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 "IdentitySecure". By enrolling in IdentitySecure, You agree to be bound by these Terms.
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: access to a copy of your credit report from the three major credit reporting agencies updated every 90 days following the date that You access your first credit report through the IdentitySecure service1; a copy of your personal CreditXpert® credit scores2; Credit Alert® daily monitoring from all three major credit reporting agencies3; forms and toll-free phone numbers to assist You in answering credit report-related questions; credit application alerts, which are currently provided by ID Analytics Inc. ("IDA"), if a credit application is submitted using your Social Security number or your name together with your address, date of birth, or phone number, to any company participating in IdentitySecure's information network4; a copy of your property's Neighborhood Report if available for your area; monitoring of your Social Security number in credit header and public data sources along with your Identity Score5; monitoring of your children's Social Security numbers in credit header and public records data sources6; daily monitoring of Internet chat rooms for your Social Security number, up to ten of your credit/debit cards and up to ten of your bank accounts registered with the IdentitySecure service7; 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 weeks8; credit card registration; important document registration; a lost/stolen credit card reporting service9; computer security software10; identity theft insurance coverage11; a copy of your state motor vehicle record; the option to use an interactive online fraud resolution guide as a tool to aid in the identity theft recovery process; emergency cash advance and airline ticket privileges12; and forms and toll-free phone numbers to assist You in answering product and resolution-related questions.
(b) Trilegiant reserves the right to change or modify the terms and conditions of this Agreement and IdentitySecure at any time without notice, and You agree to comply with such changes or modifications. Trilegiant may cancel this Agreement upon written notice and refund to You the current term's membership fee unless the reason for such cancellation is your failure to pay or your misuse of the IdentitySecure service.
(c) Any or all of the IdentitySecure benefits are provided by third parties ("Subcontractors"), unaffiliated with us, whose respective terms and conditions will govern to the extent they are not inconsistent with these Terms.
(d) Reimbursement requests with respect to the IdentitySecure product are considered based solely upon written materials received from You. All invoices, receipts, and other documentation must be in writing and are subject to verification.
2. WHO MAY USE; RESTRICTIONS ON USE - (a) The IdentitySecure service is non-transferable. Accordingly, You agree that You will use IdentitySecure only for your own behalf and that You will be the end user of the information provided by IdentitySecure. Except as otherwise expressly set forth herein, You further acknowledge and agree that You shall use IdentitySecure solely for the purpose of obtaining a report on your own public records according to the terms and conditions of this Agreement. Without limiting the foregoing, You agree not to use IdentitySecure 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 IdentitySecure, and You shall not reproduce, retransmit, republish or otherwise transfer for commercial purpose any information that You receive from IdentitySecure. You agree to limit use and dissemination of information from IdentitySecure solely to the uses set forth herein. In order to access the information, You will be provided your own membership number. 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 agree that the virus protection, personal firewall, parental control, and spam filter software will only be utilized on a single computer that is physically present in your household. The IdentitySecure service may not be used for business or commercial purposes. You acknowledge and understand that Trilegiant will only allow You to access IdentitySecure if You meet and continue to meet the standards described herein.
(b) You understand that by enrolling in the IdentitySecure service, You are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for Trilegiant and its service providers, which may include ConsumerInfo.com, Inc. ("CIC"), to obtain information from your personal credit profile from Experian, Equifax, and TransUnion, the three major credit reporting agencies. You further authorize Trilegiant and its service providers, which may include CIC and/or IDA, to disclose and use your Social Security number, name, address, date of birth, and phone number to (i) access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products, and (ii) for the purpose of providing You with your credit application alerts.
3. LIABILITY - YOU ACCEPT ALL INFORMATION RECEIVED THROUGH IdentitySecure "AS IS". NEITHER TRILEGIANT, TIS, AMA, CIC, IDA, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF YOUR PERSONAL CREDIT REPORT, CREDIT SCORE, YOUR CREDIT ALERT REPORT, OR IN PROVIDING YOU WITH YOUR CREDIT APPLICATION ALERTS OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO YOU IN CONNECTION WITH THE IdentitySecure SERVICE. NEITHER TRILEGIANT, TIS, AMA, CIC, IDA, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY, COMPLETENESS, CORRECTNESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF IdentitySecure OR THE COMPONENTS THEREOF, INCLUDING, WITHOUT LIMITATION, THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE IdentitySecure SERVICE. NEITHER TRILEGIANT, TIS, AMA, CIC, IDA, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, SPECIAL OR EXEMPLARY IN CONNECTION WITH THE PERFORMANCE OF THE IdentitySecure SERVICE OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE IdentitySecure SERVICE. NEITHER TRILEGIANT, TIS, AMA, CIC, IDA, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE IdentitySecure SERVICE. 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. IdentitySecure IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION OR EXPIRATION OF THIS AGREEMENT.
