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IDSEAL® CUSTOMER TERMS & CONDITIONS
Thank you for your interest in IDSEAL® products and services. Please carefully read these IDSEAL® Customer Terms & Conditions (the "Terms") as well as any supplemental terms set forth below that apply to the specific products and services that you select during the online ordering process (the "Supplemental Terms"). The related policies set out under Article 1 (the "Policies") also apply to the IDSeal products and services. If you do not agree to the Terms, applicable Supplemental Terms, and Policies you must not enroll in, access, or use the IDSeal products and services. By enrolling in, accessing, or using the services, you indicate that you accept and agree to the following:
SERVICES: The IDSeal products and services are provided by IDSeal, LLC with offices located at 1000 Progress Place, Concord NC 28025 (referred to herein as "IDSeal", "we", "us, or "our"). The products and services are described in these Terms and Supplemental Terms and on our website as part of the online enrollment process, and include all of the related features, benefits, systems, software, applications, websites and services provided for your use by IDSeal (the "Services"). The specific features and benefits of the Services available to you, the cost, and the term of your membership will depend upon the plan options you select when you sign up for the Services and will be confirmed in the e-mail you receive from us when you complete enrollment (the "Welcome E-mail").
AUTOMATIC RENEWALS & CANCELLATIONS: Your membership will automatically renew and you will be charged on a recurring basis (eg monthly, quarterly, annually) as described in Article 3 if you do not cancel prior to the renewal date. You may cancel the Services at any time as detailed in Article 5 of these Terms, but you will not receive a refund unless you cancel within the applicable Refund Period.
DISPUTES: THESE TERMS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION, CLASS ARBITRATION, AND JURY TRIAL WAIVERS. BY ENROLLING IN, ACCESSING, OR USING THE SERVICES YOU ARE AGREEING TO RESOLVE ALL DISPUTES ARISING FROM OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN ARTICLE 15 OF THESE TERMS.
FAIR CREDIT REPORTING ACT: Some of the Identity Management Services include access to and use of information related to your consumer credit report. The federal Fair Credit Reporting Act as amended ("FCRA") promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. Please review Articles 6 and 7 of the Identity Management Supplemental Terms for important FCRA and Credit Report disclosures. To learn more about your rights under the FCRA, you may go to www.consumerfinance.gov/learnmore.
BUSINESS MEMBERS: You are considered a "Business Member" if you are an individual whose membership is paid through your employer or other third party that has entered into a separate agreement with IDSeal for the purchase of memberships (a "Participating Business"). If you are a Business Member, certain provisions of this Agreement are not applicable to you or are modified for you, in each instance as specified herein.
AGREEMENT: These Terms and the applicable Supplemental Terms form a binding contract between you and IDSeal that governs your relationship with IDSeal and any purchase of, enrollment in, access to, or use of the Services (the "Agreement"). Please note that IDSeal may from time to time revise or amend the Agreement pursuant to the provisions of Article 10 of these Terms. The Services are made available to you only on the condition that you agree to be bound by the Agreement. If you do not agree, then do not enroll, access or use the Services. If you reside in a jurisdiction that restricts the ability to enter into agreements such as this Agreement according to age or for any other reason, and you are under such age limit or subject to such other restriction, you may not enter into this Agreement. By enrolling, accessing, or using the Services, you are representing that you have the legal capacity and authority to enter into this Agreement, and that you have reviewed, understand, and accept this Agreement without limitation or qualification.
1. Policies.
The following Policies apply generally regardless of the specific Services you select. Each Policy can be found via the links below and on our website:
- the IDSeal Privacy Policy (the "Privacy Policy"), which describes how we collect and process personal and non-personal information when you use the Services, IDSeal.com and all other websites owned or operated by IDSeal (collectively, the "Website"), and the IDSeal Mobile Application (the "Application" and, together with the Website, the "Sites");
- the IDSeal Cookie Policy, which describes how we may use cookies on the Sites;
- the IDSeal Website Terms of Use (the "Website Terms of Use"), which provide the terms and conditions under which you may access and use the Website; and
- the IDSeal Mobile Application Terms of Use (the "Application Terms of Use"), which provide the terms and conditions under which you may access and use the Application.
By enrolling, accessing, or using the Services you acknowledge that you have received each of the Policies, and you agree to the terms and conditions contained in each.
2. Enrollment.
An individual who signs up for the Services ("Enrolls" or "Enrollment") by submitting the information required by IDSeal to create an account ("Account"), agreeing to these Terms and the applicable Supplemental Terms, and ordering Services for which required payment is made is sometimes referred to in this Agreement as a "member" or as having a "Membership." For the purposes of this Agreement, "you" or "your" refers to such a member, as well as any other individual that is Enrolled by or receives, accesses, or uses the Services through such member.
You may not Enroll anyone other than yourself for the Services unless you have the authority to accept these Terms on behalf of the other individual you are Enrolling, including if such individual is a dependent under the age of 18 of whom you are a parent or legal guardian (a "Dependent") or you otherwise have all necessary permissions and consents. You will be personally liable for all fees incurred and damages that may result from Enrolling another individual for Services without proper authorization, and you agree to indemnify us for any damages we may incur as a result.
In order to Enroll in the Services, you must be a resident of the United States and be of legal age and have the legal capacity to enter into contracts in the state in which you reside. You also must have internet access via a compatible browser and a valid email address. A valid social security number ("SSN") is required to use certain features or benefits included in the Identity Management Services. By Enrolling in the Services, you represent that you meet each of these qualifications. IDSeal reserves the right to determine or change the eligibility criteria for Enrollment or any member's access to or use of the Services. We may decline to accept your Enrollment in the exercise of our sole discretion.
Enrollment requires you to set up your Account with your contact information such as name, address, and phone number, as well as providing the names of Dependents you wish to Enroll.
In connection with setting up an Account and using the Services, you will establish or be provided a username and password, and may also establish or be provided other access credentials to maintain the security of your Account (collectively, "Access Credentials"). You understand and acknowledge that any person able to provide your username, password and/or other designated security information will have full access to your Account, and you agree that by sharing your Access Credentials any such person is authorized by you to represent you for purposes relating to the Services, including receiving information about and making changes to your Account, and adding, modifying, or cancelling Services. If you do not wish for another person to so represent you or access your Account information, keep your Access Credentials confidential. You are responsible for all actions taken by third parties using your Access Credentials.
Unless you are a Business Member, to complete Enrollment you must also provide a valid payment method accepted by IDSeal (the "Payment Method"), and you understand and agree that by providing such Payment Method you are authorizing us to use such Payment Method on a recurring basis to collect all amounts due under the Agreement. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. We may determine and modify what Payment Methods we accept from time to time in our sole discretion.
3. Membership Term, Payment, and Automatic Renewal.
By Enrolling, you are agreeing to participate in a recurring membership that begins when your initial fee payment is processed (or, for Business Members, when the Participating Business makes Membership available to you), and will continue for the Membership period you select during Enrollment (annual, quarterly, or monthly) and then will automatically renew for the same period of time (twelve months, three months, or one month) until your Membership is cancelled or terminated as provided for in these Terms. Each such Membership period is referred to herein as a "Payment Period" and your total Membership period, including all such renewals, is referred to herein as the "Membership Term."
Payment in full for the initial Payment Period is due upon Enrollment and thereafter on the date that your current Payment Period expires (the "Expiration Date") you will be charged for all fees due and payable for the next Payment Period until you cancel your Membership. If you do not want your Membership to automatically renew, you must cancel your Membership prior to the Expiration Date as described in Article 5 below, in which case your Membership will expire upon such Expiration Date.
IDSeal will attempt to charge your Payment Method up to three times, but if IDSeal is unable to collect the fee via the Payment Method provided by you for any reason, then IDSeal reserves the right to immediately suspend or terminate your Membership.
For Business Members, the applicable Participating Business may cancel your Membership and end the Membership Term at any time, including without limitation in the event of the termination of your employment, and any questions related to the Membership Term or cancellation should be directed to the Participating Business.
4. Fees, Upgrades, Add-Ons, and Promotions.
Not Applicable to Business Members: The fee due and payable for each Payment Period of your Membership is established at the time of your Enrollment. You are responsible for payment of any taxes applicable to your Membership, and the term "fee", as used in these Terms, refers to the fee due and payable for your Membership plus any such taxes and may also include amounts due for the Add-Ons that you elect to purchase. All fees are stated and payable in US dollars. Applicable taxes will be determined at the time you are billed and may depend on your location.
The amount of the fee upon Enrollment may represent an introductory offer applicable only to a certain introductory period (the "Introductory Period"), which Introductory Period will be disclosed during Enrollment. IDSeal will automatically begin charging the applicable non-introductory fee amount applicable to your Membership plan at the beginning of the next Payment Period following the expiration of the relevant Introductory Period. Any other fee increase during the Membership Term, excluding a change in your taxes, is deemed a Material Change subject to the notice and cancellation terms set forth in Article 10 below.
IDSeal may offer you the opportunity to upgrade your current Membership to include additional or different Services (each, an "Upgrade"). In the event you elect to purchase an Upgrade, your Payment Period for the Services that you Upgrade will be modified to start on the date of the Upgrade and will continue for the full length of such Payment Period. Any amounts that you previously prepaid for the original Services for time periods after the date of the Upgrade will be applied toward the costs of the Upgrade.
You may have the opportunity to purchase, at your election, additional Services to be included in your Membership (each, an "Add-On"). The amount due for an Add-On shall be due and payable at the time of purchase, separately from and in addition to the fee for your Membership, and may be charged on a recurring basis as applicable pursuant to the selections you make at time of purchase. Details regarding Add-On offers may be viewed on the Sites. Certain Add-Ons may only be available for designated operating systems or have other configuration requirements. Add-Ons may be subject to Supplemental Terms, and by purchasing such Add-Ons, you are agreeing to be bound by the applicable Supplemental Terms.
IDSeal may make additional Services available to you at no additional cost for promotional purposes (each, a "Promotion"). IDSeal reserves the right to discontinue a Promotion at any time, with or without notice. IDSeal may, but is not obligated to, offer you the ability to purchase Services that have previously been offered as a Promotion. You may not be able to take advantage of a Promotion if your devices and operating system do not meet the system requirements for the Promotion or are not compatible with the Promotion. No refunds or credits will be issued in connection with Promotions for any reason, including for your inability to access or use a Promotion.
5. Your Right to Cancel; Refunds.
You have the right to cancel your Membership at any point during your Membership Term. You may cancel by contacting Identity Care via chat or by phone at 1-888-325-5865 Monday through Friday between 10 am and 7 pm eastern time (excluding holidays) or you may terminate in a writing sent via email or USPS to the IDSeal address shown in Article 17. You may also cancel online through the Security Center if you are a resident of a state where the option to cancel online is required by Applicable Law.
