Effective Date: August 01, 2023
Please read carefully before using this Site.
FURTHER, IF YOU ENROLL IN OR USE ANY OF OUR PROGRAMS, YOU ALSO REPRESENT AND WARRANT THAT YOU ARE A U.S. RESIDENT, AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL ACCOUNTS THAT ARE DIRECTLY ASSOCIATED YOUR INFORMATION OR INFORMATION YOU ARE LEGALLY PERMITTED AND AUTHORIZED TO PROVIDE.
IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MUST NOT ENROLL OR REGISTER FOR ANY OF THE SERVICES OR OTHERWISE USE THE SITES.
UNLESS YOU CONTACT US WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR INITIAL EMAIL YOUR ENROLLMENT WILL INCLUDE THE PROVISIONING OF ANY APPLICABLE INSURANCE COVERAGE.
License to Use the Site
(b) Written Instructions: You understand that by enrolling in our Services, you are providing consent and written instructions to IDStrong and its third-party processors, which may include CSIdentity Corporation (CSID) to exchange information about you with third party data sources and suppliers and/or obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You agree and hereby authorize us and our third-party processors to provide your personally identifiable information to third parties as provided in our Privacy Notice, which may be amended from time to time. You also authorize us and our third-party processors to use your Social Security number to access your personal credit profile; verify your identity; provide credit monitoring, reporting and scoring products; and otherwise in accordance with our Privacy Notice. You waive any and all claims against us and any other third-parties involved in providing you with the Services for the acts and omissions of these third parties with regard to the use or disclosure of such information. You further authorize us to obtain various information and reports about you in order to provide the Services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.
(c) Free Scan: We offer you the option to have IDStrong run a free scan of certain of your personal information and present you with the initial results of that scan (the "Free Scan"). You agree that we may use the personal information you provide, including your name, telephone number, email address, and preferred state, to perform the Free Scan, check that personal information against our public records databases and data breach databases, and present you with the initial results. Additional search options and reports are available with the purchase of IDStrong services.
(d) Authorized Use: You agree that you will only use the Services only for your own behalf to protect against, monitor, or prevent fraud, unauthorized transactions, claims or other liabilities. You further agree that to the extent you use the Services to act on behalf of another individual, You agree that you have all necessary authorizations, consents and legal authority to do so.
Privacy and Security
Terms of Purchase
(b) Account Information: When enrolling on the Sites, we will ask you for the following types of information: contact information (such as name, address, phone number, and email address); sensitive information (such as date of birth, driver's license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our Services, and to fulfill our obligation to provide our Services to you, including communicating with third parties as necessary to provide such Services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others. For additional information on our privacy practices, please visit our Privacy Notice https://www.idstrong.com/privacy.
(c) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) are at least 18 years of age or older; (ii) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, and (iii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction.
BY USING IDSTRONG OR PURCHASING IDSTRONG SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER AND MEET ALL ELIGIBILITY CRITERIA OUTLINED IN THIS PARAGRAPH.
(d) Account Confidentiality, Security & Passwords: Upon registration on the Site, you will provide us with a password to access your account. You are responsible for maintaining the confidentiality of your password, your account and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your User Account.
You are solely responsible for maintaining the security of your email accounts, social media accounts, and financial and other accounts through the use of strong passwords, two-factor authentication, and other safety measures. If you suspect your account credentials have been compromised, you should immediately create new credentials and notify the relevant service or financial institution.
YOU AGREE THAT WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY COST, LOSS, DAMAGES OR EXPENSES ARISING OUT OF A FAILURE BY YOU TO MAINTAIN THE SECURITY OF YOUR ACCOUNT.
(e) Trial Periods: We may offer you access to a free trial use of IDStrong services. If you choose a free trial, your paid subscription will begin following the expiration of the free trial period, and fees for your subscription will be billed to the payment method provided as part of your Payment Information. To cancel your subscription before incurring your first subscription charge, contact customer service within the trial period.
