Terms and Conditions of Identity Theft, Privacy Protection and Monitoring Services


PLEASE READ THIS ENTIRE AGREEMENT AS IT AFFECTS YOUR RIGHTS.

These Terms and Conditions (also referred to herein as the “Agreement”) set forth the terms and conditions under which InfoArmor, Inc. (“InfoArmor”) and NXG Strategies, LLC (“NXG Strategies” together with InfoArmor, “we,” “us,” or “our”), as applicable, will provide identity and privacy protection, as well as any other products and/or any related services (collectively, the “Services”) to you and, if applicable, your dependent family members (collectively, “you” or “your”) as registered users for any such Services.  

By utilizing the Services you form this Agreement and acknowledge that you have read and accept these Terms and Conditions of the Services. If you do not unconditionally agree to the Terms and Conditions do not proceed to utilize the Services. Utilization begins when you validate your username and establish a self-selected password to access the identity protection portal website. By accepting this Agreement, you represent that you are a natural person over 18 years of age and that your access to and use of the Services does not and will not violate any applicable law. Additionally, you represent and warrant that you are a U.S. citizen, that you have provided true, accurate and correct information including, if applicable, your valid U.S. Social Security Number, in connection with your registration, and that you will only use the Products for lawful purposes, in accordance with the terms of this Agreement and in connection with your personal accounts. 

Among other things, this Agreement contains a provision requiring the use of arbitration to resolve disputes, instead of jury trials, class actions or any other resolution process. This provision is in Article I(S) below and is entitled “Arbitration Provision and Class Action Waiver.” 

This means that, instead of suing each other in court, the parties agree to settle disputes only by arbitration. Arbitration works differently. There is no judge or jury, and review is limited but, like a court, the arbitrator can award damages and relief and must honor the limitations contained in this Agreement. 

By agreeing to arbitration, the parties understand and agree that they are waiving their rights to utilize all other available resolution processes (e.g. a court action or administrative proceeding) to settle disputes.

If you do not wish to agree to arbitration and waive your right to all other available resolution processes, you may opt out of the mandatory arbitration and class action waiver provision by notifying InfoArmor and NXG within 30 calendar days of your acceptance of this Agreement by sending a notification that includes your name, member ID, and the email address you used to register for the Services via electronic mail to infoarmorservices@infoarmor.com and info@nxgstrategies.com.

When you begin utilizing the Services that action will signify your agreement and your consent to accept this Agreement and receive 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 website, sending them via email to your Email Address or otherwise notifying you through other means selected by us. In accordance with (and subject to) our records retention policy, as updated from time to time, Subsequent Disclosures made available on a secure website will be available for your review for at least 90 days after making them available on our secure website. We may choose to email Subsequent Disclosures to your Email Address. For purposes of this Agreement, your “Email Address” means the email address you give us when you accept this Agreement, or any other email address that you subsequently give us by updating your nxg|PROTECT account registration information, and “Email Notification” means any Subsequent Disclosure that we transmit to your Email Address. To assure your continued receipt of Email Notifications, you must notify us each time you change your Email Address.

You may withdraw your consent to receive Subsequent Disclosures in electronic form by emailing us at clientservices@infoarmor.com or calling us at 1-800-357-6392 and we will send Subsequent Disclosures in printed form to the most current address that we have for you in our records. 

As noted above, please read this Agreement and keep a copy for your reference. By your acceptance of this Agreement, you agree to the above provisions, as well as the following: 

 

ARTICLE I TERMS AND CONDITIONS OF ELIGIBILITY FOR THE SERVICES 

 

A. Eligibility.  You are eligible for the Services (“Eligible Person”) based on your participation with a sponsoring organization, such as your bank, credit union, association or other entity to which you have an affinity relationship, (“Program Sponsor”) based on meeting the Program Sponsor’s eligibility requirements. Services offered through a Program Sponsor are referred to as “Sponsored Services” and are subject to the terms of a service agreement between us and your Program Sponsor (“Third-Party Agreement”).  The Sponsored Services provided to you are subject, at all times, to the terms of the Third-Party Agreement, including but not limited to, terms regarding (i) termination of such Third-Party Agreement, and (ii) modification or termination of such Sponsored Services.  For further information about the eligibility requirements for your Program Sponsor, please refer to the Summary of Benefits document found on your Program Sponsor’s nxg|PROTECT website. 

