Identity Defense License and Terms of Service
Last updated: January 18, 2023
Thanks for choosing Identity Defense. First, let’s review the License and Terms of Service under which we provide the services to you. In this document, we’ll outline in detail what we provide you, our customers, and each of our legal obligations. The details contained in this document will be collectively referred to as the “Terms”.
Here is a quick breakdown of the Terms:
Who is Identity Defense?
“Identity Defense”, “We”, “Pango” or “Us” means Intersections, LLC dba Pango Group and certain of our affiliates. These Terms represent a binding contract between you and Pango.
When do these terms apply?
These Terms apply to your use of any Identity Defense products or services offered by Identity Defense as described in these Terms (collectively, the “Services”), including all software provided as a part of our Services (the “Software”), whether through the website found at https://www.identityDefense.com or a mobile application, or otherwise use the Services or interact with Pango in connection with the Services..
These Terms apply anytime you:
- create an account in connection with the Services;
- download or use any Software in connection with the Services;
- use the Services or interact with Identity Defense in connection with the Services in any other way.
If you are accepting these terms as a result of your purchase of a subscription via an Identity Defense authorized reseller (“Authorized Reseller”), you understand and agree that such Authorized Reseller and its affiliates are responsible for the sale of the Services (“Authorized Reseller Services”), and rates, charges, billing, and payment for the Authorized Reseller Services. In the event of any conflict between these terms of service and the Authorized Reseller Services agreement that you agreed to at the time of purchase of the Authorized Reseller Services, unless otherwise stated, the Authorized Reseller Services agreement will control for billing and payment related matters, and for all other matters, these Terms will be applicable and binding.
How do you agree to our terms?
You are agreeing to these Terms when you sign up for or use the Services and any time you access or use the Services. We encourage you to read our Terms carefully, specifically the automatic renewal terms and mandatory arbitration, which significantly affect your legal rights.
IN PARTICULAR, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES U.S. USERS TO RESOLVE DISPUTES WITH IDENTITY DEFENSE OR ITS AFFILIATES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. SEE SECTION 2.12 BELOW FOR THE DETAILS OF THE ARBITRATION AGREEMENT.
What is covered by these Terms?
To make it easier to understand, we’ve divided our legal terms into four parts:
(1) Billing, Cancellation, and Refund Policies: This covers terms related to billing, automatic renewals, cancellation, and refunds, when billing is handled by Identity Defense. Separate terms may apply if you didn’t purchase the Services directly from Identity Defense.
(2) General Legal Terms: This covers the general legal terms that make up the contractual relationship between you and Identity Defense such as eligibility, user accounts, binding arbitration, and indemnification.
(3) Service-Specific Terms: These are terms that apply to the specific Services that Identity Defense is providing to you. You may not receive all Services listed herein if you didn’t purchase the Services directly from Identity Defense.
(4) License Terms: These are terms that govern how we give you a license to access and use the Services.
PART 1. AUTOMATIC RENEWALS AND BILLING
Our Services are generally billed on a subscription basis (“Subscription”). If applicable and you elect to enroll in a Subscription, you will be billed
in advance for your Subscription on a recurring and periodic basis (“Billing Cycle”). The length of your Billing Cycle will depend on the Subscription,
Subscription enhancement you select to compliment what an Authorized Reseller contributes on your behalf, or is selected exclusively on your behalf by
an Authorized Reseller. Billing Cycles will typically consist of one (1) month or one (1) year terms (“Subscription Term”). You agree to pay for the
Subscription that you select. You also authorize us to automatically charge the payment method our service provider has on file based on the Billing
Cycle applicable to your Subscription.
1.2 Automatic Renewals At the end of each Billing Cycle, your Subscription will automatically renew for an additional Billing Cycle at the price shown in your account dashboard or otherwise communicated to you by Identity Defense or an Authorized Reseller (“Renewal Price”) unless: (a) you or we have canceled your Subscription at least one (1) day prior to the commencement of your next Billing Cycle or in accordance with Section 1.4 below, or (b) an event under Section 1.6 occurs in which case we will give you prior notice according to that Section. For annual renewals, we will email you in advance to let you know your Subscription is due for renewal and provide the renewal price in your account dashboard. For monthly renewals, refer to your dashboard for the date(s) in which you can cancel in advance of the next billing cycle. You may cancel your Subscription anytime by contacting us via the phone number or email address in your account dashboard which at the time of publishing is 1-888-217-0379 and [email protected], or by logging into your account. For more information about subscriptions, visit https://www.identitydefense.com/faq.
Once we or you have canceled your Subscription, your recurring subscription fees for the Services will no longer be charged to the payment method we have on file for your account, and your Subscription will remain active only until the end of the current Billing Cycle.
You may also be eligible for a refund depending on the specific plan and offer you subscribed to in accordance with the applicable section(s) below.
1.3 Plan Switching In the event we allow you to switch your Identity Defense subscription plan and you choose to do so, we will send you an email confirming the plan change, and reflect any credit or amount owed due to the difference in changing plans, and the Billing Cycle for the new plan. Your plan switch will be effective as of the date shown in your account profile and confirmation email, which will generally be within seventy-two (72) hours from the date you elect to switch your plan.
1.4 Money Back Guarantee Certain Services may include a Money Back Guarantee if you are not satisfied for any reason. If a Money Back Guarantee is offered for the Services, the terms of the Money Back Guarantee will be visible in your account profile.
1.5 Payment Methods A valid payment method is required to process the payment for your Subscription. You shall provide us or our third-party payment processor with accurate and complete billing information which may include full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Unless we expressly provide otherwise, all amounts paid are non-refundable. You further agree to be responsible for any applicable state, federal or other taxes that may be associated with the Services, including sales taxes, along with any transaction fees and currency conversions added by your financial institution and intermediaries. All amounts are in U.S. Dollars.
If the billing method you provide is a credit or debit card (“Payment Card”), you:
(a) represent that you are authorized to use such Payment Card;
(b) authorize us to charge your Payment Card periodically for the Subscription fees when due, including upon sign up for the Services and each subsequent Billing Cycle;
(c) agree to keep your Payment Card details valid and current; and
(d) agree to pay any processing fees that are charged by the third-party payment processors or Payment Card issuer.
If your Payment Card is declined when we attempt to charge it, we may try to charge it again at a later time. If we do not receive payment, we may suspend or terminate your Subscription.
1.6 Fee Changes We may change the fees that we charge for the Services at any time at our sole discretion, provided that we will give you at least thirty (30) days of prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the Subscription fees will take effect in the Billing Cycle immediately following our notice to you.