(f) Payment of Fees: Payment of fees for purchases of IDStrong services must be made with current and valid payment method information ("Payment Information"). If your Payment Information is insufficient, or not accurate, current, and complete, and you do not notify us promptly when such information changes, we may refuse your use of IDStrong and, where applicable, suspend or terminate your subscription. Upon completion of the registration process, and payment to us of any fees owed, you will become eligible to receive the Services for which you have enrolled.
(g) Billing Policies: Fees will be billed to the payment method provided as part of your Payment Information on a recurring monthly basis until you cancel your subscription. You may cancel your subscription at any time by contacting customer services. Please note that subscription fees are billed monthly in advance; we will not refund the unused portion of your monthly subscription. You acknowledge and agree that we may preauthorize your card and we will not obtain additional authorization from you for each recurring fee charged to your Payment Account.
Charges for IDStrong services will appear on your credit or debit card bill as IDSTRONG or IDSTRONG.COM or
(h) Personal Internet and Identity Insurance: When you sign up with IDStrong, you will be enrolled in IDStrong's Personal Internet and Identity Protection insurance program which will insure you against certain losses and reimbursed for certain out of pocket costs and expenses related to identity theft events, including:
- Replacement of Documents;
- Travel Expenses;
- Lost Wages;
- Childcare/Elderly Care;
- Fraudulent Withdrawals/Unauthorized Electronic Funds Transfer (EFT); Reimbursement Coverage; and
- Legal Costs.
Please review the Summary of Benefits of the insurance policy (provided sow), which explains the benefit limits and maximum reimbursements for the available services.
Personal Internet and Identity Protection insurance is underwritten by Lloyd's. You may view the terms, conditions, and exclusions of coverage on the IDStrong website. Coverage may not be available in all jurisdictions.
(i) Cancellation and Termination by You: You are solely responsible for properly canceling your User Account. You can cancel your User Account at any time by clicking on the settings link in the global navigation bar at the top of the screen. The settings screen provides a simple no-questions-asked cancellation link. Your cancellation will take effect immediately; however, the cancellation of your User Account will have no impact on any pending orders made via the Site. Any cancellation request will result in the cancellation of any upcoming invoices and/or bills associated with your User Account.
Changes to our Services
We reserve the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time. We may also modify the terms that apply to the features and your use of the Services. We shall make reasonable attempts to provide you with notice of such modifications by posting them on the Site. We have no obligation to provide direct notice of any such changes. We reserve the right to define eligibility criteria for the Services, and make changes to those criteria at any time.
Unless you have otherwise affirmatively agreed to such changes, by continuing to use the Service(s) and Site after any such changes or modifications to the Service(s) become effective, you agree to be bound by the revised terms. If you object to such change, your sole remedy shall be to terminate and/or cancel the Service. You can cancel the Service at any time.
Monitoring Services and Alerts
IDStrong offers services for monitoring important information including your personal identity information, public records information, social media accounts, personal credit, and financial information. To enable our monitoring services, you may provide us with the relevant account information, such as credit card numbers, bank accounts, and social media accounts ("Account Information"). If you choose to activate monitoring services, you authorize IDStrong to monitor the web regarding your accounts on your behalf, and to access your credit report and credit score. You hereby grant us a non-exclusive, royalty-free, fully paid-up, license to use Account Information in order to provide you with IDStrong services. You are solely responsible for providing us with current and updated Account Information.
You may elect to have alerts concerning your credit report, credit score, online account security, and public records information delivered to your computer and mobile devices via email and/or SMS. You expressly authorize us to deliver such alerts to the email address and/or mobile number(s) you have provided to us. We will continue to deliver alerts to you until you change your delivery preferences or deactivate monitoring services. If your email address or mobile number changes, you must update that information with IDStrong in order to continue to receive alerts. Standard text messaging and data rates apply. You are solely responsible for all fees charged by your mobile service provider. You may unsubscribe from the alerts at any time.