 

B.  Eligible Persons and 3G Family.  Some Services may be extended to only one Eligible Person and other Services may be extended to multiple Eligible Persons and their eligible family members (“3G Family”). If you are an Eligible Person, 3G Family is defined as you, and your spouse or domestic partner, dependents in your household up to age 25, other IRS-qualified dependents in your household, and parents living at your address, or living in hospice, assisted living, or nursing home.  This Agreement, as applicable, applies equally to 3G Family members and are incorporated into the terms “you” and “your” throughout this Agreement. To determine which part of the Services apply to you and your 3G Family refer to the Summary of Benefits document that can be found on your Program Sponsor’s nxg|PROTECT website.  

 

C.  Benefits Period.  Access to the Services begins when you first meet the Program Sponsor’s eligibility requirement, and ends when you no longer meet the Program Sponsor’s eligibility requirement or until it is terminated pursuant to the Third-Party Agreement or the terms set forth herein, whichever occurs first. This is known as the “Benefits Period.”  If you enrolled via your Program Sponsor, termination of the Sponsored Services should be requested through your Program Sponsor. Your termination will be effective when your Program Sponsor notifies us. 

 

D.  Resident Status.  The Services are only available to U.S. citizens, living in the United States or living abroad, and legal residents of the United States.  The Services are performed with agencies and institutions in the United States, or territories where U.S. law applies. If you do not have a U.S. Social Security number or United States residence address, some services may not be available to you.  

 

ARTICLE II - GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL SERVICES 

 

A. Authorization. You authorize us and our subcontractors and service providers to obtain, analyze, process and scan for your own personal information and, if applicable, the personal information of each child under the age of 18 for whom you subscribe for any Products (as described below), including, without limitation, credit and transaction information and, if  Social Media Monitoring applies, information regarding usage of and behavior on certain social networks, and to transmit this information to you for your own use. You certify that you are the parent or legal guardian of all children under the age of 18 for whom you subscribe for any Products. You specifically grant permission to us and our subcontractors and service providers to obtain your credit, transaction and social media information and the credit, transaction and social media information of your children under the age of 18 from third-party credit reporting companies and other third-party sources to verify your and such children’s identities and provide such credit, transaction and social media information to you. Information that InfoArmor collects from you will be treated in accordance with InfoArmor’s Privacy Policy, which you can find here: http://infoarmor.com/privacy-policy/, and information that NXG collects from you will be treated in accordance with NXG’s Privacy Policy, which you can find here: protectprivacy.nxgstrategies.com (together, the “Privacy Policies”).  

 

B. Services Registration. You agree to provide valid, accurate, and current personal information during registration for any Services. You understand that our ability to provide certain Services is dependent upon your provision of valid, accurate, and current information. You acknowledge and agree that you will not be able to obtain access to certain Services if you do not fully register to activate the Services or complete identity authentication. You also acknowledge and agree that we, our subcontractors, and service providers will not be responsible or liable for any acts or omissions related to or your failure to provide valid, accurate and current personal information.  You may enroll yourself or you may use an authorized third-party to enroll you by having such authorized third-party provide us with your information on your behalf, together with documentation or other evidence acceptable to us that such third party is authorized to register you and provide such information on your behalf. 

 

C.  No Cash Value.  The Services are provided as a benefit of another product or service or by otherwise meeting the eligibility requirements established by your Program Sponsor.  The Services have no cash equivalent.  There is no fee for using the Services; however, the account or service to which Your Program Sponsor’s eligibility requirement is attached may have a fee, based on the provisions of the account/service agreement that you have directly with the Program Sponsor.  

