive a copy of your nationwide specialty consumer reporting agency disclosure. The service you are ordering from AR does not constitute the disclosure of consumer report files to, by, from, or through AR under the FCRA or similar state laws. AR is an online service for consumers to deliver written requests for annual disclosure of their consumer reporting files from the nationwide specialty consumer reporting agencies.

I acknowledge that the FCRA allows me to get one disclosure provided gratis for the information in my consumer reporting file from each of the nationwide specialty consumer reporting agencies (e.g., MIB Inc., Ingenix, Inc., Milliman, Inc.) once every 12 months through a “request in writing” or by telephone. To make this request under the FCRA from the nationwide specialty consumer reporting agencies, I must contact these agencies directly. I acknowledge that AR’s Products and Services are not represented, or designed to simulate, replace, or substitute as the FCRA disclosure that I am or or may be entitled to request directly from any consumer reporting agency. I acknowledge and confirm that I am providing written instructions under the Fair Credit Reporting Act authorizing specialty nationwide consumer reporting agencies (e.g., MIB Inc., Ingenix, Inc., Milliman, Inc.) to obtain information from my personal credit profile, if necessary, to confirm my identity or to avoid fraudulent transactions in my name.

MODIFICATION OF PRODUCTS

AR may, at its discretion, modify or discontinue any of the Products and Services, Product Websites or Content, or any portion thereof, with or without notice. You agree that AR will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Products and Services, Product Websites or Content.

SECURITY MEASURES AND AUTHENTICATION

Because AR uses security measures designed to protect your privacy and to safeguard your information, AR may not always be able to successfully provide Products and Services to you, including instant online processing of your medical report request for disclosure. For example, for certain online Products, when the system is unable to verify your identity, you may be routed through a manual authentication process. After your identity has been verified, AR will provide a private access code, which you can use to access your report online. This process is normally completed within five (5) to seven (7) days. For other products, AR cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times.

PERSONAL MAILING ADDRESS

Upon completion of your order, AR will mail your authenticated request for disclosure report to the nationwide specialty consumer reporting agencies listed on your AR’s order form receipt. It is your responsibility to monitor postal mail at the address you provided for request submission; if you are not able to access your mail at that location, you must update your disclosure request directly with each individual nationwide specialty consumer reporting agencies. AR is not responsible for the delivery of any communication, response, or notice from any nationwide specialty consumer reporting agency and is not liable for the inability of any nationwide specialty consumer reporting agency to deliver of any communication, response, or notice to you.

PERSONAL INFORMATION

AR may use your personal information to the extent necessary to process your order and/or engage in business maintenance. AR does not process, request, or possess any personal financial, medical, or insurance information.

ONLINE REQUIREMENTS

You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, Mozilla Firefox 3.0 or higher, or Apple Safari 4.0 or higher, or AOL 8.0 or higher to request your Products and Services online. As an online customer, you are agreeing to receive all notifications via email at the email address on file with AR. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.

NOTICE OF PROSECUTION

For online customers, access to and use of password protected and/or secure areas of the Product and Service Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product and Service Websites may be subject to prosecution.

Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. All individuals who utilize the site are prohibited from providing, delivering, describing, or conveying business information about AR to any other person, entity, company, organization, group, or corporation, or publicly communicating about the site without the express written consent of AR. I acknowledge and agree that AR shall have, against any person, entity, company, organization, group, or corporation that utilizes the website in order to obtain business information about AR, or causes another to do the same, a private right of action and shall be entitled, but not limited, to damages (actual and punitive), costs, attorney’s fees, and past, current, and future, revenues, incomes, goodwill value, or profits generated from any products, services, licenses, IP claims, or improvements in customer acquisition or retention created therefrom. In addition, any person who knowingly and willfully obtains a specialty consumer report or disclosure under false pretenses may face criminal prosecution under all applicable state and federal laws.

NO WARRANTY

I EXPRESSLY AGREE THAT MY USE OF THE PRODUCTS AND SERVICES, PRODUCT WEBSITES AND CONTENT IS AT MY SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. AR AND ITS SUPPLIERS 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 PRODUCTS, PRODUCT WEBSITES, CONTENT OR OTHER MATERIALS I MAY RECEIVE FROM AR DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. AR MAKES NO WARRANTY THAT (I) THE PRODUCTS, SERVICES, AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.

