ProtectMyID® Membership Agreement
Last Revised: June 18, 2019
This ProtectMyID product ("ProtectMyID") Membership Agreement ("Agreement") is between you and ConsumerInfo.com, Inc. ("CIC", "us", "our", or "we") and explains the terms and conditions under which you may use the ProtectMyID.com ("Website") and the ProtectMyID product, including without limitation, any paid product upgrade features, where applicable, such as ChildSecure and RestoreMyID (collectively, "Products").
IMPORTANT INFORMATION
In the event that you already have an active membership in an identical credit monitoring product offered by CIC, you will be able to enroll and maintain up to 5 active memberships at the same time. Each membership must have a different and unique username. Please call customer care at 1-866-960-6943 for assistance. For information specific to employee benefit or data breach-related memberships, please see the Sponsored Memberships section below.
Use of Website and/or Product
YOUR ORDER OF, USE OF, AND ACCESS TO, THE WEBSITE AND THE PRODUCT IS SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO THE WEBSITE AND THE PRODUCT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN AND TO PROVIDE TRUE, ACCURATE, COMPLETE AND CURRENT INFORMATION ABOUT YOURSELF AND ANY MINOR CHILDREN YOU ARE ELIGIBLE TO ENROLL OR HAVE ENROLLED IN THE PRODUCT. FURTHER, YOU AGREE THAT CIC WILL NOT BE LIABLE TO YOU, YOUR MINOR CHILDREN OR ANY THIRD PARTY IF CIC SUSPENDS OR TERMINATES YOUR ORDER, USE, OR ACCESS TO THE WEBSITE OR THE PRODUCT FOR ANY REASON. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS THE WEBSITE OR THE PRODUCT. CALL CUSTOMER CARE TO CANCEL YOUR MEMBERSHIP AT 1-866-960-6943.
This Agreement may be updated from time to time. You should check the Website regularly for updates to this Agreement. Each time you order, access or use the Website and the Product, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
SUMMARY:
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING CIC’S CUSTOMER SERVICE DEPARTMENT AT 1-866-960-6943. IN THE UNLIKELY EVENT THAT CIC'S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. CIC WILL PAY ALL ADMINISTRATIVE COSTS OF THE ARBITRATOR, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND CIC WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
Arbitration Agreement:
(a) CIC, and its service providers, including CSIdentity Corporation (“CSID”) on one hand, and You on the other, agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Products or Websites, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Product and/or your use of any Website subject to arbitration to the fullest extent permitted by law. However, for the avoidance of doubt, any dispute you may have with us arising out of the Fair Credit Reporting Act (FCRA) relating to the information contained in your consumer disclosure or report, including but not limited to claims for alleged inaccuracies, shall not be governed by this agreement to arbitrate. The agreement to arbitrate otherwise includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us arising out of any Product or Website, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to “CIC,” “CIC’s service providers”, “CSID,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information under this or prior Agreements between us relating to your use of the services and/or websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and CIC and/or CIC’s service providers, including CSID, are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
(b) The arbitration proceedings shall remain confidential. You may obtain more information about arbitration from www.adr.org.
(c) After CIC and/or its service providers, including CSID, receives notice that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether this agreement permits class proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms of this Agreement, including with regard to the class and representative waiver provision. Unless CIC and/or its service providers, including CSID, on one hand, and you on the other, agree otherwise, any final arbitration hearings will take place in the county (or parish) of your billing or registered address. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, CIC and/or its service providers, including CSID, will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse CIC and/or its service providers, including CSID, for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(e) YOU AND CIC AND/OR CIC’s SERVICE PROVIDERS, INCLUDING CSID, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CIC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceedings. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration.
(f)Notwithstanding any provision in this Agreement to the contrary, we agree that if CIC makes any change to this arbitration provision after your enrollment in a service or program, you may reject any such change and require CIC and/or its service providers, including CSID, to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises.