1.7 Authorized Reseller Refund Policy You may cancel your service at any time by calling 1-877-352-0863 or any other number provided to you by Identity Defense or through your online account. If you enrolled in our Services as part of an Authorized Reseller program, the Services will continue to be accessible until the last day of your current month’s billing cycle. Should you have questions, please contact your Reseller as any disposition of refunds, if owed, is between you and the Reseller.
PART 2. GENERAL LEGAL TERMS
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS – IF YOU RESIDE IN THE U.S. WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH IDENTITY DEFENSE AND ITS
AFFILIATES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW SECTION 2.12 OF THESE TERMS FOR DETAILS REGARDING ARBITRATION.
2.1 Eligibility Our Services are not available to persons who are not Eligible or to any users previously suspended, terminated, or removed from the Services by Identity Defense. “Eligible” means that (i) you are 18 years of age or above the age of majority in your jurisdiction of residence (whichever is greater) or (ii) you are 13 years of age or older but under the age of majority in your jurisdiction of residence and are using the Services with the permission and involvement of a parent or legal guardian who has agreed to these Terms. By downloading, using, or accessing the Services, you represent and warrant that you are Eligible.
If Identity Defense does not receive all the required personal information during the enrollment process to provide the features in the Subscription plan you selected, you agree that we may use our databases, or third party service providers to attempt to complete the required information on your behalf. If you do not provide this information, if we cannot verify your identity or if our service providers are unable to successfully provide the features in the Subscription plan you’ve selected based on the information you have provided, we may refuse to allow you to use certain features (for example, some credit-based features).
2.2 User Data, Accounts and Passwords You are fully and solely responsible and liable for the content and data you enter into our Services. Registration as a user or subscriber with the Services may require both a user name and a password, and certain portions of the Services may require the use of multiple one-time or persistent passwords. You should consider your usernames and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Services and your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to block a user’s account and/or prohibit a user from using the Services in the event of any suspected or actual fraud or a violation of these Terms, as determined in our sole discretion.
2.3 User Submissions, Feedback; Beta Features; Updates If you submit to Identity Defense feedback and/or reviews, suggestions, comments, or ideas relating to the Services (“Submissions”), you are granting to the maximum extent permitted by applicable law to Identity Defense and its affiliated companies a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum, now known or hereafter developed, to improve or market the Services or for any other reasonable business purpose. We may sublicense these rights through multiple tiers of sublicenses. No compensation will be paid with respect to the use of your Submission. Identity Defense is under no obligation to post or use any Submission you may provide and Identity Defense may remove any Submission at any time in its sole discretion. By providing a Submission to Identity Defense, you represent and warrant that you own or otherwise control all of the rights to your Submission that are necessary for you to provide it, including Intellectual Property Rights. You agree that: (i) all content of your Submissions must be accurate; (ii) you will not provide a Submission that is known by you to be false, inaccurate or misleading and/or may be reasonably considered to be defamatory, libelous, hateful, offensive, unlawfully threatening or unlawfully harassing to anyone; (iii) you will not provide a Submission that infringes a third party’s Intellectual Property Rights or other proprietary rights or rights of publicity or privacy; (iv) you will not provide a Submission that violates any applicable law, statute, ordinance or regulation; (v) you will not provide a Submission for which you were compensated or granted any consideration by any third party; (vi) you shall not provide any Submission that includes information that references other websites, addresses, email addresses, contact information, phone numbers, or other personally identifiable information for anyone; and (vii) you will not provide a Submission that contains any potentially damaging computer programs or files.
You are responsible for your Submissions and acknowledge that once published, we cannot always remove them. Your Submissions shall not be deemed confidential and Identity Defense shall not have any obligation to keep any such material confidential. Identity Defense shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.
Also we may, in our sole discretion, include new and/or updated beta features in the Services for your use and which permit you to provide feedback via mechanisms that Identity Defense offers for your feedback. Using beta features may subject you to the payment of fees. You understand and agree that your use of the beta features is voluntary. The beta features are provided on an “as is” basis and you acknowledge and agree that all use of beta features is at your personal risk. Certain beta features may be subject to additional terms or an agreement.
We may from time to time develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools or content in their entirety.
If applicable, for the App, depending on your mobile device settings, when your mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. We suggest that you promptly download and install all Updates. If you do not download and install the most recent Updates, portions of the Services may not properly operate. All Updates will be deemed part of the Services and be subject to all terms and conditions of the Terms.
You agree that Identity Defense has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, Updates, discontinuance or deletions.
2.4 Free Trials Identity Defense may, in its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials (such as, but not limited to, emails) describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials are only available to users who have not subscribed to the Services in connection with a Free Trial being offered in the last 12 months or other duration as clearly defined in the signup flow and/or in the applicable promotional materials.
You may be required to enter your billing information to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. You may cancel your Subscription at any point prior to the end of your Free Trial through your Identity Defense dashboard. Unless you cancel during the aforementioned timeframe, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii)cancel such Free Trial offer. Before charging you at the end of your free trial period, we will notify you of the applicable fees.
2.5 Third-Party Products and Policies We may offer or provide you access to products, services, or websites provided by third parties, including but not limited to free services provided by third parties and websites that hyperlink to our website or to whom we hyperlink (collectively “Third-Party Content”). Identity Defense does not control or bear any responsibility for Third-Party Content, including but not limited to their products or services or use by them of personal information you may provide them.
If you choose to access or use any Third-Party Content, including without limitation through third-party payment vendors while using the Services. Your personal information may be available to a third-party content provider. If you choose to visit or use any Third-Party Content, these Terms will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies, if any, and not our policies. Identity Defense has no responsibility for any third party’s policies or any third party’s compliance with them. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any Third-Party Content.
2.6 Indemnification To the fullest extent permitted by law, you agree to indemnify and hold Identity Defense, its affiliates, agents, suppliers, vendors, contractors, resellers, third-party partners, and licensors, and each of their respective contractors, subcontractors, officers, directors, shareholders, employees, agents, and its third-party suppliers, licensors, and partners (collectively, the “ Identity Defense Entities”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use and misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Identity Defense reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Identity Defense Entities, and you agree to cooperate with Identity Defense’s defense of these claims. Identity Defense will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
2.7 Export The Services, or certain portions thereof, may be subject to United States export controls. You may not export or re-export any aspect of the Services without (a) the prior written consent of Identity Defense, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, you may not remove or export from the United States or allow the export or re-export of any part of the Services in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. The Services may contain information that is controlled and restricted from export by the United States export controls restrictions, regulations, and laws described above (the “Controlled Information”). If Identity Defense, in its sole discretion, determines that it cannot implement the Services in a manner to exclude access to Controlled Information where required, if you are in a country or territory that is subject to such regulation, you shall not be provided access to the Services.
