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TERMS AND CONDITIONS THESE ARE THE TERMS OF OUR AGREEMENT BETWEEN US AND YOU. BY ACCEPTING SHIELDSAFE'S SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS. This Terms and Conditions Agreement ("Agreement") identifies the service that you will receive from ShieldSafe and its subsidiaries ("ShieldSafe") and what ShieldSafe expects from you. These terms and conditions apply to your purchase of any service offered by ShieldSafe. You can not subscribe or continue to use ShieldSafe's service if you do not agree to our terms and conditions. 1. Description of ShieldSafe's Service ("Service"): A. Request that Equifax, Experian and TransUnion, or any other credit bureau as may become known to us, 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 that will be provided by you. While you are our client, 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. We will also 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. We will also request that your name be removed from junk-mail lists by using the opt-out options established by the Direct Marketing Association; D. We will also order, upon enrollment and once a year thereafter, your free annual credit reports from TransUnion, Experian, and Equifax, or other credit bureau that may become known to us, as permitted by 15 U.S.C. § 1681j(a). All services that we provide can be done by you for free. The 90 day fraud alert must be done every 90 days in order for you to be completely protected. This is where we come in. We do this for you every 90 days so that you don't have to. Remember, you can do your taxes for free or pay a professional to do it for you. 2. Our Service Guarantee: A. If someone accesses your personal identifying information while you are a client and subsequently uses it without your authorization to commit a fraud, due to a failure or defect in our Service, and you have complied with this Agreement, subject to the terms herein, we will pay professionals to assist in restoring and fixing any and all credit issues up to a maximum of $1 million per lifetime for all incident in the aggregate. This does not include any cases of skimming in which contact is not made to the credit bureau's to obtain credit based on your personal identification information. B. You must be truthful with us and you must tell us of the use of your personal identifying information without your authorization to commit a fraud within 30 days of first learning of it. You agree to cooperate with those we hire to help you. C. If you need professional assistance to help remediate damages caused by the failure or defect in our Service, 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. Any such professionals, if required or applicable, will be licensed in the jurisdiction where your particular matter resides. D. We will cure any failure or defect in our Service, resulting in damages you incur, subject to the terms of this Agreement as follows: 1. If the amount involved is over $500, we reserve the right to investigate the Service Guarantee request in order to determine whether the request is valid before we do anything else. We will perform our investigation as promptly as we can. If our investigation shows that a reasonable person would conclude that your personal identifying information was used without your authorization to commit a fraud while you were our client and you have complied with all this Agreement, we will perform as described herein. E. If further investigation reveals that you intentionally misrepresented damages or committed a fraud related crime and misrepresented that you were our client 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. F. Similarly, should we decline your Service Guarantee request following our investigation and that decision subsequently is determined to have been wrong, we will honor our Service Guarantee. Our Service Guarantee is as follows: OUR SERVICE GUARANTEE IS LIMITED AND WE WILL PAY UP TO $1,000,000 TO FIX THE FAILURE OR DEFECT IN OUR SERVICE, PER CLIENT, PER LIFETIME FOR ALL INCIDENTS IN THE AGGREGATE, REGARDLESS OF CIRCUMSTANCE. WE WILL NOT MAKE PAYMENTS TO YOU FOR ANY LOSS (monetary or otherwise) YOU MAY INCUR. OTHER THAN OUR SERVICE GUARANTEE, AND EXCEPT AS OTHERWISE SET OUT HEREIN WE MAKE NO REPRESENTATION OR WARRANTY ABOUT OUR SERVICE OF ANY KIND, AND WE DISCLAIM ANY IMPLIED WARRANTIES OUTSIDE OF OUR SERVICE GUARANTEE, SUCH AS A WARRANTY OF MERCHANTABILITY OR FITNESS OF OUR SERVICE FOR ANY PARTICULAR PURPOSE. G. 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. H. Cancellation: There is no long-term contract or commitment with ShieldSafe. You can cancel at any time by emailing us at cancel@shieldsafe.com and notifying us of your intention to cancel. I. Privcacy Policy: We do not share your information to anybody except to the credit agencies in order to activate the fraud alerts. J. Information Sharing: In order to conduct our services, ShieldSafe 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 ShieldSafe may provide your information to these third parties. Therefore, you waive any and all claims against ShieldSafe for the acts and omissions of these companies with regard to the use or disclosure of such information. K. Refusal of Service: We will determine whether or not to accept you as a client 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. L. 