Thank you for your interest in the products and services offered by Identity Fraud, Inc. This Membership Plan Agreement ("Agreement") provides the terms, rules, and regulations of the Membership and our products and services. By establishing a Membership Plan with Identity Fraud, Inc. ("IFI"), you will be taking an important step in protecting yourself from the perils associated with identity fraud. PLEASE NOTE: Your Membership fee reflects a nominal cost for identity theft insurance for IFI members that may be included in your plan and that is paid for by Identity Fraud, Inc. from the proceeds of Membership fees. You have the right to opt out of receiving the insurance benefit and the associated nominal allocated premium cost. For more details or to opt out, please contact Identity Fraud, Inc. toll free at 1-866-4-IDFRAUD (1-866-443-3728). Identity insurance is not currently available to residents of Indiana and New York. If you are a resident of the state of Indiana or New York and purchase protection from us, your protection will include all of the benefits available to you, except for identity insurance.
BY ACCESSING OUR SITE, ESTABLISHING A MEMBERSHIP OR USING OUR PRODUCTS OR SERVICES, YOU INDICATE YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT AND TO THE SEPARATE AND DISTINCT TERMS AND CONDITIONS OF OUR WEBSITE.
Identity Fraud, Inc. may partner with one or more subcontractors to provide products to you. For example, our Memberships may include certain products provided by Equifax. By purchasing a Membership from our site, you acknowledge and agree that separate terms, conditions and/or obligations may be required of you by Equifax and/or other subcontractors as applicable, including but not limited to their privacy practices.
Active Duty Alert means a Fraud Alert lasting for one-year as placed by an active military consumer; or their personal authorized representative.
Certificate of Insurance means a document that we post in the Members Section or otherwise provide to you that evidences that you have coverage under our master insurance policy that affords you certain Member Indemnity Benefits as part of your Membership.
Confirmation means the email or other notice that we or our subcontractors send to you once you have established your Membership with us.
Core Identity Protection means Identity Protection Plan Membership as defined herein.
Credit Solutions mean Equifax and/or other similarly related credit bureau products including the Single Credit Report, Credit Watch Silver or Gold, ID Patrol, Score Power, and "3-in-1" Credit Report as purchased via our website or co-branded website and as defined and provided by Equifax and/or other similarly related credit bureaus. Credit Solutions are available only to individuals who have established credit in the United States.
Credit Solution Membership means a Membership granting you individual rights to credit bureau related products that may include, but not be limited to, Equifax Credit Watch Silver, Gold, or ID Patrol, and to certain Plan Benefits as restricted to include only the Plan Benefits as described in these products respective summary's as provided on our website. In no event shall the Credit Solution Membership provide you the same Plan Benefits as provided under the Core Identity Protection Plan. You may establish a distinct Identity Protection Plan Membership at anytime and, if secured, will be converted from the Credit Solution Membership to the Identity Protection Plan at which point you will be eligible to receive Plan Benefits as consistent therein.
Extended Family Member means a parent, grandparent, or sibling. It may also mean a spouse, domestic partner, significant other, or dependent.
Family and Friends Plan Extension means allowing the Primary Identity Protection Plan member to establish a separate and distinct Identity Protection Plan Membership for an Extended Family Member(s) and/or any Friend. The Primary member is intended to manage and pay for protection on behalf of his or her family and friends, which may individually have separate enrollment activation and expiration dates then that of the Primary member.
Fraud Alert means establishing a statement or flag on your credit bureau files as maintained by the major credit reporting agencies Experian, Equifax and TransUnion. A Fraud Alert requires creditors to make a good faith effort to verify your identity before issuing credit in your name. Pursuant to the FACT Act of 2003, a Fraud Alert may be secured at no cost and shall not be in force less than 90 days from the activation date. Anyone having a good faith belief or suspicion that they have been or are about to become a victim of identity fraud, identity theft or related crime may place a Fraud Alert by engaging the credit bureaus directly by telephone, Internet or mail. Equifax may be contacted directly by calling 1-800-525-6285.
Friend(s) means allowing the Primary Identity Protection Plan member to establish a separate and distinct Identity Protection Plan Membership for a friend and/or someone they know and enroll in an Identity Protection Plan.