We reserve the right to add, remove, or modify the types of transactions for which we provide alerts at any time and without advance notice to you.
You acknowledge and agree that the Sites and any alerts provided are not intended to provide legal, tax or financial advice recommendations.
The frequency of alerts will vary based on the type of alert and monitoring service. We do not guarantee the actual, complete, or timely delivery or alerts. WE ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY TO, THE FAILURE OF ANY ALERT TO BE ACTUALLY, ACCURATELY, FULLY OR TIMELY DELIVERED TO YOU FOR ANY REASON WHATSOEVER, INCLUDING THOSE CAUSED BY A TECHNICAL ERROR OR OTHER PROBLEM.
YOU AGREE AND UNDERSTAND THAT WE DO NOT MONITOR ALL POSSIBLE TRANSACTIONS WHICH MAY INVOLVE YOUR PERSONAL OR FINANCIAL INFORMATION, AND THAT INFORMATION BASED ON PUBLICLY AVAILABLE RECORDS MAY BE INCORRECT OR OUTDATED. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY BASED ON YOUR RELIANCE ON OR USE OF ANY INFORMATION CONTAINED IN ANY ALERT, THE INACCURACY OR UNTIMELINESS OF ANY INFORMATION CONTAINED IN ANY ALERT, OR DUE TO A FAILURE TO SEND OR RECEIVE AN ALERT.
IDSTRONG SERVICES DO NOT INCLUDE THE PLACEMENT OF FRAUD ALERTS WITH CREDIT REPORTING COMPANIES. YOU ARE SOLELY RESPONSIBLE FOR NOTIFYING CREDIT REPORTING COMPANIES OF POSSIBLE FRAUDULENT ACTIVITY.
You may elect to receive alerts from IDStrong concerning your credit report, credit score, online account security, and public records information delivered to your mobile devices via SMS. The message frequency varies. You expressly authorize us to deliver such alerts to the mobile number(s) you have provided to us. We will continue to deliver alerts to you until you change your delivery preferences or deactivate monitoring services. You may unsubscribe from SMS alerts at any time, including by replying STOP to the alert. HELP keyword instructions, "Reply HELP for help". If your mobile number changes, you must update that information with IDStrong in order to continue to receive alerts. Message and data rates apply. Carriers are not liable for delayed or undelivered messages. You are solely responsible for all fees charged by your mobile service provider.
You may elect to receive alerts from IDStrong concerning your credit report, credit score, online account security, and public records information delivered to you via email. You expressly authorize us to deliver such alerts to the email address you have provided to us. We will continue to deliver alerts to you until you change your delivery preferences or deactivate monitoring services. If your email address changes, you must update that information with IDStrong in order to continue to receive alerts. You may unsubscribe from email alerts at any time.
Credit Reports & Credit Scores
The Sites may provide the opportunity for you to monitor your credit report or score ("Credit Services"). Your enrollment in any Service that includes Credit Services depends upon both (i) the credit bureau's ability to locate your credit file in their records, and (ii) the successful authentication of your identity. If you do not meet these requirements, your membership plan will continue to provide all other services, and will exclude the Credit Services.
Credit Services may provide you with your credit score. The credit score is provided for your own educational use only.
(b) VantageScore 3.0 Credit Scores Disclosure
VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So, your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.
There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if your lender gives you a score that's different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
InfoPay, Inc. is not a "consumer reporting agency" as defined under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended, and the information in our databases has not been collected in whole or in part for the purpose of furnishing "consumer reports" as defined by the FCRA. Rather, the information has been obtained by us as a result of being publicly available to us for our possession, use and dissemination. The IDStrong services are not intended or expected to be used for any purpose under the FCRA, and you agree and understand that you may not and will not use the IDStrong services for any such purpose.
Restrictions on Use
You are responsible for your access or use of the Sites.