 

D.  No Fraud Alerts; Network Limitations. You understand and agree that the Services (including any of our services that may be used in connection with the Services) do not include the placing of fraud alerts with credit reporting agencies. Additionally, you understand and acknowledge that we monitor your personal information using our network, which is composed of certain proprietary technologies and databases owned by, or otherwise licensed to, us for our use, and that not all transactions, including fraudulent transactions using your personal information, may be monitored due to limitations in the scope and breadth of our network. During the term of your use of the Services, our network and its scope may change without notice to you.  

 

E. No 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 repairing or improving your credit. You acknowledge that no one, including InfoArmor or NXG, may legally remove accurate and timely negative information from a credit report.  

 

F. Mobile Alerts. We may make certain features of the Services, including alerts, available on or through your registered mobile device. Such features of the Services may be made through push notification, SMS text message, or other mobile alert. If you elect to participate in mobile alerts through the Services, you have the obligation to lock your mobile device and otherwise protect your information contained therein. You consent to the receipt of SMS messages from us in the quantity, frequency, and types delivered through the Services. You are responsible for any fees or other charges (including, where applicable, roaming and data charges) that your wireless carrier may charge for any related data or message services. You understand and agree that we are in no way responsible for, and expressly disclaims any and all liability related to, the failure of a mobile alert to be actually, accurately, timely, or fully delivered to you for any reason whatsoever, including, but not limited to, technical errors or other problems with our systems, those of our subcontractors or service providers, those of your mobile service provider, any other third-party company, or issues related to your mobile account or device.  

 

G. Modification of this Agreement and Services; Additional Agreements. We reserve the right, at our discretion, to change or supplement the terms of this Agreement at any time by posting a new version on this website, http://protectterms.nxgstrategies.com/ (this “Site”) or by otherwise notifying you of the revised Agreement. If you do not agree to this Agreement as modified, you must stop using the Services. Your continued use of the Services following the posting of any changes to this Agreement constitutes your acceptance of those changes.

 

We reserve the right to change, modify, expand, discontinue, or retire any Service, or any feature thereof, at any time.  

 

If you ask us to assist you with the restoration of your identity following an event of identity fraud, 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 to restore your identity. There will be no extra charge for these services.

 

H. Personal Information Privacy. We will undertake to protect your personal information, including your first name, last name, address, U.S. Social Security Number, date of birth, and any information provided to activate monitoring using methods that are consistent with industry best practices, as set forth in our Privacy Policy. However, you authorize InfoArmor to provide your personal information to our subcontractors and service providers to receive and use this information as InfoArmor deems reasonably necessary in the course of performing enrollment or any other action taken in connection with providing the Services. Please read our Privacy Policy. By utilizing the Services and forming this Agreement you are also accepting our Privacy Policy.

 

I. Personal Conduct. You understand and agree that you have an obligation to act responsibly to protect your personal information in a reasonable way. You further understand and agree that you have a duty not to allow the reckless disclosure or publishing of your U.S. Social Security Number, credit card or bank account numbers, and/or similar personal information to persons who may reasonably be expected to misuse such information (e.g., “phishing” scams, unsolicited emails, etc.). You also agree to keep and protect your nxg|PROTECT account login information for the Services from unauthorized use. Should you breach your obligation to protect your account login information, we may terminate your use of the Services without advance notice to you.

 

J. Intellectual Property. InfoArmor and NXG retain sole and exclusive right, title and interest in and to our Services, as applicable, and any modifications made using the Services, as well as all proprietary inventions and technology associated therewith (whether or not patentable), and all of our trademarks, copyrights, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services (collectively, the “Marks and Copyrights”). All of our proprietary inventions and technology, and all promotional materials, advertising, websites and other marketing methods or venues are protected by various intellectual property laws, including, but not limited to, trade secret, copyright, and trademark laws. Any use of our Marks and Copyrights, or any other proprietary intellectual property, is strictly prohibited without our prior written consent.

