TERMS AND CONDITIONS

Subject to the terms and conditions of this Agreement, THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU, (collectively also known as End-User” or “Covered Party”) AND CYBERSECURITY RISK SOLUTIONS, LLC REGARDING YOUR SECURE CYBERID SERVICE. BY SUBMITTING YOUR ORDER, ACCESSING OR USING THE SERVICE, OR DOWNLOADING ANY SOFTWARE PROVIDED AS PART OF THE SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Cybersecurity Risk Solutions, LLC on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Defined Terms. As used in these Terms, the following words shall have the following meanings. “Cybersecurity Risk Solutions, LLC” includes “Secure CyberID”, “we”, “us”, “partners”, “3rd Party Providers” and variations such as “our”, “Service”, “Plan” “Keystroke Encryption Device Keys” includes the products, services and software that you order, receive or access as part of the SECURE CYBERID service.

Upon payment of all applicable Fees, Secure CyberID® shall act as a service provider.

All materials provided by SECURE CYBERID® to Covered Parties, including, but not limited to, any trade secrets, know-how, methodologies, computer code, and processes, and the SECURE CYBERID®  website and all content and materials included therein, all of which are related to the products and services provided by SECURE CYBERID®, shall remain the sole and exclusive property of SECURE CYBERID®, its providers, partners and their suppliers, including, without limitation, all copyrights, trademarks, patents, trade secrets, and all other proprietary rights inherent therein or appurtenant thereto (collectively, “SECURE CYBERID® Materials”). Covered Parties may not under any circumstances transfer or provide the SECURE CYBERID® Materials to any third party or otherwise permit any third party to use the SECURE CYBERID® Materials.

The Parties acknowledge that they are aware that there are substantive risks including, but not limited to loss and corruption of data, delays, non-deliveries, misdeliveries and service interruptions associated with reception, transmission, storage, manipulation, and other uses of data over the Internet which are outside the control of either Party (hereinafter, collectively, “Data Losses”).

USE OF THE SERVICES BY A COVERED PARTY IS AT THE COVERED PARTY’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SECURE CYBERID® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.

SECURE CYBERID® MAKES NO WARRANTY THAT (i) PAST IDENTITY FRAUD WILL BE RESOLVED, IN WHOLE OR IN PART, (ii) FUTURE IDENTITY FRAUD WILL BE PREVENTED, (iii) THE SERVICES WILL MEET REQUIREMENTS OF THE CLIENT BUSINESS OR ITS COVERED PARTIES, (iv) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (v) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (vi) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY A CLIENT BUSINESS OR ITS COVERED PARTIES THROUGH THE SERVICES OR VIA SECURE CYBERID®   WILL MEET THE EXPECTATIONS OF THE CLIENT BUSINESS OR ITS COVERED PARTIES.

IN NO EVENT SHALL SECURE CYBERID® BE LIABLE FOR ANY DIRECT DAMAGES OR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES, WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT OR FROM DATA LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENDED CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME, GOODWILL OR REVENUE.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

You are authorizing SECURE CYBERID® or its third party providers to pull reports on such Covered Party’s behalf and share non-public personal information with third parties in order to provide the Services to Covered Parties, and Company agrees to make such changes therein as SECURE CYBERID® may from time to time request:

1.  You understand that by accepting these Terms and Conditions you are providing “written instructions” to SECURE CYBERID® , CybersScout, CSIdentity Corporation, Equifax, Experian, TransUnion, and their respective affiliates, employees, agents, subsidiaries, contractors, third party data providers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended (collectively “SECURE CYBERID® and the Third Party Providers”) to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide credit reporting and monitoring services to you for your own use.  You agree and hereby authorize SECURE CYBERID® and the Third-Party Providers to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in the applicable privacy policy, as may be amended from time to time.  You waive any and all claims against SECURE CYBERID® and the Third Party Providers for the acts or omissions of these third parties with regard to the use or disclosure of such information.  You also confirm your authorization for SECURE CYBERID® and the Third Party Providers, to obtain your credit profile and to access your credit report for your own use, to confirm your identity to avoid fraudulent transactions in your name, and to provide ongoing monitoring of your credit file while your membership is active.  You further authorize SECURE CYBERID® and the Third Party Providers to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the Services and/or 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. You authorize SECURE CYBERID® and the Third Party Providers to obtain and monitor such information solely in connection with the ID Protection Service, to provide Credit Reports, and provide Alerts of changes to your credit profile data.

2.  You may opt-in to receive alerts via SMS (text) on your mobile device.  This program is limited to participating wireless carriers.  As always, your carrier’s message and data rates may apply for any messages you send or receive.  By opting-in to receive alerts by text, you agree that SECURE CYBERID® and the Third Party Providers are not liable for any such charges you incur.  After selecting to receive SMS alerts on the SECURE CYBERID or Third Party Provider websites, you will receive an opt-in confirmation text.  To confirm your opt-in, please reply with YES to 732-422-5591.  To discontinue receiving SMS messages from us, text STOP to 732-422-5591. For additional help, text HELP to 732-422-5591 or contact support@securecyberid.com or call 1-877-214-4561.

3.  While enrolling for the Services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, driver’s license number and social security number); personal information to verify your identity and financial information (such as credit card number).  This information is required in order to verify your identity, charge you the agreed upon fees for our Services, and to fulfill our obligation to provide our Services to you, including communicating with third parties as necessary to provide such Services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.

4.  You agree that you will use the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.

5.  You acknowledge the following cancellation policies that apply to SECURE CYBERID®’s services:  If you enrolled using a credit card and wish to cancel service, you must request a cancellation of service and/or a refund through your Secure CyberID®  website or by calling Customer Service at the number provided on your Secure CyberID® website.  Monthly plans require a minimum enrollment period of three months prior to cancellation.  Once the cancellation has been received, the following month will not be charged, as long as the minimum period has been met.  To cancel a monthly plan it is required to cancel 48 hours prior to account billing.  All collected fees are nonrefundable.  For annual plans, once enrollment has been completed, the following pro rata refund policy shall apply: (a) if request is received within 30 days of enrollment, 70% of fees paid will be refunded; (b) from 31 to 180 days, 25% of fees paid will be refunded; (c) after 180 days, not eligible for a refund.  We bill a renewal fee on the anniversary date of your purchase unless your subscription is cancelled 48 hours before your anniversary date.  If applicable and available in your portal, the additional services available for purchase, which are one-time reports within the system, are not refundable.  The additional services will be charged prior to the report being made available.  If you did not sign up for Secure CyberID® using a credit card, these cancellation policies do not apply and you must contact the company or organization through which you were offered the Secure CyberID® service.