SECURITY MEASURES AND AUTHENTICATION
Because CIC uses security measures designed to protect your privacy and to safeguard your information, CIC may not always be able to successfully provide Products to you, including instant online delivery of your credit report for online customers. For example, for certain online Products, when the system is unable to authenticate you, you may be routed through a manual authentication process. CIC will send a private access code via U.S. mail to the address in your credit file, which you can use to access your account online. This process is normally completed within five (5) to seven (7) days. In the event that you are routed through a manual authentication process, it is your responsibility to complete authentication so that you can gain access to your membership on the Website. Your membership will continue and we will continue to monitor your credit report, all of which will be available to you once you complete authentication. Consequently, you will continue to be billed for your membership and the associated services available to you until you cancel. For certain products, CIC cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times. Additionally, in the case of off-line customers, CIC will mail your credit report to the best address listed on your credit file as a security measure. If you are not able to access your mail at that location, CIC cannot provide any Products to you.
ONLINE REQUIREMENTS
You must have an email address and a Java-compatible browser to receive your Products online. As an online customer, you are agreeing to receive all notifications via email at the email address on file with CIC. You are obligated to update the email address on file when your email address changes. In some cases we require that you “opt in” or provide your affirmative consent to receive emails from us in order to receive Product alerts, notices and other communications from us. Where required, it is your responsibility to provide us with such affirmative consent so that we can provide all of the communications, including alerts of changes to your credit report. However, even if you choose not to provide the affirmative consent, once you have passed authentication, the Website and all of the valuable features of your membership are still available to you at any time by simply logging in. Accordingly, your membership will continue and the services will remain available whether you provide affirmative consent to receive e-mails or not. In the event that CIC is unable to deliver email messages to you, you agree to accept product notifications in an alternative method, such as direct mail or SMS messages. We strongly encourage you to select SMS messaging as an alternative method of receiving notifications and alerts. You may select this method by accessing your member homepage online and changing your Alert Settings. Please note, mobile messaging rates may apply. All service alerts are also accessible online in your Alerts Center of your account.
In the event that you 1) fail to complete authentication after being routed through our manual authentication process; or 2) fail to update your email address on file with CIC; or, if applicable 3) fail to provide your affirmative consent to receive email from us, and thus CIC is unable to deliver email messages to you, you nonetheless understand and agree that the Product will be fulfilled at the price agreed upon at the time that you placed your order.
Membership Enrollment
In order to become a member of ProtectMyID, you must (i) agree to the terms and conditions of this Agreement, (ii) be eighteen (18) years of age or older and provide your date of birth, (iii) provide a valid Social Security number, (iv) have and provide a valid land address within the United States; and (v) provide a valid email address and phone number. You will also be required to provide valid credit card information, unless you are redeeming your membership through the use of an activation/promotional code. For certain Products and/or channels where Products are sold, we reserve the right to accept or decline some forms of payment, including, but not limited to “pre-paid” or “re-loadable” credit/debit cards.
One feature of the Product is credit monitoring. Your order is conditioned upon successful enrollment in Experian®'s credit monitoring program. If Experian is not able to enroll you in its credit monitoring program, your order will not be processed and/or will be cancelled.
In the event that you enroll in a ProtectMyID product that includes three bureau credit monitoring (monitoring credit files at three credit bureaus), Experian, and/or TransUnion® and/or Equifax®, and are able to enroll you in their credit monitoring program, credit monitoring will be provided by the bureau or bureaus that were able to enroll you. You will not receive alerts or monitoring of changes to the credit files of the bureau or bureaus that were not able to enroll you in their credit monitoring program. While we will attempt to enroll you in monitoring at all three bureaus, we do not control the enrollment process for the credit bureaus and we are not responsible for your enrollment at any of the three bureaus. ProtectMyID will notify you in the event that fewer than all three credit bureaus enroll you in credit monitoring. However, you will not receive a price reduction, discount or refund if you are enrolled in fewer than all three credit bureaus.
Experian Limited Credit History Service
Depending on the product configuration purchased by our clients, you may be offered the opportunity to enroll in the Experian Limited Credit History Service if you were originally eligible to enroll in the complimentary membership of Experian's ProtectMyID product but were subsequently determined to be ineligible for enrollment.