Identity Protection Plan means a Membership granting Plan Benefits during your Membership Term. An Identity Protection Plan is provided to a single individual under the Individual Plan or to the Primary member, their spouse or domestic partner, and dependents up to and including the age of 23 as provided under the Family Plan. Other similar plan options may be provided based on plan descriptions and specific deliverables.
Incident means the unauthorized use of your name, social security number, personal identification or other means of identifying you with the intent to commit, aid, or abet any unlawful activity that constitutes a violation of Federal law or any applicable state or local law and/or as determined in our sole and absolute discretion and/or as per our Master insurance policy. All expenses resulting from an Incident(s) and arising from the same, related, continuous, or repeated acts, whether committed by one or more persons, shall be treated as arising from a single Incident, which Incident shall be deemed to have occurred at the time of the first such act, whether or not that act occurred during your Membership Term.
Lost Wages means actual Lost Wages, whether partial or whole days, due to wrongful incarceration or for time taken from work and away from your work premises solely as a result of your efforts to amend or rectify records as to your true name or identity as a result of an Incident. Actual Lost Wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days but does not include sick days or any cost arising from time taken from self-employment as determined in our sole and absolute discretion and/or as per our master insurance policy. All Lost Wages must occur during your Membership Term.
Member Indemnity Benefits means insurance coverage or expense reimbursement for certain expenses you incur following an Incident and subject to the terms, conditions, definitions, exclusions, and/or limitations of your Membership and our master insurance policy.
Membership means your individual rights granted under your Identity Protection Plan or Credit Solution Membership, including Plan Benefits, as applicable, and including rights to access and make individual use of our Members Section and products and services including coverage as afforded under your Membership and our Member Indemnity Benefits, all during a specified Term for which the corresponding fee has been received by us. Memberships are available exclusively to residents of the United States and/or where we have the legal authority to provide you with a Membership.
Members Section means the password protected location on our website where we provide you with certain products and/or access to services.
Plan Benefits means our obligation under your Membership or the obligation of our insurer under our master insurance policy to provide you during the Term of your Membership the following products and services, as applicable to your specific Membership, subject to the terms and conditions of this Agreement, your Membership, and our master insurance policy:
Access to the Members Section where information and products will be available for your individual use, viewing, and/or download.
IFI Loss Prevention & Resource Guide as available in the Members Section or hardcopy or CD Rom publication.
IFI Risk Video as may be available in the Members Section.
IFI Risk Newsletter(s) as available in the Members Section or as supplied to you via e-mail or hardcopy publication.
IFI Risk Kit as supplied to you via e-mail or hardcopy publication following your notice to us of an identity fraud Incident. (It is noted that the IFI Risk Kit may not be supplied to you if you have VRS Elite Unlimited resolution services, whereby VRS Elite staff will conduct most or all resolution on your behalf).
VRS Elite Resolution Services as applicable to your plan and/or Victim Assistance Call Center Support as available to you twenty-four (24) hours a day and seven (7) days a week. This toll-free telephone number is available in the Members Section.
Member Indemnity Benefits that are provided to you for Incidents that occur during your Membership and which are reported to us during your Membership as follows, but always as limited to the terms and conditions in your specific Membership:
Annual Limit - The Annual Limit is the total insurance or expense reimbursement limit available to you during your Membership Term regardless of the number of Incidents that may occur during your Term, for all costs, lost wages, or fees as defined in our master insurance policy. The Annual Limit is dependent on the specific Membership program you have.
Lost Wages — The Lost Wages sublimit is dependent on the Specific Membership program you have. The sublimit amount is inclusive of your Annual Limit and not in addition to your Annual Limit.
Legal Fees — Reasonable legal fees and court costs incurred, with our or our insurers prior consent for:
Defense of lawsuits or criminal allegations brought against you by a creditor, collection agency or other institution as a direct result of an Incident;
The removal of any civil or criminal judgments wrongfully entered against you as a result of an Incident;
Contesting the inaccuracy or incompleteness of any information or records containing your personal information which is the direct result of an Incident, other than legal fees and court costs incurred in a legal proceeding of any kind filed, brought, or maintained by you, on your behalf, or for your benefit.
Other Costs —
Communications. Costs for mail, certified mail, and long distance telephone or facsimile communications to law enforcement agencies, financial institutions, government agencies, or similar organizations.