USE OF THE SERVICES BY A CUSTOMER IS AT THE CUSTOMER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SECURE CYBERID® NOR ANY OF ITS THIRD PARTY PROVIDERS OR THEIR RESPECTIVE DATA PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO.  WITHOUT LIMITING THE FOREGOING, SECURE CYBERID®, THE THIRD PARTY PROVIDERS AND THEIR RESPECTIVE DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE SERVICES OR THE DATA THEREIN.

SECURE CYBERID® NOR THE THIRD PARTY PROVIDERS MAKE ANY WARRANTY THAT (i) PAST IDENTITY FRAUD WILL BE RESOLVED, IN WHOLE OR IN PART, (ii) FUTURE IDENTITY FRAUD WILL BE PREVENTED, (iii) THE SERVICES WILL MEET REQUIREMENTS OF THE CUSTOMER OR ITS NOTIFICATION RECIPIENTS, (iv) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (v) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (vi) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE CUSTOMER OR ITS NOTIFICATION RECIPIENTS THROUGH THE SERVICES OR VIA SECURE CYBERID®   WILL MEET THE EXPECTATIONS OF THE COMPANY OR ITS NOTIFICATION RECIPIENTS.

IN NO EVENT SHALL SECURE CYBERID® OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT DAMAGES OR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES, WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT OR FROM DATA LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENDED CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME, GOODWILL OR REVENUE.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THE FOLLOWING provisIONS APPLY ONLY TO “THREE BUREAU PRODUCTS AND SERVICES” PROVIDED BY TRANSUNION INTERACTIVE, INC.:

TransUnion Interactive, Inc. Service Agreement For Three Bureau (3B) Products and Services

Important Credit Monitoring Information

Credit Monitoring (including TransUnion Credit Monitoring Basic, TransUnion Credit Monitoring, and other credit monitoring products offered on or through this site) is provided by TransUnion Interactive, Inc. Credit Monitoring monitors one or more of your credit files, depending upon the type of Credit Monitoring you purchase, which are separately owned and/or maintained by each of the applicable credit bureaus: TransUnion LLC, Experian, and Equifax. Credit Monitoring monitors the credit file most closely identified with you based on multiple identifying factors such as first, middle and last names, current and former addresses, Social Security number and date of birth. Credit Monitoring may not advise or alert you if an item of identifying information about you (including your name or address or Social Security number) is contained in the applicable credit bureau’s credit file of another person, and will not provide you with any information contained in another individual’s credit file. Credit Monitoring does not monitor, compare or cross-reference your credit file(s) with the credit files(s) of any other person.

Please remember that there are different processing times for the commencement of monitoring at each credit reporting bureau, therefore you may not be enrolled in all of them at the same time. Monitoring with TransUnion LLC usually begins within 48 hours of enrollment. Monitoring with Equifax and Experian takes on average approximately 4 days to begin, though in some cases monitoring cannot be initiated during the trial period (if a trial period applies). TransUnion Interactive does not control and is not responsible for the enrollment process.

Your order of any three bureau credit monitoring product is conditioned upon successful enrollment by at least one credit bureau in its credit monitoring product. If no credit bureau is able to enroll you in its credit monitoring program, your order will be cancelled, and you will not receive alerts or monitoring of changes to any of your credit files. In the event that one or two credit bureaus, but not all three bureaus, are able to enroll you in their credit monitoring, credit monitoring will be provided by the bureau or bureaus that were able to enroll you; you will not receive alerts or monitoring of changes to the credit files of the bureau or bureaus that were not able to enroll you in their respective credit monitoring programs.

In the event you order a three-bureau credit monitoring product through this site (the “Site”), by placing your order, you agree that, if fewer than all three credit bureaus enroll you in their credit monitoring, TransUnion Interactive is authorized to monitor only the credit files at the bureau or bureaus that enrolled you. Any such credit monitoring will be provided at the price agreed upon; you will not be eligible for a price reduction, discount or refund. TransUnion Interactive will notify you in the event that fewer than all three credit bureaus enroll you in credit monitoring, but such notification may not occur during your trial period, if any.

General Terms

Images, text, screens, web pages, materials, data, content and other information (“Content”) used and displayed on the Site, including but not limited to TransUnion®, TransUnion Interactive®, TrueCredit®, TrueCredit® and Design, and Manage Your Credit Manage Your Life™ are the property of TransUnion Interactive or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, TransUnion Interactive owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content.  You may copy the Content from the Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TransUnion Interactive or the owner of the Content.

ALL THREE BUREAU (3B) PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, MONITORING, ALERTS, REPORTS AND SCORES, MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TRANSUNION INTERACTIVE NOR ITS AFFILIATES OR DATA SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TRANSUNION INTERACTIVE AND ITS AFFILIATES AND DATA SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TRANSUNION INTERACTIVE NOR ITS AFFILIATES AND DATA SUPPLIERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

Registration and Accurate Information

If you decide to register on this Site to purchase three bureau products and services, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify TransUnion Interactive promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your TransUnion Interactive account and your right to use the Site. Online access to consumer credit report information is subject to verification of the identity of the user.

Our Privacy Policy

By using this Site, you agree that TransUnion Interactive and its affiliates may use and share your personal information in accordance with the terms of TransUnion Interactive’s Privacy Statement. TransUnion Interactive’s privacy statement can be reached at the following link:  https://membership.tui.transunion.com/tucm/support.page?panel=privacy.

Fair Credit Reporting Act

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

Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. For more information visit the credit report section in the Learning Center, available from most pages of the Site.

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

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

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

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

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

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

In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

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

It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, see the contact information and dispute process description contained in the Learning Center or from the inaccuracies tab on your credit report. The form of credit report and related disclosures provided directly by such agencies to you may differ from those provided by TransUnion Interactive.

TransUnion Interactive’s online credit report has been specially designed for consumer ease-of-use. Color illustrations, analysis information and helpful links on TransUnion Interactive’s credit report make it easy for you to understand and manage your credit.

Applicable Law

The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Delaware, USA, and applicable federal law, without regard to any conflict of law provisions. TransUnion Interactive can provide credit reports only for individuals who have established credit in the United States. Those who choose to access three bureau products and services through this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TransUnion Interactive’s provision of three bureau products and services to you, if submitted to a court of law, shall be submitted to the state and federal courts of New Castle County, Delaware, USA.

Policy Regarding Children

We define children as individuals under the age of 16.  The Site is not intended for the use of children and we do not intend to collect information about children through the Site. You must be at least 18 to access any three bureau products and services through this Site.