The Experian Limited Credit History Service may be offered to individuals who are identified by Experian as being ineligible for credit monitoring products because an Experian credit file does not exist. You will have received a code to enroll in a ProtectMyID product, attempted to enroll in the product online and received a message directing you to contact customer service. Customer Service will then review the enrollment and determine if you qualify for enrollment in the Experian Limited Credit History Service. If you attempt to enroll via phone and the agent is unable to complete the process, the agent will review the enrollment and determine if you qualify for enrollment in the Experian Limited Credit History Service. The Experian Limited Credit History Service monitors for the creation of a credit file at the Experian credit bureau on a monthly basis. A notification via postal mail will be sent monthly advising if no credit file exists. If a credit file is found to exist during the term of service, you will be requested by phone or mail to provide proof of identity. Upon authentication, a copy of your credit report will be mailed to you. Following the initial authentication process, your credit report will be mailed monthly to the address on the credit file.
To the extent the Experian Limited Credit History Service is made available to you, it will be made available for the same term as the credit monitoring benefit was to be made available.
Sponsored Memberships
This section only applies to members who have signed up for the product with an activation code provided by third party in response to a data breach incident or as an employee benefit. You will be required to provide the activation code during enrollment. Each code has a predetermined expiration date. Please review your notification letter or call our Customer Care to determine your code's expiration date. If you attempt to enroll in ProtectMyID after expiration date, you will not be able to enroll in product. You are restricted to a one-time use of such activation code.
Please review the notification letter to see what version of ProtectMyID is available to you. Certain features listed in this Agreement, such as VantageScore® Score, RestoreMyID and ChildSecure, may not be available in the ProtectMyID product configuration provided to you.
As the product has been provided to you free of charge, sections in this Agreement related to pricing, payments money back guarantees and refunds may not apply. If you decide to keep the Product as a paid member, you will be asked to provide valid credit card information. The sections in this Agreement related to payments and refunds will apply if you become a paid member. Please read those sections for more information.
Features of ProtectMyID
Not all versions of ProtectMyID Products include the same features. Depending on which version of the product you enroll in, you may or may not receive a VantageScore Score. Please consult the associated Product literature and/or Website for included Product features. If you are already a member, please log in to the Website for your applicable Product features.
Alerts. This feature of the Product will send you an "alert" if (i) key changes are detected on your Experian (and where applicable TransUnion and Equifax) credit reports; (ii) when the Internet Scan feature (where applicable) detects your Social Security number, debit card number, or credit card number on the Internet; or (iii) (where applicable) when the United States Postal Service® receives a request for a change of your residential address.
Credit Monitoring Alerts. This feature seeks to monitor key changes in your credit file at Experian. CIC requests that Experian enroll you in its credit monitoring program. In the event that you order a ProtectMyID product that includes three bureau credit monitoring, CIC requests that Experian, Equifax, and TransUnion enroll you in their credit monitoring programs. You will only receive alerts for key changes made to the credit reports for which you are enrolled in credit monitoring. If you are not enrolled in credit monitoring at a credit bureau, you will not receive alerts to changes on those reports.
Internet Scan Alerts. (Not available with all ProtectMyID products) The Internet Scan feature scans the Internet for your Social Security number and up to three debit or credit cards. We will not automatically scan the internet for your personal information. You must activate the Internet Scan feature in your Member Center. If you do not activate this feature, your social security number, debit card(s) or credit card(s) will not be monitored on the web. You must provide us with the information that you would like for us to monitor and scan on the internet in areas known for criminal activity. We will send you an alert if your information is detected in the method chosen by you; either email, United States Postal Service, or SMS mobile text message. The Internet Scan feature is provided by CIC and a third party vendor. Because the internet is vast, neither CIC nor its vendor guarantee that Internet Scan will detect all improper use of your information.
