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. IdentitySecure will enable you access to a copy of your credit report from all three major credit reporting agencies1; a copy of your personal VantageScore 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 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; daily monitoring of Internet chat rooms for your Social Security number, up to ten of your credit/debit cards registered with the IdentitySecure service6; 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 weeks7; credit card registration; important document registration; a lost/stolen credit card reporting service8; computer security software9; identity theft insurance coverage10; 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 privileges11; 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. Changes and modifications will be incorporated into the terms and conditions of this Agreement posted on the IdentitySecure website. 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") and CSIdentity Corporation ("CSID"), to obtain information from your personal credit profile from Experian, Equifax, and TransUnion, the three major credit reporting agencies. You authorize Trilegiant and its service providers to use your Social Security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products.
3. LIABILITY - YOU ACCEPT ALL INFORMATION RECEIVED THROUGH IDENTITYSECURE "AS IS". NEITHER TRILEGIANT, TIS, AMA, CIC, CSID, 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 OR YOUR CREDIT ALERT REPORT, OR FOR ANY DEFECTIVE PRODUCTS PROVIDED TO YOU IN CONNECTION WITH THE IDENTITYSECURE SERVICE. NEITHER TRILEGIANT, TIS, AMA, CIC, CSID, 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, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, 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, CSID, 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, CIC, CSID, 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 and/or CIC and CSID, 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 or CIC and CSID as well as their respective corporate affiliates. You agree that, by entering into this Agreement, You and Trilegiant and CIC and CSID 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 AND/OR CIC AND CSID, 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"). Judgement 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, Trilegiant will automatically renew your membership at the end of each month and bill the then-current renewal fee to the credit or debit card account (or to the related checking account) designated by you when you joined IdentitySecure. 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, emailing firstname.lastname@example.org, or clicking the cancel link on the My Account page. If you cancel this Agreement during your 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. ELECTRONIC COMMUNICATIONS - By enrolling in IdentitySecure, or by receiving one or more of the IdentitySecure benefits, You agree to the terms and conditions of this Agreement and agree that any and all disclosures and communications from Trilegiant regarding IdentitySeure benefits or this Agreement may be made to You electronically in accordance with the notice provisions of this Agreement. 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 enroll 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. Your continued enrollment in the IdentitySecure service will constitute Your consent to amendments to the IdentitySecure Terms and Conditions. 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.
14. 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.
15. VANTAGESCORE 3.0 DISCLOSURE - 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.
1 If You do not access a copy of your credit report and credit score through the IdentitySecure website within 7 days of your enrollment in IdentitySecure, a copy of your credit report and credit VantageScore credit score will be sent to you by IdentitySecure by first-class U.S. Mail.
2 Your VantageScore credit score(s) are provided by VantageScore Solutions LLC. The VantageScore model, with scores ranging from 300 to 850, was developed jointly by the three major national credit reporting agencies - Experian®, TransUnion®, and Equifax®. The version of VantageScore provided here is used by some, but not all, lenders. Your score(s) may not be identical or similar to scores received directly from those agencies, from other sources, or from your lender
3 Daily monitoring will notify you of certain new inquiries and derogatory information, accounts, public records, or change of address that have been added to your credit reports as reported by one of the major credit reporting agencies. If no information has been added or changed, then you will receive a quarterly notification stating that no information has changed within your credit file.
4 The companies participating in IdentitySecure's information network consist of many of the nation's leading 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 your personal information and up to ten registered credit/debit cards, up to ten registered bank accounts and your Social Security number on the Internet, based on extensive research 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.
7 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.
8 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.
9 Browser and System Requirements: PG 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. The computer security software is available for all Windows PCs, but is not currently available for Macintosh computers.
10 Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of American International Group, 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.The Identity Theft Insurance benefits are provided to all members, along with all other benefits afforded as part of IdentitySecure, through Alliance Marketing Association (the "Association"). Upon enrollment in the IdentitySecure service, you will automatically be admitted as a member of the Association. The Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of American International Group, Inc., (collectively, the "Company") under group policy # 7077733 and 1423212. The Benefit Summary under the master policy issued by the Company with respect to such insurance will be available to you upon enrollment in IdentitySecure. The summary of policy benefits, terms, conditions, exclusions, and limits of coverage set forth in the Benefit Summary are subject to the terms of the master policy. IMPORTANT NOTICE: YOUR LIABILITY FOR UNAUTHORIZED USE UNDER FEDERAL LAW: For credit cards: If the card issuer has notified You of your maximum potential liability, has provided a means for You to notify the card issuer of credit card loss, and if the credit card contains a means of identifying the card holder or authorized user, then your liability for unauthorized use of your card before the card issuer is notified is no more than $50.00 on each card. For debit and cash machine (ATM) cards: Your liability for unauthorized use of the card is no more than $50.00 if You notify the card issuer of card loss within two business days after You learn of the card loss. After that, your liability is up to $500.00, provided that the card issuer establishes that the unauthorized charges would not have occurred if You had notified the card issuer within the two business day period. In addition, if You do not notify the card issuer within 60 days after a periodic statement showing unauthorized transfers is sent to You, then You will also be liable for the amount of unauthorized transfers that occurred after the 60-day period and before notice to the card issuer, provided that the card issuer establishes that the unauthorized charges would not have occurred if You had notified the card issuer within the 60-day period. Your card issuer's liability policy may provide for lesser liability amounts than indicated above. Consult your card issuer's terms and conditions for specific details. The policy of many card issuers is not to hold cardholders liable. Nothing set forth in your membership materials alters any rights or liability You may have under federal or state law with respect to unauthorized or erroneous transactions on your card or bank accounts. You are not required to have this service to maintain your credit, debit or ATM cards.
11 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.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.