2.8 Disclaimers; No Warranties TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, Identity Defense disclaims all warranties, statutory, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No information, whether oral or written, obtained by you from Identity Defense or through the Services will create any warranty not expressly stated herein. You expressly agree that the use of the Services is at your sole risk. The Services and any data, information, third-party software, services, or applications made available in conjunction with or through the Services are provided on an “as is” and “as available”, “with all faults” basis and with no assurances that the Services will withstand attempts to evade security mechanisms or that there will be no cracks, bugs, disablements or other circumvention. Identity Defense does not warrant that the Services will be uninterrupted or free of errors, viruses, or other harmful components and does not warrant that any of the foregoing will be corrected. You understand and agree that if you use, access, or download the Services, or otherwise obtain or transmit materials, data, or other content while using the Services, you do so at your discretion and risk.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
2.9 Limitation of Liability and Damages TO THE FULLEST EXTENT PERMITTED UNDER LAW, IDENTITY DEFENSE AND THE PANGO AFFILIATED ENTITIES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING CONCERNING YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
Also, when using the Services, information will be transmitted over a medium that is beyond the control and jurisdiction of Identity Defense, its partners, advertisers, and sponsors, or any other third party mentioned on the Services. Accordingly, Identity Defense assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Services.
NEITHER IDENTITY DEFENSE, CSID, EQUIFAX, TRANSUNION, EXPERIAN NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF ANY OF YOUR CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER IDENTITY DEFENSE, CSID, EQUIFAX, TRANSUNION, EXPERIAN NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE IDENTITY DEFENSE SERVICES. NEITHER IDENTITY DEFENSE, CSID, EQUIFAX, TRANSUNION, EXPERIAN NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE, OR ATTEMPTED USE OF THE SERVICES. NEITHER IDENTITY DEFENSE NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU, IN ANY EVENT, IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID IDENTITY DEFENSE FOR YOUR MEMBERSHIP. IDENTITY DEFENSE PRODUCTS AND SERVICES ARE NOT A CREDIT COUNSELING SERVICE AND DO 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.
2.10 Basis of the Bargain You acknowledge and agree that Identity Defense has offered the Services, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Identity Defense, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Identity Defense. Identity Defense would not be able to provide the Services to you on an economically reasonable basis without these limitations.
2.11 Government Use This Section 2.11 applies where the Services are provided for the benefit of a U.S. governmental end-user. As defined in FAR section 2.101, the Services are “commercial items” and according to FAR 12.212 and DFARS section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with FAR section 12.212 and DFARS section 227.7202, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.
2.12 DISPUTE RESOLUTION BY BINDING INDIVIDUAL ARBITRATION
Please read this carefully. It affects your rights.
(A) Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us via the phone number or email address in your account dashboard which at the time of publishing is 1-888-217-0379 and [email protected]. In the unlikely event that customer service is unable to resolve a complaint you may have with Identity Defense or Identity Defense’s service Provider(s) to your satisfaction (or if Identity Defense and/or Identity Defense’s service Provider(s) have not been able to resolve a dispute with you after attempting to do so informally), you, on the one hand, and Identity Defense and/or Identity Defense’s service provider(s), on the other, each agree to resolve those disputes under the Arbitration Agreement contained in this Section 2.12. The Arbitration Agreement requires you to resolve all disputes (other than those expressly exempted in this Section 2.12) through binding arbitration on an individual basis, instead of in courts of general jurisdiction to the fullest extent permitted by law. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. We will pay all costs of arbitration, no matter who wins, so long as your claim is not frivolous. However, in arbitration, you, on the one hand, and Identity Defense and/or Identity Defense’s service provider(s), on the other, will be entitled to recover attorneys’ fees to the same extent they would be available in court.
(B) Arbitration Agreement – You, on the one hand, and Identity Defense and/or Identity Defense’s service provider(s), 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 ON AN INDIVIDUAL BASIS administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations, as modified by this Arbitration Agreement. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA and appear at adr.org. Identity Defense can also help put you in touch with the AAA. The parties intend that this agreement to arbitrate (“Arbitration Agreement”) be construed broadly, such that this Arbitration Agreement includes any Claims by you against Identity Defense or Identity Defense’s service provider(s) as well as their respective corporate affiliates for any claims, disputes, or causes of action related in any way to (i) your use of the Services or (ii) the breach, enforcement, interpretation, applicability, or validity of these Terms or any part of them (including this Arbitration Agreement).
You agree that, by entering into these Terms or otherwise using the Services, you are waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for the payment of your arbitration filing fee. (The filing fee for consumers currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request). The arbitrator shall be authorized to award whatever relief would be available in a court under law or in equity, other than relief reserved for the courts by law or statute. YOU, ON ONE HAND, AND IDENTITY Defense AND/OR IDENTITY Defense’S SERVICE PROVIDER(S), 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 Identity Defense 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 this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The parties to these Terms acknowledge that this Arbitration Agreement is made according to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), except to the extent state law provides defenses or exceptions not preempted by the 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 2.12 shall survive any termination, cancellation, or expiration of this Agreement.
Exceptions to Arbitration: Notwithstanding the foregoing, the following claims are not subject to this Arbitration Agreement, provided that they are brought and maintained as individual claims and not in any class, consolidated, or representative capacity: (1) claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act (“FCRA”) and/or the FCRA’s state law equivalent(s) or (2) claims properly lodged in a small claims court of the United States.
2.13 Prohibited Conduct BY USING THE SERVICES YOU AGREE NOT TO:
- use the Services for any fraudulent, harassing, or abusive purpose, or to damage or cause risk to our business, reputation, employees, subscribers, facilities, or any person;
- use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
- use the Services for any commercial use, it being understood that the Services are for personal, non-commercial use only;
- use the Services if you are not Eligible;
- remove, circumvent, disable, damage, or otherwise interfere or deny service in any way or form with security-related features of the Services, features that prevent or restrict use or copying of the Software, or features that enforce limitations on the use of the Services;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof; and
- intentionally interfere with or damage the operation of the Services, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
2.14 Digital Millennium Copyright Act It is Identity Defense’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to our DMCA Notification Guidelines.
2.15 Notice to California Residents You may reach Identity Defense at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
2.16 No relationship These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Identity Defense.
2.17 No Tax or Legal Advice; No Credit Repair Services You acknowledge and agree that we are not providing any legal, tax, or financial advice by providing the Services to you. We are also not a credit repair agency and use of the Services will not repair your credit or improve your creditworthiness.
2.18 Additional License Terms for Apple App Store and Google Play Store If the Software is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms set forth herein:
(b) In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software (if any) to the Customer. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever for the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed by the Customer Agreement.
(c) Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by this Agreement, and Apple is not responsible for such claim.
