Terms & Conditions
Terms and conditions for services
This “Agreement” sets forth the terms and conditions under which InfoArmor® (“we,” “us,” or “our”) will provide identity and privacy protection services (the “Products”) to its customers (“you” or “your”).
Terms and conditions applicable to all Products are stated under the “Terms and Conditions Applicable to all InfoArmor Products” heading.
By checking the box next to “By checking this box I acknowledge that I have read and accepted the terms and conditions between myself and InfoArmor” you are affixing your electronic signature to the Terms and Conditions for each of the Products for which you have subscribed. If you do not unconditionally agree to this Agreement do not check the box.
Terms and conditions applicable to privacy selections
PrivacyArmor® allows you to manage preferences related to the receipt of unsolicited mail, telemarketing calls and preapproved credit applications by offering:
A. Direct Mail Reduction. Reduce unsolicited commercial mail you receive, typically within 90 days, by having us place your name on “do not mail” lists managed by direct marketers;
B. Opt Out of Credit and Insurance Offers. Stop prescreened offers for credit and insurance by having us notify consumer reporting agencies of your opt out election.
C. Do Not Call Registration. Reduce telemarketing calls by having us add your name to the National Do Not Call Registry. This will not prevent calls from political candidates or from charitable organizations seeking donations.
You may make or change these privacy preferences during enrollment, via your online account at www.myprivacyarmor.com or by calling us at (800) 789-2720.
Instruction to Provide Information to Do Not Contact Lists. You hereby instruct and direct us to:
A. Submit your name, address, and other information required by direct marketers to be added to their “do not mail” lists;
B. Submit your name, address, and other information required by the consumer reporting agencies to be added to their system for opting out of pre-approved credit and insurance offers;
C. Submit your telephone number and email address to the National Do Not Call Registry (the “Registry”) to include your telephone number in the Registry. Your phone number will not be added to the Registry unless and until you click on a link in the Opt Out Confirmation email from email@example.com.
You also give us permission to contact the Registry to verify that you have responded to the Opt Out Confirmation and notify you if the Registry did not receive your response to the Opt Out Confirmation. If requested by the owner/operator of a do not call or do not mail list, the Federal Trade Commission, or any other governmental agency, you also authorize us to provide a copy of this Agreement, showing your electronic signature (see the Consent to Electronic Delivery section below), to confirm to the requester that you have permitted us to add your contact information to these lists on your behalf.
Terms and conditions applicable to all InfoArmor products
A. Consent to Electronic Delivery of this Agreement and Subsequent Disclosures. When you affix your electronic signature to this Agreement, that action will signify your agreement and that this Agreement and the Subsequent Disclosures constitute electronic records under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sections 7001 and following). You further agree that your electronic signature constitutes your consent to accept this Agreement and receive the Subsequent Disclosures in electronic form. “Subsequent Disclosures” means disclosures or information which we are required or permitted to send to you under applicable law and/or this Agreement.
We may provide Subsequent Disclosures to you by making them available on a secure web site (the “Disclosure Delivery Location”) or otherwise notifying you. Subsequent Disclosures will be available for your review for not less than 90 days after making them available on our secure web site. We may choose to email these to your email address. “Email Address” means the email address you give to us when you accept this Agreement.
To assure your continued receipt of Email Notifications, you must notify us each time you change your Email address. If (a) you withdraw your consent to receive Subsequent Disclosures by notifying us (the notification shall be effective when actually received by us), (b) an Email Notification sent to your Email Address is returned as undeliverable, or (c) we are unable to verify that you have opened an Email Notification sent to your Email Address within 10 of days of delivery, we will send Subsequent Disclosures in printed form to the most current address we have for you in our records. At any time, you may ask us to provide you with a paper copy of this Agreement and any Subsequent Disclosures by contacting us at (800) 789-2720.
B. Modification of this Agreement and Additional Agreements. We reserve the right to change the terms of this Agreement by posting a new version on this Site or by otherwise notifying you of the revised Agreement. By using this Site, you agree to be bound by this Agreement that is in force during such use.
