Terms and Conditions

This document is the binding agreement between SecurID ("Provider") and you, referred to as the "Customer." Please take a few moments to read these terms and conditions. By indicating your consent, you are acknowledging that you have read, understand and agree to these terms and conditions. This agreement ("Agreement") identifies what you can expect from Provider, and what Provider can expect from you. These terms and conditions apply to your purchase of any service offered by Provider. If you do not agree to these terms and conditions, then there will be no agreement; you will not be permitted to subscribe to Provider’s services, or to continue using the services. The Agreement is as follows:

1. DESCRIPTION OF THE SERVICE TO BE PROVIDED ("SERVICE")
Provider will, itself or through a third party provider with which Provider will contract:
(a) Request that Equifax, Experian and TransUnion, or other credit bureaus as may become appropriate, place fraud alerts on your consumer reports to the extent permitted by 15 U.S.C. § 1681c-1. Your fraud alert will include up to two telephone numbers provided by you. While you are a Customer, we will attempt to renew these alerts as often as required to keep them active until such time that you notify us that you no longer have a good faith suspicion that you have been or are about to become a victim of fraud or related crime, including identity theft;
(b) Request, to the extent permitted by 15 U.S.C. § 1681b(e), that your name be removed from pre-approved credit card mailing lists;
(c) Request that your name be removed from junk-mail lists by using the opt-out options established by the Direct Marketing Association;
(d) Order, upon your enrollment and once a year thereafter, your free annual credit reports from TransUnion, Experian, and Equifax, or other credit bureau as may become appropriate, as permitted by 15 U.S.C. § 1681j(a). (e) Annually prepare a request to the Social Security Administration for a copy of your Social Security Earnings Report. This request will be forwarded to you, who will then be responsible for its submission to the Social Security Administration.

2. In the event that you are the victim of identity theft while you are a current subscriber in good standing, and someone uses your identity to commit a fraud or theft, we will do the following:
(a) If the identity theft is the result of our failure to perform the activities identified in Paragraph 1 above, then we will be responsible for any unreimbursed losses that you have, up to a maximum of $100,000. However, you will assign to us the right to pursue recovery of those monies from the people responsible, and you will cooperate with us in efforts to work with any creditors, credit card companies, or others who pursue you for such fraudulent debt to make sure that you are not actually charged for such amounts.
(b) If you are our Customer when someone accesses your personal identifying information and subsequently uses it without your authorization to commit a fraud, whether or not it is due to a failure or defect in our Service, and you have complied with this Agreement, we will provide professionals and others to assist in necessary measures or procedures to demonstrate to creditors, vendors and authorities that identify theft has occurred. We will arrange for, and cover the expense of, that assistance to be provided to you through persons or firms we select; we will not reimburse fees of professionals or other service providers unless we choose those providers for your particular matter.
(c) Irrespective of whether you suffer any loss, we will provide you with the professionals, information and services needed to take the measures necessary and appropriate to remedy the identity theft problems. This would include the professional assistance needed, such as an attorney or credit counselor, communications with vendors, credit card companies or other creditors involved.

3. For you to receive the assistance and services identified in Paragraph 2 above, you must do the following:
(a) You must be a current subscriber in good standing with your account payments current at the time of the event.
(b) You must be truthful with us and must tell us as soon as you learn of any unauthorized or fraudulent use of your identity, credit cards or credit, or any actions in that regard without your authorization, within 30 days of first learning of it.
(c) You must cooperate with us and with any professionals or others that we retain to address the problem.
(d) You must assign to us any right you have to be reimbursed for expenses or claims that we take care of, and must cooperate with us in pursuing recovery of those amounts.
(e) You must not have authorized the use of your identity or credit by the person that misused your identity or credit. If we find that you misrepresented damages or misrepresented that you had provided authorization or permission for someone to use your identity, then you agree to pay us back on demand any amount we have paid in connection with your claim, including any costs we incur to collect reimbursement or monies.