You understand and agree that if you cancel after the applicable time period specified herein for refunds (the "Refund Period") you will not be entitled to a refund. The Refund Period is three (3) business days from the date of your Enrollment unless the applicable consumer protection laws in your jurisdiction mandate a longer Refund Period or if your plan comes with a "two-week guarantee" which means your Refund Period is fourteen (14) days from your Enrollment date. You may cancel your Membership and receive a refund if your cancellation is received by IDSeal by midnight on the final day of the Refund Period. Refunds will only be provided for cancellations that are made within the applicable Refund Period.
If you cancel your Membership after the Refund Period but prior to the expiration of the then-current Payment Period, then IDSeal will continue providing the Services until the Expiration Date of the current Payment Period. However if you request termination on a specific date or submit your request for cancellation online through the Security Center then IDSeal will discontinue providing the Services on the date requested but no refund will be given for the remainder of the Payment Period. You may contact us to request resumption of the Services if you terminate in this manner but wish to continue receiving the Services through the end of the current Payment Period.
If you purchase any Add-Ons or other Services for which IDSeal incurs a charge, your refund will equal the amount you paid for the Membership less the amount of such charges to IDSeal. Purchases of additional credit reports or scores are nonrefundable. Subject to Applicable Law, all amounts due to IDSeal for Services received and Add-Ons purchased and processed prior to IDSeal's receipt of the applicable cancellation request shall immediately become due and payable upon cancellation. The obligation to pay for such Services shall survive any expiration, termination, or cancellation of your Membership or this Agreement.You hereby consent to IDSeal, at IDSeal's discretion, charging your most recent Payment Method for such amounts when due.
6. Our Right to Terminate;
IDSeal may terminate your Membership for any reason upon notice to you, which termination will be effective the sooner of the date specified in the notice or the end of the applicable Payment Period. Upon the effective date of any such termination, IDSeal will stop billing you for the fees and your access to the Services will be terminated.
If you breach this Agreement, or IDSeal determines, in its sole discretion, that Membership Services have been obtained or used fraudulently, are being used for purposes in conflict with Applicable Law or this Agreement, or are otherwise being abused or used in a manner not contemplated by or intended by this Agreement or that may be harmful to IDSeal or its other users, IDSeal may terminate your Membership (or any Services included therein) immediately and without prior notice and IDSeal reserves its rights to pursue any other remedies it may have against you at law or in equity.
You may not be listed under more than one Account. Attempts by a single member to obtain multiple Memberships or to be named under more than one Account may result in IDSeal's termination of all relevant Memberships and/or refusal to offer or sell Services to you or any other member of your household.
In the event IDSeal terminates your Membership for convenience and not for cause, then IDSeal will issue to you a prorated refund of the fees paid by you applicable to the remainder of the then-current Payment Period.
Applicable to Business Members only: The Participating Business through which your Membership is purchased may cancel your Membership at any time and for any reason, including without limitation the termination of your employment, and IDSeal shall not be liable for any claims arising from such termination.
7. Use of the Services.
You may use the Services only for your own personal, non-commercial purposes and in accordance with the Agreement, which includes any Supplemental Terms applicable to the particular Services. You may not use the Services for any illegal purpose‚ and you must abide by all applicable local‚ state‚ and federal laws, rules and regulations ("Applicable Law") when using the Services. You agree that you will use the Services only for their intended purposes, which include securing your data and identifying errors, and mitigating, protecting against, or preventing identity theft, fraud, unauthorized transactions or other potential fraudulent activity, claims or liabilities.
You are solely responsible for your use of the Services, the use of the Services by any individual you Enroll including your Dependents and any other individual utilizing your Access Credentials, and any action you take or fail to take in reliance on the Services.
The Services are not intended to, and do not, constitute legal, professional, or financial advice, are not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your attorney, tax advisor, financial planner, or other professional advisor with any questions you may have regarding such matters. Our representatives are not authorized to provide any such advice or make any claims, guarantees, or representations of expected results on our behalf. No written or verbal statement by our representatives shall supplement or amend this Agreement. We do not guarantee that any particular outcome will be achieved through the Services.
8. Personal Information.
Some of the information that you must provide during Enrollment is personally identifiable information that is subject to applicable data protection laws ("Personal Information"). This Personal Information may be shared with our parents, subsidiaries, and other affiliated entities (collectively, "Affiliates") and third-party data sources and service providers (collectively, "Providers") in accordance with the Privacy Policy in order to verify your identity, charge the fee (as defined in Article 4), and otherwise as necessary to process your Enrollment and deliver the Services.
At all times during your Membership, you agree to keep all Personal Information provided to IDSeal up to date, accurate, current and complete, including without limitation your email address. You may update your Personal Information by contacting Identity Care via chat or at 1-888-325-5865, or for certain Personal Information by accessing your Account via the member portal located on the Sites (the "Member Portal"). You agree that IDSeal shall have no obligation to verify your Personal Information and that IDSeal may rely on your Personal Information that you provide as accurate, current, and complete.
You agree that IDSeal may use your Personal Information in accordance with the Privacy Policy, and you authorize IDSeal, its Affiliates, and their respective Providers to obtain various information and reports about you and any of your Enrolled Dependents as IDSeal deems reasonably necessary or desirable in the course of providing the Services.
9. Electronic Communications.
You agree to the use of electronic communication in order to enter into this Agreement and to purchase Services and agree and consent to the electronic delivery of notices, invoices, and other communications that we provide in connection with your Membership (the "Communications"). You further waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under Applicable Law, which require an original, non-electronic signature or delivery or retention of non-electronic records.
Communications will be sent to the email address that you provide during the Enrollment process as may be updated by you from time to time through the methods we designate. It is your responsibility to keep the primary email address listed on your account with us up to date so that we can communicate with you electronically. Spam filtering of emails may require you to add our email address to your email address book or "safe senders" list. You understand and agree that an electronic communication is deemed successfully sent once emails are sent to the primary email address listed on your Account, and our notice to you will be deemed to have been given on the first business day after sending by email.
In the event that IDSeal is unable to deliver email messages to you after multiple attempts due to reasons beyond our control (i.e., your email address is no longer valid, your email box becomes full, or your email provider sends our communications to a SPAM or junk e-mail folder, or uses a "safe sender" process), or IDSeal discovers that any other portion of your Personal Information is or becomes inaccurate, then IDSeal may suspend all or any portion of the Services pending resolution of the issue.
10. Change in Terms.
Subject to these Terms and Applicable Law, and except for a Material Change, IDSeal fully reserves the right to modify, add, eliminate or otherwise change (collectively, "Change") any portion of this Agreement or the Services (including any benefits or features thereof), or any term or condition applicable to all or any portion of the Services or your Membership, without direct, individual notice to you. Notwithstanding the foregoing, IDSeal will endeavor to provide timely notice of any Change on one or more of the Sites. Any Change may be made effective at IDSeal's election upon the implementation date, the date IDSeal posts notice of the Change, or prospectively to a date chosen and specified by IDSeal. Subject to these Terms and Applicable Law, by continuing to remain a Member or use the Services after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to cancel your Membership as provided for in these Terms.
Notwithstanding the foregoing provisions of this Article 10, any Change to the Dispute Resolution Provisions or other material Change made to these Terms following your Enrollment and during your Membership Term (each, a "Material Change") may be made only by way of mutual consent. In the event of a Material Change, IDSeal will deliver email notice to you of same at the address associated with your Account, and may also provide such notice in the Member Portal or on one or more of the Sites, and you will then have ten (10) days from the date of such notice to cancel your Membership by written notice to IDSeal, failing which, you will be deemed to have consented to the relevant Material Change and such Material Change will be immediately effective upon the expiration of such 10-day period without any further notice and will continue to be effective for the duration of your Membership Term. In the event you cancel based on a Material Change within the 10-day Refund Period, if you are not a Business Member then IDSeal will issue to you a prorated refund of the fees paid by you applicable to the remainder of the then-current Payment Period.
11. Indemnification
You agree to defend, indemnify, and hold harmless IDSeal, its Affiliates, licensors, Providers, Provider's affiliates and service providers, and its and their respective owners, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to the violation ofApplicable Law, breach of this Agreement, use, misuse, or inability to use the Services or Sites (including, any use, misuse, or inability to use the content, services, or information contained in or received through the Services or Sites) by you, your Dependents, or any other individual that you Enroll or who obtains access to or uses the Services or Sites by or through you.
12. Notice of Prosecution.Access to and use of password-protected and/or secure areas of the Sites is restricted to (i) Members accessing and using their own Account on behalf of themselves or a Dependent, and (ii) authorized IDSeal personnel or agents. Individuals attempting to access these protected or secure areas of the Sites without authorization may be subjected to prosecution. Failure to comply with the FCRA may result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution. You acknowledge and agree that IDSeal will cooperate with law enforcement in connection with any such actions or prosecutions.
13. NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITES, AND ALL INFORMATION CONTAINED IN THE SERVICES AND ON THE SITES ARE OFFERED AND PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. IDSEAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, IDSEAL DOES NOT GUARANTEE OR WARRANT THE ACCURACY, CORRECTNESS, TIMELINESS, COMPLETENESS, CURRENTNESS, OF THE SERVICES OR THE SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY BUSINESS PARTICIPANT, IDSEAL, ITS AFFILIATES OR PROVIDERS OR THEIR RESPECTIVE REPRESENTATIVES, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR IDSEAL'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL IDSEAL OR ANY OF ITS AFFILIATES OR ANY OF THE PROVIDERS OR THE PROVIDERS' AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SITES, THE INFORMATION CONTAINED IN THE SERVICES OR ON THE SITES, THE USE OR INABILITY TO USE THE SERVICES OR THE SITES, ANY LINKED WEBSITE, OR ALL OR ANY PORTION OF THE SERVICES OR THE SITES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OTHER ECONOMIC LOSSES, OR LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND EVEN IF IDSEAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD BE AWARE OF SUCH POSSIBILITY.
IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF IDSEAL, ITS AFFILIATES, ITS PROVIDERS, ITS PROVIDERS' AFFILIATES, OTHER SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THE SERVICES, THIS AGREEMENT, OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), AND OTHERWISE, EXCEED SIX (6) MONTHS OF THE FEES ACTUALLY PAID BY YOU TO IDSEAL FOR THE SERVICES. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
THE EXCLUSIONS AND LIMITATIONS OF WARRANTIES, LIABILITY AND DAMAGES SET FORTH HEREIN ARE SUBJECT TO APPLICABLE LAW AND DO NOT AFFECT ANY LIABILITY OR WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you are dissatisfied with the Services or the Sites, your sole and exclusive remedy is to discontinue accessing and using the Services and the Sites and cancel your Membership. If you have any other dispute with us arising under this Agreement, you agree to resolve such dispute only in accordance with the Dispute Resolution process set forth in Article 15 hereof.
14. Intellectual Property.
The IDSeal name and logo, the Services, the Sites and all content and elements of or related to the foregoing, are the trademarks, copyrights, and other intellectual property of IDSeal or its Affiliates. Other product and company names mentioned in this Agreement, the Services, or on the Sites are the intellectual property of their respective owners. No use of any of this intellectual property may be made by any third party without prior express written consent of IDSeal or the relevant owner, which consent may be withheld, conditioned or delayed in such party's sole discretion. The Site content may not be copied in whole or in part, and no logo, graphic or image on the Sites may be copied or retransmitted in whole or in part, in each instance without the prior express written consent of IDSeal, which consent may be withheld, conditioned or delayed in IDSeal's sole discretion.
You agree that you shall not reverse engineer, decompile, or otherwise attempt to obtain the source code of or otherwise duplicate or modify the Sites or the Services. This Agreement does not convey to you any ownership or other rights in the Services or Sites, or in any intellectual property rights or other proprietary rights embodied therein by implication, estoppel or otherwise except for the limited rights to use the Services and Sites expressly granted under this Agreement. Title to the Services and the Sites and the intellectual property rights and proprietary rights embodied therein (including all components, derivatives, and modifications thereof) shall at all times remain vested in IDSeal or its licensors.
15. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THE FOLLOWING DISPUTE RESOLUTION PROVISIONS CAREFULLY, AS THESE PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.
A. Dispute Resolution Generally.
By Enrolling and accessing or using the Services, you agree to be bound by the Dispute Resolution Provisions set forth in Sections 15(B) through 15(H) below. If either (i) IDSeal or any of its owners, officers, directors, employees, representatives or agents (for purposes of this Article 15, individually or collectively, "IDSeal"), or (ii) you has any legal claim or dispute against the other, including, but not limited to, those arising from or in connection with, or otherwise relating to, (a) the Services, (b) the Agreement, (c) your access to or use of the Services or the Sites, or (d) the actions or omissions of IDSeal, its Affiliates or its Providers pursuant to this Agreement (each, a "Dispute"), then the party initiating the Dispute must first try to contact the other to resolve the Dispute informally in good faith. IDSeal must contact you by using the contact information associated with your Account. You must write toIDSeal, LLC, Attn: Legal Department, 1000 Progress Place , Concord, NC 28025, or by email at support@idseal.com. Notwithstanding anything to the contrary herein, neither party is precluded from seeking injunctive relief in any court of competent jurisdiction for equitable remedies. Nothing herein shall prevent us from enforcing this Agreement, including without limitation terminating the Agreement for your breach.
B. Arbitration
a. All Disputes (in any case, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory), to the extent not prohibited by Applicable Law, shall be resolved by final and binding arbitration, pursuant to the Commercial Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA") (available at the following address: https://www.adr.org/sites/default/files/Commercial%20Rules.pdf) or other applicable AAA rules, as in effect at the time of the arbitration and as modified herein. You may contact the AAA in writing at one of its locations (e.g., The Rotunda, 4201 Congress Street, Suite 125, Charlotte, NC 28209). You may also obtain additional information about the AAA and its procedures from the AAA's website, at www.adr.org. Notwithstanding the foregoing in this subsection 15(B)(a), either you or IDSeal may bring an individual action against the other party in small claims court (or comparable court of competent jurisdiction) so long as the only parties to that action are you and IDSeal and the total value of the claims made in the action is less than the claim limit applicable in the jurisdiction in which the claim is filed. Following the contact required in Section 15(A) above and prior to commencing an arbitration proceeding with the AAA, a party seeking to arbitrate any Dispute must send to the other party, via certified mail, a written Notice of Dispute ("Notice"). The Notice to you must be sent by IDSeal to the address associated with your Account. The Notice toIDSeal must be addressed to IDSeal, LLC, Attn: Legal Department, 1000 Progress Place , Concord, NC 28025. The Notice must (i) describe the nature and basis of the claim or Dispute; and (ii) describe the specific relief sought. You and IDSeal each expressly agree to attempt to resolve any Dispute by first sending the Notice to the other party prior to initiating or commencing an arbitration proceeding with the AAA.
b. If a Dispute is not satisfactorily resolved within sixty (60) days after the Notice is sent, either party may then commence an arbitration proceeding with the AAA.
c. If the amount involved in the Dispute is less than $20,000, the arbitration will be conducted, at your election, (i) in person in the jurisdiction of address associated with your Account, or (ii) by telephonic hearing. If the amount in Dispute is $20,000 or more, the arbitration will be conducted in Charlotte, North Carolina. Each of you and IDSeal has the right to be represented by an attorney in any arbitration.
d. The number of arbitrators shall be mutually agreed upon by the parties; provided, however, that in event the parties cannot agree on the number of arbitrators, the AAA Rules will control. In all cases, the award of the arbitrator(s) shall be accompanied by a reasoned opinion. Punitive or exemplary damages shall be allowed only to the extent the remedy is expressly available under Applicable Law. Discovery shall consist of interrogatories, document requests, and no more than five depositions of seven hours or less each, per side; provided, however, that the arbitrator(s) may award additional discovery upon motion by either party and a showing of need and/or the inability to pursue or defend claims absent additional discovery.
e. The party initiating the arbitration must pay the applicable AAA filing fee when submitting its written request for arbitration to the AAA. Unless otherwise provided for in the AAA Rules, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between the parties.
f. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production, and evidence presentation. The arbitrator(s) shall have the authority to award the same damages and other relief that would have been available to the parties as individual claimants in court.
g. Any award may be confirmed and enforced in any court of competent jurisdiction. The arbitration will be confidential, and neither you nor IDSeal may disclose the existence, content, or results of the arbitration, except as necessary to conduct the proceedings, to confirm and enforce the award, to its own legal or financial advisors, by agreement, or as may be required by Applicable Law.
C. CLASS ARBITRATION WAIVER
EACHDISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. NO CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATIONS ARE PERMITTED EVEN IF ALLOWED UNDER THE APPLICABLE AAA RULES. EACH PARTY AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING ("CLASS ARBITRATION WAIVER"). EACH OF YOU AND IDSEAL ACKNOWLEDGE THAT THE CLASS ARBITRATION WAIVER IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTE. THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, SUCH THAT CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATION IS ALLOWED, THEN THE ENTIRETY OF SECTIONS 15(B) ABOVE AND 15(F) BELOW (BUT ONLY SECTIONS 15(B) ABOVE AND 15(F) BELOW) SHALL BE NULL AND VOID, AND IF A PARTY CHOOSES TO PROCEED WITH ITS CLAIM IT MUST DO SO IN COURT PURSUANT TO SECTIONS 15(D) AND 15(E) AND ARTICLE 16 BELOW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS, THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, AND VALIDITY OF THE CLASS ARBITRATION WAIVER AND ANY ATTENDANT QUESTION OR DISPUTE REGARDING THE VOIDANCE OF THE ARBITRATION PROVISIONS SET FORTH IN SECTION 15(B) ABOVE, SHALL IN EACH CASE BE DECIDED ONLY BY A COURT AND NOT BY AN ARBITRATOR.
NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS TO THE CONTRARY, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS, COLLECTIVE, REPRESENTATIVE, GROUP, OR APPLICABLE PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR PRAYERS FOR RELIEF, MAY BE MAINTAINED IN ANY ARBITRATION HELD PURSUANT TO THESE DISPUTE RESOLUTION PROVISIONS.
D. CLASS ACTION WAIVER IN THE EVENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF YOU AND IDSEAL AGREE THAT SUCH DISPUTE WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING.
E. JURY TRIAL WAIVER TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF YOU AND IDSEAL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
F. Delegation to Arbitrator
Except as provided in Section 15(C) above, you and IDSeal acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable.
G. Severability
If any provision contained in these Dispute Resolution Provisions is deemed invalid or unenforceable, such provision shall be modified automatically to the minimum extent necessary to render the parties' agreement to arbitrate valid and enforceable. If a provision conflicts with a mandatory provision of Applicable Law, the conflicting provision shall be severed automatically and the remainder construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder shall not be affected.
H. Termination and Survival
These Dispute Resolution Provisions shall remain in effect even after the expiration or termination of your Membership, this Agreement, or use of the Sites.
16. Governing Law and Jurisdiction.
This Agreement, including its formation, construction, interpretation, and enforceability, is governed by and shall be construed in accordance with the law of the State of North Carolina, without regard to its choice of law rules. Notwithstanding the foregoing, each of you and IDSeal acknowledge and agree that the relationship between you is an interstate commerce transaction and, accordingly, the Dispute Resolution Provisions set forth in Article 15 above, and the interpretation and the enforceability of the Dispute Resolution Provisions, are and shall be governed by the Federal Arbitration Act, notwithstanding any other law to the contrary, and no state law shall apply if, and to the extent such state law is preempted, by the Federal Arbitration Act. Subject to the foregoing, the substantive law of the State of North Carolina shall govern the substance of any Dispute arbitrated under the Dispute Resolution Provisions. Further, any court proceedings between you and IDSeal shall be governed by the laws of the State of North Carolina, without regard to its choice of law rules, and such proceedings shall take place in North Carolina; provided, however, that if you bring a small claims action as permitted in subsection 15(B)(b) above, you may do so in the jurisdiction of the address associated with your Account. Subject to the arbitration requirements contained in Section 15(B) above, for any court action brought in a jurisdiction consistent with the foregoing sentence, each of you and IDSeal agree to submit to the personal and exclusive jurisdiction of such court and waive any objection as to venue or inconvenient forum.
17. Identity Care Contact Information.
For assistance with your Membership, your Account, or the Services, please chat, call, or write IDSeal Identity Care using the following information:
IDSeal, LLC
Attn: Identity Care
1000 Progress Place
Concord, NC 28025
Chat: https://acn.idseal.com/chat
Email: support@IDSeal.com
Telephone: 1-888-325-5865 (Monday through Friday, 10am - 7pm EST)
Posting or messaging on social media platforms is not considered a form of providing notice to us hereunder, and you should not rely on or assume that we receive any communications submitted through a social media platform.