(d) Any third party claim that the Software or your possession and use of the Software infringe that third party’s Intellectual Property Rights will be governed by this Agreement, and Apple will not be responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim.
(e) Apple shall be a third-party beneficiary of this Agreement and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
If the Software is provided to you through the Google Play Store (“Google-Sourced Software”), then the following terms and conditions apply to you in addition to all the other terms set forth herein:
(b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
(c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
(d) Identity Defense, and not Google, is solely responsible for its Google-Sourced Software;
(e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and
(f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Identity Defense’s Google-Sourced Software.
2.19 Monitoring of Customer Service Sessions We and our partners may monitor and record customer service sessions, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You hereby grant us permission to monitor and record any customer service sessions involving you and/or any other members you have enrolled on the Family Plan, including information related to your children, that participate in the customer service sessions to use or disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental requests; to respond to claims asserted against us or our affiliates; to enforce and to ensure (including any investigations needed) a user’s compliance with these Terms; to conduct risk assessments and prevent, detect and investigate incidents of fraud, security and technical issues; to protect our and our affiliates’ rights, property or safety of , its other users or members of the public to provide the Services to you or other users, and/or to enhance the types of Services we may provide in the future.
2.21 Termination by Identity Defense Identity Defense may terminate your use of the Services or discontinue providing access to the Services at any time and for any reason, including, but not limited to any actual or suspected breach by you of these Terms or any other unacceptable or objectionable use of the Services, as determined by Identity Defense in its sole discretion. You agree that any termination of your access to the Services may be effected without prior notice and you agree that Identity Defense will not be liable to you or any third party for any such termination.
If such termination or discontinuation occurs during a period for which you are a paid subscriber, you may be entitled to a pro-rated refund of your current subscription payment amount in connection with your use of the Services. If your account is terminated due to your breach of these Terms, or if the decision to terminate your subscription is made by an Authorized Reseller who sponsored your account, you will not be eligible for a refund. All refunds are issued at Identity Defense ’s sole discretion and any refund request may be denied for any or no reason. If you have been terminated from the Services and wish to request a refund, please contact us via the phone number or email address in your account dashboard which at the time of publishing is 1-888-217-0379 and [email protected] and describe the circumstances relating to the termination or discontinuation of your use of the Services. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Identity Defense may have at law or in equity.
2.22 Termination by You You may terminate these Terms at any time by discontinuing use of the Services, deleting your account with the Services, and uninstalling any Software downloaded in connection with your use of the Services.
2.23 Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Identity Defense without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
2.24 Additional Terms Certain areas, features, or functionality of the Services may be subject to different or additional terms, rules, guidelines, or policies (“Additional Rules”) and not every Subscription will include the same features (for example, Subscriptions purchased via an authorized third party may not include all of the same features as a Subscription purchased through our desktop Site). Not all Features may be available on all devices. Depending upon the Services you subscribe or register to use, you may be permitted to be enrolled as follows: (1) by telephone, (2) by the Identity Defense website, (3) by another method permitted by Identity Defense or (4) by a third party who is authorized on Identity Defense’s behalf or provide your personal information to enroll you on your behalf. Features may be added, changed or removed during the Subscription term. We may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms” in this agreement includes the Additional Rules.
2.25 Entire Agreement These Terms (including any documents incorporated here by reference) constitute the entire agreement between you and Identity Defense concerning its subject matter, and it supersedes any other prior or contemporaneous agreements or terms, written or oral.
2.26 Force Majeure Neither Identity Defense nor you will be liable for inadequate performance under these Terms to the extent caused by events beyond the reasonable control of a party, which may include denial-of-service attacks, internet disturbance, strikes, riots, pandemics or epidemics, natural disasters, acts of God, war, terrorism, and governmental action.
2.27 Governing Law These Terms will be governed by and construed by the laws of the State of New York, USA, exclusive of its choice of law principles.
2.28 Interpretation These Terms were prepared and written in English. Any non-English translations of these Terms which may be made available are provided for convenience only and are not valid or legally binding. Use of section headings in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. The use of the words “includes,” “including,” “such as,” “for example,” and similar terms are deemed not to limit what else might be included.
2.29 Jurisdiction You agree that in the event of a dispute that is not subject to the Arbitration Agreement in these Terms, or if the Arbitration Agreement is found to be unenforceable any action at law or in equity arising out of or relating in any way to these Terms or your use of the Services, except any claim properly lodged in a Small Claims Court of the United States, will be filed only in the state or federal courts located in New York, New York and you hereby consent and submit to the personal and exclusive jurisdiction of such courts to litigate any such action. You further agree that any such claims will be brought solely on an individual basis and not as part of any class, consolidated, or representative capacity.
2.30 Notice All notices must be in writing and will be deemed given when: (a) personally delivered, (b) verified by a written receipt, if sent by postal mail with verification of receipt service or courier, (c) received, if sent by postal mail without verification of receipt, or (d) verified by automated receipt or electronic logs if sent by email, provided that no bounce or other technical error message was received in response. Notices to Identity Defense must be sent to;
Identity Defense Customer Service
250 Northern Ave, 3rd Floor
Boston, MA 02210
Attention: Legal Department
In addition, a copy must be emailed to [email protected]. Email alone is insufficient for providing non-routine legal notices to Identity Defense such as notices related to disputes or arbitration, indemnification claims, breach notices, and termination notices (“Non-Routine Notices”) to Identity Defense. You may grant approvals, permission, extensions, and consents by email. Notices to you may be sent to the email address associated with your account for the Services. You consent to receive certain electronic communications from us in connection with your use of the Services. You agree that any notices or other communications sent to you electronically will satisfy any legal notice requirements. You must keep contact details associated with your account and accurate, and you will notify Identity Defense in writing of any changes to such details.
2.31 Severability If any provision of these Terms is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
2.32 Survival Upon termination or expiration of these Terms for any reason, such terms as by their nature would survive termination shall survive. In particular, Section 2.6 (Indemnification), 2.9 (Limitation of Liability), and 2.12 (Binding Arbitration) will survive.
2.33 Third Party Beneficiaries Except as expressly provided herein, there will be no third party beneficiaries to these Terms.
2.34 Waiver The failure of Identity Defense to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Identity Defense. Any cause of action arising out of or related to the Service by you against Identity Defense must commence within one (1) year after the cause of action accrues.
