Verification Terms of Use

By submitting your Information (as defined below) to Pension Benefit Information, LLC (d/b/a PBI Research Services) (“PBI”), by either (i) responding to a letter, (ii) calling PBI, (iii) responding to an outbound call from PBI after being advised of these Terms of Use (as defined below), or (iv) clicking “Confirm My Information” on the verification system available at https://locate.pbinfo.com (collectively, the “Verification Methods”), You (as defined below) hereby acknowledge that You have read, understand and agree to be bound by these verification terms of use (these “Terms of Use”). “You” or “Your” refers to the individual that is specified in the letter or other correspondence from PBI requesting that such individual confirm or provide such individual’s information using the Verification Methods.

1. License Grants. PBI grants to You, subject to the limitations set forth in these Terms of Use, a personal, non-exclusive, non-transferable, limited license to use https://locate.pbinfo.com (the “Locate Website”) for the sole purpose of confirming or providing Your information and uploading supporting documentation (collectively, “Information”). PBI reserves the right to revoke Your access to the Locate Website at any time without notice. As between You and PBI, except for the limited license to use the Locate Website granted to You in these Terms of Use, PBI owns and shall retain all right, title, and interest in and to the Locate Website, and any portion thereof. You hereby grant PBI and its affiliates a license to incorporate and use the Information that You provide through the Verification Methods into PBI’s and its affiliates’ proprietary databases, and You consent to PBI’s and its affiliates’ disclosure of the Information to (i) PBI’s clients who have a legitimate business purpose for such Information and (ii) PBI’s vendors as necessary to process such Information or perform or improve PBI’s services, subject to Section 2.b. By providing PBI with Your Information, You direct PBI to disclose Your Information to PBI’s clients and vendors.

2. Privacy, Confidentiality and Security.

a. Privacy. PBI’s privacy policy (available online at https://pbinfo.com/privacy-policy/) details how PBI treats Your Information.

b. Confidentiality. PBI will treat Your Information as confidential information and use and disclose it in accordance with these Terms of Use (including, but not limited to, Section 1 above). Your Information, however, is not regarded as confidential information if it:

i. is or becomes public (other than through breach of these Terms of Use by PBI);

ii. was lawfully known to PBI before receiving it from You;

iii. is received by PBI from a third party without PBI’s knowledge of breach of any obligation owed to You by the third party; or

iv. was independently developed by PBI without reference to Your Information.

PBI may disclose Your Information as required by law or pursuant to legal process or government requests.

c. Security. PBI will store and process Your Information in a manner consistent with applicable industry security standards. PBI has implemented technical, organizational, and administrative systems, policies, and procedures designed to help (i) ensure the security, integrity, and confidentiality of Your Information and (ii) mitigate the risk of unauthorized access to or use of Your Information.

3. Representations and Warranties. You represent and warrant that:

a. You are the individual specified in the letter or other correspondence from PBI requesting that such individual confirm or provide such individual’s Information using the Verification Methods.

b. You have the full power and legal authority to enter into these Terms of Use.

c. You are at least eighteen (18) years of age.

d. You are a resident of the United States or its territories and are accessing, and uploading Information to, the Verification Methods from within the United States or its territories.

e. The Information You submit is true and accurate.

f. The Information You submit is delivered by You without violating, and in compliance with, any agreements, laws or regulations.

4. Unauthorized Access; Improper Use/Access.

a. Unauthorized Access. You shall not allow anyone other than You to access the Locate Website or use the Verification Methods using the reference number and letter ID (“Access Credentials”) provided to You by PBI. You shall notify PBI promptly by email at datasecurity@pbinfo.com if You suspect unauthorized use or access to the Locate Website. You are solely responsible for any unauthorized use of Your Access Credentials and any damages that may result therefrom. You shall fully cooperate with any investigation PBI initiates in response to a report of a potential risk. You shall notify PBI immediately if You become subject to any lawful order or process that would prohibit or limit Your use of the Locate Website or PBI’s use of the Information.

b. Improper Use/Access. You agree not to:

i. cause any code, files, scripts, agents or programs intended to do harm, including, for example viruses, worms, time bombs and Trojan horses, or other harmful code to be entered into the Locate Website or any of PBI’s systems, applications or technology (collectively, “PBI Technology”),

ii. sell, resell, license, sublicense, distribute, make available, rent or lease any PBI Technology,

iii. interfere with or disrupt the integrity or performance of any PBI Technology,

iv. attempt to gain unauthorized access to any PBI Technology,

v. copy any PBI Technology or any part, feature, function or user interface thereof,

vi. access any PBI Technology in order to build a competitive product or service, and

vii. reverse engineer any PBI Technology.