 

EXHIBIT A

MONITORING SERVICES

Our partner CyberScout® shall provide Covered Parties shall be provided within two (2) business days, fulfillment emails which shall contain the monitoring codes, URL and instructions for Covered Parties to enroll in the Monitoring Services. To activate their Monitoring Services and receive service the Covered Party must completed these instructions, accepted the terms and conditions, and confirmed their identity through a brief verification process. Once a Covered Party has activated their monitoring service, they will have immediate access to their Monitoring Services.

Standard Plan:

*The Standard Plan includes one (1) Anti-Keylogger Keystroke Encryption device key, unless you chose to purchase additional device keys at time of checkout.

Single Bureau Credit Report

CYBERSCOUT® shall provide the Covered Party with a one-time single bureau credit report will be presented to the Covered Party upon successful enrollment.

Single Bureau Credit Score

CYBERSCOUT® shall provide Covered Party with a one-time single bureau credit score will be delivered to the Covered Party in conjunction with the Covered Party’s credit report.

Single Bureau Credit Monitoring

CYBERSCOUT® shall provide Covered Party with an alert notification should a change or update occur to their bureau credit file. This notification is sent to the Covered Party the same day that the change or update takes place with their bureau credit file.

Public Records Monitoring

SSN Trace: Covered Party will be provided with one initial report showing any information associated with their SSN, including, without limitation, names, aliases, and address history in order to determine if an unauthorized source has already used their SSN number under another name or identity. After the initial report, Covered Party will receive an alert should their information be changed or updated.  Monitoring occurs on a monthly basis.

Change of Address (COA)

Covered Party will be provided with a Change of Address report in the event a change of address has been found utilizing the Covered Party’s name and address.  This will allow the Covered Party to determine if an unauthorized source has already processed a change of address. Covered Party will receive an alert should information on this report be changed or updated.  Monitoring occurs on a weekly basis.

Court Records Monitoring (CRM)

Covered party will be provided a report upon successful enrollment advising them findings of this search of all digital criminal records available to help identify instances where an unauthorized individual may have used the Covered Party’s identity in a fraudulent manner.  After the initial report, Covered Party will be notified if any new information for such Covered Party is found in any digital criminal record.  Monitoring occurs on a monthly basis.

LifeStages Identity Management and Resolution Services*

The Covered Party shall receive LifeStages Identity Management and Resolution Services as detailed in Exhibit B of this Agreement.

Expense Reimbursement*

The Covered Party shall receive Expense Reimbursement as detailed in Exhibit C of this Agreement.

 

Enhanced Plan:

*The Enhanced Plan includes three (3) Anti-Keylogger Keystroke Encryption device key, unless you chose to purchase additional device keys at time of checkout.

Triple Bureau Credit Report

CYBERSCOUT® shall provide the Covered Party with a one-time Experian, Equifax and TransUnion Credit Report which is available immediately after enrollment.

Triple Bureau Credit Score

CYBERSCOUT® shall provide Covered Party with one-time Credit Scores from each of the three bureaus. The Credit Scores are available immediately after enrollment.

Triple Bureau Credit Monitoring

CYBERSCOUT® shall provide Covered Party with an alert notification should a change or update occur to any of their Experian, Equifax or TransUnion credit files. This notification is sent to the Covered Party the same day that the change or update takes place with any of the three bureaus.

Public Records Monitoring

SSN Trace: Covered Party will be provided with one initial report showing any information associated with their SSN, including, without limitation, names, aliases, and address history in order to determine if an unauthorized source has already used their SSN number under another name or identity. After the initial report, Covered Party will receive an alert should their information be changed or updated.  Monitoring occurs on a monthly basis.

Change of Address (COA)

Covered Party will be provided with a Change of Address report in the event a change of address has been found utilizing the Covered Party’s name and address.  This will allow the Covered Party to determine if an unauthorized source has already processed a change of address. Covered Party will receive an alert should information on this report be changed or updated.  Monitoring occurs on a weekly basis.

Court Records Monitoring (CRM)

Covered party will be provided a report upon successful enrollment advising them findings of this search of all digital criminal records available to help identify instances where an unauthorized individual may have used the Covered Party’s identity in a fraudulent manner.  After the initial report, Covered Party will be notified if any new information for such Covered Party is found in any digital criminal record.  Monitoring occurs on a monthly basis.

LifeStages Identity Management and Resolution Services*

The Covered Party shall receive LifeStages Identity Management and Resolution Services as detailed in Exhibit B of this Agreement.

Expense Reimbursement*

The Covered Party shall receive Expense Reimbursement as detailed in Exhibit C of this Agreement.

 

Premier Plan:

*The Premier Plan includes six (6) Anti-Keylogger Keystroke Encryption device key, unless you chose to purchase additional device keys at time of checkout.

Triple Bureau Credit Report

CYBERSCOUT® shall provide the Covered Party with a one-time Experian, Equifax and TransUnion Credit Report which is available immediately after enrollment.

Triple Bureau Credit Score

CYBERSCOUT® shall provide Covered Party with one-time Credit Scores from each of the three bureaus. The Credit Scores are available immediately after enrollment.

Triple Bureau Credit Monitoring

CYBERSCOUT® shall provide Covered Party with an alert notification should a change or update occur to any of their Experian, Equifax or TransUnion credit files. This notification is sent to the Covered Party the same day that the change or update takes place with any of the three bureaus.

Public Records Monitoring

SSN Trace: Covered Party will be provided with one initial report showing any information associated with their SSN, including, without limitation, names, aliases, and address history in order to determine if an unauthorized source has already used their SSN number under another name or identity. After the initial report, Covered Party will receive an alert should their information be changed or updated.  Monitoring occurs on a monthly basis.

Change of Address (COA)

Covered Party will be provided with a Change of Address report in the event a change of address has been found utilizing the Covered Party’s name and address.  This will allow the Covered Party to determine if an unauthorized source has already processed a change of address. Covered Party will receive an alert should information on this report be changed or updated.  Monitoring occurs on a weekly basis.

Court Records Monitoring (CRM)

Covered party will be provided a report upon successful enrollment advising them findings of this search of all digital criminal records available to help identify instances where an unauthorized individual may have used the Covered Party’s identity in a fraudulent manner.  After the initial report, Covered Party will be notified if any new information for such Covered Party is found in any digital criminal record.  Monitoring occurs on a monthly basis.