United States Postal Service® Change of Address Monitoring and Alerts. (Not available with all ProtectMyID products) This feature checks for changes to your registered mailing address and alerts you if an address change is detected. The following trademarks are owned by the United States Postal Service: NCOA and United States Postal Service. NCOALink processing is performed by a non-exclusive licensee of the United States Postal Service.
Experian Credit Report. Upon successful enrollment, you will receive your Experian credit report. In some cases, you may receive a VantageScoreScore with your Experian credit report. After 30 days, you will no longer be able to view the credit report that you receive upon enrollment. Additional credit reports and scores are available for purchase in your Member Center for an additional fee.
Lost Wallet. (Not available with all ProtectMyID products) This feature allows you to contact Customer Care and work with our fraud resolution agents if your medical ID insurance card, credit and debit cards are lost, stolen or misused without your authorization. Our fraud resolution agents will assist you in determining which cards are missing, pulling your credit report to determine which cards are affected by the loss or theft, placing a block on the cards, cancelling the cards, and getting new cards reissued in your name. In some cases, the card issuer may not allow our fraud resolution agents to cancel and reissue your credit or debit card without you on the call. If this happens, we will request that a block be placed on that card and notify you to contact your card issuer directly.
Fraud Resolution Assistance. There are certain steps that you must follow in order to obtain assistance from a fraud resolution agent. These steps include contacting a Customer Care at 1-866-960-6943. Additional information about requesting fraud resolution assistance can also be found in the My Protection Center of the Website.
If you contact us regarding fraud resolution, you are agreeing to permit CIC to order a copy of your credit report for any purpose relating to your request for assistance. "Identity Theft" means that your name, address, Social Security number, credit card, debit card or other personal identifying information was lost, stolen or was used without your knowledge or approval to commit fraud or other crimes.
THE FRAUD RESOLUTION FEATURE IS DESIGNED TO HELP YOU IN CONNECTION WITH RESOLUTION OF AN IDENTITY THEFT THIS PRODUCT IS PROVIDED TO ASSIST WITH RESOLUTION AND IS SEPARATE FROM ANY AND ALL PRECAUTIONS YOU SHOULD REASONABLY BE EXPECTED TO TAKE, INCLUDING PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER PERSONALLY IDENTIFYING INFORMATION. CIC'S FRAUD RESOLUTION ASSISTANCE DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT AND/OR THE CONSEQUENCES OF IDENTITY THEFT.
CIC, 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 fraud resolution assistance request, including making contact by telephone, email, United States Postal Service or otherwise, to any service provider or any other person or entity that CIC deems necessary, in its sole and absolute discretion, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your fraud resolution assistance request.
CIC reserves the right to request that you provide corroborating evidence of the unauthorized transaction, Identity Theft or other facts related to your fraud resolution assistance request, including signed affidavits, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that we may deem necessary and reasonable. Further, CIC reserves the right to refuse any fraud resolution assistance request or provide any fraud resolution assistance in the event you fail or refuse to provide us with any requested corroborating evidence related to a possible Identity Theft.
CIC reserves the right not to provide you with any fraud resolution assistance in the event CIC determines that you knew, or should reasonably have known, of an act of Identity Theft that commenced prior to your membership. If at any time you cancel your membership, CIC is no longer obligated to provide any additional fraud resolution assistance.
ExtendCARE. If your ProtectMyID membership was purchased by a third-party in response to a data breach incident then you are eligible to receive the benefits of ExtendCARE. If your ProtectMyID membership was provided to you as an employee benefit, you may be entitled to ExtendCARE if your employer purchased this service. Contact your employer for more details.
This benefit extends our Fraud Resolution Assistance to members after their memberships have expired. In order to access this benefit after the membership has expired, please call our Customer Care at 1-866-960-6943. Please refer to “Fraud Resolution Assistance” above for more information. CIC, at their discretion, reserves the right to limit or discontinue this benefit with or without notice.
RESTOREMYID™
In order to purchase RestoreMyID, the user must first be enrolled in ProtectMyID. Please consult the associated Product literature and/or Website for specific ProtectMyID features. RestoreMyID is to be solely used by customers with pre-existing cases of identity theft or suspected fraud. Customers who do not exhibit a pre-existing case of identity theft or suspected fraud are not eligible for RestoreMyID and should enroll only in ProtectMyID.
