These terms ("Terms" or "Agreement") shall constitute the agreement between Trilegiant Corporation ("we," "us," or "Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, providing a service called IdentitySecure, and you ("You"), the end user of this service. IdentitySecure, together with any and all other services or products offered hereunder, shall be referred to as "IDS". By enrolling in IDS, You agree to be bound by these Terms.WITNESSETH:
1. SERVICE - (a) Trilegiant, together with Trilegiant Insurance Services, Inc. ("TIS"), shall provide the IdentitySecure service through Alliance Marketing Association ("AMA"). By enrolling in the IdentitySecure service, You are automatically admitted as a member of AMA. Depending on the specific version of the IdentitySecure service in which You have enrolled, You will receive one or more of the following benefits: a copy of your Public Records Report from IdentitySecure, at no extra cost as part of your membership. As a member of IDS, You will also receive daily monitoring of public databases for your Social Security Number and up to ten of your credit and debit cards registered with IDS (the "SSN/Card Monitoring Benefit"); monitoring of your personal publicly available information (including your name and up to three current or past addresses, three e-mail addresses and three phone numbers), the results of which are updated every two weeks (together with the SSN/Card Monitoring Benefit, collectively, the "Monitoring Benefit"); the option to use an interactive online fraud resolution guide as a tool to aid in the identity theft recovery process; identity theft insurance1; and forms and toll-free phone numbers to assist You in answering product and resolution-related questions. (b) We reserve the right to change or modify the terms and conditions of this Agreement and IDS at any time and without notice, and You agree to comply with such changes or modifications. We may cancel this Agreement upon written notice and a refund of the current term's membership fee. (c) Any or all of the IDS benefits are provided by third parties ("Public Records Subcontractors"), unaffiliated with us, whose respective terms and conditions will govern to the extent they are not inconsistent with these Terms.
2. WHO MAY USE - You agree that You will use IDS only for your own behalf, and that You will be the end user of the information provided by IDS. You acknowledge and agree that You shall use the Monitoring Benefit solely for the purpose of obtaining a report on Your own public records as described herein according to the terms and conditions of this Agreement. Without limiting the foregoing, You agree not to use IDS for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et .seq.) or similar state statute. You acknowledge that this Agreement grants You a limited license in exchange for payment of the fees and charges for IDS, and You shall not reproduce, retransmit, republish or otherwise transfer for commercial purpose any information that You receive from IDS. You agree to limit use and dissemination of information from IDS solely to the uses set forth herein. In order to access the information, You will be provided your own assigned password. You will be responsible for all use of your membership number and must notify us immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. You acknowledge and understand that Trilegiant will only allow You to access IDS if You meet and continue to meet the standards described herein.
3. LIABILITY - YOU ACCEPT ALL INFORMATION RECEIVED THROUGH IDS "AS IS". NEITHER TRILEGIANT, TIS, NOR ANY OF ITS AFFILIATES OR PUBLIC RECORDS SUBCONTRACTORS SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN PROVIDING YOU WITH YOUR PUBLIC RECORDS REPORTS OR YOUR MONITORING ALERT REPORTS. NEITHER TRILEGIANT, TIS, NOR ANY OF ITS AFFILIATES OR PUBLIC RECORDS SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY, COMPLETENESS, CORRECTNESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF IDS OR THE COMPONENTS THEREOF, INCLUDING, WITHOUT LIMITATION, THE INFORMATION CONTAINED IN THE REPORTS WHICH YOU RECEIVE AS PART OF IDS. NEITHER TRILEGIANT, TIS NOR ANY OF ITS AFFILIATES OR PUBLIC RECORDS SUBCONTRACTORS ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF IDS (INCLUDING,WITHOUT LIMITATION, THE MONITORING OF YOUR PERSONAL INFORMATION ON THE INTERNET) OR YOUR REQUEST, USE OR ATTEMPTED USE OF IDS. NEITHER TRILEGIANT, TIS NOR ANY OF ITS AFFILIATES OR PUBLIC RECORDS SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF IDS. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID TRILEGIANT FOR YOUR MEMBERSHIP. IDS IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT HISTORY OR SCORE. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION OR EXPIRATION OF THIS AGREEMENT.
4. MISUSE OF IDS OR INFORMATION - You agree to take appropriate measures so as to protect against the misuse of IDS. You agree that Trilegiant may, if it is concerned about your use, temporarily suspend your access for up to ten (10) business days pending an investigation of use. You agree to cooperate fully with any and all investigations. If misuse is confirmed through investigation, Trilegiant may immediately terminate this Agreement.
5. SECURITY EVENT - In the event that You learn or have reason to believe that Trilegiant data has been disclosed or accessed by an unauthorized party, You will immediately give notice of such event to Trilegiant.
6. AUDIT - You understand and agree that in order to ensure compliance with applicable laws, Trilegiant will conduct periodic reviews of your activity and may, on a random basis, contact You to review completed searches. You agree to reasonably cooperate with any and all such reviews. Violations discovered in any review by Trilegiant will be subject to immediate action including, but not limited to, termination of this Agreement.