18. Supplemental Terms.Not all Memberships include the same suite of Services. Please consult your Welcome E-mail for a full list of Services included in your Membership. If you would like a new copy of your Welcome E-mail or a full listing of all Services included in your Membership, please do not hesitate to contact Identity Care by chat or at 1-888-325-5865 or support@IDSeal.com.
The Supplemental Terms that apply to the various Services are shown below. To the extent that your Membership includes the Services described in the Supplemental Terms, such Supplemental Terms are incorporated herein.
19. Miscellaneous.
A. Entire Agreement
This Agreement, including these Terms and any applicable Supplemental Terms, contains the entire agreement between you and IDSeal with respect to the subject matter hereof and supersedes any and all prior written, electronic or oral agreements and understandings between the parties regarding the Services, your Enrollment and Membership, and any access to and use of the Sites.
B. Relationship of the Parties
This Agreement is made by and between you and IDSeal. IDSeal reserves the right to utilize third parties to perform Services provided to you, however IDSeal remains solely responsible to you for the performance of IDSeal's obligations hereunder. No IDSeal Affiliate or Provider is deemed a party to this Agreement, although such Affiliates or Providers may provide certain services in connection with the Services. Accordingly, to the fullest extent possible under Applicable Law, you agree that (i) none of the IDSeal Affiliates or Providers will have any direct liability to you, your Dependents, or any other individual that you Enroll; (ii) neither you nor any Dependent or other individual that you Enroll will bring any legal claim, Dispute, or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in respect of or in connection with this Agreement or the Services against any of the IDSeal Affiliates or Providers. You may not assign this Agreement without our express, prior, written consent.
C. Waiver and Severability
No waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as provided in Section 15(G) above, which shall control for purposes of Article 15, if any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
D. Accessing the Sites and Security
You agree that you will treat your Access Credentials and any other piece of information received as part of our security procedures for access to the Sites as confidential. You also acknowledge that your Account and any other account you set up through the Application or other Sites (collectively, the "Accounts") are personal to you and agree not to provide any other person with access to such Accounts, the Sites, or portions of either using your Access Credentials or other security information. You agree to notify us immediately of any unauthorized access to or use of your Access Credentials or any other breach of security. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Accounts after you have contacted us. You also agree to ensure that you exit from your Accounts at the end of each session. You should use particular caution when accessing your Accounts from a public or shared computer so that others are not able to view or record your password or other Personal Information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of Applicable Law or this Agreement.
E. Interpretation
In the event that these Terms, the Supplemental Terms, and the Policies are determined to be in conflict, the order of precedence shall be as follows: (1) these Terms; (2) the applicable Supplemental Terms (3) the Website Terms of Use; (4) the Privacy Policy; (5) the Application Terms of Use; and (6) the Cookie Policy.
F. Survival
Those obligations and limitations that by their nature are intended to survive termination or expiration of the Agreement shall survive, including but not limited to Articles 11 through 16, 18, 19 and the obligation to pay for Services received.
IDSEAL IDENTITY MANAGEMENT SUPPLEMENTAL TERMS
Applicability.
These IDSeal Identity Management Supplemental Terms (the "Identity Management Terms") govern any purchase or use of the IDSeal products and services identified in Exhibit A attached hereto and incorporated herein (collectively, the "Identity Management Services"), and form a part of the binding Agreement between you and IDSeal described in the IDSeal Customer Terms & Conditions. The Identity Management Services are considered to be a "Service" as that term is used in the IDSeal Customer Terms & Conditions, and the IDSeal Customer Terms & Conditions apply to the Identity Management Services. Other capitalized words used in these Identity Management Terms but not defined herein have the meanings assigned in the IDSeal Customer Terms & Conditions.
Identity Management Services are made available to you only on the condition that you agree to be bound by these Identity Management Terms. If you do not agree, then do not purchase, access or use the Identity Management Services. By enrolling, accessing, or using Identity Management Services, you are representing that you have the legal capacity and authority to enter into the Agreement, and that you have reviewed, understand, and accept these Identity Management Terms as part of the Agreement without limitation or qualification.
Authentication.
Upon completion of your Enrollment, you will need to complete the Account authentication process ("Authentication") in order to enjoy full use of the Identity Management Services. However, when you Enroll the Fee for your Membership will be due regardless of whether you complete Authentication.
During Authentication, you may be asked for additional Personal Information, including sensitive information such as financial account information (which includes, without limitation, credit or debit card information), date of birth, driver's license number and SSN. The Personal Information required depends on your selected Membership plan, and the Personal Information you provide will be used in accordance with the Privacy Policy for Authentication and otherwise as necessary to deliver the Services.
Completion of Enrollment and Authentication and provision of all required Personal Information is required in order for you to have full access to and use of the Identity Management Services. In the event you fail to provide all required Personal Information, you may not have access or use of all or a portion of the Identity Management Services until such Personal Information is provided.
License Grant.
Subject to the terms and conditions contained in the Agreement, your subscription to Identity Management Services includes the grant of a personal, nonexclusive, non-transferable, non-sublicensable, and revocable limited license to access and use the Identity Management Services during your Membership Term for you and any Enrolled Dependents (the "License").
License Restrictions.
You agree that you will not use the Identity Management Services to input or attempt to access Personal Information of others, the only exception to the preceding being if you have a family plan, in which case after Enrollment you may have access to data related to Enrolled Dependents or others listed in the IDSeal system on your Account.
Your License for the IDSeal Identity Management Services is for your personal use, and you may not distribute, transfer, sublicense, make IDSeal Identity Management Services available for use by third parties or otherwise commercially exploit IDSeal Identity Management. In addition, you may not directly or indirectly (i) decompile, disassemble, reverse-engineer or otherwise try to derive source code from the Identity Management Services or use Identity Management Services in order to build a similar or competitive product; (ii) create any derivative work(s) from the Identity Management Services; (iii) remove or alter any proprietary notices or labels from the Identity Management Services; or (iv) disable, alter, tamper with, or remove any copy protection feature or disabling mechanism, or otherwise attempt to circumvent any enforcement technology in the Identity Management Services.
We may at any time in our sole discretion suspend your access to the Identity Management Services, including but not limited to for the following reasons: (i) to address a threat to the security or integrity of the Services; (ii) if you have breached the Agreement; or (iii) if any Fees you owe are not received when due.
System Requirements.
The Identity Management Services will only function properly with supported browsers and configurations. In addition, internet connectivity is required for access to and management of the Identity Management Services, and alert services are available only if you have a valid, functioning email address and have provided it to IDSeal for use with your Membership. It is your responsibility to ensure that your systems meet these minimum system requirements in order to use your selected Identity Management Services. You may view the most current Minimum System Requirements for the Identity Management Services at https://acn.idseal.com/terms-conditions#msr. The mobile application provides a subset of available features and benefits and runs natively on a Member's supported Android or iOS device. The application supports Member's Enrollment, and it can also be used in combination with IDSeal's web-hosted Services.
FCRA Disclosures.
You understand and agree that by using the credit-related Services offered as part of your Membership you are providing "written instructions" in accordance with the Fair Credit Reporting Act to IDSeal, its Providers,), the Providers' respective affiliates and each of their employees, agents, representatives, contractors, and third party providers (collectively, the "Provider Parties"), and all other credit reporting agencies including, without limitation, Experian®, Equifax®, and TransUnion®, and affiliated entities (collectively, "Reporting Agencies"), to access your credit files and those of any Enrolled Dependents from each national credit reporting agency and to exchange information about you and any Enrolled Dependents with each such national credit reporting agency in order to verify your identity and the identity of any Enrolled Dependents and to provide the Services to you and any Enrolled Dependents, subject to the FCRA and all other Applicable Law. You agree and hereby authorize IDSeal, the Providers, and the Provider Parties to provide your Personal Information and, to the extent applicable, information about your Enrolled Dependent(s), to third parties as provided in the Privacy Policy. You waive any and all claims against IDSeal, its Affiliates, their respective employees, agents, subsidiaries, affiliates, representatives and contractors, the Providers, and the Provider Parties for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize IDSeal and its Providers to obtain various information and reports about you (or about your Enrolled Dependent(s), if applicable) in order to provide the Services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.
The FCRA allows you to obtain from each 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 Reporting Agency must be obtained directly from such Reporting Agency. The credit reports provided or requested through our Website are not intended to constitute the disclosure of information by a Reporting Agency as required by the FCRA or similar laws.
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer Reporting Agency for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer Reporting Agency free of charge under the following circumstances:
- you have been denied credit, insurance or employment in the past sixty (60) days as a result of your report;
- you certify in writing that you are unemployed and intend to apply for employment in the sixty (60) day period beginning on the day you make the certification;
- you are a recipient of public welfare assistance; or
- you have reason to believe that your file at the Reporting Agency contains inaccurate information due to fraud.
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from IDSeal to dispute inaccurate or incomplete information in your credit file or to receive a copy of your consumer disclosure. The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national Reporting Agencies (Experian®, Equifax®, and TransUnion®) once every twelve (12) months through a central source. Georgia residents can receive two (2) disclosures per year. Although comprehensive, the credit reports from each of the three national Reporting Agencies that are available from IDSeal may not have the same information as a credit report obtained directly from the three national Reporting Agencies or through the central source. To request your free annual report under the FCRA, you must go to https://www.annualcreditreport.com/index.action or call 877-322-8228. IDSeal's Services are not related to any free FCRA disclosure that you are or may be entitled to.
Some of the Services include assistance in the case of lost, stolen or unauthorized use of credit or debit cards or accounts. Under federal law, your liability for fraudulent charges on credit cards is limited to $50 and on debit and cash machine cards is between $50 and $500 depending on when you notify the card issuer of the loss. On U.S.-issued Visa and Master Card cards, your liability is zero when you promptly notify the bank. Please see your issuer's terms and conditions for specific details.
Failure to comply with the FCRA may result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution. You acknowledge and agree that IDSeal will cooperate with law enforcement in connection with any such actions or prosecutions.
Credit Score Disclosures.
You acknowledge that the VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide Reporting Agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major Reporting Agencies, Experian®, TransUnion®, and Equifax®, that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from Reporting Agency to Reporting Agency because some lenders report your credit history to only one or two of the Reporting Agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.
There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if your lender gives you a score that's different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender's score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
Intended Use.
You agree to use the Identity Management Services only for their intended use, which is to assist you with monitoring and managing information related to your identity. You agree that you will not use the Services to input or attempt to access Personal Information of others, the only exception to the preceding being if you have a family plan, in which case after Enrollment you may have access to data related to Enrolled Dependents or others listed in the IDSeal system on your Account. You may not use the Services to obtain information or make decisions about anyone but yourself or your Enrolled Dependents.