Personal Records. Costs for re-filing loan applications, filing police reports, notarizing affidavits or similar documents, replacing government issued identification documents with our consent, and obtaining copies of one credit report from each of the three main credit reporting agencies (Experian, Equifax, or TransUnion) every three months for a maximum of three times per Incident, a Medical Information Bureau report, a driving record report, and a criminal background report.
Personal Records Monitoring. Costs to enroll in a one-year triple-bureau credit-monitoring service provided by one of the three main credit-reporting agencies and a one-year myFICO or related monitoring service. However, Personal Records Monitoring costs shall not be provided for Incidents solely relating to your existing credit or debit card account(s).
Travel. Reasonable and necessary travel costs incurred with our prior consent for airfare and hotel accommodations where your presence in legal proceedings is required by court order and/or at our request.
Personal Account Protection. We shall reimburse you for your actual loss arising from an Incident and from the unauthorized use of your credit card, debit card, funds transfer card, or check as registered in your name where you have a legal liability for such loss. We shall pay up to a maximum of $5,000 regardless of the number of distinct and separate losses.
Deductible - A deductible as described in your specific Membership shall apply to Member Indemnity Benefits.
Exclusions — There shall be no Member Indemnity Benefits for the exclusions as provided in our Master insurance policy and/or for:
Any Expenses arising out of or relating to physical injury, disability, sickness, disease, mental injury, shock, mental anguish, emotional distress, mental or physical incapacitation, required care, loss of services, or death.
Any Expenses arising out of or relating to any fraudulent, dishonest or criminal act actually or allegedly committed by you or any person acting in concert with You or any authorized representative of an yours, whether acting alone or in collusion with others.
In respect of Personal Account Protection Expenses, any loss caused by a resident of your household, a family member or relative, separated spouse, or by a person who has been entrusted with your card or check and/or where you have not complied with all of the terms and conditions under which the card(s) or check(s) are or were issued.
Any legal action or suit other than those set forth above.
Any damages, loss, or indemnification unless otherwise stated herein or as stated in our master insurance policy.
Amounts of recovery or indemnification you may have or receive under other insurance.
Your failure to adhere to your Obligations as noted in this Agreement.
Primary Member means the individual that has successfully registered for an Identity Protection Plan Membership and who has the authority from us to establish a Family and Friends Plan Extension.
Term means the annual twelve (12) month period beginning on the date that the Primary Member, or an entity securing protection on their behalf, registers and successfully purchases an annual Membership or the monthly period following your successful enrollment in a monthly Membership. The Term for any Family and Friends Plan Extension shall begin on the date that you register and successfully purchase the Extension(s) and end on the expiration date according to its plan. The Term may exist on a date and period separate from the Term of the Primary Member. A new Term is established following the successful renewal of any expiring Term.
Upgrades mean a qualified increase in the level of Member Indemnity Benefits that may occur during your Membership Term that differ from the benefits provided on the date of your initial enrollment. Upgrades shall only apply to Incidents that occur following an Upgrade.
We, us, and our means Identity Fraud, Inc.
You, your, and yours means the individual who is identified by us as having a Membership.
Following your successful registration and payment of the annual or monthly Membership fee, our obligation to you begins by sending you a Confirmation that your Membership is in force, preparing a Certificate of Insurance for you, and protecting your information consistent with our privacy and security policies. During the Term of your Membership, we are obligated to provide you with our Plan Benefits and Family and Friends Plan Extensions subject to the terms and conditions of this Agreement and subject to the terms, conditions, definitions, exclusions, and/or limitations of our master insurance policy. In the event you have other insurance or other coverage that may apply to an Incident, our obligation to provide Member Indemnity Benefits shall be provided pro rata based upon the respective limits of liability with such other insurance and excess of any applicable deductible thereto as defined in our master insurance policy.
In the event you engage us to place and maintain a Fraud Alert on your behalf, we shall endeavor to secure such alert(s) pursuant to our rights as your authorized representative and as pursuant to the Fair and Accurate Credit Transactions Act and/or Fair Credit Reporting Act. In the event we are not able to secure a Fraud Alert for you, we shall endeavor to notify you of the steps we believe are needed for you to activate your own alert(s).
