US Identity Shield, Terms of Use Agreement
Identity Shield ("US Identity Shield", "us" or "we") is the leading online identity theft protector. US Identity Shield was created to help you protect yourself against the fastest growing crime in the US - Identity Theft. US Identity Shield is part of US Search, America's #1 web site destination for people search and background checks. US Search and US Identity Shield bring peace of mind to consumers providing them with the right information to make faster, safer and smarter decisions to protect themselves and their families.
By using this Website and / or purchasing products and services from US Identity Shield via this Website or via telephone (the "Service"), you agree to adhere and be bound by the following Terms of Use Agreement (the "Agreement"). If you do not agree to adhere to this Agreement, you may not use the Service.
1. General - The Service is intended for personal use only, and is not intended for commercial use. You understand that you must be over 18 years old to use the Service. YOU FUTHER REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOU RESIDE IN THE UNITED STATES OR CANADA, THAT YOU HAVE A VALID UNITED STATES SOCIAL SECURITY NUMBER, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT, AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT.
US Identity Shield maintains this Website to provide you with information about the Service and to facilitate communication with us and our third-party partners. From time to time we may revise this Agreement and / Privacy Policy. Revisions will be effective when posted or as otherwise stated. YOUR CONTINUED USE OF THE WEBSITE OR USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. Additional terms and conditions may apply. For example, all or part of the Service may be provided by one or more of our third-party partners, and you will be required to agree to their terms and conditions prior to using Services offered by such third-party partners.
If you chose to subscribe yourself or someone else to the Service, US Identity Shield will monitor the subscriber's Social Security Number against Identity Theft data bases both internally and through third party services. Credit Card monitoring will watch for black market selling, trading and bartering of a subscriber's supplied credit card through third parties. The subscriber's supplied information for address(s), phone number(s) and email address(s) will be watched for publishing in public facing web sites.
US Identity Shield is not a credit repair organization or a similarly regulated organization under other applicable laws, and does not provide credit repair advice.
In an effort to protect our customers from credit card fraud, US Identity Shield actively analyzes black market web sites for subscriber supplied credit card information. US Identity Shield does not monitor purchases on a consumer's credit card or any fraudulent activity attempted on the credit card. Any such activity is between the subscriber and their credit card company . In placing an order with US Identity Shield, you acknowledge that such information may be added to our suspicious activities list and be shared with our trusted partners.
2. Payments, Refunds and Fraud - By purchasing the Service, you understand that you are paying for US Identity Shield to process your order and you accept that the Service is provided "AS IS". Fees for the Service are posted on our Website. By purchasing the Service, you agree to pay using a valid credit card, PayPal or other legitimate payment method and affirm that you are authorized to use such payment method. We reserve the right to suspend the Service to any delinquent account without notice. If you have questions about our fees, please contact us before you make a purchase. You are responsible for (and must pay for) all purchases of the Service by individuals using your account. If you suspect that unauthorized use of your account is taking place, you must notify us immediately.
Refunds are only considered by US Identity Shield within the first 14 days of service from the original subscription date. Unless we state in writing otherwise, all fees and charges for the Service are nonrefundable. Any issues, questions or concerns about a particular purchase must be raised within 14 days of purchase, and customer explicitly agrees to waive all issues, questions and concerns after such time. The User will be charged by credit card or PayPal for the Service upon sign up of unless the User notifies the Service provider within the stated amount of time.
You agree to notify us promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your account and your right to use the Service.
3. Subscription Programs - When purchasing a subscription program, (e.g., the US Identity Shield Theft Protection Program), you understand and agree that you will be charged, at the then current rate, on a monthly or annual basis as determined by you when you register for the subscription program (the "Billing Term"), and you authorize Identify Shield to charge your credit card or other billing source authorized by you in advance of each Billing Term. You agree that if you choose the monthly Billing Term when you register for membership in the subscription program, you will be required to subscribe for a minimum of three months (the "Three Month Minimum"). US Identity Shield will advise you in advance before applying a new charge against your credit card for any future Billing Term if you contact our customer care department directly . In all cases, you are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of Services unless noted otherwise.
Your subscription will renew automatically each Billing Term, and your credit card or other billing source authorized by you will be charged unless we terminate it or you notify us of your decision to terminate your subscription prior to the beginning of the subsequent Billing Term. You may terminate your subscription by calling US Identity Shield at 1-800-588-5572 or emailing us at customercare@USIdentityShield.com (receipt of which must be confirmed by email reply from us). You must cancel your subscription before it renews in order to avoid billing of subscription fees for the subsequent Billing Term to your credit card or other payment source. If you cancel your subscription, your membership and billing will terminate at the end of your Billing Term and you will not be eligible for a prorated refund of any portion of your paid membership fee for that Billing Term. US Identity Shield reserves the right to change the fee for any Billing Term to be effective upon the renewal of your membership for the susquent Billing Term.