(a) General Use Restrictions: You agree that you shall not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify IDStrong in any manner or form, (iii) copy, distribute, or create derivative works based on the IDStrong Content (as defined below), (iv) exploit the IDStrong Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey IDStrong or any elements thereof.
(e) No Automated or Non-Human Means of Access: You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site's operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
(f) Additional permissions: You may request additional permissions to use any IDStrong Content by contacting us as described on the Sites. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on whose behalf you may be requesting permissions.
Your Messages, Requests, or Other Comments or Content to or for Us
The Sites may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.
Notwithstanding anything to the contrary set forth herein or otherwise, we will have the right to collect and analyze data and other information relating to the provision, use or performance of the Sites and related systems and technologies (including information concerning user data and data derived therefrom), and to aggregate and/or anonymize all such data and information. IDStrong will be free at any time to: (i) use such information and data to improve and enhance IDStrong's offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business. Any such use of information under this provision shall be in conformance with our Privacy Notice, available at https://www.idstrong.com/privacy.
Linked Websites on the Sites
Links to the Sites
You may not create a link to any page of our Sites without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Sites by linking to it.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF IDSTRONG IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IDSTRONG IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE". WE 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 ON THE IDSTRONG WEBSITE OR IN ANY OTHER MATERIALS YOU MAY RECEIVE FROM IDSTRONG DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, NEITHER WE NOR OUR SERVICE PROVIDERS OR THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION CONTRACTORS MAKE ANY WARRANTY OR REPRESENTATION OR ASSUME ANY LIABILITY REGARDING THE USE, VALIDITY, ACCURACY, AVAILABILITY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, IDSTRONG. YOUR USE OF IDSTRONG IS SOLELY AT YOUR OWN RISK.
IDSTRONG DOES NOT AND CANNOT DETECT, PREVENT, OR REPORT ALL DATA BREACHES, IDENTITY THEFT. WE DO NOT AND CANNOT GUARANTEE THAT THE PUBLIC RECORDS INFORMATION MADE AVAILABLE ON IDSTRONG IS ACCURATE OR UP TO DATE.
Limitation of Liability
(c) Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT INFOPAY, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS, AND THEIR AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITES (OR ANY IDStrong Content)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
NEITHER WE, OUR SERVICE PROVIDERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, Experian Confidential (v9/2021) 4 OR CREDIT SCORE. NEITHER CLIENT, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF INFOPAY, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Governing Law and Jurisdiction
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
1. Arbitration Notice
The arbitration shall be held in Boston, Massachusetts or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Notice. The arbitrator may award declaratory or 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. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
CLASS ACTION WAIVER: YOU, ON THE ONE HAND, AND THE COMPANY AND/OR ITS SERVICE PROVIDERS ON THE OTHER, AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. For the avoidance of doubt, unless both You on the one hand and Company and/or Company’s service providers on the other 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. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration notice shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
EXEMPT CLAIMS: You and the Company agree that the following types of claims are not required to be submitted to an arbitration subject to the following conditions:
You or we are not required to arbitrate a claim brought on an individual basis We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
ARBITRATION ARISING FROM CREDIT REPORTS: Where your claim arises from your credit profile or credit report, the following terms apply to this arbitration provision:
At your request, we will promptly reimburse you for your payment of any arbitration 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, we will pay it directly after receiving a written request). We will pay all costs of arbitration, no matter who wins, so long as your claim is not frivolous. However, in arbitration, you, on the one hand, and we, on the other, are entitled to recover attorneys’ fees from each other party to the same extent as you and we would be in court. Despite the foregoing and unless you are a California resident, you will reimburse us for all Fees if (i) we prevail in the dispute, unless the arbitrator determines that this would make the costs of arbitration cost-prohibitive; or (ii) if the arbitrator determines the claims you asserted were for the purposes of harassment or other improper purpose.
You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this Arbitration Provision.
OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within 60 calendar days of your agreement to this Arbitration Provision by mail to firstname.lastname@example.org . Include your name, address, and date in the correspondence. This is the only way you can opt-out.