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. M. Authorization: By accepting these terms and conditions, you expressly authorize ShieldSafe's authorized employees to: complete and execute on your behalf documents required to provide the Service; speak to parties on your behalf as required to provide the Service; and, 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 that you are executing a Limited Power of Attorney authorizing ShieldSafe's performance. N. Disclaimers and Limitation of Liability: ShieldSafe assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to ShieldSafe's web site. As noted above, and except as otherwise set out herein, 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 our Service Guarantee. ShieldSafe 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 ShieldSafe. O. Governing Law: This agreement and any Service provided hereunder will be governed by the laws of the state of Florida, without regard to any Florida laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of Florida for any dispute or litigation arising out of, or relating to, the use or purchase of any Service from ShieldSafe, and waive any objection to the laying of venue of any such litigation in Florida courts and agree not to claim that such litigation brought therein has been brought in an inconvenient forum; basically, if we have a dispute, you agree to resolve it in a Florida court. P. 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 confidential arbitration , 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. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. 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 from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will render a decision within fifteen days after the conclusion of the hearing. 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 ShieldSafe, all other expenses of arbitration 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. Q. Change of Terms: We may revise this Agreement at any time. 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 ShieldSafe and express your objection to our changes within thirty (30) days of receiving this notice, you shall be deemed a continuing use client and agree to be bound by any such revisions. R. 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 under our Service Guarantee for damages that arise prior to any termination by us of the Service Guarantee. S. Indemnification: You agree to indemnify, defend and hold ShieldSafe and any of its affiliates and all of their agents, directors, employees, information providers and licensors and licensees harmless from and against any and all liability and costs (including attorneys' fees and costs) incurred by any of these parties in connection with any claim arising out of any willful or intentional breach by you of these terms and conditions. In the event that either (a) you are the subject of claims for which you properly seek damages from us under these terms and conditions, or (b) we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims in clause (a) and at your expense in the case of claims in clause (b), to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent. T. Trademarks, Copyrights and Restrictions: ShieldSafe and the ShieldSafe are trademarks of ShieldCorp, Inc. Everything you see in any promotional materials is copyrighted by ShieldCorp, Inc. 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 ShieldSafe. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any ShieldSafe information without the express, written consent of ShieldCorp, Inc. U. CREDIT REPAIR AND INSURANCE: SHIELDSAFE IS NOT A CREDIT REPAIR ORGANIZATION. SHIELDSAFE CANNOT IMPROVE YOUR CREDIT HISTORY OR CREDIT RATING. SHIELDSAFE 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 DEFINITION OF OUR SERVICE GUARANTEE. ShieldSafe is neither an insurance company nor an agent for any insurance company and does not sell, solicit or negotiate insurance. V. 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 ShieldSafe. 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. No method of transmission over the Internet, or method of storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. W. 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 ShieldSafe will be true, accurate, and current. YOU ARE OBLIGATED TO CONTACT SHIELDSAFE CLIENT SERVICES IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED SHIELDSAFE 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 ShieldSafe 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. Refund Policy: You agree to pay us the fee we publish for our Service, less any discounts to which you may be entitled. If you wish to cancel you must do so via email at cancel@shieldsafe.com and thirty (30) days prior to your expiration. You will receive a refund for any unused monthly portion of your membership. X. Agreement Assent: YOU AND SHIELDSAFE 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. Y. You may withdraw your acceptance of this agreement at any time by notifying ShieldSafe Client Services in writing. Upon notification of your withdrawal of acceptance, ShieldSafe will cancel your service. Z. Acknowledgment: The Agreement, including all documents referred to herein, represents the entire understanding between you and ShieldSafe regarding your relationship with ShieldSafe and supersedes any prior statements or representations. When using or purchasing the ShieldSafe Service, you agree to be bound by these terms and conditions. |
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10 million victims have been victimized by Identity Theft with estimated losses exceeding $50 billion dollars. (Source: Federal Bureau of Investigation) |
ShieldSafe - The Identity Theft Protection used by Law Enforcement Officers across the United States. Prevent your identity from being stolen by using the solution created and implemented by law enforcement officers with over 30 years of law enforcement experience. |