Cyber Internet Surveillance

On a daily basis, chat rooms and websites will be monitored for Covered Party’s PII (name, SSN, email, telephone number, credit/debit cards). This includes but is not limited to, the actual selling of the Covered Party’s PII by identity theft brokers to the criminals that commence financial transactions with the stolen information.

Sex Offender

All sex offender registries throughout the United States will be searched and will be compiled in one initial report to Covered Party to help identify instance where an unauthorized individual has used their name or address, as well as reviewed the names and addresses of sex offenders registered in their zip code. After the initial report, the Covered Party will be alerted if their information appears on these registries. Monitoring occurs on a monthly basis.

Payday Monitoring

Covered Party will be provided with a non-credit loan report that shows any payday loans or quick cash loans that do not require a credit inquiry. Covered Party will receive an alert should their information on this report be changed or updated.

LifeStages Identity Management and Resolution Services*

The Covered Party shall receive LifeStages Identity Management and Resolution Services as detailed in Exhibit B of this Agreement.

Expense Reimbursement*

The Covered Party shall receive Expense Reimbursement as detailed in Exhibit C of this Agreement.

 

Premier PLUS Plan:

*The Premier Plan includes the same coverage as the Premier Plan, except the Monitoring Services and the Expense Reimbursement are provided to Covered Party and one of the Covered Party’s household family members and also includes six (6) Anti-Keylogger Keystroke Encryption device key, unless you chose to purchase additional device keys at time of checkout.

Triple Bureau Credit Report

CYBERSCOUT® shall provide the Covered Party with a one-time Experian, Equifax and TransUnion Credit Report which is available immediately after enrollment.

Triple Bureau Credit Score

CYBERSCOUT® shall provide Covered Party with one-time Credit Scores from each of the three bureaus. The Credit Scores are available immediately after enrollment.

Triple Bureau Credit Monitoring

CYBERSCOUT® shall provide Covered Party with an alert notification should a change or update occur to any of their Experian, Equifax or TransUnion credit files. This notification is sent to the Covered Party the same day that the change or update takes place with any of the three bureaus.

Public Records Monitoring

SSN Trace: Covered Party will be provided with one initial report showing any information associated with their SSN, including, without limitation, names, aliases, and address history in order to determine if an unauthorized source has already used their SSN number under another name or identity. After the initial report, Covered Party will receive an alert should their information be changed or updated.  Monitoring occurs on a monthly basis.

Change of Address (COA)

Covered Party will be provided with a Change of Address report in the event a change of address has been found utilizing the Covered Party’s name and address.  This will allow the Covered Party to determine if an unauthorized source has already processed a change of address. Covered Party will receive an alert should information on this report be changed or updated.  Monitoring occurs on a weekly basis.

Court Records Monitoring (CRM)

Covered party will be provided a report upon successful enrollment advising them findings of this search of all digital criminal records available to help identify instances where an unauthorized individual may have used the Covered Party’s identity in a fraudulent manner.  After the initial report, Covered Party will be notified if any new information for such Covered Party is found in any digital criminal record.  Monitoring occurs on a monthly basis.

Cyber Internet Surveillance

On a daily basis, chat rooms and websites will be monitored for Covered Party’s PII (name, SSN, email, telephone number, credit/debit cards). This includes but is not limited to, the actual selling of the Covered Party’s PII by identity theft brokers to the criminals that commence financial transactions with the stolen information.

Sex Offender

All sex offender registries throughout the United States will be searched and will be compiled in one initial report to Covered Party to help identify instance where an unauthorized individual has used their name or address, as well as reviewed the names and addresses of sex offenders registered in their zip code. After the initial report, the Covered Party will be alerted if their information appears on these registries. Monitoring occurs on a monthly basis.

Payday Monitoring

Covered Party will be provided with a non-credit loan report that shows any payday loans or quick cash loans that do not require a credit inquiry. Covered Party will receive an alert should their information on this report be changed or updated.

LifeStages Identity Management and Resolution Services*

The Covered Party shall receive LifeStages Identity Management and Resolution Services as detailed in Exhibit B of this Agreement.

Expense Reimbursement*

The Covered Party shall receive Expense Reimbursement as detailed in Exhibit C of this Agreement.

NOTES: Credit monitoring and fraud monitoring are available only to Covered Parties with online access to the Internet and valid e-mail addresses who are over the age of 18 with a valid SSN.  Availability of monitoring alerts may require adjustment of the Covered Party’s spam filter(s) to permit receipt of the communications.  CyberScout will not be responsible for any Covered Party information provided by the Company that may be incorrect or no longer valid.

*LifeStages Identity Management and Resolution Services are provided to the Covered Party and the Covered Party’s household family members.  All other Monitoring Services and Expense Reimbursement are provided to the Covered Party only and do not include family members unless specifically stated in the description of that Product Option.

**Expense Reimbursement coverage under Exhibit C is provided only to Covered Parties (and, where applicable, household family members) enrolled in CYBERSCOUT® credit or fraud monitoring, which for avoidance of doubt does not include LifeStages.

 

EXHIBIT E

LIFESTAGES IDENTITY MANAGEMENT SERVICES

Subject to the restrictions set forth in the Notes below, CYBERSCOUT® will provide the following LifeStages Identity Management Services to Company for the benefit of its Covered Parties.

1. Assisted Living.  In those instances when legal guardianship or power of attorney is needed for the day-to-day care of a loved one, CYBERSCOUT® provides guidance in assisting with the individual’s identity management and resolving any fraudulent misuse.

2. Breach Victim Notification.  For Covered Parties who receive a data breach security breach notification as a result of a compromise of a database not owned or controlled by the Company or its Client Businesses, the Company’s or Client Businesses’ vendor(s), Partner(s), parent company(ies), sister company(ies), or any affiliated company, an CYBERSCOUT® fraud specialist will provide guidance in explaining the notification and remediation offered within the communication. In the event of identified fraud resulting from the data breach and if the Covered Party is not receiving satisfactory services through the notification’s provider, an CYBERSCOUT® fraud specialist will provide Proactive or Resolution Services.

3. Break-In. For Covered Parties who have experienced a break-in at their home, auto or boat, a fraud specialist can provide tips on how best to protect important identity, financial and personal information. Based on the Covered Party’s unique situation, a fraud specialist will assist in the placement of preventive measures which may include a fraud alert, or security freeze or in the event of identity theft or fraud, a fraud specialist will provide Resolution Services.

4. Child Risk.  CYBERSCOUT® fraud specialists will provide guidance and education to parents or legal guardians of minor children to assist in managing, protecting, and resolving issues in connection with their child’s identity.  An CYBERSCOUT® fraud specialist provides assistance in researching if a credit file has been opened in the minor’s name. If a credit file is determined to exist, a fraud specialist is assigned to the case, the resolution process will be initiated and, if requested, provide assistance in freezing the child’s credit file.

