Terms & Conditions

DefendMyID Service Agreement

DefendMyID is an identity protection program that provides you with many types of protection related to your personal identity. It is also a full restoration service organization in the event that your identity is compromised within the scope of the covered items.

What’s Included:

1.Full 12 month subscription starting the day that your tax return was accepted by the IRS

2.CyberSearch – Is a proprietary surveillance technology that monitors activity on the internet, and dark web while checking millions of data points. We alert you by email if your personal information is being bought or offered for sale online.

3.Full Service Restoration – Provides compromised subscribers with a certified identity theft restoration specialist to provide full-service identity restoration

4.Support – 24/7/365 and we have multi-lingual support

5.Payday Lending – You will be alerted if your personal information is used to obtain a payday loan in most cities within the U.S.

6.Lost Wallet – This protects you in the event that you lose all or part of what is in your wallet. It also falls into the restoration category so a restoration specialist will get you back on track in short order

7.Change of Address – We monitor and alert you if there is a request for a change of your home address

8.SSN Trace – Provides you with a report of all names, aliases and addresses associated with your SSN. Detection of both synthetic and true name identity fraud is included

9.Credit Monitoring – Single bureau credit monitoring through Experian is included. This service will notify you if there in a new inquiry on your credit or if there is a new negative mark against your credit.

a.As required by the credit bureaus, each Subscriber must pass credit authentication before the Subscriber starts receiving credit alerts. The Subscriber receives an online authentication quiz upon enrollment or during upgrade into any credit Services. The quiz generates up to 5 multiple choice questions based on information found in the Subscriber’s credit bureau file. These questions may include address, employer, and account information, such as account balances, credit limits, and open dates for a particular account. The Subscriber receives two attempts to pass the online authentication quiz. If the Subscriber fails both attempts, the Subscriber must perform manual authentication with a member services agent prior to receiving credit alerts.

10.$1 Million Insurance - Identity Theft Insurance will reimburse Subscribers residing in the United States for certain ancillary expenses associated with restoring their identity should they become a victim of identity theft after such Subscriber is enrolled.

THESE ARE THE TERMS OF OUR AGREEMENT WITH EACH OTHER. ALL OF IT IS IMPORTANT SO TAKE A FEW MINUTES TO READ IT CAREFULLY. BY ENROLLING AND USING DEFENDMYID’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS AND CONDITIONS YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” TO CSIDENTITY CORPORATION AND ITS EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, THIRD PARTY DATA AND SERVICE PROVIDERS, AND ALL OTHER CREDIT REPORTING AGENCIES UNDER THE FAIR CREDIT REPORTING ACT (FCRA), AS AMENDED, INCLUDING EXPERIAN, TRANSUNION, EQUIFAX AND AFFILIATED ENTITIES, TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE INFORMATION ABOUT YOU WITH EACH NATIONAL CREDIT REPORTING AGENCY IN ORDER TO VERIFY YOUR IDENTITY AND TO PROVIDE THE SERVICES TO YOU. YOU AGREE AND HEREBY AUTHORIZE CSIDENTITY CORPORATION TO PROVIDE YOUR PERSONALLY IDENTIFIABLE INFORMATION (OR, IF APPLICABLE, INFORMATION ABOUT ANY MINOR CHILDREN YOU HAVE ENROLLED) TO THIRD PARTIES AS PROVIDED IN OUR PRIVACY POLICY, AS MAY BE AMENDED FROM TIME TO TIME, IN ORDER TO PROVIDE THE SERVICES TO YOU (AND TO THOSE CHILDREN YOU HAVE ENROLLED). YOU FURTHER AUTHORIZE CSIDENTITY CORPORATION TO OBTAIN INFORMATION AND REPORTS ABOUT YOU (OR ABOUT ANY CHILDREN YOU HAVE ENROLLED, IF APPLICABLE) IN ORDER TO PROVIDE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CREDIT MONITORING SERVICES, CREDIT REPORTING, IDENTITY MONITORING, FRAUD RESOLUTION SERVICES, RESTORATION SERVICES, ADDRESS HISTORY REPORTS, NAME AND ALIAS REPORTS, CRIMINAL REPORTS OR SEX OFFENDER REPORTS, AND TO PROVIDE MONITORING AND ALERTS.

You have numerous rights under the FCRA, including the right to dispute inaccurate information in your credit report(s). Consumer reporting agencies are required to investigate and respond to your dispute, but are not obligated to change or remove accurate information that is reported in compliance with applicable law. While this plan can provide you assistance in filing a dispute, the FCRA allows you to file a dispute for free with a consumer reporting agency without the assistance of a third party.

1.Terms Of Use

Notice: Your use of this service means that you have accepted these terms in their entirety. If you do not agree with these terms in their entirety, please terminate the service. These Terms and Conditions (this “Agreement” or “Terms of Use”) identifies what you can expect from DefendMyID (“DEFENDMYID”) and what DEFENDMYID expects from you. These Terms and Conditions apply to your purchase of any products and/or services offered or provided by DEFENDMYID and govern the relationship between DEFENDMYID and you, even if you have agreed to other or conflicting terms and conditions of third parties associated with this business relationship or the provision of such services and/or products.