4. Special US Search Promotion - If the user selects to enroll into the US Search Promotion a membership fee of $19.95 per month will be charged or debited by US Identity Shield to the credit card you used today after your 7-day FREE trial period is complete. Moving forward, your debit or credit card will automatically be charged each month at the then-current monthly membership fee so long as you remain a member. Of course, you can call toll-free at 1-800-588-5572 and speak to a US Identity Shield customer care representative within the first 7 days to cancel - you will have paid nothing and owe nothing! Please note that by agreeing to these Offer Details you are authorizing US Identity Shield to bill your credit card in exchange for your secure access to US Identity Shield. At any time during your membership, you can call to cancel and you will no longer be charged or debited. This offer is only good one per customer and repetitive ordering of the 7-day FREE trial is not available. If you used a Visa or MasterCard Debit Card today, then beginning on or about 7 days from now, your monthly membership fee for US Identity Shield will be automatically debited each month at the then-current monthly membership fee on or about that same date from the checking account associated with the debit card you provided today.
US Identity Shield provides you with the tools you need to access and monitor your financial/credit information through the program's credit reporting and identity monitoring benefits. US Identity Shield and its benefit providers are not credit repair service providers and do not receive fees for such services, nor are we credit clinics, credit repair or credit services organizations or businesses, as defined by federal and state law.
All consumer credit services provided by TransUnion Interactive, Inc.
5. Service Guarantee and Third Party Benefits - If you are an US Identity Shield member in good standing and receiving the Service, and have paid US Identity Shield (or caused US Identity Shield to be paid) all proper fees for the Service, and you nevertheless become a victim of a fraud committed or attempted using your Personally Identifiable Information without authority because of a failure or defect in the Services, US Identity Shield will retain and pay for those third party professional services that are reasonably necessary in US Identity Shield's judgment to assist you in restoring losses or recovering your lost out-of-pocket expenses caused by such fraud (the "Service Guarantee"). US Identity Shield will pay such third parties up to a maximum of one million dollars ($1,000,000) over your lifetime for all such fraud incidents in the aggregate, provided that:
THE FOREGOING SERVICE GUARANTEE STATES THE ENTIRE OBLIGATION OF US IDENTITY SHIELD AND YOUR ENTIRE REMEDY FOR ANY FAILURE OR DELAY IN PERFORMING SERVICES.
6. Privacy - By using our Website or the Service, you agree that we may use and share your information in accordance with the terms of our privacy policy, which is incorporated here by reference. For more information about our privacy practices, please visit our privacy policy at www.USIdentityShield.com/privacy
7. Limitation of Liability - EXCEPT AS SET FORTH IN SECTION 4, The SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. US IDENTITY SHIELD HEREBY DISCLAIMS ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEALING, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. Some jurisdictions do not allow certain limitations of warranties so the foregoing may not apply to you.
US Identity Shield, its affiliates, agents and employees are not liable to any party for any special, consequential, punitive, direct, or indirect damages for any reliance or use upon the Service, including but not limited to, business interruption, lost profits, loss of programs or other data, even if US Identity Shield is expressly advised of the possibility of such damages. In addition, US Identity Shield, its affiliates, agents and employees are not liable to any party for any special, consequential, direct, or indirect damages for any communication or contact between our customers and their search subjects.
UNDER NO CIRCUMSTANCE SHALL US IDENTITY SHIELD BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US IDENTITY SHIELD IN THE 12 MONTHS PRECEDING ANY CLAIM.
8. Indemnification - You agree to indemnify and hold US Identity Shield, its subsidiaries, affiliates, officers, agents, employees, and all applicable third parties (e.g., all relevant marketing partner(s), licensors, and licensees) harmless from any claim or losses, including costs, expenses and attorneys fees, made by any third party arising directly or indirectly out of your [improper or unauthorized] use of the Service or your violation of any rights of another. We will promptly notify you of any claim. In the event that the Service is not used in an appropriate manner US Identity Shield reserves the right to seek all appropriate remedies at law or equity. Nothing in this Agreement is a relinquishment or waiver of US Identity Shield's rights and remedies.
9. Arbitration and Governing Law - This Agreement will be governed by and construed in accordance with the laws of the State of California, USA. You agree that any dispute, controversy or claim arising out of, or relating to, this Agreement or the Services shall be settled by confidential arbitration in Los Angeles County, California, in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and that arbitrator may grant injunctions or other relief in such dispute or controversy. The parties will mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA will select the arbitrator from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) 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 US Identity Shield, all other expenses of arbitration will be paid by the party who incurred them. These expenses are not part of the Service Guarantee described in Paragraph 4. You further 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.