2.35 Modification of this Agreement Identity Defense may make changes to these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or to account for additional features or functionality in the Services. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms through the Services. You agree that it is your responsibility to regularly check the Services for any updated Terms. By continuing to use or access any of the Services or otherwise engaging with Identity Defense after we post any changes, you accept the updated Terms. The “Last Updated” legend above indicates when these Terms were last changed. If a revision materially alters your rights, as determined by Identity Defense in its sole discretion, we will use reasonable efforts to notify you in advance of the change becoming effective, which may include sending a notification to the e-mail address(es) associated with your account or displaying a pop-up or banner within the Services. In any case, the most current version of these Terms will be posted on the Services. Changes will be effective no sooner than the last updated date. By continuing to use the Services after the date the changes become effective, you indicate your agreement to be bound by the updated Terms. If you do not agree to any changes made to these Terms, you must immediately stop using the Services.
2.36 Trademark and Copyright. © 2023 Identity Defense All rights reserved. “IDENTITY DEFENSE” (and combinations thereof) are trademarks and/or federally registered trademarks of Intersections LLC (doing business as ‘Pango’). The following are trademarks of third parties: Equifax is a registered trademark of Equifax, Inc.; Experian is a registered trademark of Experian, Inc.; TransUnion is a registered trademark of TransUnion, LLC; and other trademarks are trademarks of their respective owners.
All aspects of the Services and their content, features, and functionality are owned by Identity Defense, our licensors, or other content suppliers, and are protected by copyright and other intellectual property laws. See Part IV of these Terms for the details of the limited license under which you are permitted to use the Services.
2.37 Contact Us
If you have any questions about these Terms, please contact us at the below address or by contacting us via the phone number or email address in your account dashboard which at the time of publishing is 1-888-217-0379 and [email protected]:
Identity Defense Customer Service
250 Northern Ave, 3rd Floor
Boston, MA 02210
Email: [email protected] and [email protected]
Part 3. SERVICE-SPECIFIC TERMS
Your use of the Services is subject to both the General Legal Terms (see Part II above) and Service Specific Terms. Service Specific Terms may apply to you only if you have purchased
or use one or more of the particular Services listed at the time of your Subscription. Please note that not all of the Services are available in all countries. If there is a conflict
or inconsistency between the General Legal Terms and the Service Specific Terms offered to you at the time of Subscription, the Service Specific Terms will govern and apply.
It is your responsibility to review the Service Specific Terms at the time of Subscription, and understand which terms and conditions apply to your Subscription. If you have any questions about the applicability of the Service Specific Terms, please feel free to contact us. See Section 2.42 above for Identity Defense’s contact information.
Any warranty disclaimers or limitations of liability included in the Service Specific Terms do not limit the applicability or force of any more general warranty disclaimers or liability limitations found elsewhere in these Terms, including, without limitation, Sections 2.8 and 2.9 of the General Legal Terms.
3.1 Dark Web Monitoring(Online Account Monitoring)
With our Dark Web Monitoring feature (“Dark Web Monitoring Feature”) as part of the Services, you can designate your financial accounts, mailing address, and other types of personal
information listed below, up to the limits associated with each type of information. This Dark Web Monitoring Feature monitors for the information that you designate through your account
(“Dark Web Monitoring Designated Information”) and notifies you when your Dark Web Monitoring Designated Information is found online. By entering the Dark Web Monitoring Designated Information,
you confirm that you own this information and have the right to provide it to us. This feature will not monitor for or detect any information that you have not designated through your account.
If we find your Dark Web Monitoring Designated Information on the dark web, we will send you a notification. We will not remove your Dark Web Monitoring Designated Information from the dark web and we do not ensure the accuracy or integrity of the information on the dark web. We do not guarantee that the Dark Web Monitoring Feature will identify all instances of your Dark Web Monitoring Designated Information on the dark web. You acknowledge and agree that our failure to identify Dark Web Monitoring Designated Information on the dark web will not constitute a breach or default by us of our obligations.
You can add the following personal information to be monitored in our Dark Web Monitoring feature as the Dark Web Monitoring Designated Information:
- Credit card (up to 40)
- Date of birth (up to 1)
- Driver’s license (up to 1)
- Email address (up to 10)
- Mailing address (up to 1)
- Phone number (up to 5)
- Financial account numbers (up to 5)
- Health Insurance ID (up to 3)
- Passport (up to 2)
- SSN or SIN (up to 1)
- Loyalty Cards (up to 10)
- National Provider ID ( up to 1)
For our family plans, the Dark Web Monitoring Designated Information for each account must be entered and edited separately. No single
member of a family plan can view or update the accounts for his/her entire household through his or her own
account. Each account holder must sign into his/her own account in order to view or update the Dark Web Monitoring Designated
When using the Dark Web Monitoring Feature, you may not:
- Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- Obtain, export, move or copy any data, information or material when you do not have the right to do so, or which was obtained using the Dark Web Monitoring Feature for an unlawful purpose;
- Attempt, in any manner, to obtain the password, account, or other security information from any other user of the Dark Web Monitoring Feature;
- Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Dark Web Monitoring Feature or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- Participate in the collection of very large numbers of e-mail addresses, phone numbers, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”); or
- Use the Dark Web Monitoring Feature for any purpose other than identity theft protection
3.2 Secure VPN
Our Secure VPN Services generally provide sufficient capacity to accommodate average non-commercial use. It is
possible that you may temporarily experience slower service or service unavailability, and any such temporary
slowdown or unavailability will not constitute a breach or default by us of our obligations. Identity Defense reserves the
right to prevent your access to the Service or continued use thereof if you violate this Agreement, engage in
fraud or copyright infringement.
If we observe that: (a) your usage level exceeds our average customer use level or otherwise negatively impacts the overall health of the network or (b) you exceed any bandwidth limitations associated with your account, all as determined by Identity Defense in its sole discretion, then we may suspend or cancel your account for clarification or investigation. We will not be liable to you or owe you any refund or other compensation as a result of any such suspension or cancellation. We do not condone or endorse any unlawful, illicit, criminal or fraudulent activities perpetrated by you while using the Services. We will not be liable in any way for any actions of the users of the Services.
3.3 Identity Theft Protection Services
The Identity Theft Protection Services, including features such as monitoring your credit profile, providing insurance for eligible
identity theft claims, and monitoring certain publicly available registries maintained by local law enforcement agencies for your information,
are only available to users who have a U.S. Social Security Number and a U.S. mailing address. You agree that you will use these Services only
for your own behalf, except if you are enrolled in the Family Plan in which case each adult member of the Family Plan agrees to the requirements
in this Section. You will be responsible for all use of your membership number and if applicable for a Junior Member that you enroll for Identity
Theft Protection services under the Family Plan, for any Junior Member’s membership number (together, “Membership Number”). You must notify
Identity Defense immediately of any unauthorized use of any Membership Number, or the theft or misplacement of a Membership Number.