7. GOVERNING LAW; ARBITRATION - This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. If there is a dispute between You and Trilegiant, either party may elect to have it resolved by proceeding in small claims court or by final and binding arbitration administered by the National Arbitration Forum, or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
8. MEMBERSHIP FEE - Your membership fee will be billed to the credit card account or debit card (or to the related checking account) You authorized when You enrolled in the program, in accordance with the billing terms furnished to You upon your enrollment in IDS.
9. RENEWALS - Unless You notify us that You do not wish to renew your membership, we will automatically renew your membership at the end of each month and bill the renewal fee to your designated billing source. You will be notified of any price increase and may cancel your membership if you do not want to continue to be billed at the new price.
10. RIGHT TO CANCEL MEMBERSHIP - You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-888-344-9406 writing to: Trilegiant Corporation 6 High Ridge Park, Stamford, CT 06905 Attention: Membership Department, emailing email@example.com or clicking the cancel link on the My Account page. Cancel this Agreement during your trial period, and You will owe nothing more. If You cancel this Agreement at any time thereafter, You will owe nothing further. You will remain liable for any other fees, purchases, or charges to be paid pursuant to this Agreement.
11. ELECTRONIC COMMUNICATIONS - Trilegiant, at its option, may communicate with You regarding IDS by mail, by telephone or by electronic communications. Trilegiant may communicate with You electronically by means of electronic mail to the email address You provide when You sign up for IDS and/or postings to the IDS website. Trilegiant may communicate electronically to You the following types of communications: Membership Terms and Conditions (including any amendments thereto), notices or disclosures regarding IDS, payment and billing authorizations, and other matters relating to your use of IDS. You may contact Trilegiant at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may also request a paper copy of the terms of the payment authorization without fee. You may contact Trilegiant at the same telephone number or email address listed above to update your contact information or to withdraw your consent to receive electronic communications. Trilegiant reserves the right to terminate your use of IDS if You decline or withdraw your consent to receive electronic communications from Trilegiant. You will need the following software and hardware to access electronic communications sent to You by Trilegiant as part of your IDS membership: IBM or MAC compatible computer, Internet access, a working email address, and Internet Browser (Internet Explorer version 5.2 or a later version). To retain copies of electronic communications, You must print a copy using a printer attached to your computer, or save an electronic copy to your computer's disk or other storage device.
12. AGREEMENT ENTIRETY - This Agreement, as may be amended from time to time, sets forth the entire understanding and agreement between Trilegiant and You regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or representations.
1 Depending on the specific version of the IdentitySecure service in which You have enrolled, as indicated in your benefit materials, your identity theft insurance provider will either be (i) Virginia Surety Company, Inc. or (ii) insurance company subsidiaries or affiliates of Chartis Inc. The following applies if your identity theft insurance provider is Virginia Surety Company, Inc.: The Identity Theft Insurance is underwritten by Virginia Surety Company, Inc. under group policy form # GEN-ID-GMP (8-05). Evidence of coverage under the master policy issued by Virginia Surety Company, Inc. with respect to such insurance will be available to You upon enrollment in IdentitySecure service. The summary of policy benefits, terms, conditions, exclusions, and limits of coverage set forth in the evidence of coverage are subject to the terms of the master policy. The following applies if your identity theft insurance is provided by Chartis Inc.: Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of Chartis Inc. under group policy # 7077733 for non-New York State Insureds and # 1423212 for New York State Insureds. All exclusions and limitations of the master policy apply. See the Benefit Summary for details regarding such exclusions and limitations. Availability of coverage is subject to underwriting qualifications and state laws and regulations. Coverage is subject to actual policy language.
Membership representatives are available to answer your questions Monday through Friday, 10 a.m. to 7 p.m., EST at 1-888-344-9406.
All IdentitySecure services and benefits are provided by Trilegiant Corporation in conjunction with Trilegiant Insurance Services, Inc. and Alliance Marketing Association. Trilegiant Insurance Services, Inc., does not receive any compensation for the sale of the identity theft insurance benefit included as part of the IdentitySecure service. Any part of the IdentitySecure service may be modified or improved at any time and without prior notice. IdentitySecure is a registered service mark of Trilegiant Corporation.
The federal Fair Credit Billing Act gives you the right to dispute billing errors, such as unauthorized charges, on your credit card by notifying your credit card company in writing within 60 days after the first bill containing the error was sent to you. The credit card company must resolve the dispute within two billing cycles (not to exceed 90 days) after receiving your notification. You may withhold payment on the disputed amount (and related charges) during the investigation. You must pay the amount not in dispute. You will be informed in writing whether your bill is correct or contains an error. If your bill contains an error, it will be corrected. Your liability for unauthorized charges is limited to $50 per credit card. You are not required to enroll in IdentitySecure to maintain your credit card.