Your order of RestoreMyID is conditioned upon your successful order of ProtectMyID in accordance with the terms and conditions set forth above. If Experian is unable to enroll you in its credit monitoring program, your entire order, including any pending orders for RestoreMyID, will not be processed and/or will be cancelled and you will not receive alerts or monitoring of changes to your credit files or fraud resolution assistance.
Identity Theft Insurance is not a feature or benefit of RestoreMyID. Please refer to actual policies on this site for terms, conditions, and exclusions of coverage as it relates to your ProtectMyID membership benefits and Identity Theft Insurance Coverage. For more information on Identity Theft Insurance, please see “IDENTITY THEFT INSURANCE” below.
Ordering RestoreMyID. Your order of RestoreMyID begins with contacting a Customer Care representative at 1-855-697-6943. Our Customer Care representative will guide you through the ProtectMyID authentication process. After your identity has been authenticated and you are enrolled in ProtectMyID, you will be eligible to order RestoreMyID, and your phone call will be immediately transferred to an Identity Theft Resolution Agent. RestoreMyID reserves the right to not accept all purchase orders.
Fraud Resolution Assistance. Immediately after you complete the RestoreMyID purchase, the Customer Care agent will transfer your phone call to an Identity Theft Resolution Agent. Please see “Fraud Resolution Assistance” under “FEATURES OF PROTECTMYID” for more information. Please note, RestoreMyID is to be solely used by customers with pre-existing cases of identity theft or suspected fraud. Customers who do not exhibit a pre-existing case of identity theft or suspected fraud are not eligible for RestoreMyID and should enroll only in ProtectMyID.
Credit Reports and Scores. Upon successful purchase of RestoreMyID, you will receive 3 Bureau Credit Report and Scores. The credit reports and scores will be delivered through your ProtectMyID Membership Page. You will be given access to your Membership Page once the ProtectMyID enrollment process is complete. After 30 days, you will no longer be able to view the 3 Bureau Credit Report and Scores that you receive upon purchase of RestoreMyID. Additional credit reports and scores are available for purchase on your Membership Page for an additional fee.
RestoreMyID Payment and Refunds. As stated above, your order of RestoreMyID is dependent on successful enrollment in ProtectMyID. Once you have successfully enrolled in ProtectMyID, RestoreMyID is available for a one-time fee, plus any applicable state sales tax. You may cancel your ProtectMyID membership at any time, but we do not provide refunds for RestoreMyID. If you purchase RestoreMyID, ProtectMyID is provided to you free of charge for a three month period beginning on the first date of successful enrollment. At the end of the three month period, your free membership in ProtectMyID will be discontinued. To continue your membership in ProtectMyID, you will need to purchase a renewed membership in ProtectMyID, at which point you will have the option of choosing annual or monthly billing. Please refer to “PAYMENT, REFUNDS AND CANCELLATION” below for more information. If you choose to purchase both products at the same time, each product will be billed separately and will include any applicable state sales tax. Any other refund policy or money back guarantee described in other sections of this agreement does not apply to your purchase of RestoreMyID.
Identity Theft Insurance
Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of American International Group, Inc. (AIG). 175 Water Street, New York, New York 10038. Please refer to the actual policies on this site for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions.
IDENTITY ALERTS AND INTERNET SURVEILLANCE SCANS – ADDITIONAL TERMS AND CONDITIONS
Disclaimer. Because the Internet is vast, CIC, and its service provider, CSID, cannot guarantee that “Identity Alerts” (if available in your Product), including any internet surveillance scans and reports, will detect all possible instances of identity theft and/or potentially fraudulent, or otherwise improper, use of your information. Certain information contained in Identity Alerts may be obtained from criminal activities monitored on the Internet. Because of the dynamic nature of this data, the exchange platforms, and the fact that it may have been obtained from criminals, among other considerations, CIC and CSID cannot guarantee the accuracy or completeness of the Identity Alerts provided. Please understand that the third party databases monitored to enable Identity Alerts are subject to change.