5. Criminal ID Theft.  In the event where a Covered Party’s identity was falsely linked to a crime, a CYBERSCOUT® fraud specialist will provide assistance in contacting governmental agencies to investigate and restore identity. As identity theft or fraud exists, a fraud specialist will provide Resolution Services.

6. Debt Tagging.  In situations where a Covered Party’s financial information is incorrectly linked to outstanding collection of debt of another individual a CYBERSCOUT® fraud specialist will review Covered Party’s credit report to determine if debt tagging has occurred and if so will assist with the removal of any fraudulent entries on the report.

7. Disaster.  CYBERSCOUT® provides tips on how to protect important identity, financial and privacy documents prior to a disaster. In the event of a disaster, a fraud specialist provides Covered Parties assistance in facilitating the replacement of identification and documents needed to rebuild their lives.   The fraud specialist would provide assistance in facilitating contact to financial institutions and other providers.  In the event of identity theft or fraud, a fraud specialist will provide Resolution Services.

8. Document Replacement. In the event that a Covered Parties’ personal documents have been compromised, a fraud specialist will provide guidance in replacing lost, stolen or destroyed documents and identification, including missing passports, credit cards, drivers’ licenses, Social Security and Medicare cards.

9. Email Compromise.  Should a Covered Party’s email account be taken over, a fraud specialist will provide guidance to assist in identifying potential impacts to identity, privacy or reputation.  In the event of identity theft or fraud, a fraud specialist will provide Resolution Services.

10. Employment ID Theft.  CYBERSCOUT® assists to determine and verify if the Covered Party is a victim of identity-related employment fraud.  In the event that a Covered Party’s identity has been fraudulently used to obtain employment, if requested, a fraud specialist will assist with collecting necessary documentation and contacting employers or governmental agencies to investigate and facilitate restoration to the correct status. As identity theft or fraud exists, a fraud specialist will provide Resolution Services.

11. Estate.  In the event of a death of a Covered Party, a fraud specialist provides the assigned executor or surviving spouse guidance and education for managing, protecting and resolving issues in connection with decedent’s identity and financial information. Assistance is provided in facilitating notification to credit issuers, and securing copies of death certificates. In the event of fraudulent misuse of the deceased’s identity or financial information, a fraud specialist will provide Resolution Services.

12. Financial ID Theft.  CYBERSCOUT® will assist in determining if financial identity fraud has occurred. In the event a Covered Party’s identity or financial information has been fraudulently used a fraud specialist will assist in contacting appropriate credit companies, collection agencies, credit bureaus and other entities in order to restore and remedy the Covered Party’s financial profile. In the event of identity theft or fraud, a fraud specialist will provide Resolution Services.

13. Marital Status.  CYBERSCOUT® provides tips and guidance to assist engaged couples, newlyweds and divorced couples on how best to protect important identity, financial and personal information. Should a Covered Party experience identity theft or fraud, a fraud specialist will provide Resolution Services.

14. Medical ID Theft.  Should a Covered Party be a victim of fraudulent insurance claims or medical services, a fraud specialist will research, coordinate and facilitate the dispute process for Covered Party to resolve fraudulent claims, billings and correct the Covered Party’s medical record. As identity theft or fraud exists, a fraud specialist will provide Resolution Services.

15. Military.  For Covered Parties who are on active military duty away from home, a fraud specialist works with Covered Parties, their authorized spouse or family member, in facilitating the placement of a free Active Military Duty Alert, if requested.  In the event of identity theft or fraud, a fraud specialist will provide Resolution Services. In the event important documents are stolen, an CYBERSCOUT® fraud specialist will assist with Document Replacement.

16. Phish Assist.  Should a Covered Party receive a suspicious email communication asking for private, personal or financial information, a fraud specialist provides guidance to assist in determining the legitimacy of the email communication.

17. Proactive.  In the event that Covered Parties’ personal data has been lost or stolen, a fraud specialist assists in the replacement of the stolen documents or accounts.  If warranted and requested, a fraud specialist assists in the placement of a fraud alert which helps to safeguard the Covered Parties’ identities and helps prevent any further damage.

18. Relocation. CYBERSCOUT® provides tips and guidance to assist Covered Parties in protecting their important identity, financial and privacy information during a move. Should a Covered Party experience identity theft or fraud, a fraud specialist will provide Resolution Services.

19. Resolution Services.  For Covered Parties who are victims of account take-over or identity theft, a personal fraud specialist provides unlimited assistance to restore victims’ identity, handling the entire notification and documentation process. The Resolution Services are set forth below.

20. Social Media.  CYBERSCOUT® provides privacy tips and guidance to assist with preventing social media intrusions. If a Covered Party suspects a social media account has been compromised an CYBERSCOUT® fraud specialist provides assistance in identifying and recovering such intrusion. In the event of identity theft or fraud, a fraud specialist will provide Resolution Services.

21.  System Protection Guidance. CYBERSCOUT® provides guidance in preventing, identifying and recovering from system compromises. In the event that a Covered Party’s computer, laptop or tablet has been compromised or requests system protection guidance, a fraud specialist will provide assistance in directing to resources that provide industry rated options based on the Covered Party’s circumstances. In the event of data exposure, upon request of the Covered Party, a fraud specialist will assist with the placement of fraud alerts. In the event of identity theft or fraud, a fraud specialist will provide Resolution Services.

22. Tax ID Theft.  Should a Covered Party fall victim to federal tax related identity theft, wherein someone utilizes the Covered Party’s Personally Identifiable Information to file false tax return documents, a fraud specialist provides assistance to the Covered Party in facilitating working with the appropriate state and agencies on the correction of the impacted tax records and resolution to any filing issues. As identity theft or fraud exists, a fraud specialist will provide Resolution Services.

23. Travel. CYBERSCOUT® provides pre-travel guidance and tips which may include embassy information, information on Smart Traveler Enrollment Program, and resources for emergency cash replacement. When traveling, Covered Parties receive 24/7, worldwide telephone access to a fraud specialist to assist or facilitate the recovery of lost or stolen identification. Should a Covered Party become a victim of identity theft or fraud, an CYBERSCOUT® fraud specialist will provide Resolution Services.

 

RESOLUTION SERVICES

Subject to the restrictions set forth in the Notes below CYBERSCOUT® will provide the following Resolution Services, as appropriate to each unique situation, to Covered Parties receiving LifeStages Identity Management Services who are identified as Fraud Victims.