2. Claims and Disputes Must be Filed Within One Year
Location of the Sites and your Use
We operate or control the operation of the Sites from the United States. In addition, the Sites may be mirrored, and other websites operated or controlled by us may be operated from various locations in and outside of the United States. We make no representation or warranty that all of the features of the Sites will be available to you outside of the United States, or that the Sites are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use the Sites from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
227 Lewis Wharf
Boston, MA 02110
Summary of Benefits
Personal Internet & Identity Protection
For Members Within the United States of America
As a registered member, you are entitled to the benefits listed below for so long as your membership is in good standing. This Summary of Benefits does not state all the terms, conditions, and exclusions of the Policy. Your coverage will be subject to all of the terms, conditions, and exclusions of the Master Policy, even if they are not mentioned in this Summary. In exchange for receiving these benefits, and as a prerequisite for obtaining them, you agree to abide by the terms and conditions herein.
The Personal Internet & Identity Protection is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company under group or blanket policy(ies). The description herein is a summary and intended for informational purposes only and does not include all terms, conditions and exclusions of the policies described. Please refer to the actual policies for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions.
If you have any questions regarding your benefits, please call the customer service number located in your membership materials.
Costs to restore identity and / or reimbursement of expenses including:
- 1. Cost of Replacing Documents - Up to $2,000.00 for each Stolen Identity Event.
- 2. Traveling Expenses- Up to $2,500.00 for each Stolen Identity Event.
- 3. Loss of Income- Up to $200.00 per day, for a maximum benefit period of one (1) month, but not to exceed $6,000.00 for any one Stolen Identity Event.
- 4. Childcare/Elderly Care- Up to $200.00 per day, for a maximum benefit period of one (1) month, but not to exceed $6,000.00 for any one Stolen Identity Event.
- 5. Unauthorized Electronic Funds Transfer- Up to $10,000.00 resulting from any one Stolen Identity Event.
- 6. Legal Costs- Up to a total of $1,000,000.00 for any one Stolen Identity Event.
Coverage is subject to conditions and exclusions in the policy. The policy covers the United States and Puerto Rico, but excludes New York.
The most We will pay you under this Protector Program benefit is up to $1,000,000 per event, or the limits stated above, whichever is the lesser amount.
Filing a Claim: To file a claim for benefit entitlement under this program, please call: 1-866-884-0688.
We shall pay you for the following in the event of a Stolen Identity Event:
- 1. Reasonable and necessary costs incurred by you for re-filing applications for loans, grants or other credit instruments that are rejected solely as a result of a Stolen Identity Event;
- 2. Reasonable and necessary costs incurred by you for notarizing affidavits or other similar documents, long distance telephone calls and postage solely as a result of your efforts to report Stolen Identity Event and/or amend or rectify records as your true name or identity as a result of a Stolen Identity Event.
- 3. Reasonable and necessary costs incurred by you with our consent for up to six credit reports from established credit bureaus (with no more than two reports from any one credit bureau) dated within six (6) months after your knowledge or discovery of a Stolen Identity Event.
Replacement of Documents.
The actual cost of replacing documents as a result of a Stolen Identity Event including but not limited to, driver's licenses, passports, birth certificates, marriage certificates and stock certificates, including the cost of additional legal expenses such as affidavits required in connection with obtaining a replacement document.
The reasonable additional expenses (including, but not limited to, gas, parking, and airline tickets) incurred by you or by your authorized representative, holding a power of attorney or guardianship appointment to act on your behalf, in traveling to obtain replacement documents, to attend government departments or legal representatives, or to rectify records in connection therewith as a result of the Stolen Identity Event.
Loss of Income.
Actual lost income that would have been earned in the United States, whether partial or whole days, for time reasonably and necessarily taken off work and away from the work premises of you or your authorized representative, holding a power of attorney or guardianship appointment to act on behalf of you, solely as a result of efforts of you or your authorized representative to amend or rectify records relating to your true name or identity as a result of a Stolen Identity Event. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days but not for sick days or any cost arising from time taken from self-employment. Coverage is limited to wages lost within twelve months after your discovery of a Stolen Identity Event.