 

K. Linking Policy. In connection with the Services that we offer, we have established Internet links from our website to select news media outlets, the Federal Trade Commission, and other relevant websites. These linked websites are not under our control, and we are not responsible for their content or delivery. Our use of such links does not constitute or imply our endorsement or guarantee of the products, services, information or recommendations provided by any such websites. In addition, these websites may have privacy policies that are different than ours, and that may provide you less security for your confidential information than we do. If you access any linked third-party website, you do so at your own risk. We disclaim all liability with regard to your access to and use of such linked websites.

 

L. Liability Limitations. To provide certain services associated with our Services, we subcontract with, operate under licenses from, and receive information feeds from, certain subcontractors and service providers. We are not responsible for (i) the accuracy, completeness, and/or validity of any products, solutions or information provided to us by any of our subcontractors, service providers and/or any other third parties (including, without limitation, consumer reporting agencies), (ii) incorrect or incomplete information that you provide to us, such as incorrect or outdated contact or account information, or (iii) incorrect information that we receive from third-party sources, or our failure to obtain information from third-party sources, as a result of incorrect or incomplete information that you provide us. 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 (any of which, “Losses”), caused by, arising from, or in connection with your access to and/or use of the Products. Neither we nor our subcontractors and/or service providers will be liable for the loss, confidentiality, unauthorized disclosure or security of any data or information while in transit via the Internet, telephone or other communication lines, postal system, ACH network or other means of transmission. Without limiting the foregoing limitation of liability, in the event we are found liable for damages to you in a competent legal proceeding, our aggregate liability for all claims caused by, arising out of, or related to your access to and/or use of the Services is limited to one thousand dollars ($1,000).

 

If you register to activate for any Services, you do it at your initiative, and are solely responsible for compliance with applicable laws relating to your use of such Services. Neither we nor our subcontractors and service providers warrant the adequacy, accuracy, or completeness of any information provided through any Services or contained in any third-party website linked to or from any of our websites.

 

You understand and agree that we expressly disclaim and bear no liability for fraudulent transactions, whether identified by us or not, and expressly disclaims any warranty that the Services will enable you to comply with law, mitigate damages (including, but not limited to, those related to a data breach), or avoid any other consequences of a data breach or failure by you to institute proper security measures. Further, you understand and agree that we and our Services do not, and are not intended to, provide legal, tax, investment, or other financial advice.

 

We disclaim any and all express or implied warranties, including any warranties of title, merchantability, fitness for a particular purpose, non-infringement or error-free operation, and all Services provided to you are provided on an “as-is”, “where-is” and “as-available” basis.

 

M. U.S. Law and Cross-Border Use. You understand and agree that the Services are meant for use in, and provided to you under the laws of, the United States. Should you choose to use the Services outside of the United States, you bear any and all responsibility for determination of, and compliance with, all non-U.S. laws applicable to such use. The Services, including any software, documentation and any related technical data included with, or contained in, such Services, and any products utilizing any such Services, software, documentation or technical data (collectively, “Regulated Products”) may be subject to U.S. export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations (ITAR). You agree that you will not, and you will not cause or assist any third party to, directly or indirectly, export, re-export or release any Regulated Products to any jurisdiction to which, or any party to whom, the export, re-export or release of any Regulated Products is prohibited by applicable U.S. laws or regulations.  You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties such as the Office of Foreign Assets Control list.

