As a Member, ID360 LLC will:
- Provide you access to the ID360° Identity Lockdown Guide.
- Consult with covered Member to ascertain the existence and type(s) of identity fraud.
- In the event Member is a victim of identity fraud, contact credit reporting agencies to obtain a free credit report for the covered Member and place fraud alert or credit freeze on the covered Member’s credit records with all three credit reporting bureaus.
- Contact involved creditors to dispute fraudulent accounts and/or fraudulent charges and, if applicable, to request cancellation of their card(s) and issuance of new one(s).
- If other forms of identification were stolen, such as Social Security Card and/or Passport, coordinate replacement of same.
- In cases of tax refund fraud, medical identity fraud, or criminal identity fraud, contact appropriate organization and/or entity and work with them to resolve the incident.
- Where needed, follow up with creditors/agencies to ensure the matter has been properly resolved.
As a Member, you are responsible for:
- Working collaboratively with your recovery team in developing and implementing your recovery plan. ID360° will inform you of certain actions you must take to allow us to undertake the necessary steps to recover your identity including, but not limited to, obtaining an Identity Theft Affidavit from the FTC by submitting a report of the incident to the FTC, filing a police report of the incident with your local police department, and properly executing a Limited Power of Attorney authorizing ID360° to work on your behalf.
- Taking responsibility for maximizing reasonable preventative actions with regard to safeguarding your identity.
- Reporting illegal activities and fraud to appropriate legal authorities.
- Disclosing relevant information and clearly communicating with recovery team any information that may affect the outcome of your case.
Failure to perform these responsibilities may result in:
- Complication of your identity fraud incident and potential increase in loss and/or liability.
- Inability of ID360° to perform its recovery services and/or loss of effectiveness in the recovery process.
- ID360° exercising its right to discontinue some or all recovery services.
- “ID Recovery Documentation” means the documentation set needed to commence recovery efforts on behalf of the Member including, but not limited to: a duly notarized and signed Limited Power of Attorney, Identity Theft Report (consisting of a copy of the Identity Theft Affidavit from the FTC and a copy of the police report filed with the Member’s local police department), and any other specific documents needed per identity theft type, number of identity thefts and identity theft location.
- “Covered Member” is defined as any person age 18 or older who has been enrolled in the ID360° Protection and Recovery Service. If enrolled in “Family Plan”, covered Member includes spouse or Domestic Partner; and all children under the age of 26. The term “covered Household” is defined as a “covered Member” who enrolled in the ID360° Service and all legal dependents of the enrolled Member (IRS dependency requirements are utilized to determine dependency) either residing at the covered Members residence or attending college at a different address.
- “Identity Fraud” means the wrongful taking of nonpublic information about an individual and the use of such information without such individual’s consent.
- “Service” means the ID360° identity theft protection and recovery service.
- “ID360°” means ID360 LLC.
II. ID RECOVERY SERVICES
- Covered Members will have unlimited toll free access to the Recovery Assistance Center between the hours of 9:00 a.m. and 9:00 p.m. Monday through Friday at 855-728-8743.
- Fully Managed Identity Recovery Service (see details above).
III. LIMITATIONS AND EXCLUSIONS
- Any identity fraud or incident that was discovered or should have been discovered by the covered Member prior to service effective date is not eligible for service.
- Business losses, including, but not limited to the theft or misuse of the Member’s business name or any other method of identifying the Member’s business, is not eligible for service.
- ID360° cannot be held responsible for failure to provide or for delay in providing services when such failure or delay is caused by conditions beyond its control.
- ID360° cannot guarantee the actual outcome of the recovery process.
- ID360°’s Identity Recovery Service will not apply if the identity fraud is the result of a dishonest, criminal, malicious, or fraudulent act by the covered Member, their spouse, or their child.
- ID360°’s Identity Recovery Service does not cover financial losses of any kind arising from the identity fraud.
- THE ID360° SERVICE IS PROVIDED ON AN “AS IS” BASIS AND, EXCEPT AS SET FORTH HEREIN, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- The Company’s and its Third Party Service Provider’s total aggregate liability for any and all claims, actions, damages, loss, or harm caused by or related to the services shall be strictly limited to the amount paid by you for the services. To the extent allowable by law, you expressly waive any and all claims for or rights to any consequential or punitive damages, lost profits, loss of income, and claims for pain and suffering or emotional distress.