ACTIVATION CODES

If you are using an activation code to obtain a Product or Service, you are restricted to a one-time use of such activation code. Any subsequent use of the activation code will result in immediate termination of any associated Products or Service without notice and in accordance with the termination provision(s) in the section entitled “Use of the Products and Services,” found herein.

Please note that if you improperly obtain a Product or Service with an activation code, any credit card number you may have provided to us will also be charged with the fee for the Product or Service that was obtained improperly.

LIMITATION OF LIABILITY

I UNDERSTAND AND AGREE THAT AR WILL NOT BE LIABLE TO ME (OR ANY OF YOUR MINOR CHILDREN, OR AUTHORIZED PERSON UNDER YOUR LEGAL GUARDIANSHIP, OR THIRD-PARTY AGENT AUTHORIZED ON YOUR BEHALF, OR HEIRS, OR ASSIGNS) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO MY ACCESS TO, USE, OR INABILITY TO USE THE PRODUCTS AND SERVICES, PRODUCT WEBSITES, CONTENT OR BENEFITS, OR FROM MY ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN IF AR 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 AR, THEN YOU AGREE THAT AR’S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR CHILDREN, AND AUTHORIZED PERSON UNDER YOUR LEGAL GUARDIANSHIP, AND THIRD-PARTY AGENT AUTHORIZED ON YOUR BEHALF, AND HEIRS, AND ASSIGNS) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES (OR ANY OF YOUR MINOR CHILDREN, OR AUTHORIZED PERSON UNDER YOUR LEGAL GUARDIANSHIP, OR THIRD-PARTY AGENT AUTHORIZED ON YOUR BEHALF, OR HEIRS, OR ASSIGNS) FROM AR’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO AR FOR THE PRODUCT(S) OR SERVICE(S) YOU PURCHASE FROM AR.

NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT OR DEBT RELIEF ORGANIZATION OR HEALTHCARE SERVICES PROVIDER

AR offers products and services for consumers to electronically provide personal information to create a hardcopy, written request for delivery by mail service of consumer report files held by nationwide specialty consumer reporting agencies. AR does not offer access to your consumer report files, medical files, credit report files, or insurance claim files. AR and its affiliates are not credit repair organizations, debt relief organizations, or healthcare services providers. AR and its affiliates are not debt relief organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. I acknowledge and agree that I am not seeking to purchase, use, or access any of the Products and Services, Product Websites, and Content in order to do so. I acknowledge and agree that AR does not collect, maintain, store, process, receive, or transmit individually identifiable health information.

If you believe that your consumer report file contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant specialty nationwide consumer reporting agency, and follow the appropriate procedures for notifying the specialty nationwide consumer reporting agency that you believe that your consumer report file contains an inaccuracy. Any information provided to you regarding the procedures followed by the various specialty nationwide consumer reporting agency related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. I acknowledge that any such information is not included as part of my order with AR, but is provided at no charge to all consumers, regardless of whether they order a product or service from AR. I acknowledge and agree that AR is not responsible for the accuracy or contents of my consumer report file.

REGISTERING FOR ANY PRODUCT

To purchase any Product or Service from AR, you must have an address within the United States, provide a valid Social Security number, telephone number, occupation, address, email address and date of birth and agree to be bound by these Terms and Conditions. In other limited circumstances, you may need to provide additional personal information so that AR can process your order. You must provide valid credit card information. AR will then evaluate your complete registration information.

In certain jurisdictions sales tax at state and local rates may apply, in which case you may be charged the applicable taxes in addition to the monthly fee and/or the price of the product.

SPOUSE/ADULT CHILDREN NOT INCLUDED

AR is not able to accept and process joint registration for two or more adults. Neither your spouse nor any other adult will be enrolled in any Product or Service pursuant to your order.

PAYMENTS – ADDITIONAL TERMS AND CONDITIONS

Your order for AR’s services is not effective until your payment of the monthly/annual fee. If you so elect, renewal fees for your order will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, on the first day of each successive membership term, until you cancel your membership. Should you choose to refund your order for any reason prior to the processing of your documents by AR within 12 hours from purchase, then you may cancel your order and terminate further billing by e-mailing the customer service e-mail address listed on this Web Site or in your order invoice. If you are an annual subscriber, you may cancel anytime prior to your scheduled renew date. AR reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership.