Accuracy of Your Personal Information. As a condition for using and receiving Identity Alerts, you acknowledge and agree that you will keep any personal information required to enable the applicable Identity Alert accurate and current, including without limitation, your name, address, date of birth, e-mail address, telephone number, social security number, driver’s license number, and financial account numbers (e.g. credit or debit card numbers, if applicable).
CHILD MONITORING ® - ADDITIONAL TERMS AND CONDITIONS
Scope of Products. If made available in your Product, the Child Monitoring that will be performed is different than monitoring for persons over the age of eighteen (18). Please reference details provided at the time of enrollment for more information on the type and scope of Child Monitoring offered as part of your Product.
Certification as Parent or Guardian. A “Child” is defined as a minor under the age of eighteen (18). We will provide information about a Child only to the Child’s parent or legal guardian. You certify that you are the parent or legal guardian of each child whom you have named on the Child Monitoring enrollment forms and that you understand and agree that enrollment may require CIC and/or its service provider, CSID, to obtain information about those children from a credit reporting company, if applicable, and that any information about those children that you obtain from CIC and/or its service provider, CSID, will be used solely for the purpose of protecting against or preventing actual or potential fraud with respect the children whom you are enrolling or have enrolled in Child Monitoring.
Proof of Guardianship. CIC and/or its service provider, CSID, may require, at their sole discretion, the parent or legal guardian to prove guardianship in order for the parent or legal guardian to receive the details on a Child’s monitored information or request fraud resolution, which may include, but is not limited to, the Child’s Social Security card and birth certificate, valid proof of identification, proof of residence, and/or a similar federal or court produced document demonstrating such relationship.
Automatic Unenrollment Prior to 18th Birthday. An enrollee in the Child Monitoring service is no longer considered a Child when the enrollee reaches his or her eighteenth (18) birthday and CIC and/or its service provider, CSID, reserve the right to automatically unenroll any Child enrolled in Child Monitoring within seven (7) days before their eighteen birthday, based on the date of birth information provided by you in the enrollment process. After that time period, you will not receive monitoring of any sort regarding that Child.
Payment, Refunds and Cancellation
You agree to pay your membership fee in a timely manner using the payment method chosen by you during the enrollment process. Your membership is effective for the period covered by your membership fee and continues upon your payment of the monthly or annual renewal fee; whichever you have enrolled in during the enrollment process. If we change the membership fee, you will be notified by mail or email. Canceling too close to end of trial or renewal date may cause a processing delay and a charge to your account. If you are eligible for a refund, refunds can take seven (7) to ten (10) business days to be processed. If you received an activation/promotional code because you are a part of a data breach, or as an employee benefit, or you received a code for a predefined term, you may not be required to provide your credit or debit card information to us. Depending upon the specific terms of the activation/promotional code you receive, you may not be charged your membership fee for the duration of your membership. If you choose to purchase additional credit reports and scores during your membership, you will be asked to provide your credit card information at the time of purchase.
Trials. We may offer various promotions which may include the use of promotional codes and free trials which require enrollment in ProtectMyID. An authorization in the amount of one dollar may be performed on your credit card, to make sure it is valid and in good standing, but CIC will not actually bill your card until the free trial period has passed. However, the one dollar authorization may count against your credit or debit limit. ProtectMyID is not responsible for overdraft fees associated with your membership fee or any additional products that you choose to purchase. For seven (7) day trials, monitoring with Experian may take forty eight (48) hours to begin, and we will start your seven (7)-day free trial forty eight (48) hours after you enroll. You may cancel your trial membership without charge at any time within 9 days of placing your order.
Additionally, if you enroll in a trial with a one dollar ($1.00) credit report fee, your credit card will be charged a non-refundable one dollar ($1.00) fee, plus any applicable sales tax, for your credit report during the trial period. Please note that CIC will not bill you for the monthly/annual membership fee until the trial period has ended.
