Terms & Conditions
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS & CONDITIONS YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” TO CSIDENTITY CORPORATION AND ITS EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, THIRD PARTY DATA AND SERVICE PROVIDERS, AND ALL OTHER CREDIT REPORTING AGENCIES UNDER THE FAIR CREDIT REPORTING ACT (FCRA), AS AMENDED, INCLUDING EXPERIAN, TRANSUNION, EQUIFAX AND AFFILIATED ENTITIES, TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE INFORMATION ABOUT YOU WITH EACH NATIONAL CREDIT REPORTING AGENCY IN ORDER TO VERIFY YOUR IDENTITY AND TO PROVIDE THE SERVICES TO YOU. YOU AGREE AND HEREBY AUTHORIZE CSIDENTITY CORPORATION TO PROVIDE YOUR PERSONALLY IDENTIFIABLE INFORMATION (OR, IF APPLICABLE, INFORMATION ABOUT ANY MINOR CHILDREN YOU HAVE ENROLLED) TO THIRD PARTIES IN ORDER TO PROVIDE THESE SERVICES. YOU FURTHER AUTHORIZE CSIDENTITY CORPORATION TO OBTAIN INFORMATION AND REPORTS ABOUT YOU (OR ABOUT ANY CHILDREN YOU HAVE ENROLLED, IF APPLICABLE) IN ORDER TO PROVIDE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CREDIT MONITORING SERVICES, CREDIT REPORTING, IDENTITY MONITORING, FRAUD RESOLUTION SERVICES, RESTORATION SERVICES, ADDRESS HISTORY REPORTS, NAME AND ALIAS REPORTS, CRIMINAL REPORTS OR SEX OFFENDER REPORTS, AND TO PROVIDE MONITORING AND ALERTS.
YOU HAVE NUMEROUS RIGHTS UNDER THE FCRA, INCLUDING THE RIGHT TO DISPUTE INACCURATE INFORMATION IN YOUR CREDIT REPORT(S).CONSUMER REPORTING AGENCIES ARE REQUIRED TO INVESTIGATE AND RESPOND TO YOUR DISPUTE, BUT ARE NOT OBLIGATED TO CHANGE OR REMOVE ACCURATE INFORMATION THAT IS REPORTED IN COMPLIANCE WITH THE LAW.WHILE THIS SERVICE CAN ASSIST YOU WITH FILING A DISPUTE, THE FCRA ALLOWS YOU TO FILE A DISPUTE FOR FREE WITH A CONSUMER REPORTING AGENCY.
Please read the following information carefully before using any of the products or services (the “Services”) provided by this agreement. The Services are:
a. 12-month subscription starting the day that your tax return was accepted by the IRS;
b. Internet Surveillance – Is a proprietary surveillance technology that monitors activity on the internet and dark web while checking millions of data points. SecurelyID will alert you by email if your personal information is being bought or offered for sale online;
c. Full Service Restoration – Provides compromised subscribers with a certified identity theft restoration specialist to provide full-service identity restoration;
d. Support – 24/7/365 customer support, with multi-lingual support staff available;
e. Payday Lending – You will be alerted if your personal information is used to obtain a payday loan in most cities within the U.S.;
f. Lost Wallet – This protects you in the event that you lose all or part of what is in your wallet. It also falls into the restoration category so a restoration specialist will get you back on track in short order;
g. Change of Address – We monitor and alert you if there is a request for a change of your home address;
h. SSN Trace – Provides you with a report of all names, aliases and addresses associated with your SSN. Detection of both synthetic and true name identity fraud is included;
i. Credit Monitoring – Single bureau credit monitoring through Experian is included. This service will notify you if there is a new inquiry on your credit or if there is a new negative mark against your credit.As required by the credit bureaus, each Subscriber must pass credit authentication before the Subscriber starts receiving credit alerts. The Subscriber receives an online authentication quiz upon enrollment or during upgrade into any credit Services. The quiz generates up to 5 multiple choice questions based on information found in the Subscriber’s credit bureau file. These questions may include address, employer, and account information, such as account balances, credit limits, and open dates for a particular account. The Subscriber receives two attempts to pass the online authentication quiz. If the Subscriber fails both attempts, the Subscriber must perform manual authentication with a member services agent.
j. Identity Theft Insurance – This will reimburse Subscribers residing in the United States up to $1 Million for certain ancillary expenses associated with identity restoration should they become a victim of identity theft after enrolling as a Subscriber.
3.Privacy and Information Sharing
4. Disclaimer of Warranties and Limitation of Liability
OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER SECURELYID NOR ITS AFFILIATES OR ANY THIRD-PARTY SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, SECURELYID AND ITS AFFILIATES AND OUR THIRD-PARTY SERVICE PROVIDERS OR SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO, AND USE OF, OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND/OR CONTENT ARE AT YOUR OWN RISK. BY USING OUR SERVICES AND OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER SECURELYID NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SECURELYID, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
We are not a credit repair organization, or similarly regulated organization under other applicable laws, and do not provide credit repair advice.
Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
If you use SECURELYID’s SSN Trace services, you represent and warrant that you will use such services (or any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.
5. Limitation of Liability
SUBJECT TO SECTION 4 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES AND AFFILIATES, AND OUR THIRD-PARTY SERVICE PROVIDERS OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES OR SITE;
ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN SECTIONS 4 AND 5 ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
6. Unsolicited Idea Submission Policy
When you provide us with comments, suggestions, or ideas (collectively, “Feedback”), such Feedback is not considered confidential and becomes the property of SECURELYID. We are not obligated to you if you provide such Feedback; and we are free to use, copy, or distribute the Feedback to others for any purpose.
7. Fair Credit Reporting Act
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act, you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) 322-8228 or by using the mail request form available at the central source Website.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM ANY OF THE CREDIT BUREAUS INORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact such entities as follows:
Experian: 1-800-EXPERIAN (1-888-397-3742)
8. Applicable Law
We perform the Services through our partner/program provider CSIdentity Corporation, dba, CSID, with corporate headquarters in the State of Texas. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Texas, regardless of Texas conflict of laws. Subject to Section 9 below (which provides for mandatory and binding arbitration of claims), you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the state courts located in Travis County, Texas for any dispute or litigation arising out of, relating to, or the use or purchase of Services from SECURELYID.
Notwithstanding any other agreement to arbitrate or other agreement between you and any third party associated with this relationship or the provision of the Services, both SECURELYID and you agree that any dispute, controversy or claim arising out of, or relating to this Agreement or the relationship contemplated hereby, or any interpretation, construction performance or breach of this Agreement or the Services provided by SECURELYID shall be settled by confidential arbitration, in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer Related Disputes) as then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event the parties have not agreed upon an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of arbitrators. The arbitrator will conduct a single hearing, no longer than one day in duration, for the purpose of receiving evidence and will, if practicable, render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on all the parties to the arbitration. Judgment may be rendered on the arbitrator’s decision in any state or federal court. Although the cost of the filing fee for the arbitration will be borne equally by you and SECURELYID, all other expenses of the arbitration will be paid by the party who incurred them. In addition to, and separate and apart from, the above agreement to arbitrate, you also agree that you will not participate in any way in any class action in connection with any dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
11. Your Passwords and Account Security
By enrolling with SecurelyID, you agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.Moreover, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify SecurelyID immediately.
12. Termination of Relationship
Should you decide to terminate your legal agreement with SecurelyID, you may do so, with or without cause, by (a) notifying us at any time and (b) closing your accounts for all Services, where the option available to you.
Please note that NO refunds will be processed.
SecurelyID is not responsible for any delay or failure to perform which is beyond our reasonable control.