These terms ("Terms" or "Agreement") shall constitute the agreement between Trilegiant Corporation ("we," "us," or "Trilegiant"), providing a service called Identity Protect Plus, and you ("You"), the end user of this service. Identity Protect Plus, together with any and all other services or products offered hereunder, shall be referred to as "IPP." By enrolling in IPP, You agree to be bound by these Terms.
1. SERVICE - (a) Trilegiant, together with Trilegiant Insurance Services, Inc. ("TIS"), shall provide the IPP service through Alliance Marketing Association ("AMA"). By enrolling in the IPP service, You are automatically admitted as a member of AMA. IPP will enable You to access a copy of your credit report comprised of information from the three major credit reporting agencies1;forms and toll-free phone numbers to assist You in answering credit report-related questions; Credit Alert® daily monitoring from all three major credit reporting agencies2; a copy of your CreditXpert® Credit Scores3; monitoring of your Social Security Number in credit header and public data sources4; monitoring of your children's Social Security Number in credit header and pre-credit data sources5; daily monitoring of Internet chat rooms for your Social Security Number and up to ten of your credit or debit cards registered with the IPP service6; credit card registration; important document registration; a lost/stolen credit card reporting service7. As a member of IPP, You will also receive access to an identity fraud support service; identity theft insurance8; and toll-free phone numbers to assist You in answering product and resolution-related questions.
(b) Trilegiant reserves the right to change or modify the terms and conditions of this Agreement and IPP at any time without notice, and You agree to comply with such changes or modifications. Trilegiant may cancel this Agreement upon written notice and refund to You the current term's membership fee unless the reason for such cancellation is your failure to pay or your misuse of the IPP service.
(c) Any or all of the IPP benefits are provided by third parties ("Subcontractors"), unaffiliated with us, whose respective terms and conditions will govern to the extent they are not inconsistent with these Terms.
(d) Reimbursement requests with respect to the IPP product are considered based solely upon written materials received from You. All invoices, receipts, and other documentation must be in writing and are subject to verification.
2. WHO MAY USE; RESTRICTIONS ON USE - (a) The IPP service is non-transferable. Accordingly, You agree that You will use IPP only for your own behalf (other than the monitoring of your children's Social Security Number in credit header and pre-credit data sources as described above) and that You will be the end user of the information provided by IPP. You further acknowledge and agree that You shall use IPP solely for the purpose of obtaining a report on your own credit file and public records (other than the monitoring of your children's Social Security Number in credit header and pre-credit data sources as described above) as described herein according to the terms and conditions of this Agreement. Without limiting the foregoing, You agree not to use IPP for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et. seq.) or similar state statute. You acknowledge that this Agreement grants You a limited license in exchange for payment of the fees and charges for IPP, and You shall not reproduce, retransmit, republish or otherwise transfer for commercial purpose any information that You receive from IPP. You agree to limit use and dissemination of information from IPP solely to the uses set forth herein. In order to access the information, You will be provided your own membership number. You will be responsible for all use of your membership number and must notify us immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. The IPP service may not be used for business or commercial purposes. You acknowledge and understand that Trilegiant will only allow You to access IPP if You meet and continue to meet the standards described herein.
(b) You understand that by enrolling in the IPP service, You are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for Trilegiant and its service providers, which may include ConsumerInfo.com, Inc. ("CIC"), to obtain information from your personal credit profile from Experian, Equifax, and TransUnion, the three major credit reporting agencies. You authorize Trilegiant and its service providers to use your Social Security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products.
3. LIABILITY - YOU ACCEPT ALL INFORMATION RECEIVED THROUGH IPP "AS IS." NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF YOUR PERSONAL CREDIT REPORT, CREDIT SCORE, OR CREDIT ALERT REPORT, IN PROVIDING YOU WITH YOUR MONITORING ALERT REPORTS OR FOR ANY DEFECTIVE PRODUCTS PROVIDED TO YOU IN CONNECTION WITH THE IPP SERVICE. NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY, COMPLETENESS, CORRECTNESS, CURRENTNESS, MERCHANT ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF IPP OR THE COMPONENTS THERE OF, INCLUDING, WITHOUT LIMITATION, THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE IPP SERVICE. NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE IPP SERVICE OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE IPP SERVICE. NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE IPP SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID TRILEGIANT FOR YOUR MEMBERSHIP. IPP IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION OR EXPIRATION OF THIS AGREEMENT.