4. If we find that you misrepresented damages or misrepresented that you were our Customer when your information was misused, you agree to pay us back upon demand any amount we have paid in connection with your claim, including any costs we incur to collect the money from you. Being found guilty of a crime related to the loss which you attributed to identity theft is sufficient evidence to conclude that we are entitled to recover all amounts paid on your behalf as described above, but it is not the only basis upon which we may so conclude.

5. Renewal: Your account will be automatically renewed for one month or one year, depending on the term you initially select, on the anniversary date of your enrollment. Pricing may change from time to time, and you will be notified in writing of any changes in pricing.

6. Cancellation: There is no long-term commitment with Provider. You can cancel at any time by calling us at 1-866-537-5136 and notifying us of your intention to cancel. If you are an annual subscriber, we will refund any unused amount on a prorated basis.

7. Privacy Policy: We respect your privacy. Please go to www.securid.us to review our Privacy Policy, the terms and conditions of which are incorporated into this Agreement. If you do not have access to the website location, please inform us so that we may provide you a hardcopy. You agree to accept the terms of the Privacy Policy as a condition of acceptance of this Agreement.

8. Information Sharing: In order to fulfill our services, Provider must provide your personal identifying information with third parties including, but not limited to: TransUnion, Experian and Equifax, or other credit bureau as may become appropriate. You agree that Provider may provide your information to these third parties. Therefore, you waive any and all claims against Provider for the acts and omissions of these companies with regard to the use or disclosure of such information. However, Provider will assist you with any problems that arise from any misuse of your information, whether or not attributable to acts of such third parties, as set forth in Paragraph 2(b) and (c) of this Agreement.

9. Refusal of Service: We will determine whether or not to accept you as a Customer and provide to you the Service, and we may refuse to provide to you our Service for any reason. These reasons include, but are not limited to, credit review, the unavailability of the Service, and errors in the prices and descriptions pertaining to the Service.

10. Payment Terms/Taxes: Payment for the Service may be made by bank cards or other mutually agreed upon payment instrument. You are personally responsible for any applicable state and/or federal sales or other taxes that may be associated with the purchase of our Service.

11. Authorization: By accepting these terms and conditions, you expressly authorize Provider's authorized employees to complete and execute on your behalf documents required to provide the Service to speak to parties on your behalf as required to provide the Service, and to act as your personal representative under 15 U.S.C. § 1681c-1, under which consumers or their authorized representatives have the right to obtain fraud alerts. In addition, in the event of, and as a condition to, you exercising your right to our Service Guarantee, you agree to execute a Limited Power of Attorney authorizing Provider's performance. Consistent with this Agreement, when you invoke our Service Guarantee, Provider shall promptly provide you such Limited Power of Attorney document and shall begin such assistance after we receive your executed Limited Power of Attorney authorizing our assistance.

12. Disclaimers and Limitation of Liability: Provider assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to Provider's web site. You agree that we will not be liable for any special, incidental, indirect or consequential damages of any kind, nor any damages whatsoever, other than as set forth in Paragraph 2 of this Agreement. Provider will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, or any other similar event beyond the reasonable commercial control of Provider.

13. Governing Law: This agreement and any Service provided hereunder will be governed by the laws of the state of California, and, where applicable, by the federal laws of the United States. Subject to Paragraph 14 (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of California for any dispute or litigation arising out of, or relating to, the use or purchase of any Service from Provider, and waive any objection to venue of any such litigation in Orange County, California.

14. Arbitration: Both you and we agree that any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service shall be settled by arbitration to be held in Orange County, California, in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect, or before a retired Judge at JAMS or Judicate West, in accordance with that organization’s rules. The arbitrator may grant injunctions or other relief in such dispute or controversy. In the event that the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA, or any other arbitration service provider in accordance with its rules, from its list of commercial arbitrators. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any state or federal court. Although the cost of the arbitrator will be borne by Provider, all other expenses of arbitration, including attorneys fees, will be paid by the party who incurred them. These expenses are not part of our Service Guarantee. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service, you also agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.