Authorization: You understand that by enrolling in the Services, you are providing “written instructions” in accordance with the federal Fair Credit Reporting Act, as amended (“FCRA”), for Identity Defense and its service providers, which may include CSIdentity Corporation (“CSID”), Equifax Inc. (“Equifax”), and TransUnion, LLC (“TransUnion”) to obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You authorize Identity Defense and its service providers to use your Social Security number to access your personal credit profile, verify your identity, and provide credit monitoring, reporting, and scoring products. Further, you authorize Identity Defense to make any inquiries necessary to verify your identity or your ownership of financial or other accounts relevant to your use of the Services. This may include, without limitation, making inquiries through third-party sources or requiring you to provide additional information or documentation. If we are unable to verify your identity or otherwise obtain your credit information from a credit reporting agency, we will be unable to provide certain Services to you and reserve the right to refuse to offer some or all of the Services to you, downgrade or cancel your Subscription, as applicable.
Insurance: Identity theft insurance is governed by a master policy, the terms of which are incorporated herein by reference. The issuance of the policy is evidenced by an insurance certificate, summary of benefits, or other similar document, that has been provided to you. You acknowledge receipt of this information and agree to be bound by the terms, conditions, limitations, and exclusions of the policy. To view these Terms and our website, you must use a supported browser. You may obtain a paper copy of these disclosures by.
Credit Report-Related Disclosures for US Residents: The Fair Credit Reporting Act allows you to obtain a disclosure from every credit reporting agency of the nature and substance of all information in your file at the time of the request. Full disclosure of information in your file at Transunion, Equifax, or Experian must be obtained directly.
- For Experian, call 888-397-3742 or log on to www.experian.com
- For Transunion, call 800-816-880 or log on to www.transunion.com
- For Equifax, call 888-378-4329 or log on to https://my.equifax.com
The credit report you are requesting from Identity Defense is not intended to constitute the disclosure of Experian, Equifax, or Transunion information required by the Fair Credit Reporting Act or similar state laws. You are entitled to receive a disclosure directly from the consumer reporting agencies free of charge under the following circumstances:
a. You have been denied credit, insurance or employment within the past sixty (60) days as a result of your credit report.
b. You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the date on which I made the certification.
c. You are a recipient of public welfare assistance
d. You have reason to believe that your file at the agency contains inaccurate information due to fraud
e. Annually at www.annualcreditreport.com
Otherwise, the consumer reporting agency may impose a reasonable charge for the disclosure.
The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit file. You understand that accurate information cannot be changed. You do not have to purchase your credit report or other information from Identity Defense to dispute inaccurate or incomplete information in my Experian file or to receive a copy of your Experian consumer credit report.
Experian’s National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by Identity Defense. The disclosure report must be obtained directly from Experian. Consumers residing in the States of Colorado, Massachusetts, Maryland, New Jersey, and Vermont may receive a free copy of their consumer credit report once per year and residents of the State of Georgia may receive two copies per year.
Fraud Alerts are available to any eligible consumers—free of charge—from a national consumer reporting agency.
NOTICE TO ILLINOIS RESIDENTS: MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM GOVERNMENT AGENCIES. CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT RECORD UPON REQUEST AT NO CHARGE OR FOR A NOMINAL FEE.
The Services are not intended to substitute for any free credit report or disclosure that any credit reporting agency or bureau is required by law to provide to you. Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your credit report is inaccurate, you have the right to dispute it by contacting the credit bureau directly.
VANTAGESCORE 3.0 CREDIT SCORE: VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you’ll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and Equifax, that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.
There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don’t be surprised if your lender gives you a score that’s different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender’s score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
Certain Public Records Monitoring: The sex offender (“Offender”) information that is used for a specific feature for the Services to monitor for if your information is added to a sex offender registry is derived from official public records. As such, the accuracy of the information provided through the Services may vary based upon the accuracy of such official public records. In certain cases, we may not obtain all the address information associated with the Offender who is contained in the public record. Identity Defense has no control over the contents of official public records. If you believe the information found using this feature is incorrect, please contact the local police department in the applicable jurisdiction for assistance. That police department will be able to assist you directly or refer you to the appropriate authority.
3.4 Financial Transaction Monitoring
If you choose to activate our Financial Transaction Monitoring Services, you must provide us with any necessary
information to render the Services, including, without limitation, the applicable account credentials for your
credit, commerce, banking, investment, and other eligible account(s) (“Transaction Account Credentials”). By
activating the Services and providing us with your Transaction Account Credentials, you hereby grant Identity Defense the
express authorization to access your account(s) as your agent in fact and further grant to Identity Defense a non-exclusive,
fully-paid, perpetual, royalty-free, license to use, reproduce, distribute, and/or transfer any data or account
information obtained for the sole purpose of monitoring your transactions within the corresponding accounts.
Notwithstanding the foregoing, Identity Defense may prepare, develop, and retain aggregated and/or anonymized data from your
account for its own internal use.
Should you change your account information (including your Transaction Account Credentials with any of your third-party providers) you must also update that account information in our system in order for Identity Defense to continue to provide the Services to that respective account. You hereby acknowledge and understand that our network(s), products, and/or services are limited to the account information provided by you and your third-party providers, and we may in certain limited circumstances experience delays and/or failures to process or identify fraudulent transactions. You hereby acknowledge and agree to monitor your accounts and transactions and further expressly recognize that you should not solely rely on alerts from Identity Defense for accuracy or delivery in all cases.
3.5 Additional Title Monitoring
We may offer additional title monitoring for property you own and register with us such as for your home or car (“Additional Title Monitoring”).
Our Additional Title Monitoring services send a notification to you if we identify an ownership or other change on the title to your monitored
property based on the applicable records kept by the relevant authorities such as by your county’s assessor or recorder’s office. If you receive
a notification, you will need to contact your relevant authority to get more detailed information and/or correct their records. Our Additional Title
Monitoring is offered as a notice-only service and Additional Title Monitoring does not include any Identity Theft Remediation Services (discussed in Section 3.8 below)
or identity theft event insurance (discussed in Section 3.3 above), or any other services whatsoever, for any ownership or other changes to the
titles available for monitoring through our Additional Title Monitoring Services.
These Services are dependent upon the records maintained by the relevant authorities such as your county’s assessor or recorder’s office. As such, the accuracy of the information provided through the Services may vary based upon the accuracy of such records. You acknowledge and agree that we will not be liable for any inaccuracies or errors in such records, or for the absence of any information in such records.