Access to Personal Fraud Specialist– Unlimited one-on-one access to a dedicated fraud specialist may include but is not limited to the following: interpretation and understanding of credit reports, assistance in gathering evidence against identity fraud, working with creditors to limit damages and resolve identity theft, and follow up to make sure problem has been resolved.

Placement of Fraud Alerts– At the Covered Party’s election, fraud specialist-assisted notification to place fraud alerts with the appropriate credit bureaus.  Facilitation paid by CYBERSCOUT®.

Access to Identity Theft CyberScout Resolution Center– Covered Parties have unlimited access to our experienced fraud specialists via a toll free number to answer questions and resolve identity theft issues.

Assistance Filing Police Report– CYBERSCOUT® will direct the Covered Party in filing the police report by indicating the information that should be included in the report.  May include but is not limited to the following; counseling breach notification recipient to list specific accounts that have been accessed, fraudulently charged, and/or fraudulently created. CYBERSCOUT® will assist, where possible, in setting up an appointment with police personnel for either: (a) in-person meeting to file report; or (b) phone meeting to file report.

Fraud Victim Affidavit– At the Covered Party’s election, CYBERSCOUT®’s fraud specialist will assist in the creation of the Covered Party’s affidavit.

Credit Grantor Notification– CYBERSCOUT® will assist the Covered Party with phone calls and documents required to facilitate notification to credit grantors.

Governmental Agency And Association Notification– At the Covered Party’s election, CYBERSCOUT® will provide assistance with notification to applicable government agencies or associations. The nature of the assistance and the applicable government agencies is going to be determined on a case by case basis depending upon the nature of the account takeover or identity theft.  CYBERSCOUT® will notify and work with applicable government agencies on behalf of the Covered Party, to the extent possible and allowed by law and to the extent that the Covered Party wishes. Some of the government agencies that may be notified of the fraud, if necessary, could include but are not limited to:

a.       The Applicable State’s Department of Motor Vehicles

b.       County Records/Recorders Offices

c.        County Tax Assessors

d.       U.S. Passport offices

e.       IRS

Note that CYBERSCOUT® will only notify and work with “applicable” government agencies.  In a situation where the fraud is limited to check fraud, or new accounts being created, there would be no need to contact the IRS.  However, if an illegal alien is using a Covered Party’s Social Security number (SSN), involving the IRS’s fraud department may be necessary to make sure that the Fraud Victim isn’t responsible for the additional tax burden created by the additional income erroneously reported on their SSN.

Credit and Fraud Monitoring Provided To Fraud Victims– At the Covered Party’s election, and depending on the type of fraud experienced, Covered Party may be enrolled in one year of monitoring with email notifications.  The type of fraud experienced will factor into which type of monitoring plan that they will be enrolled.  It may include credit-based monitoring and reports or our fraud monitoring with email notifications of changes in personal data based on their identifiers like: name, SSN and Date of birth or zip code in more than 1000 monitored public and private databases.

Creation Of A Comprehensive Case File– CYBERSCOUT® provides a comprehensive case file available for Covered Party presentation to the Client Business for insurance claims and to law enforcement. CYBERSCOUT® will create a comprehensive case file during the resolution process that documents identified fraud and resolution work. This can be used by law enforcement and prosecuting attorneys to assist the prosecution of perpetrators of identity theft. This case file could also be used if there is a claim filed by a Fraud Victim with the Client Business for reimbursement pursuant to an identity theft reimbursement or other applicable insurance policy to determine the nature, extent and/or validity of an identity theft claim.

Active Post Fraud Follow-Up: Once the case is determined to be “CLOSED”, the Covered Party will receive a six (6) month follow up from their fraud specialist to make sure that there is no more activity and that identity resolution has been successful. Since identity related information is evergreen, there is still the opportunity for an identity thief to commit further fraud once a case has been closed.

NOTES: Credit monitoring and fraud monitoring are available only to Covered Parties with online access to the Internet and valid email addresses and who are at least 18 years old with a valid SSN.  Availability of monitoring alerts, fraud alerts, and educational materials may require adjustment of the Covered Party’s spam filter(s) to permit receipt of the communications.  CYBERSCOUT® services do not include (a) psychological counseling for Covered Parties, or (b) legal advice or other legal services.

NOTES: LIFESTAGES IDENTITY MANAGEMENT SERVICES DO NOT INCLUDE COVERAGE FOR FRAUD ACTIVITY RESULTING FROM A COMPROMISE OF ANY DATABASE OWNED OR CONTROLLED BY THE COMPANY OR COMPANY’S CLIENT BUSINESS.

 

EXHIBIT C

IDENTITY THEFT EXPENSE REIMBURSEMENT INSURANCE COVERAGE

Subject to the “Discovery”, “Disclaimer“ and any other restrictions set forth in this Exhibit C of this Agreement, Identity Theft Expense Reimbursement Insurance Coverage reimburses Eligible Covered Parties who are victims of a stolen identity event that was incurred within the United States for the following expenses up to the maximum aggregate limit of insurance†:

Standard Plan– Limits of Insurance Coverage†:

Aggregate Limit of Insurance:      $25,000 per policy period Lost Wages:                                      $ 1,000 per week, for 5 weeks maximum

Travel Expenses:                              $1,000

Elder and/or Child Care:                $1,000

Initial Legal Consultation:              $1,000

Deductible                                         $ 0 per policy period

 

Enhanced, Premier and Premier PLUS– Limits of Insurance Coverage†:

Aggregate Limit of Insurance:      $1,000,000 per policy period Lost Wages:                                      $   1,500   per week, for 5 weeks maximum

Travel Expenses:                             $   1,000

Elder and/or Child Care:               $   1,000

Initial Legal Consultation:             $   1,000

Deductible                                         $        0      per policy period

 

Benefits†:

·         Lost wages as a result of time taken off from work to amend or rectify identity records as a result of a stolen Identity event

·         Notary and certified mail charges for completing and delivering fraud affidavits

·         Fees to re-apply for loans that were denied as a result of erroneous credit information due to the identity fraud

·         Long distance telephone charges for calling merchants, law enforcement agencies or credit grantors to discuss an actual identity fraud

·         Attorney fees incurred to remediate fraud for the following: (Pre-approval of attorney by insurance underwriter is required)

o    Initial consultation with attorney to determine severity and appropriate response to a stolen identity

o    Defending suits brought incorrectly by merchants or their collection agencies

o    Removing criminal or civil judgments wrongly entered against the victim

o    Defending criminal charges as a result of a stolen identity event

·         Expense related costs incurred for daycare and eldercare, if that coverage is necessary for an insured person to attend meetings or otherwise have the ability to restore financial health and credit history as a result of identity fraud

·         Travel and accommodations expenses required to rectify identity records as a result of a stolen identity event

·         Expenses and fees for new government issued identification such as passports, drivers license and social security cards

Upon Discovery of a loss or of an occurrence which would qualify for reimbursement, the identity theft or fraud victim should contact Identity Theft CyberScout Resolution Center.  Experienced Fraud Specialists will guide the fraud victim through the process on the information required for submission and can file the claim on the victim’s behalf.  The claim must be filed within six months after a stolen identity event.