Childcare and Elderly Care.
The cost to you or your authorized representative, holding a power of attorney or guardianship appointment to act on your behalf, of providing additional childcare or care of elderly relatives for which you (or your authorized representative, holding a power of attorney or guardianship appointment to act on your behalf) is directly responsible while having to travel to replace documents, attend government departments or legal representatives, or rectify records as a result of a Stolen Identity Event.
Unauthorized Electronic Fund Transfer Reimbursement.
The principal amount, exclusive of interest and fees, incurred by you and caused by an Unauthorized Electronic Fund Transfer first occurring during the policy period for which you have first sought reimbursement from the financial institution which issued the access device and holds the account from which funds were stolen, and for which you have not received reimbursement from any source.
Legal defense fees and expenses.
Reasonable and necessary fees and expenses incurred in the United States by you using your attorney to:
- 1. Defend any civil suit brought against you by a creditor or collection agency or entity acting on behalf of a creditor for non-payment of goods or services or default on a loan as a results of a Stolen Identity Event;
- 2. Remove any civil judgment wrongfully entered against you as a result of a Stolen Identity Event.
For the purposes of your entitlement to benefits under this program, the following definitions shall apply:
Access Devices means a card, code or other means of access to a Member's Account, or any combination thereof, that may be used by the Member of initial Fund Transfers.
Account means a cash, demand deposit *checking), savings, money market, brokerage, or credit account of the Member held directly or indirectly by a financial or credit institution and established primarily for personal, family or household purposes.
Business means any employment, trade, profession or occupation.
Financial institution means a bank, savings, association, credit union, credit institution or company issuing credit, or any other person that directly or indirectly holds an account belonging to a member, or that issuing an access device and agrees with a member to provide fund transfer services.
Fund Transfer means any transfer of funds, including any that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing or authorizing financial institution to debit or credit a member's account. Fund transfer includes but is not limited to (i) point of sale transfers; (ii) automated teller machine transfers; (iii) direct deposits or withdrawals of funds; (iv) transfers initiated by telephone; and (v) transfers resulting from debit or credit card transactions, whether or not initiated through an electronic terminal.
Loss means costs relating to the member benefits defined in this document.
Stolen Identity Event means the theft of your personal identification, [Government issued identifying number, e.g. social security number], or other method of identifying you, which has or could reasonably result in the wrongful use of such information, including but not limited to Stolen Identity Events occurring on or arising out of your use of the internet. A Stolen Identity Event does not include theft or unauthorized or illegal use of your business name, d/b/a or any other method of identifying your business activity.
Stolen Funds Loss means the principal amount, exclusive of interest and fees, incurred by the member and caused by an unauthorized fund transfer. Stolen funds loss shall not include any amount for which the member did not seek or receive reimbursement from the financial or credit institution which holds the account from which funds were stolen, and Stolen Funds Loss shall not include any amount for which the member received reimbursement from any source.
Unauthorized Fund Transfer means an electronic fund transfer from your personal deposit account initiated by a person other than you without the actual authority to initiate such transfer and from which you receive no benefit. An Unauthorized Electronic Fund Transfer (UEFT) does not include an electronic fund transfer initiated:
- 1. by a person who was furnished the access device to your account by you, unless you have notified the financial institution that transfers by such person are no longer authorized;
- 2. with fraudulent intent by you or any person acting in concert with you;
- 3. by the financial institution of its employee; or
- 4. from any business or commercial account.
"You", "Your" or "The Member" means the natural person who, at the time of a Stolen Identity Event is on record as enrolled in a Membership Program that includes the benefits stated herein.
"We", "Us", "Our" means the company providing this Protector Program.
