If you (hereinafter “you”) become a victim of Identity Theft (as defined below) while enrolled in and using the Family Secure product, ConsumerInfo.com, Inc. (hereinafter “we”, “our” or “us”) will reimburse you for certain Identity Theft Expenses (as described in Section 3, below) up to $2 Million, subject to the terms and conditions of this Guarantee. “Identity Theft” means that your name, address, Social Security number, bank, or credit card account number, or other personally identifying information was used without your knowledge or approval to commit fraud or other crimes. The maximum amount that we will pay you is $2 Million for Identity Theft Expenses as a direct result of an Identity Theft.
1. GUARANTEE PERIOD: Under the $2 Million Family Secure Guarantee, we will reimburse you solely for Identity Theft Expenses you incur as a direct result of an Identity Theft that occurs while you are actively enrolled in the above listed product and are a member in good standing (“Guarantee Period”).
2. WHAT YOU MUST DO:
During the Guarantee Period, you must take an active role in protecting yourself against Identity Theft by using Family Secure as described below. To be eligible to seek and retain reimbursement under this Guarantee, you must do the following:
(a)
You have an obligation to review your credit report and any email or other notification we may send you and if, upon your review, you observe suspicious activity (including, but not limited to, credit cards or loans you did not apply for, credit inquiries you did not authorize, etc.) and/or suspect an Identity Theft, you must:
(i)
File a police report with the relevant police authority within the earlier of ten (10) days from the date we sent you such email or other notification or the date that you first had knowledge of an Identity Theft;
(ii)
Report the suspected Identity Theft to our Fraud Resolution Department within the earlier of ten (10) days from the date we sent you such email or other notification or the date that you first had knowledge of an Identity Theft (contact our Fraud Resolution Department Monday-Friday, 6:00 a.m. to 6:00 p.m., Pacific Time at 1-888-609-2456;
(iii)
Place a fraud alert with Experian, Equifax and TransUnion within ten (10) days from the date you had knowledge of an Identity Theft (to learn more about fraud alerts or to place a fraud alert on your Experian credit report go to
www.experian.com/fraud);
(iv)
Work directly with our Fraud Resolution Department to pursue all sources of potential reimbursement and submit all documentation you may receive, if any, relating to the resolution of any such requests for reimbursement from such sources, and/or assign your right to us to seek and recover funds reimbursable under this Guarantee, and reimburse us in the event you obtain recovery of any amounts paid by us hereunder. For example, if we pay a direct expense under this Guarantee to you or on your behalf and you later recover the amount paid to you or on your behalf, then we are entitled to receive, retain or recover the amount paid to you or on your behalf. You must provide all reasonable and necessary assistance to us in our recovery and reimbursement efforts; and
(v)
You agree to pay and/or reimburse us for any amount paid to you or on your behalf under this Guarantee due to your misrepresentation, as defined in Section 4, below, in connection with an Identity Theft.
3. WHAT WE WILL DO: Under the $2 Million Family Secure Guarantee, we will reimburse you solely for the following Identity Theft Expenses incurred as a direct result of an Identity Theft that occurs during the Guarantee Period while you are using Family Secure as described above:
(a)
Stolen Funds: Funds directly stolen from you that are related to any account that is included on your Experian credit report provided that you assign any rights you might have to us for recovery or reimbursement as further provided below;
(b)
Legal Expenses: Reasonable and necessary attorney fees or court costs associated with defending any suit brought against you by merchants, financial institutions or other credit grantors or their collection agencies, or the removal of any criminal or civil judgment wrongly entered against you. You must obtain our advanced written consent to your choice of any attorneys and/or legal counsel, and we reserve the right to select such attorneys and legal counsel. You must forward all attorney invoices to us on a current basis;
(c)
Lost Wages: Actual United States wages or salary you lose as a direct result of time off work taken by you to report an Identity Theft;
(d)
Miscellaneous: Loan applications fees, long distance telephone costs, mailing and postage costs, costs of having affidavits or other documents notarized; and
(e)
Private Investigators: Any fees or costs associated with the use of any investigative agencies or private investigators. You must obtain our advanced written consent to your choice of private investigators, and we reserve the right to select such private investigators. You must forward all private investigator invoices to us on a current basis (collectively, “Identity Theft Expenses”).
4. WHAT WE WILL NOT DO: We will NOT reimburse you for any expenses, damages or losses that are not expressly described in Section 3 above, including without limitation the following types of expenses, damages or losses you incur in connection with an Identity Theft:
(a)
Any expense, damage or loss due to any act of theft, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any of your authorized representatives, whether acting alone or in collusion with you or others (collectively, your “Misrepresentation”) and you expressly agree to reimburse us for any expense, damage or loss due to your Misrepresentation;
(b)
Any expense, damage or loss arising from the theft or unauthorized or illegal use of your business name, “d/b/a,” or any other method of identifying your business activity;
(c)
Any expense, damage or loss due to bodily injury, sickness, emotional distress or breakdown or any other medical condition, including without limitation, lost wages or salary;
(d)
Any expense, damage or loss due to the termination of your employment or separation from your employment, whether temporary or permanent, for any reason;
(e)
Any expense, damage or loss of any type for which a credit card company, bank, creditor or other third party is legally liable for;
(f)
Any expense, damage or loss incurred by you from an Identity Theft that did not occur during the Guarantee Period; and
(g)
Any expense, damage or loss in connection with an Identity Theft if you fail to comply with all obligations, requirements, terms and conditions of Section 2 entitled “What You Must Do.”
5. HOW TO REQUEST REIMBURSEMENT: To request reimbursement under the $2 Million Family Secure Guarantee, you must contact our Fraud Resolution Department Monday-Friday, 6:00 a.m. to 6:00 p.m., Pacific Time at 1-888-609-2456 to obtain an Identity Theft Expense Reimbursement Request Form. To receive reimbursement, you must submit the following documentation to one of our Fraud Resolution Representatives, all within the timeframes described in Section 2 above: (a) a completed and signed Identity Theft Expense Reimbursement Request Form; (b) proof that a fraud alert was placed with either Experian, Equifax or TransUnion; (c) if applicable, a copy of any settlement agreement reached by each party (creditors, collection agency, banks, etc.) involved with an Identity Theft; (d) a copy of a police report from your local jurisdiction and provide proof that such police report was filed; (e) copies of all receipts, bills, pay stubs, court documents and other records that support the Identity Theft Expenses incurred by you.
6. OUR RIGHT TO TERMINATE $2 MILLION FAMILY SECURE GUARANTEE: We expressly reserve the right to terminate and discontinue offering the $2 Million Family Secure Guarantee at any time in our sole and complete discretion. If we terminate the $2 Million Family Secure Guarantee, you will be notified in writing. We will continue to honor the $2 Million Family Secure Guarantee for an Identity Theft that occurred during the Guarantee Period while you were using Family Secure as described above.
THE $2 MILLION FAMILY SECURE GUARANTEE IS NOT OFFERED, APPLICABLE OR AVAILABLE TO RESIDENTS OF THE STATE OF NEW YORK.