4. GOVERNING LAW - This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
5. ARBITRATION - You, on the one hand, and Trilegiant and/or CIC, on the other, agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims by You against Trilegiant or CIC as well as their respective corporate affiliates. You agree that, by entering into this Agreement, You, Trilegiant and CIC are each waiving the right to a trial by jury or to participate in a class action. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for your arbitration fees and costs in excess of $125. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. YOU, ON THE ONE HAND, AND TRILEGIANT AND/OR CIC, ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Trilegiant agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. If the specific provision in the preceding sentence is found to be unenforceable then the entirety of this arbitration provision in this Section 5 shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 5 shall survive any termination, cancellation or expiration of this Agreement.
6. MEMBERSHIP FEE - For your convenience, at the end of your 30-day trial period, the monthly fee will be automatically billed to your credit or debit card account (or to the related checking account) (designated the billing source), selected at the time of enrollment, unless You call to cancel during your trial.
7. RENEWALS - Unless You notify Trilegiant that You do not wish to renew your membership, we will automatically renew your membership at the end of each month and bill the renewal fee to your designated billing source. You will be notified of any price increase and may cancel your membership if you do not want to continue to be billed at the new price.
8. RIGHT TO CANCEL MEMBERSHIP - (a) You have the right to terminate this Agreement at any time. You may cancel this Agreement by calling 1-866-623-5662, writing to Identity Protect Plus, P.O. Box 41249, Nashville, TN 37204-1249, Attention: Membership Department, email firstname.lastname@example.org or click the cancel link on the My Account page. Cancel this Agreement during your 30-day trial, and you will owe nothing more; at any time thereafter You will owe nothing further. You will remain liable for any other fees or charges to be paid pursuant to this Agreement. (b) The insurance coverage that is included within this membership requires that the membership fee be paid when due. If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Agreement in which event You will no longer have access to any of the IPP benefits, including your insurance benefits. If terminated, no further insurance coverage will be provided to You. In addition to Trilegiant's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the IPP benefits, including your insurance benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
9. AGREEMENT ENTIRETY - This Agreement, as may be amended from time to time, sets forth the entire understanding and agreement between Trilegiant and You regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or representations.
1Trilegiant Corporation, Trilegiant Insurance Services, Inc., Alliance Marketing Association and their credit information subcontractors shall not have any liability for the accuracy of the information contained in the credit reports, credit score, Credit Alert® reports, or other reports which you receive in connection with the Identity Protection Plus service, including any liability for damages, direct or indirect, consequential or incidental.
2Daily monitoring will notify you of certain new inquiries and derogatory information, accounts, public records, or change of address that have been added to your credit reports as reported by one of the major credit reporting agencies. If no information has been added or changed, then you will receive a quarterly notification stating that no information has changed within your credit file.
3Your CreditXpert® Scores™ are provided by CreditXpert Inc. Although these scores are not used by lenders to evaluate your credit, they are intended to reflect common credit scoring practices and are designed to help you understand your credit. Your scores are based on information from the files at the three major credit reporting agencies. Your scores may not be identical or similar to scores You receive directly from those agencies or from other sources.
4Identity Protect Plus monitors your Social Security Number in credit headers and public data sources; however, it is impossible to ensure that all public data sources have been searched. Accordingly, the high and low risk events identified by Identity Protect Plus may not contain or apprise you of all instances in which your Social Security Number may have been compromised.
5Identity Protect Plus monitors the Social Security Number for up to ten of your children who are under the age of 18 in credit headers and pre-credit data sources; however, it is impossible to ensure that all pre-credit data sources have been searched. Accordingly, your child's monitoring alert notifications may not contain or apprise you of all instances in which your child's Social Security Number may have been compromised. Once your child turns 18, he/she will be removed from monitoring.
6Identity Protect Plus monitors your Social Security number and your credit or debit cards (up to ten cards in the aggregate) on the Internet based on a search of Internet chat rooms; however, Identity Protect Plus cannot ensure that all Internet chat rooms have been searched for your information. Accordingly, Identity Protect Plus may not be able to apprise you of all of your personal information that may have been compromised.
7Some financial institutions may require you to call them directly and will not accept notification from third parties in which case we will contact you so that you can call your financial institution directly.
8Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of American International Group, Inc., under group policy # 7077733 for non-New York State Insureds and # 1423212 for New York State Insureds. All exclusions and limitations of the master policy apply. See the Benefit Summary for details regarding such exclusions and limitations. Availability of coverage is subject to underwriting qualifications and state laws and regulations. Coverage is subject to actual policy language.
Identity Protect Plus is a service provided by Trilegiant Corporation in conjunction with Trilegiant Insurance Services, Inc. and Alliance Marketing Association. Trilegiant Insurance Services, Inc., does not receive any compensation for the sale of the identity theft insurance benefit included as part of the IdentitySecure service. The Identity Protect Plus service may be modified or improved at any time and without prior notice. Credit Alert is a registered service mark of Affinion Publishing, LLC.
© 2010, Trilegiant Corporation