Our obligations and Membership(s) are limited to Members domiciled in the United States and/or territories where we have legal authority to provide you with a Membership. In the event this Agreement and/or the obligations provided for herein differ from information or material in our website, this Agreement shall prevail over any conflict, discrepancy or inconsistency.
Our obligation to you shall cease at the time you cancel or non-renew your Membership or at the time we cancel or non-renew your Membership. If we cancel your Membership, we shall provide you with a pro-rata refund for the daily period remaining on your Membership and subtract any amounts that are allocated to single use Credit Solutions (i.e. a 3-in-1 Credit Report valued at $29.95 or Equifax Credit Report valued at $11.00). If you cancel your Membership, we shall provide you with a pro-rata refund for the monthly period remaining on your Membership and subtract any amounts that are allocated to single use Credit Solutions. We may also charge a transaction and processing fee in the amount of $15.00. You may cancel your Membership by writing to us or by sending an email to us at memberservices@identityfraud.com from the email address we have on record for you or by calling us at 1-866-4-IDFRAUD (1-866-443-3728).
In addition to the exclusions identified in the Member Indemnity Benefits under Plan Benefits, we and/or our insurer are not obligated:
To provide you with Member Indemnity Benefits in excess of the corresponding annual coverage limit provided in your Membership.
To continue efforts to place a Fraud Alert on your behalf if we are not able to place the initial alert(s) or any subsequent alert(s).
To provide you with Plan Benefits in the event of Force Majeure, acts of God, war, or other similar events or if we are temporarily upgrading or repairing our web-site that restrict our ability to provide you with Plan Benefits.
To maintain or renew your Membership. At any point and in our sole and absolute discretion, we may cancel or not renew your Membership by sending you an email notice or letter, at the email and/or physical address we have on record, thirty (30) days prior to your Membership cancellation or non-renewal.
To provide you with Plan Benefits for Incidents which occur prior to your Membership or which are reported to us or our insurer following the termination, cancellation, or non-renewal of your Membership.
To provide you with Plan Benefits following your cancellation or request to cancel your Membership.
To provide you with Plan Benefits if you dispute authorized credit card charges, which may be based on the non-delivery and/or quality of our goods or services.
To provide you with Plan Benefits for costs, losses, or damages arising out of any business pursuits.
To provide you with any reimbursement for any costs, losses or damages other than those provided in the Plan Benefits.
Except as otherwise provided for in this Agreement, we shall have no right to cancel, change, or otherwise amend the Plan Benefits available to you following your notice to us of a claim or Incident provided you have met with all of the terms and conditions of your Membership.
In order to establish a Membership and receive Plan Benefits, you must adhere to the following obligations:
Provide accurate information while enrolling for a Membership and not impersonate another person.
Update your Membership contact details in our Members Section as soon as practicable following a change of address, email, or telephone number.
Use the Plan Benefits for your individual purpose and not share or otherwise copy or distribute any material, products, or content made available to you. Any violation may be deemed a breach of contract and/or violation of US Copyright laws with applicable penalties.
Upon learning of an Incident that could give rise to expenses under the Plan Benefits, notify us or our Insurer as soon as practicable and provide detailed information regarding the Incident as requested by us. Such notice must be given during your Membership Term and in no event later than ninety (90) days after you first learn of the Incident.
Promptly file a report with the police if an Incident has occurred and you reasonably believe that a violation of the law may have occurred.
Keep records, receipts, books, evidence and other documents in such a manner that will allow us or our Insurer to accurately determine the amount of any expenses or loss covered hereunder. Maintenance and production of such records is a condition precedent to receiving Plan Benefits.
Sign a sworn proof of loss statement, or affidavit, containing information we or our Insurer may request, including copies of receipts or other evidence relating to expenses.
Permit us or our Insurer to question you under oath about any matter relating to your Membership at such times as may be reasonably requested and shall allow for the investigation and/or inspection of the your records.
Cooperate with us or our insurer in the investigation of any loss and help us enforce any legal rights you, we or our insurer may have against anyone who may be liable to you, us, or our insurer.
At our request, attend legal proceedings, including depositions, hearings, or trials and obtain the attendance of witnesses with respect to any matter relating to your Incident and this Membership.