You shall have the following duties and obligations at all times. This program provides benefits to you only if you follow these duties and obligations, which are in addition to any of your obligations otherwise specified within.
A. If a stolen identity event occurs, you shall:
Promptly, but no later than 90 days after a stolen identity event occurs, notify us of a stolen identity event. You shall also follow our written instructions to mitigate potential loss, which will be provided to you in a claims kit and which will include the prompt notification of the major credit bureaus, the Federal Trade Commission's Identity Theft Hotline and appropriate law enforcement agencies.
B. If a Stolen Funds Loss occurs, you shall also:
- 1. Promptly, but no later than 90 days after first discovery by you of a stolen identity event notify us of the loss, submit to us the written proof of stolen funds loss provided to you in a claims kit, and provide any other reasonable information or documentation that we may request;
- 2. Take all reasonable steps to mitigate loss resulting from a stolen identity event including, but not limited to, requesting a waiver for any applicable fees, loan application fees or credit bureau fees; and
- 3. Provide all assistance and cooperation that we may require in the investigation and determination of any loss,
including but not limited to:
- 1. Immediately forwarding to us any notices, summons or legal papers received by you in connection with a loss or the identity theft;
- 2. Authorizing us to obtain records and other information with regard to any loss;
- 3. Cooperating with and helping us to enforce any legal rights that you or us may have against anyone who may be liable to you;
- 4. Attending depositions, hearings and trials, securing and giving evidence, and obtaining the attendance of witnesses with regard to any loss; or
- 5. Answering questions under oath from us or our authorized representatives at such times as may be reasonably required about any matter relating to your loss, as well as permitting us or our authorized representatives to inspect your books and records. In such event, your answers under oath will be signed.
C. If a Stolen Funds Loss occurs, you shall:
- 1. Take all reasonable steps to prevent further stolen funds loss after suffering an unauthorized electronic fund transfer including, but not limited, to promptly contracting the financial institution which issued the access device and holds the account;
- 2. Take all reasonable steps to obtain reimbursement for the stolen funds loss from the financial institution which issued the access device and holds the account;
- 3. Promptly give notice to us of the stolen funds loss and detailed information regarding the stolen funds loss, including without limitation, the type, dates, and amount of stolen funds loss;
- 4. Send you at our request, a signed, sworn proof of stolen funds loss, or affidavit containing the information our request to investigate the stolen funds loss. The member shall do this within sixty (60) days after your request. WE shall supply you with the necessary forms;
- 5. Provide us with complete description of efforts to obtain reimbursement from the financial institution that issued the access device and holds the account and stated reasons why full or partial reimbursement was not provided; and
- 6. Provide any other reasonable information or documentation that we may request.
Period of Benefit Entitlement
You will only be entitled to benefits under this program if a Stolen Identity Event or Unauthorized Electronic Fund Transfer first occurs while you are a registered member and you have reported the event to us in accordance with the terms and conditions herein. You will not be entitled to any benefit if the Stolen Identity Event or Unauthorized Electronic Fund Transfer first occurs prior to you becoming a member or after your membership ends.
Other Benefits or Insurances
The Protector Program benefits will be provided only in excess of any other benefit or insurance, including without limitation, homeowner's or renter's insurance. Ifyou have other benefits or insurance that applies any losses under this program, the other benefit or insurance shall pay first. This program only applies to the amount of loss that is in excess of any other applicable insurance in no event shall we pay more than what is shown for the benefits that what is shown above.
Should you be enrolled in more than one membership program provided by us or any of our affiliates, we will reimburse you under each membership program subject to the applicable terms and conditions of each membership program. In addition, in no event shall the total amount reimbursed to you under all membership programs exceed the actual amount of loss.
* The Internet Identity Coverage is backed by an insurance policy issued to CSIdentity Corporation by an A.M. Best "A-rated" Underwriter.
In the event the policy is terminated, non-renewed or canceled CSIdentity Corporation will cancel your benefits on the effective date of that termination, non-renewal or cancelation.