If you ask us to restore your identity on your behalf, we may need to send you a package of documents (the “Additional Agreements”) which you will need to sign and return to us before we can take action. There will be no extra charge for these services; however, if any of the Additional Agreements must be notarized, you agree to pay all notary fees, as well as postage, photocopies or any additional miscellaneous costs with the Additional Agreements. We reserve the right to change, modify, expand, discontinue, or retire any features of any Product at any time.
C. Your Responsibilities. When you affix your electronic signature to this Agreement, that means you: (a) will be obligated to abide by all terms and conditions set forth in this Agreement; (b) are a minimum of eighteen years of age; (c) understand that if we determine, in our sole discretion, that you knowingly and willfully committed fraud, we may refuse to allow you to subscribe to Products; (d) agree to inform us of any breach or misuse of your Confidential Information within 30 days of each incident; (e) understand that your subscription for use of the Products will automatically renew at the end of your subscription period and will be charged via the Appropriate Payment Method until you contact us to cancel your subscription as described below; and (g) are responsible for maintaining the security and confidentiality of your username and password used for account access. Failure to comply with these requirements shall constitute a breach of this Agreement.
D. Product Enrollment. You agree to provide valid, accurate and current personal information during registration. You may enroll yourself or you may use an authorized third party to enroll you by having such authorized third party provide us your information on your behalf, together with documentation or other evidence acceptable to us that such third party is authorized to provide such information on your behalf. You may enroll minor children and/or dependents in our Family Product if you are their parent or legal guardian. By enrolling minor children and/or dependents, you acknowledge that these terms and conditions apply to them and that you accept these conditions on their behalf. You may also enroll a spouse or domestic partner in our Family Product if you have their express permission to do so and they have reviewed and accepted these terms and conditions.
You agree to keep all required personal information regarding yourself, or any children or other dependent whom you have enrolled, accurate and current. If we do not receive all required personal information during enrollment, you agree that we may, at our discretion, use our affiliates and/or publicly available records to append required information. If we are unable to append some or all required information, the use of some or all of Product’s services may be limited.
E. Shared Family Access. Our Family Plan provides a portal that enables you and authorized family members to access and manage the Products from one account. By creating a family account, you grant account access to all authorized family members to view your alerts, reports and scores. If you or other family members do not want shared family access, you or such family members may contact our customer service department to have one or more separate accounts created.
F. Billing and Payment Terms. The total fee for all Products to which you subscribe (the “Product Fee”, whether you subscribe to one or more Products) will be automatically charged to your bank credit card or through another automated payment method acceptable to us on each Payment Date (an “Appropriate Payment Method”). “Payment Date” means the date on which you subscribe to a Product and each monthly or annual anniversary of such date. For example, if you subscribe to a Product on March 5, the Payment Date will be the 5th day of each month for a monthly subscription or March 5th of the following year for an annual subscription.
G. Refusal of Subscription. We reserve the right to reject your subscription for Products for any reason such as: (a) unavailability of a service in the state where you reside, (b) your credit history, (c) inability to provide an Appropriate Payment Method (as defined in Billing and Payment Terms section above), or (d) you attempt to subscribe to PrivacyArmor and/or CreditArmor and we have previously paid claims to you or on your behalf equal to the Coverage Cap (as defined in Identity Fraud Expense Coverage).
H. Renewal of Product Subscriptions. Your subscription to Products will be automatically renewed on each Payment Date until such time as either you or we cancel the subscription to that Product.
I. Cancellation of Product Subscriptions. If you enrolled directly with us, you may cancel your subscription for any or all Products at any time by calling us at (800) 789-2720. Cancellation will be effective immediately. If you prepaid for more than one month of service you will receive a pro rata refund upon cancellation. If you enrolled via an authorized third party (e.g. your employer during benefits selection), cancellation of your subscription for any or all Products should be requested through that third party (e.g. your employer’s human resources department). Your cancellation will be effective when the authorized third party notifies us.