You are solely responsible for your use of the Identity Management Services, the use of the Identity Management Services by any individual you Enroll including your Dependents and any other individual utilizing your Access Credentials, and any action you take or fail to take in reliance on the Services. IDSeal does not provide the Identity Management Services‚ or any advice or assistance‚ for the purpose of repairing or improving your credit report‚ credit history or credit rating or score.
The Identity Management Services are not intended to, and do not, constitute legal, professional, or financial advice, are not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your attorney, tax advisor, financial planner, or other professional advisor with any questions you may have regarding such matters. Our representatives are not authorized to provide any such advice or make any claims, guarantees, or representations of expected results on our behalf. We do not guarantee that any particular outcome will be achieved through the Identity Management Services.
IDSEAL IDENTITY MANAGEMENT SUPPLEMENTAL TERMS
EXHIBIT A
Services Description
IDSeal offers the following Identity Management Services, which may be made available as a part of a bundled solution as described on our Site. Please see the FAQ for additional information. Not all Membership plans include the same suite of Services. Please consult your Welcome E-mail for a full list of Services included with the plan you have selected. If you would like a new copy of your Welcome E-mail or a full listing of all Services included in your Membership plan, please do not hesitate to contact Identity Care by chat or at 1-888-325-5865 or support@idseal.com.
A. Dark Web Protection & Alerts
This feature scans the internet for your Personal Information that was provided upon Enrollment. To increase scanning effectiveness, you should provide additional Personal Information in your Security Center. You may add up to ten (10) debit or credit cards, nine (9) additional phone numbers, ten (10) email addresses, ten (10) bank account numbers, and one (1) driver's license number. You must provide IDSeal with the Personal Information that you would like for us to monitor and scan for on the internet, and IDSeal will send you an alert by email if such provided Personal Information is detected. This cyber monitoring feature is provided by IDSeal and one or more Providers. Because the quantity of information available on the internet is expansive and constantly changing, neither IDSeal nor its Providers guarantee that the Dark Web Protection & Alerts feature will detect all improper use of your Personal Information.
B. Insurance.
Some Memberships include identity theft insurance underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company under group or blanket policy(ies). The description provided in the Summary of Benefits is a summary and intended for informational purposes only and does not include all terms, conditions and exclusions of the policies described. Please refer to the actual policies for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions. If your identity has been stolen and you would like to make an Identity Theft insurance claim, please contact Identity Care at 1-888-325-5865.
C. White Glove Restoration.
White Glove Restoration provides you access to a Certified Fraud Resolution Agent for assistance following identity theft. "Identity theft" means that your name, address, SSN, credit card number, debit card number or other Personal Information was stolen or was used without your knowledge or approval to commit fraud or other crimes.
THE WHITE GLOVE RESTORATION FEATURE IS DESIGNED TO HELP YOU RESOLVE ISSUES ARISING FROM AN IDENTITY THEFT. THIS FEATURE IS PROVIDED TO ASSIST YOU AFTER AN IDENTITY THEFT HAS OCCURRED AND IS SEPARATE FROM ANY AND ALL PRECAUTIONS YOU SHOULD REASONABLY BE EXPECTED TO TAKE TO PREVENT IDENTITY THEFT, INCLUDING PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SSN, AND OTHER PERSONAL INFORMATION. IDSEAL'S RESTORATION SERVICES DO NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT AND/OR THE CONSEQUENCES OF IDENTITY THEFT OR FRAUD, AND IS NOT A CREDIT REPAIR SERVICE.
There are certain steps you must follow in order to obtain assistance from a Certified Fraud Resolution Agent. These steps include contacting Identity Care at 1-888-325-5865. If you contact us regarding restoration, you are agreeing to permit IDSeal and any Provider to order a copy of your credit report for the purpose of assisting you following identity theft. IDSeal may request that you provide additional evidence of unauthorized transaction(s), identity theft, or other facts related to your fraud resolution assistance request, which may include signed affidavits, law enforcement or government agency reports, receipts of expenses, insurance declaration forms, or other corroborating evidence that we may deem necessary and reasonable to provide restoration services. Further, IDSeal reserves the right to refuse any fraud resolution assistance request or provide any restoration assistance in the event you fail or refuse to provide us with any requested additional evidence.
D. Lost Wallet Protection.
The Lost Wallet Protection feature allows you to contact Identity Care at 1-888-325-5865 and work with our fraud resolution agents in the event that your purse or wallet, and the Personal Information inside, becomes lost or stolen. Our fraud resolution agents will assist you in determining which cards are missing and, if needed, will pull your credit report to determine which cards may be affected by the loss or theft. Our agents work with you to cancel the cards and get new cards re-issued in your name. In some cases, the card issuer may not allow our fraud resolution agents to cancel and reissue your credit or debit cards without you on the call.
E. Credit Bureau Monitoring.
The credit bureau monitoring feature monitors your credit file with reporting agencies for certain key changes. As part of this Service, IDSeal will facilitate your enrollment in the Experian® credit monitoring program. For Memberships that include three-bureau credit monitoring, IDSeal will offer enrollment in the monitoring programs provided by TransUnion®, Experian®, and Equifax®. Memberships that include one-bureau credit monitoring offer enrollment in one of these monitoring programs. You will only receive alerts for key changes made to the credit files at the bureaus with which you are enrolled. If you are not enrolled in credit monitoring at a particular credit bureau, you will not receive alerts to changes on files maintained by that bureau.
F. Financial Transaction Monitoring.
This feature monitors financial transactions across all linked accounts (checking, savings, investment, retirement, credit cards) and includes customizable alerts when potentially suspicious activities are detected. Includes up to two years of transaction history to verify accuracy.
G. Social Security Trace Monitoring.
This feature searches for your name, aliases, addresses and date-of-birth, in each instance associated with the SSN on file in your Account. We will alert you if we find a different name, address or date-of-birth associated with your SSN in the publicly available databases we search. This feature also alerts you when we detect the creation of a credit file associated with a Dependent's SSN, in addition to monitoring the dark web for fraudulent names, aliases and addresses that become associated with your Dependent's SSN. This feature is only for Dependents and, once your Dependent becomes 18 years of age, monitoring of that Dependent's information will automatically cease. The Dependent may, however, be eligible for their own sub-membership under your Membership. Please contact Identity Care via chat or at 1-888-325-5865 with any inquiries.
H. Full 3 Bureau Credit Report + Score.If your Membership plan includes three-bureau credit reports and scores, you will have access to the applicable credit reports and scores when you log into your Security Center for the first time if you have a Platinum-series plan or fifteen days after enrollment if you have a Premier Pro plan, and thereafter the reports and scores will be updated every six months during the term of your Membership. Members who have a Premium plan with one-bureau credit reports and scores will have access to such report and score fifteen days after Enrollment and will receive a report and score annually thereafter during the term of their Membership. Once you access your credit report and score, it will remain accessible in your Security Center until the next report and score are available. You will receive a reminder via email when a new credit score is ready to view. Certain Membership plans may offer additional credit reports and scores for purchase on an a la carte basis.
I. Sex Offender Geo Monitoring.
This feature provides a report of all registered sex offenders living within a defined radius of the zip code associated with your Account, and alerts you when we detect that a new registered sex offender moves in. It also notifies you if it detects that a sex offender has used your Personal Information to register.
J. Change of Address Monitoring.
This feature checks against the mailing address associated with your Account and sends email alerts to you if an address change with the United States Postal Service (USPS®) has been detected.
K. Score Tracker.
This feature permits you to view your single-bureau credit score or tri-bureau in your Security Center, depending on your Membership plan. The score is updated monthly, and a chart will depict the month-to-month changes to your score. You will receive a reminder via email when a new credit score is ready to view.
L. Instant Credit Application Monitoring
This feature is used to detect whether your Personal Information is being verified for authenticity by monitoring millions of monthly authentications for bank credit cards, auto loans, telecom applications, pre-paid credit cards, student loans, and payday loans. Also, this feature will send alerts when inquiries made to reporting agencies regarding your credit report or score are detected.
M. Fraudulent Criminal Record Monitoring.
This feature tracks municipal court systems and alerts you if it detects that a criminal incident is reported in the court system under your name. The feature also collects current data at the state and county level.
N. Payday Loan Monitoring.
This feature provides payday loan-monitoring which tracks certain loans associated with your identity. An alert will be sent when the payday monitoring feature detects that a payday or quick-cash loan which does not require a SSN or credit inquiry to complete is taken out in your name.
O. Social Media & Reputation Protection & Alerts.
This feature provides alerts for privacy and reputation risks found in connection with the social network accounts associated with your Account. IDSeal is able to monitor (4) four social media platforms, including Facebook®, Instagram®, Twitter® and LinkedIn®; however IDSeal only monitors (1) account per platform, per Member.
P. Early Warning Signs.
This feature will notify you if we detect that your identity is used for new credit card or bank account applications, changes are made to your personal information in your bank accounts on file with IDSeal, or a new signer is added to an existing account.
Q. Child Social Media & Reputation Protection Alerts
This feature allows a Member parent to monitor his or her Dependents' Facebook®, Instagram®, Twitter®, and LinkedIn® profiles, comments, and wall posts for privacy, reputational and child-specific risks. Privacy risks include instances where the social network(s) is sharing certain Personal Information publicly. Reputational risks consider content that may prove detrimental to the Dependent's reputation like foul language, sexual content, drug and alcohol references, etc. Child-specific risks include cyberbullying, grooming, and weapons references. In the event that the Service locates a risk, the Service alerts the Member. The Social Network Monitoring (Child/Dependent) alerting database is updated every 24 hours.
R. Child Dark Web Protection & Alerts
This feature allows a Member parent to monitor his or her Dependents' Personal Information that was provided after Enrollment specific to the Dependent. To increase scanning effectiveness, you should provide additional Dependents' Personal Information. You may add one (1) debit or credit card, one (1) phone number, one (1) email address, one (1) bank account number, and one (1) medical ID number. You must provide IDSeal with the Personal Information that you would like for us to monitor and scan for on the internet, and IDSeal will send you an alert by email if such provided Dependents' Personal Information is detected. This cyber monitoring feature is provided by IDSeal and one or more Providers. Because the quantity of information available on the internet is expansive and constantly changing, neither IDSeal nor its Providers guarantee that the Dark Web Protection & Alerts feature will detect all improper use of your Personal Information.