 

N. Indemnification. You agree to use the Services only for the purposes stated in, and in compliance with, this Agreement. You agree that you will indemnify and hold us and our affiliates, directors, officers, employees and agents, harmless for, from and against all losses, damages, claims, amounts paid in settlement of claims, costs and expenses, (including direct, incidental, consequential, exemplary, and indirect damages and/or reasonable attorneys’ and consultants’ fees and expenses), interest, awards, judgments, fines, penalties and other liabilities made by or owing to any third-party resulting directly or indirectly from or arising out of your access to or use of the Services or from your violation of this Agreement, or your violation of any law, regulation, or third-party rights in connection with your access to or use of any of the Services.

 

You shall not, without InfoArmor’s and/or NXG’s prior written consent, as applicable, (not to be unreasonably withheld, conditioned or delayed), settle, compromise, or consent to the entry of any judgment in any pending or threatened claim, action, or proceeding in respect of which indemnification is sought hereunder unless such settlement, compromise, or consent includes an unconditional release of InfoArmor and/or NXG, as applicable, from all liability arising out of such claim, action, or proceeding.

 

O. Force Majeure. We will not be liable hereunder for failure or delay in our provision of the Products and related performance of our services due to causes arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, but not limited to, acts of God, strike, lockout, labor disputes, governmental orders or restrictions, shortage of materials or labor, utility or communication failure, errors, acts or omissions of third party communications services providers, war, act of terrorism, fire, explosion, sabotage, storm, flood, earthquake, or epidemics.

 

P. 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.

 

Q. 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 Illinois, without regard to conflict of law’s provisions, except that the Federal Arbitration Act applies to the arbitration agreement and class action waiver provisions contained in this Agreement.

 

R. Arbitration Provision and Class Action Waiver. Any claim or controversy arising out of or relating to this Agreement, your use of the Services, or 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”), will be finally, and exclusively, settled by arbitration held before one arbitrator under the then prevailing Commercial Arbitration Rules and Rules for Expedited Procedures of the American Arbitration Association (“AAA”) in force at that time. The arbitration will be conducted in Chicago, Illinois. The arbitrator will be selected pursuant to the AAA rules. The arbitrator will 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, will 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 or class arbitrations. 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 will be exclusively in the state and federal courts sitting in Cook County, Illinois. If either you or we employ attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party will be entitled to recover reasonable attorneys’ fees and expenses, as well as arbitration and/or court costs.

 

S. Use Restrictions.  You shall not and shall not permit others to:

i.           interfere with the operation of Services or another’s use of the Services; 

ii.          introduce any viruses, worms, malware, trojans, or other malicious or disruptive code; 

iii.         impersonate any person or entity, provide false information required for obtaining access to the Services; 

iv.         use the Services for commercial or other non-personal purposes; 

v.          reverse engineer, decompile, or otherwise attempt to derive source code of the software that powers the Services; 

vi.         create or use any script or automated tool that attempts to create multiple ways to access or use the Services; 

vii.        attempt to gain unauthorized access to the Services or any computer system used to provide the Services, circumvent any access restriction or security measures with respect to the Services, or disclose your access information or otherwise give access to the Services to any third party; 

viii.    tamper, alter, modify, change, disassemble, reverse engineer, copy, or duplicate in any manner the Services or its associated code.

 

If you do any of the above or otherwise violate this Agreement, your access to and use of the Products will terminate effective immediately, and you will be unable to access or use your nxg|PROTECT account. In addition, you may be subject to legal action and may be denied future participation in any products provided, distributed or sold by us.  Failure by InfoArmor and/or NXG to enforce such rights remedies is not and shall not be deemed a waiver of such rights and remedies. 

 

T.  Waiver. We will 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 will be binding unless in writing and signed by an authorized representative of InfoArmor and/or NXG, as applicable. No waiver by us of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.

 

U. Effect of Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, such provision (to the extent of such invalidity or unenforceability) shall be deemed severed from this Agreement, and the remaining provisions of this Agreement will remain valid and enforceable.

 

V. Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and us with respect to the subject matter of this Agreement, and all prior and contemporaneous agreements, understandings, representations and communications between you and us concerning such subject matter are hereby superseded and made null and void in their entirety. 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.