Activation/Promotional Code. If you are using an activation code that you received as part of an employee benefit, or as part of a promotional offer in order to obtain a membership in our credit monitoring product, you will be required to provide the activation code during enrollment. Each code has a predetermined expiration date. Please review your notification letter or benefits literature, or call our Customer Care to determine your code´s expiration date. If you attempt to enroll in ProtectMyID after the expiration date, you will not be able to enroll in the product. You are restricted to a one-time use of such activation code.
Cancellation
You may cancel at any time during your membership. To cancel your membership please contact us and (i) provide your first name and last name, (ii) the email address associated with the account you would like to cancel; and (iii) the customer number associated with the account you would like to cancel. You may contact us in the following ways:
Phone: 1-866-960-6943
Mail: ProtectMyID, Attn: Customer Care, P.O. Box 19729, Irvine, CA 92623-9729
Email: support@protectmyid.com
Termination or Restriction of Access
You agree that CIC may, in its sole discretion and without notice or liability to you or any third party, immediately terminate your access to the Website and/or membership to our Product(s). Grounds for such termination shall include without limitation (a) breaches or violations of the law, Terms and Conditions, or other agreements, rules or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you or a third party who pays for your membership to terminate your membership, (d) discontinuance or material modification of the Website (or any part thereof), (e) unexpected technical or security issues or problems.
FCRA Disclosures
You understand and agree that by submitting your order you are providing "written instructions" in accordance with the Fair Credit Reporting Act, as amended ("FCRA"), for CIC, and its service providers, including CSIdentity Corporation (“CSID”), to obtain information from your personal credit profile from Experian or any other credit reporting company and to obtain information from the personal credit profile, if any, of any minor child whom you have enrolled. You authorize CIC, and its service providers, including CSID, to access your credit profile (and those of any minor children whom you have enrolled), to verify your identity (or those of any minor children whom you have enrolled), and to provide credit monitoring, credit reporting, credit scoring, identity monitoring, fraud resolution and card registry products. You also authorize CIC, and its service providers, including CSID, to access your credit profile (or those of any minor children whom you have enrolled) to perform other functions related to providing the product(s) that you have ordered or may order, including to verify your identity or any certification that you may be required to make.
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
·You have been denied credit, insurance or employment in the past sixty (60) days as a result of your report
·You certify in writing that you are unemployed and intend to apply for employment in the sixty (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 credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from CIC to dispute inaccurate or incomplete information in your Experian file or to receive a copy of your Experian consumer disclosure.
The credit report you are requesting from CIC is not intended to constitute the disclosure of Experian information required by the FCRA or similar state laws. Experian's National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by CIC. This disclosure report must be obtained directly from Experian by going to www.experian.com/dispute, or by calling 888-EXPERIAN.
The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax, and TransUnion) once every twelve (12) months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the credit reports from each of the three national credit reporting companies that are available from CIC may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. CIC's Products are not related to the free FCRA disclosure that you are or may be entitled to.
Notice of Prosecution
For online customers, access to and use of password protected and/or secure areas of the Product Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product 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. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.
Privacy Policy
By submitting your order, you acknowledge receipt of our Privacy Policy and agree to its terms. To review our Privacy Policy please visit, www.protectmyid.com/privacy.
Not a Credit Repair Organization or Contract
ProtectMyID offers access to your credit report, your VantageScore Score, and other credit information. ProtectMyID and its affiliates are not credit repair 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. You acknowledge and agree that you are not seeking to purchase, use, or access ProtectMyID in order to do so.
Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free.
Credit Reports and Scores
When you use ProtectMyID you are certifying that you understand and agree to the following:
·You may access your credit report and/or score for thirty (30) days from the date of order.
·Refunds will not be issued once we have successfully located and delivered the credit reports and scores to you.
·If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting the credit reporting company that supplied the information, as indicated in your credit report.