J. Credit Repair. We are not a credit repair organization, or similarly regulated organization under applicable laws, and do not provide any form of credit repair advice. We may offer you access to your credit report and other credit-related information, but we do not offer products, advice, counseling or assistance for the express or implied purpose of improving your credit. You acknowledge that no one, including InfoArmor, can legally remove accurate and timely negative information from a credit report.
K. Credit Reports. You understand and agree that pursuant to the Fair Credit Reporting Act, you are entitled to obtain copies of annual credit reports, for yourself and for minor children for whom you are the parent or legal guardian, without charge. You also understand and agree that your decision to pay any required payments for the Products under this Agreement has been made by you as a convenience, and is not legally required.
L. Transaction Monitoring Limitations. We cannot guarantee that the transaction monitoring features of our Products will identify all suspicious activity, or that suspicious activity will be timely identified or reported through the Products. You understand and agree that our monitoring of your personal information within our network and our use of certain proprietary technologies and database information are subject to certain limitations, and not all potentially fraudulent transactions and/or uses of your personal information may be monitored by us within the scope of our network.
M. Customer Service. We will be available to answer your questions and receive your comments or inquires via phone ((800) 789-2720) or email (firstname.lastname@example.org) Monday through Friday 7 a.m. to 5 p.m. Pacific Standard Time. If you contact us by email, we will use best efforts to respond to your message as soon as possible.
N. Identity Fraud Expense Coverage. Reimbursement for expenses incurred due to the direct result of any confirmed identity fraud commenced during the policy is outlined in the Summary Description of Benefits for the Personal Internet & Identity Coverage Master Policy. This benefit is underwritten and administered by insurance company subsidiaries or affiliates of American International Group, Inc. Please refer to the actual policies for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions.
P. Linking Policy. In order to provide the Products to you, we use third parties. We have established Internet links from our web site to select news media outlets, the Federal Trade Commission, and other industry web sites. The linked sites are not under our control and we are not responsible for their content. Such links do not imply our endorsement or guarantee of the products, information, or recommendations provided by such sites. In addition, these third party web sites may have privacy policies that are different than ours and may provide you less security for your Confidential Information than we do. If you access any third party web site, you do so at your own risk. We disclaim all liability with regard to your access to such linked web sites.
Q. Intellectual Property Notice. We retain all rights, title, and interest in and to our Products as well as our trademarks, copyrights, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Products, including, but not limited to, InfoArmor®, the InfoArmor logo, PrivacyArmor™, Privacy Advocate™ and SNAPD™ (the “Marks and Copyrights”). All promotional materials, advertising, web sites, and any other Company marketing venues are protected by various intellectual property laws, including, but not limited to, copyright, and trademark laws. Without our prior written consent, any use of our Marks and Copyrights is strictly prohibited.
R. Liability Limitations. We are not responsible for the accuracy, completeness, and/or validity of any products, services or solutions provided to us by third parties such as consumer reporting agencies, or for incorrect information that you provide to us, such as incorrect or outdated contact information. In addition, we are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest, or other damages, whether direct, indirect, special, punitive, incidental, or consequential, (collectively, “Losses”) caused by your use of, or reliance upon, the Products. Without limiting the foregoing, neither we nor our suppliers shall be liable for any: (a) failure to perform or any Losses arising out of an event or condition beyond our reasonable control, including, but not limited to, any of the events described in the Force Majeure section below; or (b) the loss, confidentiality, or security of any data while in transit via the Internet, communication lines, postal system, ACH network or other means of communication.
If you subscribe to any Product, you do so at your initiative and are solely responsible for compliance with applicable laws relating to the use of such Product. Neither we nor our licensors, service providers or suppliers warrant the adequacy, accuracy, or completeness of any information provided as a part of your subscription to one or more Products or contained in any third party sites linked to or from our web site. With the exception of our express written warranties for the Products, we disclaim any express or implied warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, or error-free operation.
You acknowledge and agree that you have not relied on any statement, representation, warranty, or agreement of ours or any other person purporting to act on our behalf, including any representations, warranties, or agreements arising from our website, any promotional materials, any statute, or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement.