Take reasonable steps to reduce costs and expenses arising from or relating to an Incident and do not prejudice any of our insurer’s rights to recovery and do not admit to any liability. If you admit to liability in connection with an Incident, such admission shall be at your own expense and no Plan Benefits shall be afforded arising from or relating to such Incident.
Credit Solutions may be provided by Equifax and/or their subcontractors as applicable. Equifax has no obligation, affiliation, or liability associated with our Membership Plan or Member Indemnity Benefits which are subject to specific definitions, terms, conditions, exclusions and provisions as provided under the Identity Fraud, Inc. Membership Agreement and Master Insurance Policy. The Master Insurance Policy is fully insured by certain Underwriters at Lloyd’s.
We are not responsible, in any way or fashion, for the success or failure of Equifax to deliver Credit Solutions. Upon purchasing Credit Solutions at our site or co-branded site, you agree to adhere to and follow the terms and conditions established by Equifax and/or other Credit Bureaus and related suppliers for Credit Solutions. This includes but is not limited to their privacy policy, membership terms, and similar restrictions and conditions that may apply.
We reserve the right in our sole and absolute discretion to make changes to this Agreement, to modify, alter, or otherwise amend this Agreement, your Membership or the Plan Benefits to which this Agreement applies including the annual fee. We shall notify you at least thirty (30) days prior to implementing any adverse material changes via the email address we have on record for you. Any changes shall be incorporated into this Agreement and shall be effective immediately upon our posting or publication. However, any change to this Agreement made subsequent to your notice to us of a claim or Incident shall not affect your rights to Plan Benefits that existed at the time of your notice to us provided you have met with all of the terms and conditions of your Membership.
To ensure uninterrupted service and upon the expiration of your current Term, you will need to proactively renew or opt in and pay us the annual Membership fee to maintain protection. We will not automatically renew your Membership. Approximately thirty (30) days before the end of your current Term, we will attempt to notify you of your upcoming renewal and provide you the opportunity to renew or non-renew. At any point during the Term of your Membership, you may cancel your Membership by writing to us or by sending us an email notification to memberservices@identityfraud.com of your desire to cancel or non-renew. In the event your credit card charge is not authorized or otherwise ineffective in remitting payment, the Membership to which payment applies will automatically lapse or will not be in effect. We may attempt to notify you of any transaction failure and provide you the opportunity to provide an alternative credit card or method of payment, however, should we fail to notify you and if we have not received any payment for your continued Membership, your Membership may cease and we are and shall not be responsible to provide you with a Membership or Plan Benefits.
In the event that your Membership was purchased on your behalf by an employer, financial institution or other entity, your Membership is subject to the continued receipt of payment by us from such entity for your Membership. In the event such entity terminates or fails to make payment for your Membership, your Membership shall cease upon its expiration or renewal date. Although we may endeavor to notify you of the potential termination of your Membership as availed by such entity, we shall not be responsible for providing you any Plan Benefits following termination.
Identity Fraud, Inc. cannot guarantee that you will not become a victim of identity fraud or otherwise experience an Incident. The exposures to identity fraud are various and neither Identity Fraud, Inc. nor the Plan Benefits can address all types of exposures. We further cannot guarantee that we will be successful in resolving your Incident.
IDENTITY FRAUD, INC. PROVIDES THE MEMBERSHIP AND PLAN BENEFITS TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER IDENTITY FRAUD, INC. NOR ITS AFFILIATES MAKES ANY REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, PLAN BENEFITS, PRODUCTS OR SERVICES AVAILABLE WILL BE ERROR-FREE. IN ADDITION, IDENTITY FRAUD, INC. AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR USE OF THE MEMBERSHIP AND PLAN BENEFITS, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING THE MEMBERSHIP, PLAN BENEFITS, PRODUCTS AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT NEITHER IDENTITY FRAUD, INC. 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 THE MEMBERSHIP, PLAN BENEFITS, PRODUCT 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.
You agree to indemnify and hold Identity Fraud, Inc. harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
The laws applicable to the interpretation of this Agreement, its terms and conditions shall be the laws of the State of California, USA, and applicable Federal law, without regard to any conflict of law provisions. Individuals who choose to access this Site or a Membership from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of our provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts of Alameda County, California, USA.
December 9, 2009