15. Change of Terms: We may revise this Agreement at any time, including changes in pricing. However, we may not make any changes retroactive. We will notify you of any changes at the e-mail address or mailing address associated with your account. If you do not contact Provider and express your objection to our changes within thirty (30) days of receiving this notice, you shall be deemed a continuing use Customer and agree to be bound by any such revisions. If you fail to comply with any of these terms and conditions, we may at any time terminate your rights under this Agreement at our sole discretion and without prior notice. However, we may not void our responsibilities for damages that arise prior to any termination by us.

16. Trademarks, Copyrights and Restrictions: Provider and the Provider logo are trademarks of Provider. Everything you see in any promotional materials is copyrighted by Provider unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All promotional materials are protected by copyrights, which are owned or licensed by Provider. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Provider information without the express, written consent of Provider.

17. Credit Repair and Insurance: Provider is not a credit repair organization. Provider cannot improve your credit history or credit rating. Provider will not provide you with advice or assistance in improving your credit history or credit rating; rather, we will hire professionals to assist you. Please see Section 2 of this Agreement for the description of our Service.

Provider is neither an insurance company nor an agent for any insurance company and does not sell, solicit or negotiate insurance.

18. Miscellaneous: These terms and conditions may not be altered, supplemented, or amended by you by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for the Service which is subject to additional or altered terms and conditions will be null and void, unless agreed to in writing and signed by you and Provider. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference will be derived therefrom. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision.

19. Description of your obligations: You agree that you are only providing your own personal information and not the information of any other individual. You agree that the information you provide during the registration process and any subsequent information you provide to Provider will be true, accurate, and current. YOU ARE OBLIGATED TO CONTACT PROVIDER CLIENT SERVICES IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED PROVIDER HAS CHANGED. In addition, you agree that you will not purposely engage in behavior that will put your personal information at unnecessary risk, such as leaving your PIN or passwords in obvious places or publishing your Social Security Number. You additionally agree that you have a good faith suspicion that you have been or are about to become a victim of fraud or related crime, including identity theft, that you want to obtain fraud alerts under 15 U.S.C. § 1681c-1, and that you will notify Provider immediately if and when you no longer have such a good faith suspicion. You agree to comply with all applicable laws and regulations and that you are buying the Service for your own use only. You agree that you are eighteen (18) years of age or older.

You agree to pay us the fee we publish for our Service, less any discounts to which you may be entitled.

20. Agreement Assent: YOU AND PROVIDER HAVE ENTERED INTO THIS AGREEMENT, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR VIA PHYSICAL COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THE AGREEMENT. IN THE FUTURE, YOU AGREE TO BE BOUND TO THESE SPECIFIC TERMS AND CONDITIONS OF SALES, AND MODIFICATIONS TO THIS AGREEMENT, BY CONTINUING TO USE OUR SERVICE AFTER WE HAVE NOTIFIED YOU OF THOSE TERMS AND CONDITIONS. NOTIFICATIONS, OR ANY OTHER COMMUNICATIONS, INCLUDING BILLING, PAYMENT, AND/OR DISCLOSURES WILL BE MADE VIA THE MAIL, TELEPHONE, OR EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. THIS AGREEMENT MAY BE PRINTED OR RETAINED BY YOU FOR FUTURE REFERENCE.

21. You may withdraw your acceptance of this agreement at any time by notifying Provider Customer Services in writing. Upon notification of your withdrawal of acceptance, Provider will cancel your service.

22. Acknowledgment: The Agreement, including all documents referred to herein, represents the entire understanding between you and Provider regarding your relationship with Provider and supersedes any prior statements or representations. When using or purchasing the Provider Service, you agree to be bound by these terms and conditions.