S. Indemnification. You agree to use the Products only for the purposes stated in, and in compliance with, this Agreement. You will indemnify and hold us harmless for, from and against all losses, damages, claims, amounts paid in settlement of claims, costs and expenses, (including reasonable attorneys’ and consultants’ fees and expenses), interest, awards, judgments, fines, penalties and other liabilities made by or owing to any third party due to your violation of this Agreement, or your violation of any law, regulation, or third party rights in connection with your use of any of the Products.
T. Governing Law. This Agreement is governed by and will at all times be construed, interpreted, and enforced in accordance with applicable federal law and, to the extent state law applies, the laws of Arizona, without regard to conflict of law’s provisions.
U. Export Regulation. The Products, including any software, documentation and any related technical data included with, or contained in, such Products, and any products utilizing any such Products, software, documentation or technical data (collectively, “Regulated Products”) may be subject to US export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations. You will not, and you will not permit any third parties to, directly or indirectly, export, re-export or release any Regulated Products to any jurisdiction or country to which, or any party to whom, the export, re-export or release of any Regulated Products is prohibited by applicable federal law, regulation or rule.
V. Arbitration. Any claim or controversy arising out of or relating to your use of the Products or to any acts or omissions for which you contend we are liable, including, but not limited to, whether a particular claim or controversy is subject to this Section (“Dispute”), shall be finally, and exclusively, settled by arbitration held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be conducted in Phoenix, Arizona. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall have the power to award no more than the prevailing party’s actual, compensatory damages in connection with any Dispute, and may not award damages in excess of actual, compensatory damages, such as by multiplying actual damages or by awarding consequential, punitive, or exemplary damages (collectively, “Enhanced Damages”), and both you and we irrevocably waive any claim to Enhanced Damages, except where such a waiver would explicitly violate the law of the state in which you live at the time a Dispute arises. This section, regarding Arbitration, shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any party other than you or us, regardless of the nature of the issues or disputes involved. Any judgment upon the award rendered by the arbitrator may be entered in any court which has jurisdiction over the non-prevailing party. By agreeing to the foregoing arbitration terms, you waive your right to go to court to assert or defend your rights. You also waive your right to participate in or bring class actions. If any of the foregoing provisions is determined by a court or arbitrator to be inapplicable or unenforceable with respect to a Dispute, you and we agree that, subject to the foregoing arbitration provisions, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Maricopa County, Arizona. If either you or we employ attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees and expenses.
W. Force Majeure. Neither you nor we shall be liable for any loss nor damage due to causes beyond your or our control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of terrorism, acts of civil or military authorities, acts of others in violation of applicable law, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond your or our control. Either you or we may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than 30 days due to the reasons set forth in this Cancellation section above.
X. Assignment. We may assign any or all of our rights and/or delegate all or any of our obligations under this Agreement to any third party without your consent. You may not assign your rights or delegate your obligations under this Agreement to anyone without our prior written consent, which we may give or withhold in our sole discretion.
Y. Integration. This Agreement constitutes the entire understanding between you and us with respect to the subject matter of this Agreement, and all prior agreements, understandings, and representations concerning such subject matter are hereby made null and void in their entirety. This Agreement shall not affect any other agreement between you and us which sets forth terms and conditions applicable to subject matter other than the Products.
Z. Waiver. We shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of our rights under this Agreement. No waiver by us of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
AA. Effect of Invalidity. If any provision of this Agreement is held to be invalid, the remaining provisions will remain valid and enforceable.
BB. Acceptance of Agreement. Payment of the Product Fee on each Payment Date constitutes your continued acceptance of this Agreement, including the Arbitration section.
CC. Contact Information. Information or notices by any of the following methods will be effective when we receive them. You may contact us using any of the following means:
• InfoArmor, Inc. Client Services, 7001 N. Scottsdale Road, Suite 2020, Scottsdale, AZ 85253
• (800) 789-2720