IDSEAL® PRO-TEC SUPPLEMENTAL TERMS
1. Applicability.
These IDSeal Pro-Tec® Supplemental Terms (the “Pro-Tec Terms”) govern any purchase or use of the IDSeal products and services identified in Exhibit A attached hereto and incorporated herein (collectively, “Pro-Tec”), and form a part of the binding Agreement between you and IDSeal described in the IDSeal Customer Terms & Conditions. Pro-Tec is considered to be a “Service” as that term is used in the IDSeal Customer Terms & Conditions, and the IDSeal Customer Terms & Conditions apply to Pro-Tec. Other capitalized words used in these Pro-Tec Terms but not defined herein have the meanings assigned in the IDSeal Customer Terms & Conditions. In the case of a conflict between these Pro-Tec Terms and the IDSeal Customer Terms & Conditions, these Pro-Tec Terms shall govern.
Pro-Tec is made available to you only on the condition that you agree to be bound by the Pro-Tec Terms. If you do not agree, then do not purchase, access or use Pro-Tec. By enrolling, accessing, or using Pro-Tec, you are representing that you have the legal capacity and authority to enter into the Agreement, and that you have reviewed, understand, and accept these Pro-Tec Terms as part of the Agreement without limitation or qualification.
2. Software.
The Pro-Tec Services include software that a user must download and install (the “Software”) on a computer or mobile device that has the Minimum System Requirements defined in Exhibit A (each, a “Device”). Some features may only be available using certain browser extensions and not all features are available on all Devices or operating systems. Some features are intended for use while a Device is online or require a Device to periodically be connected to the internet.
3. License Grant.
Subject to the terms and conditions contained in the Agreement, your subscription to Pro-Tec includes the grant of a personal, nonexclusive, non-transferable, non-sublicensable, and revocable limited license to download and install the Software on the number of Devices agreed at the time of your purchase, and to use those Pro-Tec Services which you have purchased during your Membership Term (the “License”).
4. License Restrictions.
Your License for Pro-Tec is for your personal use, and you may not distribute, transfer, sublicense, make Pro-Tec available for use by third parties or otherwise commercially exploit Pro-Tec. You are not permitted to use, store, transmit, copy, or modify Pro-Tec in any manner not expressly permitted by these Pro-Tec Terms. In addition, you may not directly or indirectly (i) decompile, disassemble, reverse-engineer or otherwise try to derive source code from Pro-Tec or use Pro-Tec in order to build a similar or competitive product; (ii) create any derivative work(s) from Pro-Tec; (iii) remove or alter any proprietary notices or labels from Pro-Tec; or (iv) disable, alter, tamper with, or remove any copy protection feature or disabling mechanism, or otherwise attempt to circumvent any enforcement technology in Pro-Tec.
We may at any time in our sole discretion suspend your access to the Pro-Tec Services, including but not limited to for the following reasons: (i) to address a threat to the security or integrity of the Services; (ii) if you have breached the Agreement; or (iii) if any Fees you owe are not received when due.
Use of the Software on multiple Devices simultaneously is permissible only up to the number of Devices described in Exhibit A for the Pro-Tec Services you have purchased. If you wish to change the Device on which you have installed the Software, you must delete the Software from such Device and install the Software on your new Device. If you have installed the Software on a Device that you sell or otherwise transfer ownership of then you must ensure that any Software is removed from such Device prior to transfer. Pro-Tec may contain enforcement technology that limits the size of data storage, bandwidth consumption, or the number of Devices on which the Software may be installed.
IDSeal Antivirus leverages the Avira SAVAPI SDK package, which includes third-party code licensed for use and distribution under open source licenses that may include terms and conditions applicable to your use of IDSeal Antivirus.
Pro-Tec is not designed or intended for use in special or high risk areas such as nuclear-facilities, food or pharmaceutical production, or aviation, weapons, or life-support systems, or any other application in which the failure of the Services could lead to death, personal injury, or severe physical or property damage. You may not use Pro-Tec in such environments, and we expressly disclaim any implied warranty of fitness for such use.
You agree that you will not directly or indirectly export, download, transmit, or permit access to or use the Software or Services and its related documentation, including technical data, in any country to which export, transmission or access is restricted by regulation, statute, or other law, without obtaining authorization from the appropriate government authorities and/or regulatory bodies.
5. Customer Data.
To the extent the Services allow you to store, copy, sync, transfer, submit, or upload files, documents, photos, videos, and other information, content, materials or data (“Customer Data”), you grant us a worldwide, non-exclusive, royalty-free, fully-paid up, transferable and sublicensable right to use, reproduce, store, and remove the Customer Data solely for the purpose of performing this Agreement. You shall retain all other rights in the Customer Data. In the event you post or provide us with any reviews, comments, information, opinions, or suggestions related to the Services, you acknowledge and agree that we may use them without restriction, for any purpose and without compensation to you.
You represent and warrant that the Customer Data and your use of the Services shall not (i) violate Applicable Law or infringe upon any third party right; (ii) unduly interfere with or otherwise adversely affect our ability to provide the Services; (iii) harm our infrastructure, operations, or reputation or those of our Affiliates, business partners, or customers; or (iv) contain, enable, or initiate a denial of service attack, software virus, malware, or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware.
You acknowledge and agree that Customer Data will be irretrievably deleted upon cancellation, termination or non-renewal of the License, and we may remove Customer Data at any time, for any reason, with or without notice.
6. Customer Environment.
You are solely responsible for the performance of your Devices including operating systems, software, applications, data, hardware, networked devices, and internet connectivity (the “Customer Environment”). Your use of the Services will be affected by the performance of your Customer Environment. You are solely responsible for the cost of your Customer Environment, including the cost of ensuring that your Devices continue to meet the Minimum System Requirements as they may be updated from time to time. You are also responsible for any charges incurred with your data- or mobile-service provider in connection with your use of the Software or Services.
You are responsible for installing the Software and any associated updates on your Devices and configuring the Pro-Tec Services to meet your needs. Your subscription to Pro-Tec includes technical support, which we will make available to you in accordance with our current standard support offerings. We are not responsible for supporting your Customer Environment.
You are required to maintain the basic security of the systems and Devices you use to access the Services to prevent use of the Services by third parties in a manner that violates this Agreement.
7. Modifications, Updates, and Upgrades.
We may modify or add new features or functionality to Pro-Tec as a new version of the Services (an “Upgrade”) and offer you the Upgrade at no additional charge or we may condition your use of an Upgrade on the payment of additional Fees.
We also may provide certain incremental revisions to Pro-Tec (an “Update”) at no additional charge to you. Updates may include important improvements to the security and functionality of the Software and may alter the appearance or operation of the Software. In in order to ensure that you are running the latest version of the Software on your Devices you give us permission to install Updates on your Devices automatically when available, to the extent that it is possible for us to run such background installations. In the event we are unable to automatically install Updates, you agree to install Updates when we make them available to you.
You acknowledge and agree that we may, at any time and without notice to you, change the Minimum System Requirements or discontinue, suspend or modify (i) the Software or Services, (ii) any functionality or feature of the Software or Services or (iii) the availability of the Software and Services on any particular Device.
8. Disclaimers.
You acknowledge and agree that you have assessed your needs and Devices as well as the Product Descriptions, Minimum System Requirements, and cost of Pro-Tec and that you bear the entire risk associated with the Services meeting your individual requirements, even if we have provided guidance to assist with your selection of the Services.
We have implemented administrative, physical and technical safeguards designed to secure Customer Data from accidental loss and unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to circumvent these measures or use your Account or Customer Data for improper purposes. You are solely responsible for the proper backup of Customer Data, and you are solely responsible for any loss, corruption, or damage to Customer Data or the Customer Environment.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS ASSOCIATED WITH LOST OR DAMAGED CUSTOMER DATA OR FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM UNAUTHORIZED ACCESS OR USE OF THE SOFTWARE, THE SERVICES, YOUR ACCOUNT, THE CUSTOMER DATA, OR THE CUSTOMER ENVIRONMENT.
9. License Term and Termination.
Your License commences as soon as you have received access to Pro-Tec (for example, by being provided a license key), regardless of whether you actually access or use Pro-Tec.
Your License will automatically terminate upon termination of your Membership, and you will no longer be authorized to use or access Pro-Tec and you must promptly delete the Software from your Devices. Upon such termination, your Customer Data will be deleted. It is your responsibility to store or backup your Customer Data in an alternative location before this Agreement expires or is terminated.
IDSEAL® Pro-Tec SUPPLEMENTAL TERMS
EXHIBIT A
Product Description and Minimum System Requirements
IDSeal Pro-Tec®. (Up to 4 devices). IDSeal Pro-Tec® is a privacy enhancement solution designed to protect digital devices and information. IDSeal Pro-Tec® offers Members the following features subject to availability on your Device and internet connection as applicable:
Dark Web Scanner
The dark web scanner employs a unique algorithm that allows you to search for occurrences of your passwords or email addresses in databases that have been stolen by hackers and are being bought and sold on the dark web.
Virtual Private Network (VPN)
The VPN feature provides online privacy by allowing you to connect to a VPN server so you can mask your IP address and send your internet data through a secure encrypted tunnel established between you and your endpoint so that you can keep your internet activity and location private. Please note that some countries and companies block the use of VPNs.
Login Encryption & Password Vault
This feature lets you scan your Device for traceable login credentials you have used with websites, portals, or service providers and then encrypt those passwords and store them in a vault for safekeeping.
Personal Profile Protection
The personal profile protection feature helps limit identifying information that could be stolen from your Device by making it easy to find and delete all the user profiles (phone numbers, email addresses, mailing addresses, credit card information, etc.) that are stored on your Device in connection with “auto-fill” functions.
Ad Blocker
Enabling this feature blocks both static and dynamic banner ads, making your browsing experience more efficient and enjoyable by allowing you to surf the web without annoying flashing banners and distracting ads.
Safe Browsing/Real-Time Protection & Alerts
This feature gives you confidence to browse the web freely by warning you when you encounter unsafe websites that could expose you to malware, spyware, viruses, and other malicious scripts and monitoring your Device for phishing attempts, blocking them in real time, and alerting you.
Tracking Blocker
The tracking blocker feature works to block tracking records that include your personal digital information that can be used by third parties and hackers.
Digital Fingerprint Scrambler
This feature takes the data a website collects behind-the-scenes and uses to identify your Device, known as your “digital fingerprint”, and scrambles it either automatically or on-demand, creating a fake digital fingerprint in its place so websites won’t be able to track your personal browsing patterns.
Browsing Tracks & Scanner Cleaner
This feature allows you to deep clean your Device by removing browsing records, cookies, and other items that track your browsing patterns so that you can proactively reduce the chances of those credentials being stored and abused. The set-and-forget setting lets you automatically block cookies that are suspected of being privacy-risking or malicious.