 

ARTICLE III - TERMS AND CONDITIONS REGARDING PARTICULAR SERVICES

 

The following sets forth certain terms and conditions that apply to the specific Services described below.  Services availability depends upon your level of coverage.  Please refer to your nxg|PROTECT account for the Services available to you.

  • Reactive and Proactive Services. 
    • Some of the Services are available to you immediately at the beginning of the Benefits Period (“Reactive Services”) while other Services are provided to you as an entitlement to enroll anytime for the Services at no cost (“Proactive Services”).  You may activate your entitlement to the Proactive Services at will. We will not ask for any payment nor is there any cost to you now or in the future for utilizing the Proactive Services entitlement. There is no requirement for you to utilize your entitlement to the Proactive Services; however, if you do not enroll to activate the Proactive Services these Services will not be working for you. If you choose not to utilize the Proactive Services Entitlement, it does not prevent you from utilizing the Reactive Services, nor does it constitute a failure of the Services in part or as a whole. Online activation and toll-free telephone assistance is available for you to easily enroll to activate the Proactive Services.  For more information about which Services are included in the Reactive Services and the Proactive Services, and for detailed instructions on how to enroll to activate the Proactive Services see the Summary of Benefits document on your Program Sponsor’s nxg|PROTECT website.
  • Privacy Advocate Services.
    • If you are a victim of identity fraud from identity theft we provide professionals (“Privacy Advocates”) to manage the detection, investigation, and remediation of the incident (“Fully Managed Identity Theft Recovery”). “Identity Theft” is defined as fraud that involves the use of any combination of your name, address, date of birth, Social Security number, bank or credit/debit card account number, or other identifying information without your knowledge, and such information is used to commit fraud or other crimes. Only Identity Theft incidents that are discovered and reported to us during the Benefits Period will be covered for Fully Managed Identity Theft Recovery.
    • Refusal or Termination of Privacy Advocate Services.  The successful completion of Fully Managed Identity Theft Recovery depends on your cooperation. Fully Managed Identity Theft Recovery may be refused or terminated if it is deemed that (a) you are committing fraud or other illegal acts, making untrue statements, or failing to perform your responsibilities as part of the recovery plan; or (b) you obtained the Fully Managed Identity Theft Recovery knowingly without meeting your Program Sponsor’s eligibility requirements. Fully Managed Identity Theft Recovery will not be refused or terminated due to the complexity of an identity theft case.
    • Cooperation with Law Enforcement.  In order to receive Fully Managed Identity Theft Recovery, you may be asked to file a police report with your local law enforcement authority. You may be asked to identify the person or persons who are committing the acts of fraud and Identity Theft, if known to you (the “Perpetrator”). You will continue to be eligible for Fully Managed Identity Theft Recovery even if it is found that the Perpetrator is a family member or acquaintance; however, other Services may be invalidated. If you do not cooperate with the law enforcement investigation of the Perpetrator, the Privacy Advocate may not be able to complete the Fully Managed Identity Theft Recovery.
  • Credit Monitoring, Credit Reports, and Credit Scores.
    • To participate in credit monitoring, you will be required to provide certain personal information, including, but not limited to, your birthdate and U.S. Social Security Number, and you will be required to authenticate your identity. You understand and agree that by enrolling in and continuing to use credit monitoring, you are giving “written instructions” to us to obtain your credit report pursuant to the Fair Credit Reporting Act. 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 access credit monitoring or any other Services under this Agreement has been made by you as a convenience and is not legally required. Please note that any person who knowingly and willfully obtains a credit report or score/disclosure under false pretenses may face criminal prosecution. We do not and will not transmit your score to any unauthorized third-party; however, we may use such information for our own internal purposes as detailed in our Privacy Policies.
    • The TransUnion reports and scores that may be provided with this Product are limited to adults and may be accessed once per calendar day or month or 365-day period, as applicable, through the nxg|PROTECT account. If applicable, the tri-bureau credit reports and scores can only be obtained once in a 365-day period. We utilize the VantageScore scoring model as provided by TransUnion. The VantageScore is not the FICO score, which is derived by the Fair Isaac Corporation. VantageScore may vary from bureau to bureau.  The Services may also include a “credit lock” whereby we help to lock your TransUnion credit file and to file online TransUnion credit disputes. Please allow up to 45 business days for the credit dispute resolution process to complete.