5. Disclaimers.

a. PBI IS A THIRD PARTY INDEPENDENT CONTRACTOR THAT ASSISTS ITS CLIENTS WITH LOCATING AND OBTAINING INFORMATION OF INDIVIDUALS WHO MAY BE ELIGIBLE FOR OR RECEIVE A PENSION, INSURANCE OR OTHER BENEFIT OR PAYMENT. THE DETERMINATION OF WHETHER YOU WILL RECEIVE SUCH A BENEFIT OR PAYMENT IS MADE INDEPENDENT OF PBI AND PBI HAS NO CONTROL OVER SUCH DETERMINATION. PBI MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY THAT BY SUBMITTING YOUR INFORMATION, YOU WILL RECEIVE ANY PENSION, INSURANCE OR OTHER BENEFIT OR PAYMENT.

b. PBI TECHNOLOGY IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PBI DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND PBI SPECIFICALLY DISCLAIMS:

i. ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; AND

ii. ANY WARRANTIES REGARDING THE AVAILABILITY, RELIABILITY, OR ACCURACY OF PBI TECHNOLOGY.

6. Indemnification. You agree to defend, indemnify, and hold PBI and its affiliates, and their officers, directors, employees, agents, and personnel harmless from and against any and all first or third party claims, demands, suits, causes of action, proceedings, costs, damages, losses, liabilities, or attorneys’ fees and costs (including but not limited to settlement costs) (collectively, “Losses”), arising out of, related to, resulting from, or alleged to result from Your violation of these Terms of Use.

7. Release; Limitation of Liability.

a. RELEASE. YOU HEREBY RELEASE PBI AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, LIENS, DEMANDS, ACTIONS, PROCEEDINGS, OR SUITS IN CONNECTION, RELATED TO, OR ARISING FROM YOUR USE OF PBI TECHNOLOGY OR THE VERIFICATION METHODS.

b. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY LAW (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, BY STATUTE, OR OTHERWISE), (A) PBI AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, REVENUES OR GOODWILL, OR SPECIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, BY STATUTE OR OTHERWISE); AND (B) THE AGGREGATE LIABILITY OF PBI FOR ANY AND ALL LOSSES ARISING OUT OF OR IN ANY MANNER RELATED TO THESE TERMS OF USE, REGARDLESS OF THE CAUSE OF THE LOSS, AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, WILL BE IN THE PAYMENT OF REASONABLE DAMAGES, IDENTIFIABLE AS AGREED UPON OR PROVABLE DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE DOLLAR ($1.00). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7.b. APPLIY EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.

8. Arbitration; Class Action Waiver.

a. BINDING ARBITRATION. YOU AND PBI AGREE THAT ANY EFFORT TO RESOLVE A DISPUTE BETWEEN YOU AND PBI WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH IN SECTION 8.b. BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

b. ARBITRATION PROCEDURES. THE FEDERAL ARBITRATION ACT APPLIES TO THIS SECTION. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND, WHERE APPLICABLE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES, BOTH OF WHICH ARE AVAILABLE AT ADR.ORG. THE ARBITRATOR IS BOUND BY THESE TERMS OF USE.

c. CLASS ACTION WAIVER. YOU AND PBI AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR PBI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR PBI ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND PBI FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, PBI, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

9. Miscellaneous. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles. In the event that Section 8 is not enforceable or in the event of the enforcement of an arbitration award, You agree that all actions or proceedings arising out of or related to these Terms of Use shall be tried and litigated exclusively in the state or federal courts located in the County of Hennepin, State of Minnesota. If PBI takes action to enforce its rights under these Terms of Use, You shall be liable for attorneys’ fees, costs and expenses (including settlement costs) incurred if PBI is the prevailing party. Your rights and obligations under these Terms of Use may not be assigned or transferred without written permission of PBI. PBI may assign these Terms of Use at any time without notice to You. No waiver of any provision herein will be binding unless executed in writing by the party making the waiver. No waiver of any provision herein will be deemed, or will constitute, a waiver of any other provision, and no waiver will constitute a continuing waiver. The following Sections of these Terms of Use shall survive termination: Section 1, 2, and 4 through 9. If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law, invalid or otherwise unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and in any event the remaining provisions of these Terms of Use shall remain in full force and effect. Except as otherwise provided herein, these Terms of Use constitute the final written agreement and understanding of the parties and is intended as a complete and exclusive statement of the terms of the agreement, which shall supersede all other representations, agreements, and understandings, whether oral or written, which relate to all matters within the scope of these Terms of Use. The terms contained herein shall supersede and govern in the event of a conflict between these Terms of Use and any new, other, or different terms in any other writing.

Last updated: 11/5/2024