Document Scanner & Encrypted Documents Vault
The document scanner feature locates documents on your Devices that may contain sensitive information such as bank account or credit card numbers and other personally identifying information, and prompts you to either delete the files or store them using the encrypted documents vault feature so that they are safeguarded in one secured location, both encrypted and masked, as protection against your information being found and abused.
Webcam & Microphone Blocker
This feature allows you to digitally block malicious attempts to access your Device’s camera and microphone by third parties that may try to eavesdrop or peep into your personal life.
Privacy Advisor
The privacy advisor feature evaluates the permissions on your Device, categorizes them by risk level, and makes recommendations regarding these settings to improve privacy. This feature is only available on Android devices.
IDSeal ANTIVIRUS. (Up to 4 devices). IDSeal Pro-Tec® is offered as a bundle with IDSeal Antivirus to provide additional protection from malicious programs that threaten personal computers and Android mobile devices that meet the Minimum System Requirements. IDSeal Antivirus utilizes active protection mechanisms that monitor, block, and alert when a threat is detected. Harmful incoming emails are blocked and quarantined and your computer can be automatically scanned for threats on a defined schedule. Easy to install and use, IDSeal Antivirus also includes extra tools and features such as a history cleaner and start-up manager to help keep your computer protected and operating efficiently. IDSeal Antivirus includes the following features:
All-In-One PC Security
Antivirus detects and removes not just viruses, but also spyware, rootkits, ransomware, malware, bots, trojans, and similar threats.
Real-Time Active Monitoring And Protection
Utilizing multiple detection methods and advanced algorithms, Antivirus monitors and combats online and local security issues in real time.
Ransomware Protection
Antivirus detects and removes any known ransomware before it can take action and harm your PC.
Internet Security
Antivirus works while you browse the internet to protect you from malicious websites and online attempts to attack your computer and infect it with malware.
Deep Threat Scanning
Utilizing one of the most extensive threat databases available, Antivirus scans and eliminates threats that other products in the industry may fail to detect. Antivirus automatically updates its databases and virus definitions on a daily basis, drawing from a variety of sources to optimize the on-guard status of your Device.
Scheduled Scans
Antivirus scheduler allows you to “set-and-forget” so that Antivirus automatically scans your Device and is proactively working to protect your Device at all times.
Automatic Virus Definition Database Updates
The virus, spyware and malware database automatically updates. (Requires internet connection).
MINIMUM SYSTEM REQUIREMENTS
“Minimum System Requirements” means the supported devices and operating systems that the particular Pro-Tec product and features will function properly with, as listed on our website. You may always view the most current Minimum System Requirements for Pro-Tec at https://acn.idseal.com/terms-conditions/#msr. It is your responsibility to ensure that your systems meet the Minimum System Requirements in order to use Pro-Tec.
For computers, the Minimum System Requirements include the following:
At least 2GB of RAM.
Intel Pentium® 4 processor or above, or AMD Athlon™ 64. (1.5Ghz or faster)
400 MB of free hard drive space.
Windows 8, Windows 8.1, Windows 10; or macOS 10.15 or later
Installation of the Software, receipt of Updates, and use of those features that pertain to internet browsing or scanning of websites require that your Device be connected to the internet.
Generally, the Minimum System Requirements for Android/iOS devices are as set forth in the Google Play or AppStore, and:
- Android requires 5.0 and up.
- iOS requires iOS 13.4 or later.
IDSEAL VPN+ SUPPLEMENTAL TERMS
Applicability.
These IDSeal Security VPN+ Terms (the “VPN+ Terms”) govern any purchase or use of the IDSeal products and services identified in Exhibit A attached hereto and incorporated herein (collectively, “VPN+”), and form a part of the binding Agreement between you and IDSeal described in the IDSeal Customer Terms & Conditions. VPN+ considered to be a “Service” as that term is used in the IDSeal Customer Terms & Conditions, and the IDSeal Customer Terms & Conditions apply to VPN+. Other capitalized words used in these VPN+ Terms but not defined herein have the meanings assigned in the IDSeal Customer Terms & Conditions. In the case of a conflict between these VPN+ Terms and the IDSeal Customer Terms & Conditions, these VPN+ Terms shall govern.
VPN+ is made available to you only on the condition that you agree to be bound by the VPN+ Terms. If you do not agree, then do not purchase, access or use VPN+. By enrolling, accessing, or using VPN+, you are representing that you have the legal capacity and authority to enter into the Agreement, and that you have reviewed, understand, and accept these VPN+ Terms as part of the Agreement without limitation or qualification.
Software
VPN+ includes software that a user must download and install (the “Software”) on a computer or mobile device that has the Minimum System Requirements defined in Exhibit A (each, a “Device”). Some features may only be available using certain browser extensions and not all features are available on all Devices or operating systems. Some features are intended for use while a Device is online or require a Device to periodically be connected to the internet.
License Grant.
Subject to the terms and conditions contained in the Agreement, your subscription to VPN+ includes the grant of a personal, nonexclusive, non-transferable, non-sublicensable, and revocable limited license to download and install the Software on the number of Devices agreed at the time of your purchase, and to use VPN+ during your Membership Term (the “License”).
License Restrictions.
Your License for VPN+ is for your personal use, and you may not distribute, transfer, sublicense, make VPN+ available for use by third parties or otherwise commercially exploit VPN+. You are not permitted to use, store, transmit, copy, or modify VPN+ in any manner not expressly permitted by these VPN+ Terms. In addition, you may not directly or indirectly (i) decompile, disassemble, reverse-engineer or otherwise try to derive source code from VPN+ or use VPN+ in order to build a similar or competitive product; (ii) create any derivative work(s) from VPN+; (iii) remove or alter any proprietary notices or labels from VPN+; or (iv) disable, alter, tamper with, or remove any copy protection feature or disabling mechanism, or otherwise attempt to circumvent any enforcement technology in VPN+.
We may at any time in our sole discretion suspend your access to VPN+, including but not limited to for the following reasons: (i) to address a threat to the security or integrity of VPN+ or other Services; (ii) if you have breached the Agreement; or (iii) if any Fees you owe are not received when due.
Use of the Software on multiple Devices simultaneously is permissible only up to the number of Devices allowed for the plan you have purchased. If you wish to change the Device on which you have installed the Software, you must delete the Software from such Device and install the Software on your new Device. If you have installed the Software on a Device that you sell or otherwise transfer ownership of then you must ensure that any Software is removed from such Device prior to transfer. VPN+ may contain enforcement technology that limits the size of data storage, bandwidth consumption, or the number of Devices on which the Software may be installed.
VPN+ leverages the Avira SAVAPI SDK package, which includes third-party code licensed for use and distribution under open source licenses that may include terms and conditions applicable to your use of VPN+.
Our VPN feature is a derivative work of a VPN service provided by Private Communications Corporation, which utilizes OpenVPN as its underlying technology, an open source software that uses VPN techniques to create secure point-to-point or site-to site connections in routed or bridged configurations and remote access facilities. OpenVPN is licensed under both the terms of the OpenVPN license and GPLv2.
VPN+ is not designed or intended for use in special or high risk areas such as nuclear-facilities, food or pharmaceutical production, or aviation, weapons, or life-support systems, or any other application in which the failure of the Services could lead to death, personal injury, or severe physical or property damage. You may not use VPN+ in such environments, and we expressly disclaim any implied warranty of fitness for such use.
You agree that you will not directly or indirectly export, download, transmit, or permit access to or use the Software, VPN+, or Services and its related documentation, including technical data, in any country to which export, transmission or access is restricted by regulation, statute, or other law, without obtaining authorization from the appropriate government authorities and/or regulatory bodies.
Customer Data
To the extent VPN+ allows you to store, copy, sync, transfer, submit, or upload files, documents, photos, videos, and other information, content, materials or data (“Customer Data”), you grant us a worldwide, non-exclusive, royalty-free, fully-paid up, transferable and sublicensable right to use, reproduce, store, and remove the Customer Data solely for the purpose of performing this Agreement. You shall retain all other rights in the Customer Data. In the event you post or provide us with any reviews, comments, information, opinions, or suggestions related to VPN+ or other Services, you acknowledge and agree that we may use them without restriction, for any purpose and without compensation to you.
You represent and warrant that the Customer Data and your use of VPN+ shall not (i) violate Applicable Law or infringe upon any third party right; (ii) unduly interfere with or otherwise adversely affect our ability to provide VPN+ or other Services; (iii) harm our infrastructure, operations, or reputation or those of our Affiliates, business partners, or customers; or (iv) contain, enable, or initiate a denial of service attack, software virus, malware, or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware.
You acknowledge and agree that Customer Data will be irretrievably deleted upon cancellation, termination or non-renewal of the License, and we may remove Customer Data at any time, for any reason, with or without notice.
VPN+ may transfer data as part of its core operation. Such data will be encrypted and sent to the configured party, and not to IDSeal or any other third-party.
Customer Environment
You are solely responsible for the performance of your Devices including operating systems, software, applications, data, hardware, networked devices, and internet connectivity (the “Customer Environment”). Your use of VPN+ will be affected by the performance of your Customer Environment. You are solely responsible for the cost of your Customer Environment, including the cost of ensuring that your Devices continue to meet the Minimum System Requirements as they may be updated from time to time. You are also responsible for any charges incurred with your data- or mobile-service provider in connection with your use of the Software, VPN+, or other Services.
You are responsible for installing the Software and any associated updates on your Devices and configuring VPN+ to meet your needs. Your subscription to VPN+ includes technical support, which we will make available to you in accordance with our current standard support offerings. We are not responsible for supporting your Customer Environment.
You are required to maintain the basic security of the systems and Devices you use to access VPN+ to prevent use of VPN+ by third parties in a manner that violates this Agreement.
Modifications, Updates, and Upgrades
We may modify or add new features or functionality to VPN+ as a new version of VPN+ (an “Upgrade”) and offer you the Upgrade at no additional charge or we may condition your use of an Upgrade on the payment of additional Fees.
We also may provide certain incremental revisions to VPN+ (an “Update”) at no additional charge to you. Updates may include important improvements to the security and functionality of the Software and may alter the appearance or operation of the Software. In in order to ensure that you are running the latest version of the Software on your Devices you give us permission to install Updates on your Devices automatically when available, to the extent that it is possible for us to run such background installations. In the event we are unable to automatically install Updates, you agree to install Updates when we make them available to you.
You acknowledge and agree that we may, at any time and without notice to you, change the Minimum System Requirements or discontinue, suspend or modify (i) the Software or VPN+, (ii) any functionality or feature of the Software or VPN+, or (iii) the availability of the Software and VPN+ on any particular Device.