●    IP Address Monitoring. If applicable, to participate in this Service, you must provide us with your IP address and grant us permission to store and monitor IP address information.

●    IRS Tax Fraud Refund Advance.  If applicable, to obtain this benefit, you must submit proper documentation of both tax fraud and the refund amount owed to you by the IRS. You agree to repay any tax refund advances that are paid to you if the tax fraud is resolved and the IRS issues a refund check.  You must repay the advance to us within ten (10) business days of receipt of your refund from IRS. You will be required to complete necessary IRS Forms and hereby provide consent to utilize the IRS refund tracker.

●   Identity Fraud Expense Reimbursement Insurance. Reimbursement for expenses incurred due to the direct result of any confirmed identity fraud commenced during the policy, along with additional terms, conditions, exclusions and limitations of coverage, is outlined in the Identity Theft Expense Reimbursement Evidence of Coverage forms that can be found on your Program Sponsor’s nxg|PROTECT website. This benefit is underwritten by Lyndon Southern Insurance Company, a member of the Fortegra family of companies, and administered by Source International, Inc. Coverage is currently not available to residents of the state of New York and may not be available in other U.S. territories or jurisdictions in the future.

●    Dark Web Monitoring. “Dark Web Monitoring” utilizes technology and human operatives to find potentially compromised credentials on the dark web and hacker forums. To use this Service you must provide us with credentials for monitoring. We send alerts if we find your registered credentials, such as email address, credit/debit cards, web logins, driver’s license number, or passport numbers, are mentioned, traded, or sold on the dark web.

●    Social Media Monitoring. To use this Service, you must provide us with proper credentials to your social media accounts, identify the third-party provider of such accounts, and grant us access to your accounts as your agent. By providing us with your account information you are granting us a non-exclusive, fully-paid, royalty-free, license to use such account information to monitor your accounts and for the preparation of aggregated and anonymous data from your account for our own internal purposes. Should you change your account information with any of your social media accounts, you understand that you will be required to update that account information in our system for us to continue providing social media monitoring with respect to such account. You understand that our network and Services are limited in scope to the social media account information provided by you, and we may experience delays or failure to process and identify issues or threats within those accounts. You have a duty to monitor your social media accounts and you recognize that you should not rely on alerts from us alone. You understand and agree that we expressly disclaim and bear no liability for any delay or failure to flag an issue or threat within your social media accounts.

●   Our Apps. Downloading and use of the Apps does not create an ownership interest of any kind in the Apps, or the intellectual property related thereto (see Intellectual Property in this Agreement), but instead creates a non-exclusive, fully-paid, royalty-fee, revocable, license to use the Apps for their intended purpose only. The Apps may be available through third- party providers (e.g., App Store). However, this Agreement is the sole and exclusive agreement between InfoArmor and you for your use of the Apps, and any agreement with such third-party provider will not govern the terms of service of the Apps or otherwise supplement, override or affect any provision of this Agreement. Unless expressly stated, this Agreement does not modify any other terms set forth in any application marketplace, including, but not limited to, the Apple App Store Terms and Conditions and Google Play Terms of Service or as otherwise required by any application marketplace provider (“Application Marketplace Provider”).To the extent necessary for this Agreement to comply with Apple’s applicable Instructions for Minimum Terms of Developer’s End-User License Agreement (“Apple’s Minimum Terms”), Apple’s Minimum Terms are hereby incorporated into this Agreement.

 

Effective March 24, 2020