4. MISUSE OF IDENTITYSECURE OR INFORMATION - You agree to take appropriate measures so as to protect against the misuse of IdentitySecure. 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. INDEMNIFICATION - You agree to indemnify and hold Trilegiant, TIS, AMA, their Subcontractors, and their respective parents, subsidiaries, affiliates, officers, directors, and employees harmless from any claim, damage, demand, expense, liability, or loss, including reasonable attorneys' fees, incurred by such party arising out of or relating to your unauthorized use of the IdentitySecure service or your violation of these Terms. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
8. GOVERNING LAW - 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. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
9. ARBITRATION - You, on the one hand, and Trilegiant, CIC and/or IDA, on the other, agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims against Trilegiant, CIC, or IDA as well as their corporate affiliates. You agree that, by entering into this Agreement, You, Trilegiant, CIC and IDA are each waiving the right to a trial by jury or to participate in a class action. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for your arbitration fees and costs in excess of $125. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. YOU, ON THE ONE HAND, AND TRILEGIANT, CIC AND/OR IDA, ON THE OTHER 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 Trilegiant agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. If the specific provision in the preceding sentence is found to be unenforceable then the entirety of this arbitration provision in this Section 9 shall be null and void. Notwithstanding the foregoing, either party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 9 shall survive any termination, cancellation or expiration of this Agreement.
10. MEMBERSHIP FEE - For your convenience, your membership fee will be automatically billed to the credit or debit card account (or to the related checking account) You designated when You enrolled in the IdentitySecure service (designated the billing source), in accordance with the billing terms furnished to You upon your enrollment in the IdentitySecure service. You will be notified via postal mail of any price increase and may cancel your membership if You do not want to continue to be billed at the new price.
11. RENEWALS - Unless You notify Trilegiant 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.
12. RIGHT TO CANCEL MEMBERSHIP - (a)You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-866-990-7328, writing to IdentitySecure, P.O. Box 41249, Nashville, TN 37204-1249, Attention: Membership Department, email firstname.lastname@example.org or click the cancel link on the My Account page. If You cancel this Agreement during your 30-day trial, You will owe nothing further. If You cancel this Agreement at any time thereafter, You will owe nothing further. You will remain liable for any other fees or charges to be paid pursuant to this Agreement.
(b)The insurance coverage that is included within this membership requires that the membership fee be paid when due. If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Agreement in which event You will no longer have access to any of the IdentitySecure benefits, including your insurance benefits. If terminated, no further insurance coverage will be provided to You. In addition to Trilegiant's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the IdentitySecure benefits, including your insurance benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
13. THIRD PARTY BENEFICIARIES - You agree that these Terms, including, without limitation, the limitations on liability contained in Section 3 and the arbitration provision contained in Section 9, will confer third-party beneficiary status on any entity or person, including, without limitation, CIC, IDA and their respective affiliates, that assists Trilegiant in providing the IdentitySecure service with respect to any claims relating thereto. The terms of this section will survive any termination, cancellation or expiration of this Agreement.
14. ELECTRONIC COMMUNICATIONS - Trilegiant, at its option, may communicate with You regarding the IdentitySecure service by mail, by telephone (including text messages) 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 the IdentitySecure service and/or by postings to the IdentitySecure service website. Trilegiant may communicate electronically to You the following types of communications: IdentitySecure Terms and Conditions (including any amendments thereto), notices or disclosures regarding the IdentitySecure service, payment and billing authorizations, and other matters relating to your use of the IdentitySecure service. You may contact Trilegiant by telephone at 1-866-990-7328 or by writing to Trilegiant at P.O. Box 41249, Nashville, TN 37204-1249, to request another paper or electronic copy of an electronic communication without a fee. You may contact Trilegiant at the same telephone number listed above or by email at email@example.com to update your contact information or to withdraw your consent to receive electronic communications. Trilegiant reserves the right to terminate your use of the IdentitySecure service if You decline or withdraw your consent to receive electronic communications from Trilegiant.