Please note, there are different processing times across the nationwide specialty consumer reporting agencies to respond to your written disclosure, therefore you may not receive written responses all at the same time. Under the FCRA, nationwide specialty reporting agencies are required to provide a written response to your authenticated, legal request for disclosure within a stipulated time period. AR does not control and is not responsible for the request processes required by any nationwide specialty reporting agency.

REFUNDS – ADDITIONAL TERMS AND CONDITIONS

AR’s services are effective immediately upon payment by credit card. Please review your order carefully before submitting payment information and confirming your purchase. ALL SALES ARE FINAL.

FRAUD RESOLUTION – ADDITIONAL TERMS AND CONDITIONS

If you are a victim of identity theft, which is hereby defined as the act of knowingly transferring or using, without lawful authority, a means of identification with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law or a felony under applicable state or local law (“Identity Theft”), you should contact your local law enforcement agency, as well as all consumer reporting agencies directly. You acknowledge that AR does not provide any “identity theft” or “fraud resolution” advice or services.

AR is not obligated or responsible for providing Assistance for any order or request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed based on the quality of goods or services, (c) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits, (e) losses, damages or expenses that were incurred or commenced prior to the membership, or (f) theft or damages of traveler’s checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.

Reservation of Rights: AR, including its agents, independent contractors, assigns or other expressly authorized third party, reserves the right to make an independent investigation of the facts and circumstances related to any Assistance for any order or request, including making contact by telephone, email, U.S. Postal Service or otherwise, any service provider or related party it deems necessary, at its sole and absolute discretion and expense, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your Assistance request. AR reserves the right not to provide you with any Assistance or discontinue your service in the event AR determines that you knew, or should reasonably have known, of an act of Identity Theft that commenced prior to your order or request.

CONTACT

If you have any questions regarding this Policy, please contact us at [email protected] You may also reach us by postal mail at “Annual Reports, LLC. 1201 Hudson Street, Suite 216, Hoboken, NJ, 07030” or telephone during normal business hours at (646) 450 – 4633. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.

TRADEMARKS

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

COPYRIGHTS

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

PATENTS

The rights of AnnualMedicalReport.com™ are protected by law. The look and feel of the Service is Copyright (c) 2009-10, Annual Reports, LLC All rights reserved. You may not duplicate copy or reuse any portion of the HTML, PHP, CSS, JavaScript, or visual design elements or concepts without express written permission of AR. Certain aspects of this website, as well as features, services, technologies, designs, and processes, accessible from this website, may be covered by one or more current or pending United States and international patents. A patent application is pending with the United States Patent and Trademark Office.

CAN SPAM ACT

Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

DISCLAIMER OF AFFILIATION

ANNUAL REPORTS LLC IS NOT AFFILIATED WITH THE MEDICAL INFORMATION BUREAU (a/k/a MIB GROUP, INC., a/k/a MIB, INC., a/k/a MIB SOLUTIONS, INC.), A TRADE-INDUSTRY ASSOCIATION AND DELAWARE CORPORATIONS.ANNUAL REPORTS LLC  IS NOT AFFILIATED WITH INGENIX, INC., A DELAWARE CORPORATION. ANNUAL REPORTS LLC IS NOT AFFILIATED WITH MILLIMAN, INC., A DELAWARE CORPORATION.

NO SUBSTITUTE FOR PROFESSIONAL ADVICE

I acknowledge and agree that the products and services I have requested are for my information only, and are not a substitute for professional advice. I acknowledge that AR’s products and services do not constitute legal, financial, or professional advice in any capacity, nor do AR’s products and services represent an offer to provide any legal, financial, or professional services. I will not rely on AR products or services as the a (or the only) factor or source of information in making any legal, medical, insurance, financial, credit or investment decision, or relating to possible identity theft or fraud.

ENTIRE AGREEMENT

These Terms and Conditions, the Privacy Policy, and other policies AR may post constitute the entire Agreement between AR and you in connection with your use of the Product Websites (if applicable), the Products and Services, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. AR may update these Terms and Conditions from time to time by posting revised Terms and Conditions on the Product Websites, or by e-mailing an updated copy to the most recent e-mail address you have provided to AR, without notice to you, and your subsequent use of the Products and Services, Product Web Sites, and/or Content is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by AR. In the event of termination, the Intellectual Property, Disclaimers, and Limitations of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Product Websites or otherwise, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Version 1.0
Revised, January 1, 2010.