DISCOVERY

The Identity Theft Expense Reimbursement Insurance applies only to identity theft or fraud which is Discovered during the Policy Period and is reported during the Policy Period or within 30 days following the termination of either.  If there is any other valid and collectible insurance which would apply as primary coverage, the Identity Theft Expense Reimbursement Insurance coverage would be applied only as excess insurance.

DISCLAIMER

† Identity Theft Expense Reimbursement Coverage description herein 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 Summary of Benefits and actual policies for terms, conditions, and exclusions of coverage. Coverage for all claims depends on actual policy provisions. Coverage may not be available in all jurisdictions.

Reporting a Stolen Identity Event To report a Stolen Identity Event, please contact the Identity Theft CyberScout Resolution Center at 877.432.7463

Filing a Claim If you have any questions regarding the identity theft insurance coverage or wish to file a claim under the Master Policy, please contact the Insurer at 1-866-IDHelp2 (1-866-434-3572).

This is a group master policy issued to Identity Theft 911, LLC.  If this master policy is terminated, your benefits will cease effective that date.  It is the obligation of the master policyholder to inform you of any termination of the master policy.

BENEFITS We shall pay you for the following:

a)       Costs

i.       Reasonable and necessary costs incurred by you in the United States for re-filing applications for loans, grants or other credit instruments that are rejected solely as a result of a stolen identity event;

ii.    Reasonable and necessary costs incurred by you in the United States for notarizing affidavits or other similar documents, long distance telephone calls and postage solely as a result of your efforts to report a stolen identity event and/or amend or rectify records as to your true name or identity as a result of a stolen identity event;

iii.  Reasonable and necessary costs incurred by you for up to six credit reports from established credit bureaus (with no more than two reports from any one credit bureau) dated within 12 months after your knowledge or discovery of a stolen identity event.

iv.   Reasonable and necessary costs approved by us, for providing periodic reports on changes to, and inquiries about the information contained in your credit reports or public databases (including, but not limited to credit monitoring services);

v.    Reasonable and necessary costs incurred by you for travel within the United States incurred as a result of your efforts to amend or rectify records as to your true name and identity; and

vi.   Reasonable and necessary costs incurred by you for elder care or child care incurred as a result of your efforts to amend or rectify records as to your true name or identity.

vii.  Reasonable and necessary costs incurred by you for ordering medical records for the purpose of amending and/or rectifying these documents as a result of a stolen identity event

viii.    Reasonable and necessary costs incurred by you for the replacement of identification cards, drivers licenses and passports as a result of a stolen identity event

b)       Lost Wages

Actual lost wages earned in the United States, whether partial or whole days, for time reasonably and necessarily taken off work and away from your work premises solely as a result of your efforts to amend or rectify records as to your true name or identity as a result of a stolen identity event. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days excludes business interruption or future earnings of a self-employed professional.  Computation of lost wages for self-employed persons must be supported by, and will be based on, prior year tax returns.  Coverage is limited to wages lost within twelve months after your discovery of a stolen identity event.

c)       Legal defense fees and expenses

Reasonable and necessary fees and expenses incurred in the United States by you with our consent for an attorney approved by us for:

i.       An initial consultation with a lawyer to determine the severity of and appropriate response to a stolen identity event;

ii.     Defending any civil suit brought against you by a creditor or collection agency or entity acting on behalf of a creditor for non-payment of goods or services or default on a loan as a result of a stolen identity event; and

iii.   Removing any civil judgment wrongfully entered against you as a result of the stolen identity event.

iv.    Defending criminal charges brought against the insured as a result of a stolen identity event; provided, however, we will only pay criminal defense related fees and expenses after it has been established that the insured was not in fact the perpetrator.

v.     Challenging the accuracy or completeness of any information in your medical history as a result of a medical identity theft.

vi.    Challenging the accuracy or completeness of any information in your tax history as a result of a stolen identity event.

A stolen identity event is the theft or your personal identification, social security number, or other method of identifying you, which has or could reasonably result in the wrongful use of such information.  All loss resulting from stolen identity event(s) and arising from the same, continuous, related or repeated acts shall be treated as arising out of a single stolen identity event occurring at the time of the first such stolen identity event.  A stolen identity event does not include the theft or unauthorized or illegal use of your business name, d/b/a or any other method of identifying your business activity. Stolen identity event shall include Medical identity theft. Medical Identity Theft means the theft of the insured’s personal or health insurance information to obtain medical treatment, pharmaceutical services or medical insurance coverage.  Medical identity theft also means the theft of the insured’s personal or health insurance information to submit false claims for medical services or goods.

 

Coverage Scope Stolen Identity Event

The Master Policy provides benefits to you only if you report a stolen identity event to us by the contact number stated above as soon as you become aware of a stolen identity event, but in no event later than six months after the stolen identity event occurs and you follow the instructions given to you in a claims kits that you will be provided.  These instructions will include notifying major credit bureaus, the Federal Trade Commission’s Identity Theft Hotline and appropriate law enforcement authorities.  This claims kit will also instruct you how to file for benefits under the policy if the stolen identity event results in losses covered under the policy.

You will only be covered if a stolen identity event first occurs while you are a member of the Master Policyholder’s insured program and is reported to us within 6 months.   You will not be covered if the stolen identity event first occurs after termination of the master policy or termination of your membership in the Master Policyholder’s program.

Limits of Insurance The most we shall pay you are the Limits of Insurance shown above.  All Legal Costs shall be part of and subject to the Aggregate Limit of Insurance.  LEGAL COSTS ARE PART OF, AND NOT IN ADDITION TO, THE LIMIT OF INSURANCE.

The Lost Wages, Travel Expense, Initial Legal Consultation and Elder Care/Child Care Limits of Insurance shown above are sublimits of the Aggregate Limit of Insurance and the most we shall pay you for lost wages, travel expense, initial legal consultation and elder care/child care.