15. 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 If You do not access a copy of your credit report and CreditXpert® credit score through the IdentitySecure website within 7 days of your enrollment in IdentitySecure, a copy of your credit report and CreditXpert® credit score will be sent to you by IdentitySecure by first-class U.S. Mail.
2 Your CreditXpert® Scores™ are provided by CreditXpert Inc. Although these scores are not used by lenders to evaluate your credit, they are intended to reflect common credit scoring practices and are designed to help You understand your credit. Your scores are based on information from the files at the three major credit reporting agencies. Your scores may not be similar to scores You receive directly from those agencies or from other sources.
3 Daily monitoring will notify You of any new inquiries, certain derogatory information, accounts, public records, or change of address that have been added to your credit reports as reported by any of the three major credit reporting agencies. If no information has been added or changed, then You will receive a monthly notification stating that no information has changed within your credit file.
4 The information network is comprised of many U.S. credit issuers, including credit card issuers, retailers, and auto, communications, e-commerce and mortgage companies. However, IdentitySecure's information network does not include all credit issuers to which credit applications may be submitted. As a result, it is possible that fraudulent credit applications could be submitted using your personal information that are not detected by IdentitySecure.
5 IdentitySecure monitors your Social Security number and records associated with your Social Security number in credit headers and public data sources, alerts You when your Social Security number or any of your associated records have been detected, and classifies each time your Social Security number or any of your associated records are detected as either a high or low risk event. Your monthly personal Identity Score, which may be accessed by You via www.IdentitySecure.com, is based on the number and nature of such events. Since it is impossible to ensure that all public data sources have been searched for your Social Security number and associated records, IdentitySecure does not guarantee that it will apprise You of all instances in which your Social Security number or associated records may have been compromised or that your monthly personal Identity Score will accurately reflect your risk for identity-related fraud.
6 IdentitySecure monitors the Social Security numbers for up to ten of your children who are under the age of 18 in credit header data and public records data sources, however, it is impossible to ensure that all credit header data and public records data sources have been searched. Accordingly, your child monitoring alert notifications may not contain or apprise You of all instances in which your child's Social Security number may have been compromised.
7 IdentitySecure monitors up to ten registered credit/debit cards, up to ten registered bank accounts and your Social Security number on the Internet, based on an extensive search of Internet chat rooms; however, it is impossible to ensure that all Internet chat rooms have been searched for your personal information. Accordingly, your monitoring alert reports may not contain or apprise You of all your personal information that is publicly available or that may have been compromised.
8 IdentitySecure monitors up to three of your current or past mailing addresses, three of your phone numbers, and three of your e-mail addresses on the Internet based on a search of Internet directories; however, we cannot ensure that all internet directories have been searched for your personal information. Accordingly, we may not be able to apprise You of all of your personal information that may have been compromised.
9 Some financial institutions may require You to call them directly and will not accept notification from third parties in which case we will contact You so that You can call your financial institution directly.
10 The computer security software is available for all Windows PCs, but is not currently available for Macintosh computers.
Browser and System Requirements: IdentitySecure supports the following operating systems: Microsoft Windows® XP with Service Pack 2 or later Home / Pro / Media Center; Microsoft® Windows Vista® (32-bit and 64-bit) Starter / Home Basic / Home Premium / Business / Ultimate; Microsoft® Windows 7 (32-bit and 64-bit) Starter / Home Basic/Home Premium / Professional / Ultimate. End user's computer must meet or exceed the following requirements: 300 MHz or faster processor, 256 MB of RAM minimum, 300 MB of available hard disk space, standard Web browser.
11 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.
12 Member must be at least 100 miles from home and have available credit on a designated bank card. Emergency cash is charged as a cash advance, and emergency airline and train tickets are charged as a purchase to your credit card account and both are subject to that account's finance rates.
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.
Trilegiant Corporation, Trilegiant Insurance Services, Inc., Alliance Marketing Association and their credit information subcontractors shall not have any liability for the accuracy of the information contained in the credit reports, credit scores, Credit Alert® reports or other reports which You receive in connection with the IdentitySecure service, including any liability for damages, direct or indirect, consequential or incidental.
Membership representatives are available to answer your questions Monday through Friday, 9 a.m. to 8 p.m., EST and Saturday, 9 a.m. to 5 p.m., EST at 1-866-990-7328. 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 from 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 and Credit Alert is a registered service mark of Affinion Publishing, LLC.