IV. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION OF THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE SHALL BE RESOLVED BY BINDING ARBITRATION. BY AGREEING TO ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR, OR A PANEL OF ARBITRATORS, INSTEAD OF A JUDGE OR JURY. THE PARTIES UNDERSTAND THAY THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE (BY THEIR ACCEPTANCE OF THIS AGREEMENT, IN ACCESSING THE SERVICE OR THE SITE) TO HAVE ANY DISPUTES RESOLVED INDIVIDUALLY THROUGH ARBITRATION.
- MANDATORY ARBITRATION. Any claim, dispute, or controversy (“Claim”) arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”) under the rules and procedures in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any Claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
- CLASS ACTION WAIVER. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). There shall be no right or authority for any Claim to be arbitrated on a Class Action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other members of the Service, or other persons similarly situated. You expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have the authority to combine or aggregate similar claims or conduct any Class Action nor make any award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable must be determined by a court.
V. BILLING AND RATES
- By accepting these terms and conditions you are authorizing ID360°’s third party billing service, Network Merchants Inc., to conduct Credit/Debit Card transactions on an account of your choosing.
- Your billing day is based on your enrollment date. Billing for service will occur on the same day in each subsequent month.
- You may change the day of the month you are billed, method you are billed, or plan by calling 800-962-7466.
- Any and all deductions made from your account are for services in force for the month of the deduction only.
- In the event there are non-sufficient funds (NSF) in your account, Network Merchants Inc. will attempt to collect your monthly service fee during the next billing cycle for monthly subscriptions along with a NSF fee not to exceed $15.00.
- The rate on individual plans is guaranteed for a one (1) year period from the enrollment date, after which ID360° reserves the right to increase the rate each year on the anniversary date of your enrollment. Notice of any rate increase will be posted on the ID360° website. Group rates remain in effect as provided for in the then existing Agreement between ID360° and the sponsoring Group to which you belong.
VI. FEES FOR SERVICE
You agree to pay the applicable fees for the service available to you and in which you enroll. THE SERVICE WILL CONTINUE AND YOU WILL BE RESPONSIBLE FOR THE REGULAR MONTHLY FEE UNTIL YOU NOTIFY ID360° IN WRITING. IF YOU DO NOT PROVIDE WRITTEN AUTHORIZATION TO TERMINATE SERVICE AS SET FORTH IN PARAGRAPH VII, SUBSECTION F, IN ADVANCE OF THE NEXT SCHEDULED MONTHLY FEE, ID360° WILL CHARGE THE MONTHLY FEE TO THE CREDIT CARD WE HAVE ON FILE FOR YOU. NO REFUNDS WILL BE ISSUED.
- The covered Member may cancel this Agreement at any time.
- All cancellation requests shall include the participant’s authorization evidencing the request.
- If a request is made within thirty (30) days of purchase, a full refund will be allowed.
- If there is an active recovery case in progress for an identity fraud event for any covered Member under this Agreement at the time a request for cancellation is received, that case will be immediately terminated and all work on that case will cease.
- These terms and conditions apply from the date of your enrollment until termination of the services by you or by the Company. You may terminate services at any time by notice to ID360°. ID360° may terminate services at any time by notice to you, effective as of the end of the then current and paid month. Upon the effective time of such a termination by you or ID360°, all services and all obligations to pay for or provide service shall cease. Notice of termination shall be given as follows. Your request for termination of ID360° services must be in writing and mailed to ID360°. The address is presently: ID360 LLC, 350 W. Passaic Street, Rochelle Park, NJ 07662, but please verify this on the website (www.yourID360.com). No third party may terminate your account. You will receive written confirmation of the cancellation by email or first class mail.
These Terms and Conditions constitute the entire and final agreement between you and ID360 LLC with regard to the subject matter hereof. ID360 LLC reserves the right to modify these Terms and Conditions at any time, without prior notice, by posting Amended terms on the ID360° website. In the event that the Amended terms are not acceptable to you, you may exercise your right to terminate this Agreement as provided in section VII. This Agreement will be governed and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
IN CASE OF IDENTITY FRAUD, MEMBERS MAY CALL 855-RCV-URID (855-728-8743)
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOU RESIDE IN THE UNITED STATES, THAT YOU HAVE A VALID UNITED STATES SOCIAL SECURITY NUMBER, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT, AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT THE SERVICES COVER ONLY YOUR PERSONAL ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID UNITED STATES SOCIAL SECURITY NUMBER.
THIS AGREEMENT IS NON-TRANSFERABLE. THIS IS NOT AN INSURANCE CONTRACT, NOR DOES ID360 LLC OFFER LEGAL ADVICE. WE ARE NOT A LEGAL SERVICE AND NOT A SUBSTITUTE FOR LEGAL ADVICE PROVIDED BY A DULY LICENSED ATTORNEY.