Deductible 1.     You shall be responsible for the applicable Deductible amount shown above and you may not insure against it.

2.     You shall be responsible for only one Deductible during any one policy period.

Other Insurance

We shall be excess over any other insurance, including, without limitation, homeowner’s or renter’s insurance.  If you have other insurance that applies to a loss under this policy, the other insurance shall pay first.  This policy applies to the amount of loss that is in excess of the Limit of Insurance of your other insurance and the total of all your deductibles and self-insured amounts under all such other insurance.  In no event shall we pay more than our Limits of Insurance as shown above. DUPLICATE COVERAGES

Should you be enrolled in more than one membership program insured by us, or any of our affiliates, we will reimburse you under each membership program:

a)       subject to the applicable deductibles and limits of liability of each insured membership program

b)       but in no event shall the total amount reimbursed to you under all membership programs exceed the actual amount of loss.

 

EXHIBIT B

STRIKEFORCE TECHNOLOGIES, INCORPORATED

GUARDEDID® ENTERPRISE LICENSE AND WARRANTY

NOTICE:  BY USING OR INSTALLING ANY PART OF THIS SOFTWARE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS, USE OR INSTALL ANY PART OF THE SOFTWARE. IF YOU ARE UNWILLING TO ACCEPT THE TERMS, RETURN THE FULL PRODUCT WITH YOUR RECEIPT TO STRIKEFORCE TECHNOLOGIES, INC. (HEREINAFTER REFERRED TO AS “StrikeForce”) WITHIN THIRTY (30) DAYS OF PURCHASE FOR A FULL REFUND AS SPECIFIED BY THE GUARANTEE.

USE OF SOFTWARE:

The software that accompanies this license (the “Software”) is the property of StrikeForce or its licensors and is protected by copyright law and international intellectual property treaties.  This software is licensed and not sold.  Except as may be modified by a written license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:

* YOU MAY:

(i)            Use only one copy of the Software;

(ii)           Make one copy of the Software for archival (or Backup) purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes;

(iii)          Use the Software on a network, provided that you have paid for a licensed copy of the Software for each computer that can access the Software over that network;

(iv)          After written notice to StrikeForce, transfer the Software on a permanent basis to another person or entity, provided that you do not retain any copies of the Software and the transferee agrees to the terms of this Agreement; and

* YOU MAY NOT:

(i)            Copy the documentation that accompanies the Software;

(ii)           Make any copies of all or part of the Software other than as expressly permitted in this Agreement;

(iii)          Sublicense, rent or lease any portion of the Software or host the Software on your computer for others to use unless expressly licensed to do so;

(iv)          Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code            of the Software or create derivative works from the Software; or

(v)           Use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version as a replacement of the prior version. Upon upgrading the Software, all copies of the prior version must be destroyed.

(vi)          Use the GuardedID® or CryptoColor® trademark as part of a product name, trademark or business name without prior written approval from StrikeForce.

(vii)         Create, market or distribute add-ons or enhancements to the Software without the prior written consent of StrikeForce.

(viii)        Copy any portion of the GuardedID® product graphical user interface for incorporation into or use for any software or other product without the prior written consent of StrikeForce.

* YOU ACKNOWLEDGE AND AGREE THAT:

(i)            StrikeForce or its licensor are the exclusive owners of all rights in the Software, including all intellectual property

rights now in existence or which come into existence.

(ii)           You will comply with all of the terms and conditions of this Agreement.

(iii)          Any violation by you of this Agreement will cause StrikeForce or its Licensor irreparable harm entitling StrikeForce to immediate and permanent injunctive relief in addition to all other available remedies.

(iv)          Any claim or dispute relating to this Agreement must be brought in the appropriate state or federal court located in Trenton, New Jersey.  You agree to the assertion of personal jurisdiction over you by the State of New Jersey and the New Jersey courts, and you waive the right to challenge personal jurisdiction.

(v)           You have had a complete opportunity to review and understand this Agreement before installing the Software.

CD and or DVD LIMITED WARRANTY:

StrikeForce warrants that the Software will be free from material defects for a period of thirty (30) days from the date of delivery of the Software to you.  Your sole remedy in the event of a breach of this warranty will be that StrikeForce will, at its option, replace any defective Software returned to StrikeForce (or in the case of a downloaded file, defective Software deleted from your computer) within the warranty period or refund the money you paid for the Software.

SOFTWARE PERFORMANCE LIMITED WARRANTY:

StrikeForce warrants the Software’s current capabilities for the full term of the License subscription period from the date of Software delivery. Software functionality may become limited due to conflict with other third party software applications or changes to the Internet (out of StrikeForce’s control). StrikeForce agrees it will work to resolve Internet and standard Windows and MAC iOS application compatibility issues within its ability and as expeditiously as possible.  StrikeForce does not guarantee all unforeseen issues will be resolvable due to the lack of control over third party programming and products. Your sole remedy, in the event of an issue of this Performance Warranty, is stipulated in the StrikeForce Guarantee.   StrikeForce does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

DISCLAIMER OF DAMAGES:

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL STRIKEFORCE OR ITS LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF STRIKEFORCE OR ITS LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  IN NO CASE SHALL STRIKEFORCE’S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.  THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER YOU INSTALL THE SOFTWARE OR ACCEPT THESE TERMS.

TERMINATION:

You agree that StrikeForce may terminate this agreement upon a breach by you of the terms and conditions of this Agreement or may cease providing service should StrikeForce ceases its business operations.

RESTRICTED RIGHTS LEGEND:  All StrikeForce software and documentation are commercial in nature.  The Software and Software documentation are “Commercial Items”, as that term is defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable.  Consistent with 48 C.F.R. §12.212, 48 C.F.R. §252.27-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable.  StrikeForce’s Software and Software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement.  Manufacturer is STRIKEFORCE TECHNOLOGIES, INC. Customer Sales and Service, 1090 King Georges Post Road, Suite 603, Edison, New Jersey, 08837, USA.

EXPORT CONTROLS:

The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

GENERAL:

This Agreement will be governed by the substantive laws of the State of New Jersey, U.S.A. relating to contracts made there.  The U.N. Convention on the International Sale of Goods is expressly excluded.  This Agreement may only be modified by a license addendum, which accompanies this license, or by a written document that has been signed by both you and StrikeForce.  Should you have any questions concerning this Agreement, or if you desire to contact StrikeForce for any reason, please write:  STRIKEFORCE TECHNOLOGIES, INC., Customer Sales and Service, 1090 King Georges Post Road, Suite 603, Edison, New Jersey, 08837, USA

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