2.Introduction

Please read the following information carefully before using any of the products or services (the “Services”) provided by this agreement. By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to these Terms of Use and to follow all applicable laws and regulations. If you do not agree with the Terms of Use, do not use the Services. We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time without prior notice to you, which modifications and/or updates will be binding on you, and we may refuse to provide you the Services for any reason or no reason at all. Please check the Terms of Use each time you visit this Site for the most current information.

3.Privacy and Information Sharing

Since it affects your use of the Services, please review our Privacy Policy and Terms of Use. We collect, use and disclose information about you as provided in our Privacy Policy at www.DEFENDMYID.com/privacy-policy/. Our Privacy Policy is located on the Site and is incorporated into this Agreement, and you agree to accept the terms of the Privacy Policy as a condition to your acceptance of this Agreement.

You agree and authorize DEFENDMYID, it agents and employees, to provide your personally identifiable information (or information about your child you have enrolled) to third parties from time to time as provided in our Privacy Policy. You waive any and all claims against DEFENDMYID, its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize DEFENDMYID, it agents and employees to obtain various information and reports about you (or about your child that you have enrolled) in order to perform our services, including, but not limited to, address history reports, name and alias reports, criminal reports, and all other relevant reports.

4.Disclaimer of Warranties and Limitation of Liability

1.NOTHING IN THESE TERMS OF USE, INCLUDING SECTIONS 4 AND 5, SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

2.OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER DEFENDMYID NOR ITS AFFILIATES OR ANY THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, DEFENDMYID AND ITS AFFILIATES AND OUR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO, AND USE OF, OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND/OR CONTENT ARE AT YOUR OWN RISK. BY USING OUR SERVICES AND OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER DEFENDMYID NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

3.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

4.We are not a credit repair organization, or similarly regulated organization under other applicable laws, and do not provide credit repair advice.

5.Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).

6.If you use DEFENDMYID’s SSN Trace services, you represent and warrant to us that you will use such services (or any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.

5.Limitation of Liability

1.SUBJECT TO SECTION 4 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES AND AFFILIATES, AND OUR THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR:

1.ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR

2.ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

1.ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES OR SITE;

2.ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

3.THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

4.YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR

5.YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

THE LIMITATIONS ON OUR LIABILITY TO YOU IN SECTION 4 ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

6.Unsolicited Idea Submission Policy

When you provide us with comments, suggestions, or ideas (collectively, “Feedback”), such Feedback is not considered confidential and becomes the property of DEFENDMYID. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.

7.Fair Credit Reporting Act

The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.

Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) 322-8228 or by using the mail request form available at the central source Website.

You are entitled to receive a free copy of your credit report from a credit reporting agency if:

oYou have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.

oYou have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.

oYou certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.

oYou certify in writing that you are a recipient of public welfare assistance.

oYou certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.

In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. For Illinois residents, credit reporting agencies are required by law to give you a copy of your credit record upon request at no charge or for a nominal fee. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM ANY OF THE CREDIT BUREAUS IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.

It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact such entities as follows:

Experian: 1-800-EXPERIAN (1-888-397-3742)

Equifax: 1-800-685-1111

TransUnion: 1-800-916-8800

8.Applicable Law

We perform the Services through our partner/program provider (CSIdentity dba CSID) corporate headquarters located in the State of Texas. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Texas, regardless of Texas conflict of laws. Subject to Section 9 below (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Travis County, Texas for any dispute or litigation arising out of, relating to, or the use or purchase of Services from DEFENDMYID.

9.Arbitration

Notwithstanding any other agreement to arbitrate or other agreement between you and any third party associated with this relationship or the provision of the Services, both DEFENDMYID and you agree that any dispute, controversy or claim arising out of, or relating to this Agreement or the relationship contemplated hereby, or any interpretation, construction performance or breach of this Agreement or the Services provided by DEFENDMYID 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) as 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 upon 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 arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will, if practicable, 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 all the parties to the arbitration. Judgment may be rendered on the arbitrator’s decision in any state or federal court. Although the cost of the filing fee for the arbitration will be borne equally by you and DEFENDMYID, all other expenses of the arbitration will be paid by the party who incurred them. In addition to, and separate and apart from, the above agreement to arbitrate, you also agree that you will not participate in any way in any class action in connection with any dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.

10.Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY PROVIDERS OF INFORMATION OR SERVICES TO THE SITE FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE OR YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS. IN THE EVENT THAT WE ARE SUBJECT TO ANY CLAIM FOR WHICH WE HAVE THE RIGHT TO BE INDEMNIFIED BY YOU, WE WILL HAVE THE RIGHT TO, AT YOUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIM, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.

11.Your Passwords and Account Security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.

12.Termination of Relationship

1)These Terms of Use will continue to apply until terminated by either you as set out below.

2)If you want to terminate your legal agreement with us, you may do so, with our without cause, by (a) notifying us at any time and (b) closing your accounts for all of the Services which you use, where we have made this option available to you.

3)Please note that no refunds will be processed

13.Miscellaneous

1)No waiver of any breach of any provision of these Terms of Use or of any agreement with us will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use or of any other agreement between you and us to be invalid or unenforceable, such findings will have no effect on any other part or provision of these Terms of Use or any other agreement between you and us. All waivers must be in writing.

2)We are not responsible for delay or failure to perform due to causes beyond our reasonable control.

3)The Terms of Use constitute the whole legal agreement between you and us and govern your use of the Services (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Services.