Disclaimers
You acknowledge and agree that you have assessed your needs and Devices as well as the Product Descriptions, Minimum System Requirements, and cost of VPN+ and that you bear the entire risk associated with VPN+ meeting your individual requirements, even if we have provided guidance to assist with your selection of the Services.
We have implemented administrative, physical and technical safeguards designed to secure Customer Data from accidental loss and unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to circumvent these measures or use your Account or Customer Data for improper purposes. You are solely responsible for the proper backup of Customer Data, and you are solely responsible for any loss, corruption, or damage to Customer Data or the Customer Environment.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS ASSOCIATED WITH LOST OR DAMAGED CUSTOMER DATA OR FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM UNAUTHORIZED ACCESS OR USE OF THE SOFTWARE, THE SERVICES, YOUR ACCOUNT, THE CUSTOMER DATA, OR THE CUSTOMER ENVIRONMENT.
License Term and Termination
Your License commences as soon as you have received access to VPN+ (for example, by being provided a license key), regardless of whether you actually access or use VPN+.
Your License will automatically terminate upon termination of your Membership, and you will no longer be authorized to use or access VPN+ and you must promptly delete the Software from your Devices. Upon such termination, your Customer Data will be deleted. It is your responsibility to store or backup your Customer Data in an alternative location before this Agreement expires or is terminated
Virtual Private Network (VPN) Limitations
VPN service coverage, speeds, server locations, and quality may vary and be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed at either IDSeal’s or a Provider’s discretion. IDSeal is not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. IDSeal may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in its sole discretion to protect its users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
IDSeal has a strict no-logs policy for the VPN Service, meaning that the IDSeal VPN Service is provided by an automated process, and your activities while using it are not monitored, recorded, logged, stored or passed to any third party. We do not store connection timestamps, session information, used bandwidth, traffic logs, IP addresses or other data. However, to fight abuse and enforce proper license usage, an algorithm keeps the username and the timestamp of the last session status while the session is active. This data is deleted promptly after the session is terminated.
User Account Control / UAC
UAC is a security feature of Windows which helps prevent unauthorized changes to the operating system by prompting the user for manual approval. VPN+ may disable the UAC prompts relating only to the VPN+ products in order to increase the user’s convenience and solely for the purpose of better user experience and product ease of use. At any point you, the user, can uninstall VPN+ if you feel this is an inconvenience to you.
IDSEAL VPN+ SUPPLEMENTAL TERMS
EXHIBIT A –Product Descriptions and Minimum System Requirements
IDSeal VPN+ is a solution that consists of the following features, subject to availability on your Device and internet connection as applicable. VPN+ may be used on the number of Devices indicated at the time of your purchase.
Virtual Private Network (VPN)
The VPN feature provides online privacy by allowing you to connect to a VPN server so you can mask your IP address and send your internet data through a secure encrypted tunnel established between you and your endpoint so that you can keep your internet activity and location private. Please note that some countries and companies block the use of VPNs.
Antivirus
Antivirus is designed to provide protection from malicious programs that threaten certain Devices. IDSeal Antivirus utilizes active protection mechanisms that monitor, block, and alert when a threat is detected. Harmful incoming emails are blocked and quarantined and your computer can be automatically scanned for threats on a defined schedule. Easy to install and use, IDSeal Antivirus also includes extra tools and features such as a history cleaner and start-up manager to help keep your computer protected and operating efficiently.
Dark Web Scanner
The dark web scanner employs a unique algorithm that allows you to search for occurrences of your passwords or email addresses in databases that have been stolen by hackers and are being bought and sold on the dark web.
Login Encryption & Password Vault
This feature lets you scan your Device for traceable login credentials you have used with websites, portals, or service providers and then encrypt those passwords and store them in a vault for safekeeping.
Personal Profile Protection
The personal profile protection feature helps limit identifying information that could be stolen from your Device by making it easy to find and delete all the user profiles (phone numbers, email addresses, mailing addresses, credit card information, etc.) that are stored on your Device in connection with “auto-fill” functions.
Ad Blocker
Enabling this feature blocks both static and dynamic banner ads, making your browsing experience more efficient and enjoyable by allowing you to surf the web without annoying flashing banners and distracting ads.
Safe Browsing/Real-Time Protection & Alerts
This feature gives you confidence to browse the web freely by warning you when you encounter unsafe websites that could expose you to malware, spyware, viruses, and other malicious scripts and monitoring your Device for phishing attempts, blocking them in real time, and alerting you.
Tracking Blocker
The tracking blocker feature works to block tracking records that include your personal digital information that can be used by third parties and hackers.
Digital Fingerprint Scrambler
This feature takes the data a website collects behind-the-scenes and uses to identify your Device, known as your “digital fingerprint”, and scrambles it either automatically or on-demand, creating a fake digital fingerprint in its place so websites won’t be able to track your personal browsing patterns.
Browsing Tracks & Scanner Cleaner
This feature allows you to deep clean your Device by removing browsing records, cookies, and other items that track your browsing patterns so that you can proactively reduce the chances of those credentials being stored and abused. The set-and-forget setting lets you automatically block cookies that are suspected of being privacy-risking or malicious.
Sensitive Document Detection
The sensitive document detection feature locates documents on your Devices that may contain sensitive information such as bank account or credit card numbers and other personally identifying information.
Encrypted Documents Vault
Store sensitive documents using the encrypted documents vault feature so that they are safeguarded in one secured location, both encrypted and masked, as protection against your information being found and abused.
Webcam & Microphone Blocker
This feature allows you to digitally block malicious attempts to access your Device’s camera and microphone by third parties that may try to eavesdrop or peep into your personal life.
Privacy Advisor
The privacy advisor feature evaluates the permissions on your Device, categorizes them by risk level, and makes recommendations regarding these settings to improve privacy. This feature is only available on Android devices.
PC Cleaner
PC Cleaner is a system cleaner that makes cleaning your computer a safe and straightforward process. Over time a computer becomes full of files that eventually clog the hard drive. PC Cleaner cleans files that could be causing your computer to perform at a substandard level. By cleaning up such files, PC Cleaner will help reduce system crashes and freezes. This feature is only available for the Windows platform.
MINIMUM SYSTEM REQUIREMENTS
“Minimum System Requirements” means the supported devices and operating systems that VPN+ will function properly with, as listed on our website. You may always view the most current Minimum System Requirements for VPN+ at {insert URL}. It is your responsibility to ensure that your systems meet the Minimum System Requirements in order to use VPN+.
Generally, the Minimum System Requirements for Android/iOS devices are as set forth in the Google Play or AppStore, and:
For computers, the Minimum System Requirements include the following:
At
least 2GB of RAM.
Intel Pentium® 4 processor or above, or AMD
Athlon™ 64. (1.5Ghz or faster)
200 MB of free hard drive
space.
Windows 8, Windows 8.1, Windows 10; or macOS 10.9 or
later
Installation of the Software, receipt of Updates, and use of those features that pertain to internet browsing or scanning of websites require that your Device be connected to the internet.
IDSEAL® PRO-TEC, IDSEAL ANTIVIRUS, AND IDSEAL PC CLEANER SOFTWARE END USER LICENSE AGREEMENT
You acknowledge and agree that certain of the Services rely on information and services we obtain from third parties (“Third Party Information”). To the extent that we are no longer able to obtain such Third-Party Information or that such Third-Party Information is erroneous in any way, You acknowledge and agree that IDSeal will not be liable to you for any such availability or lack of. Furthermore IDSeal shall not be responsible in cases where the Products or Services have been used in a different manner than specified by IDSeal, or in any other abusive, negligent or inappropriate manner or by third-party users of the license granted herein to the Licensee, whereby the Licensee shall be responsible for the use by such third parties and for all consequences resulting from such use.
Our products, including IDSeal Pro-Tec®, IDSeal Antivirus, and IDSeal PC Cleaner may need to send some private data as part of their core operation which you have subscribed to and elected to install and /or pay for as part of your premium license registration/subscription. Such data will be encrypted and sent to the configured party, and not to IDSeal or any other third-party. It is your responsibility to be aware of the security and privacy implications for the VPN configurations you use (such as encryption options and network routes) and the VPN servers you connect to. With the exception of the aforementioned processes, our products do not collect or send out any identifiable private data.
Virtual Private Network (VPN) – VPN service coverage, speeds, server locations, and quality may vary and be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed at either IDSeal’s or a Third Party Vendor discretion. IDSeal is not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. IDSeal may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in its sole discretion to protect its users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
IDSeal guarantees a strict no-logs policy for the VPN Service, meaning that the IDSeal VPN Service is provided by an automated process, and your activities while using it are not monitored, recorded, logged, stored or passed to any third party. We do not store connection timestamps, session information, used bandwidth, traffic logs, IP addresses or other data. However, to fight abuse and enforce proper license usage, an algorithm keeps their username and the timestamp of the last session status while the session is active. This data is deleted promptly after the session is terminated.
Our VPN feature is a derivative work of a VPN service provided by Private Communications Corporation, which utilizes OpenVPN as its underlying technology, an open source software that uses VPN techniques to create secure point-to-point or site-to site connections in routed or bridged configurations and remote access facilities. OpenVPN is licensed under both the terms of the OpenVPN license and GPLv2.
Your access to and use of the IDSeal Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the IDSeal Services to any users who infringe any applicable laws or these Terms for any reason, and/or for unlawful, illicit, illegal, criminal or fraudulent activities, or any other activity dimmed illegitimate at IDSeal’s discretion.
IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaner products are premium-only, without a trial version, and as such, access is granted only to subscribers with a valid license provided at time of purchase. During installation, certain registry items as well as tasks and/or processes may be formed in order to assist the licensed user with proper product function. These items are solely for licensed users using the premium version of the product/s and not for users that have installed the trial version only, and can be removed by uninstalling the software. Installation and use of software outside of a paying subscriber is strictly prohibited.
IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaner leverage the Avira SAVAPI SDK package, which includes third-party code licensed for use and distribution under open source licenses that may include terms and conditions applicable to your use of IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaner.
User Account Control / UAC
UAC is a security feature of Windows which helps prevent unauthorized changes to the operating system by prompting the user for manual approval. IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaner products may disable the UAC prompts relating only to the IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaner Antivirus products in order to increase the user’s convenience and solely for the purpose of better user experience and product ease of use. At any point you, the user, can uninstall the IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaners product if you feel this is an inconvenience to you.
Version 1.5
Issue Date: March 30th, 2021
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All Rights Reserved