3.6 Identity Theft Remediation
In order for us to provide our Identity Theft Remediation Services, you must provide us with a signed Limited
Power of Attorney (“LPOA”) in the form that we will send to you. A LPOA form may be sent to you after you contact
our customer support team which you will be required to complete and return in accordance with the instructions
enclosed. The LPOA allows us to work on your behalf with creditors, merchants, banks and other entities. You may
also be required to provide us with other documents relating to the applicable identity theft event, depending on
In addition, separate and apart from the LPOA, you authorize us to take all reasonable actions on your behalf to help restore your identity. Without limiting the immediately foregoing sentence, by agreeing to these Terms, you are providing “written instructions” for us to obtain information on a recurring basis from any consumer reporting agency in order to (i) confirm your identity, (ii) display or disclose your credit information to you and/or your designated representative related to your use of the applicable Services, (iii) allow us to create and deliver certain features of the Services to you, and (iv) permit us to monitor your credit file(s) so that we can provide to you and/or your designated representative certain fraud alerts and provide assistance in reviewing certain portions of your credit data. You acknowledge and agree that you do not have to specifically authorize each action we take, and you further acknowledge that we can investigate the facts and circumstances related to your identity theft case, including but not limited to contacting third parties by U.S. mail, telephone, and email. We reserve the right to ask for evidence of or related to the identity theft event, including but not limited to: affidavits, police reports, and/or other government reports.
3.7 Additional Members; Family Plans
Some Services, such as our Family Plan, may allow you to register your family members or their devices to use the
Services, enable you to add other adults and children living at the same address as you, or help you monitor and
manage the online activities of children up to 18 years old. If you are enrolling a parent or senior, minor or child,
spouse or domestic partner, you agree that the information you provide to Identity Defense about yourself or about the
third party is true and accurate, and you are duly authorized to provide this information, and in certain cases such as
the case of minors, to monitor their accounts, on their behalf. You further agree to these Terms on their behalf. If requested,
you agree to provide documentation necessary in our sole discretion to prove your relationship with any minor child or other
people on your account. You further acknowledge and agree that subject to our then-current customer authentication procedures,
another adult customer enrolled on your account may authorize changes to the account, including termination of your subscription
or changes resulting in added charges.
Applicable Services may be only accessed and used by or on behalf of parents, in-laws, spouses/domestic partners, and/or minor children (for whom you are the legal guardian or parent). If you are an adult legal guardian, you may use the Services to track and monitor only your children, children for whom you are the legal guardian or others for whom you have legal authorization to track and monitor. By enrolling a child as part of the Family Plan, you represent and affirm that (a) you are the custodial parent or legal guardian of each child you register, (b) any documentation that you provide asserting the same is valid, (c) each child that you register legally resides at your address of record, and (d) that as required, you are able and willing to provide a copy of (i) your valid driver’s license, (ii) your child’s social security card, (iii) your child’s birth certificate, and (iv) any other documentation required to verify proof of legal Defenseianship. You agree to notify us in the event that the status of your legal guardianship changes; we reserve the right to cancel each child upon such status change. Enrollment of any child in Family Plan will be canceled upon any child becoming 18 years old and the primary member may then invite the adult (former child) to join his/her Family Plan.
3.8 Anti-Virus/Malware Removal
If your Subscription includes our Anti-Virus or Malware Removal Services, or a similar service whereby we or one
of our partners access your device to attempt removal of malware or perform other specified services, additional
terms may apply. Such terms may be specified in the documents that accompanied your purchase.
We will make commercially reasonable efforts to perform the malware removal Services covered by your Subscription. You understand and agree that not all malware can be removed through the Services and we do not guarantee that we can remove all malware from your device(s). To the extent permitted by applicable law, we will have no liability for loss of or recovery of data, software, or loss of use of system(s) or networks arising out of your use of these Services or any act or omission, including negligence, by us or our representatives. You agree that you have a valid and legal license to access and download the Services on your device(s) and that your use of the Internet is solely at your own risk. By electing to receive the Services, you confirm that you (i) have full access to your hardware and software for which you are purchasing the Services, and (ii) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services.
3.9 Mobile Messaging Alerts
Our Mobile Alert Services allow you to receive informational alerts related to the categories you select. If you
do not wish to continue receiving these Services, you can reply “STOP” to any mobile message from us in order to
opt out of the Services.
User Opt In: The Services allow users to receive SMS/MMS (“mobile”) alerts that include information related to your Subscription, such as, but not limited to, fraud monitoring alerts, credit score alerts, dark web activity alerts, etc. Users must affirmatively opt into these Services, such as by signing up online, or by texting a keyword to Identity Defense’s short code in response to a call-to-action. Regardless of the opt-in method you utilized to receive the Services, you agree that these Terms apply to your participation in the Services. The mobile messaging service used by Identity Defense to communicate with you does not have the capacity to randomly or sequentially generate telephone numbers. Thus, Identity Defense’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by signing up to receive mobile alerts from Identity Defense, you agree to receive autodialed mobile messages and you understand that consent is not required to make any purchase from Identity Defense.
Identity Defense may also offer various applications or services that enable or incorporate transactional text messaging, including, but not limited to, one-to-one messaging, text-message receipts, and other informational alerts. By providing your mobile telephone number to Identity Defense when presented with or informed of these Terms, you consent to receive non-marketing mobile messages to the fullest extent permitted under applicable law, regardless of the technology utilized.
Cost and Frequency: Message and data rates may apply. The Services involve recurring mobile messages, and additional mobile messages may be sent based on your interaction with Identity Defense.
Contact Information: For support, text “HELP” to any Identity Defense mobile message. If at any time you forget what keywords are supported, you can also text “HELP” to 99754 and we will respond with instructions on how to contact us. For all questions about the services provided by this short code, you can send an email to [email protected].
User Opt-Out and Additional Commands: To opt-out of receiving all mobile messages, reply “STOP” to any mobile message you received from Identity Defense on your mobile device. This is the easiest and preferred method to opt out of receiving mobile messages from Identity Defense. You may receive an additional mobile message confirming your decision to opt out. The Services may recognize or respond to additional commands and keyword queries. Thus, you may receive additional informational text messages based on your interaction with the Services, even after opting out of receiving the mobile alerts. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Identity Defense that result from your continued communication with the Services. Identity Defense may also provide you instructions on how to rejoin receiving the Services’ recurring mobile alerts when you unsubscribe. You agree that you are subject to the Terms, including any modifications thereto then in effect, when you resubscribe to the Services through any of the available options to do so.
MMS: The Services will send SMS MTs if your mobile device does not support MMS messaging.
Identity Defense Warranty: Identity Defense will not be liable for any delays or failures in the receipt of any messages connected with the Services. Delivery of messages is subject to effective transmission from your wireless service provider/network operator and is outside of Identity Defense’s control.
Participating carriers: Identity Defense engages various SMS related service providers to provide SMSs to you. It is possible that your phone carrier is not able to receive SMSs through Identity Defense. The list of participating carriers and any charges by them are outside of Identity Defense’s control. No participating carrier shall be liable for delayed or undelivered messages.
Miscellaneous: You warrant and represent that you will not provide to Identity Defense any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify Identity Defense that your prior telephone number is no longer assigned to you.