You acknowledge that the information provided to you through the VantageScore Score, including the score factors derived from the elements in your credit history, may change over time as your credit history changes. You also acknowledge that the score factor information on how to manage your credit position assumes there will be no adverse changes in your credit performance. ProtectMyID is not responsible for the accuracy or contents of your credit file, including but not limited to information delivered in the credit report and/or score products. Please note that pursuant to section 609f of the FCRA, consumers can obtain their credit score at any time for a statutorily set fee.
VantageScore® Score
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.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT CIC AND/OR ITS SERVICE PROVIDERS, INCLUDING CSID, WILL NOT BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE PROTECTMYID, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE (IF APPLICABLE), EVEN IF CIC HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CIC, THEN YOU AGREE THAT CIC'S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR CHILDREN) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN) FROM CIC'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CIC FOR THE PRODUCT(S) YOU PURCHASE FROM CIC (EXCEPT TO THE EXTENT THAT AMOUNTS MAY BE RECOVERABLE IN ACCORDANCE WITH THE "14 DAY MONEY BACK GUARANTEE" DESCRIBED WITHIN THIS AGREEMENT).
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CIC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, CO-BRANDERS AND PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ON YOUR BEHALF OR MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE.
Jurisdictional Statement
These Terms and Conditions and your access to, use and browsing of the Website are governed by California law without regard to its conflict of law provisions.
CIC controls the Website from its offices within the United States of America, and the Website is intended for use only in the United States of America. CIC does not represent that the materials on the Website are appropriate or made available for use outside of the United States of America. You acknowledge and agree that you access the Website of your own volition and are responsible for compliance with applicable local laws.
Disclaimers of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF PROTECTMYID IS AT YOUR SOLE RISK. PROTECTMYID IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. CIC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES [OTHER THAN THE "14 DAY MONEY BACK GUARANTEE"] 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 PROTECTMYID WEBSITE OR IN ANY OTHER MATERIALS YOU MAY RECEIVE FROM PROTECTMYID AND/OR CIC DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE OR THE "14 DAY MONEY BACK GUARANTEE" MADE IN CONNECTION WITH THIS AGREEMENT , CIC MAKES NO WARRANTY THAT (I) THE PRODUCTS 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.
Modification of Product
CIC may, at its discretion, modify or discontinue ProtectMyID, or any portion thereof, with or without notice. You agree that CIC will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Product.
Modification yo Website
CIC reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice. You agree that CIC shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website or any part thereof, including without limitation deletion of Submission or Profile Data (or any part thereof), or any participation incentives earned by or potentially earned by you.
Links to Third Party Websites
The Website may provide links to other web sites. Because CIC has no control over such sites and resources, you acknowledge and agree that CIC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, terms of service, privacy policies or other materials on or available from such sites or resources.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT CIC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Trademarks
You acknowledge and agree that ProtectMyID.com™, ChildSecure®, CIC's name, the Product Logo, page headers and other ProtectMyID.com™ terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of CIC (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. CIC Marks may not be used in connection with any product or service that is not CIC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CIC. All other trademarks, product names, or logos not owned by CIC that appear on the Website are the property of their respective owners.
Copyrights
All Content included on the Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of CIC or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of CIC or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent.
Patent
Certain aspects of this website as well as features and services accessible from this website may be covered by one or more of the following: U.S. Patent Nos: U.S. Patent No. 6,321,339; U.S. Patent No. 6,282,658; U.S. Patent No. 6,263,447; U.S. Patent No. 6,496,936; U.S. Patent 7,234,156; U.S. Patent 6,857,073; and U.S. Patent No. 7,841,004.
Entire Agreement
This Agreement, the Privacy Policy, and other policies CIC may post constitute the entire Agreement between CIC and you in connection with your use of the Website and the Product, and supersede any prior versions of the Agreement, if applicable. CIC may update the Agreement from time to time by posting revisions on the Website, or by mailing an updated copy to the most recent address you have provided to CIC. The Agreement is effective until terminated by CIC. In the event of termination, the intellectual property, warranty disclaimers, and limitations of liability provisions set forth in the Agreement will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Website or otherwise, this Agreement 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.