3.10 Experian CreditLock
By requesting an Experian CreditLock to be placed on your behalf, you are requesting to restrict most third party access to your
Experian credit report. You acknowledge that your Experian credit report, when locked with Experian CreditLock, may still be
accessible by third parties in certain instances deemed to be low-risk by Experian, including access to your Experian credit
report by the following third parties: (1) You, as part of any Service offering Experian CreditLock as a benefit; (2) potential
employers or insurance companies; (3) companies that have an existing credit relationship with you; (4) collection agencies acting
on behalf of companies or individuals on a debt you may owe and related collection activities; (5) companies providing pre-screened
credit card offers. Please understand that your Experian credit report will be unlocked if you cancel a Service that includes Experian
CreditLock as a benefit, or downgrade to a Service that does not include Experian CreditLock as a benefit.
Your Experian CreditLock will restrict delivery of your Experian credit report only, and does not apply to your TransUnion or Equifax credit report. To lock or place a security freeze on your Equifax or TransUnion credit report, you will need to contact those bureaus directly. While Experian CreditLock may include some functionality similar to security freeze programs required under certain laws, you acknowledge that Experian CreditLock is a separate service from, and not equivalent to, such security freeze programs. For more information about the Experian security freeze program, please contact Experian at https://www.experian.com/freeze/center.html or 1-888-EXPERIAN.
3.11 Password Manager
If a Password Manager is made available to you by Identity Defense and you use this feature, it will help store your passwords for any websites that you elect to use it for and the browser extension for the Password Manager will periodically notify you to store your passwords with Identity Defense when you’re browsing the Internet. We recommend you do not share the password to your Identity Defense account with anyone, because anyone with access to your Identity Defense account may be able to obtain access to your other passwords.
3.12 Certain Reseller Executive or Other Executive White Glove Plans
We may offer certain reseller executive or other executive white glove plans such as our Employee Benefits Executive Ultimate Plan. If you’re enrolled in one of our reseller executive or other executive white glove plans, you agree to the following:
- You agree that if you have voluntarily identified the person designated in the LPOA to interact with us, such delegation is binding and enforceable and we can rely on the instructions of such person on your behalf. You will be responsible for any and all actions of your delegate.
- In the event you wish to change your delegate, you will reach out to us and inform us of the change in writing.
- We will occasionally call the primary member or their delegate to follow up on certain high importance alerts, but it will be your responsibility to review alerts and contact us if they suspect fraud or need assistance.
- If it is included in your plan, your insurance coverage for any identity theft protection related eligible losses will be up to USD $5 million. Please see summary of benefits here for more details.
PART 4. LIMITED LICENSE
We are pleased to grant you, an individual consumer, a personal, non-transferable, nonexclusive term-limited
license to install and use the Software and access the Services for which you have purchased a Subscription for
personal use on the number of Devices (defined below) and for the number of users specified in your License
Entitlement or Service Entitlement, as applicable, subject to the System Requirements.
“License Entitlement” means the number and type of Devices and users that are permitted to download and use the Software and access the Services, as specified at time of purchase and in your account profile. If no licensed device count or user count was specified, the License Entitlement is for a single Device and user.
“Service Entitlement” means the scope and duration of the Services you purchased, as specified at time of purchase and in your account profile. If no scope or duration is specified in the documents, the Service Entitlement is for a single Device and user for one year.
“System Requirements” means the supported Devices and operating systems that the particular Identity Defense product or service you purchased will function properly with, as listed on our website or other applicable documentation. It is your responsibility to meet System Requirements, such as obtaining updates or upgrades to continue using the Services.
4.1. Ownership; Proprietary Rights
The Services, including the Software (and any releases, revisions, updates, or enhancements), and all of their content, features, and functionality, including, without limitation, information, text, graphics, logos, button icons, images, visual interfaces, audio clips, video clips, data compilations, computer code (including source code or object code), software, products, services, and the design, selection and arrangement thereof, and any accompanying documentation (collectively, the “Materials”) are the exclusive property of Identity Defense, its licensors, or other content suppliers and are protected by the United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights laws. Except as expressly authorized by Identity Defense, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the Services or Materials. Identity Defense reserves all rights not expressly granted in these Terms.
4.2 Limited License
Subject to these Terms, Identity Defense grants you a limited, revocable, nonexclusive, personal, nontransferable license to install and use the Software and to access the Services for internal, noncommercial, and personal purposes only and subject to your Service Entitlement and License Entitlement. The Software is “in use” on a Device for purposes of this paragraph when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or another storage device) of the Device.
4.3 License RestrictionsYou may not (and may not allow a third party to):
(a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Services by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law;
(b) remove or destroy any copyright notices or other proprietary markings from the Services;
(c) attempt to circumvent any use restrictions applicable to the Services;
(d) modify or adapt any aspect of the Services, merge any aspect of the Services into another program, or create derivative works based on the Services;
(e) use, copy, or distribute the Software without Identity Defense’s written authorization, except that you may make one (1) copy of the Software for archival or backup purposes only;
(f) use the Services to provide, alone or in combination with any other software, product or service, any software/product/service to any person or entity, whether on a fee basis or otherwise or on websites where you have agreed “not to use any ad blocking solutions”, for instance by agreeing to the terms of services on the respective websites or to circumvent technological measures that control access to websites;
(g) repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Services or any aspect thereof;
(h) combine or merge any part of the Services with or into any other software or documentation, or refer to or otherwise use the Services as part of an effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Services or to compete with Identity Defense;
(i) except with Identity Defense’s prior written permission, publish any performance or benchmark tests or analysis relating to the Services;
(j) rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes, or otherwise transfer the Services or any of your rights and obligations under this Agreement; or
(k) assault, interfere, deny service in any way or form to any other network, computer or node through the Service, or attempt to gain unauthorized access to any Services, or the accounts of other users, or computer systems or networks connected to the Services or bypass any measures we may use to prevent or restrict access to the Services, or interfere with or disrupt servers or networks connected to any Services.
4.4 Open Source
The Open-Source code components that are included with the Software are redistributed by Identity Defense under the terms of the applicable Open-Source Code license for such components. Your receipt of Open-Source code components from Identity Defense under these Terms neither enlarges nor curtails your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code component. Copies of the Open-Source Code licenses for the Open-Source Code components that are included with the Software are included with or referenced in the Software’s Documentation.
You may use the Software solely to access the Services. A computer or other equipment enabled to access the Internet (a “Device”) is required to utilize the Services. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service and complies with all System Requirements. The speed and quality of the Services may vary and the Services are subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
Upon expiration or any termination of these Terms, you must stop using the Services and destroy all copies of the Software and any associated documentation in your possession.