Customer Terms and Conditions of Use
Last Updated On: August 1, 2022
Certification for All Applicants for Insurance
Upon applying for this insurance (or any insurance herein), the Applicant confirms it has read the respective application entirely and understands that completion of the application does not bind the Underwriter or the Broker to provide coverage. It is agreed, however, that the application is complete and correct to the best of the Applicant's knowledge and belief and that all particulars which may have a bearing upon acceptability as an insurance risk have been revealed.
If there are any particulars or items that the Applicant feels it should reveal to an Underwriter that has not been revealed in the Application, the additional information and/or supplemental information should be immediately provided to the Underwriter for their review and consideration.
It is understood that this application shall form the basis of the contract should the Underwriter approve the coverage, and should the Applicant be satisfied with the Underwriter's quotation. It is further agreed that, if in the time between submission of this application and the requested date for coverage to be effective, the Applicant becomes aware of any information which would change the answers furnished in response to any question of the application, such information shall be revealed immediately to the Underwriter.
This application shall be deemed attached to and form a part of the Policy should coverage be bound.
All Applicants and Customers
This Customer Terms and Conditions of Use, our Services Agreement ("Agreement") provides the terms, rules, and regulations that relate to your enrollment, subscription or purchase of our Core Cyber, Core Cyber Plus, BIZLock, BIZLock Plus, BIZLock Protech, Business Identity Protection or similarly constructed cobranded or white label programs (hereinafter collectively referred to as our "program") and/or any renewal thereof and use of our Identity Fraud, Inc. ("IFI") site and any materials provided by us. NOT ALL OF THE TERMS OF THIS AGREEMENT OR THE BENEFITS PROVIDED HEREIN APPLY TO EVERY PROGRAM. ONLY THOSE BENEFITS AS APPLICABLE TO YOUR PROGRAM SHALL APPLY. PLEASE READ THE ENTIRE AGREEMENT AS YOUR ENROLLMENT AND THE ANSWERS PROVIDED DURING PURCHASE AND/OR ANY RENEWAL MAY REPRESENT AN APPLICATION FOR INSURANCE THAT WILL FORM A PART OF EACH INSURANCE POLICY PROVIDED, IF APPLICABLE.
BY PURCHASING OUR PROGRAM OR USING THE PRODUCTS OR SERVICES, YOU INDICATE YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING THE USE OF ELECTRONIC SIGNATURES AND THE ACCEPTANCE OF INSURANCE DISCLOSURES, INSURANCE CANCELLATION NOTICES, INSURANCE RENEWAL AND NON-RENEWAL OR CONDITIONAL RENEWAL NOTICES AND ALL DOCUMENTS ELECTRONICALLY ONLINE.
Please Note: Our Services may include providing products, services, insurance, membership and/or subscription programs (hereinafter individually and/or collectively also referred to as our "program") from certain third party service providers. You acknowledge and agree that separate terms, conditions and/or obligations may be required of you by our third party providers, including but not limited to their disclosures, disclaimers and privacy practices. In addition, certain insurance products may be provided by us as the licensed insurance intermediary and program administrator in all applicable states. However, specific insurance products may not be available in all states. Please read the insurance sections of this Agreement for important details on items relating to insurance, including our renewal process, and applicable state by state mandatory disclosures. If a draft or specimen copy of our actual policies, their terms, conditions, limitations and exclusions is not made available to you before your purchase, please contact your Agent or feel free to send an email to us requesting an electronic specimen copy of the policy. Given the significance of having insurance coverage for, or not having insurance coverage for, any particular incident or event, we strongly encourage you to consult legal counsel and/or a licensed insurance professional to help you evaluate your insurance coverage needs. Our program and any insurance provided herein do not, and will not, cover all types of incidents. Additionally, our program cannot and will not stop all types of cyber risk incidents, business risks and/or data risk exposures.
Our Obligations To You
Following your successful application, registration and payment of the annual or monthly fee ("Transaction") if applicable, our obligation to you may begin by sending you a confirmation email that your program is active and in force. However, if we send you a confirmation and subsequently discover that your Transaction was not, in our sole discretion, properly processed, including any non-payment, our confirmation and your active status in our program shall terminate according to the terms provided herein.
We shall provide our program for an annual Term starting on the day of your successful Transaction and/or the day selected by your Agent and as agreed to by us. Such Term may include retroactive protection or coverage in our sole discretion and/or as per our insurance policies and terms as described further below. You may transact for our program on a monthly or annual fee basis, if available, and your payment obligation shall be for a full twelve (12) months. If available and in the event you elect the monthly fee basis, we shall continue to process the fee on a recurring basis each month until the end of your annual Term. Please note that a monthly (non-insurance related) surcharge of twenty percent (20%) applies to monthly transactions and as compared to annual transaction(s). At the conclusion of your first and/or any subsequent annual Term(s), we may or may not automatically renew your program, which is based upon your program selection and the options provided therein. In certain cases, and in our sole discretion, you may be provided with our, and/or our insurers, Non-Renewal/Conditional Renewal Notice. We may provide you with the option to purchase a new program having a new Term having the same, similar or different terms and conditions than the expiring program. We will send our Non-Renewal/Conditional Renewal Notice to you based on the email and/or physical address we have on file. To qualify for a new Term, you will need to log into our Customer Center and proceed to complete our online application or, where applicable, complete our offline application. Please note that you may need to modify your program selection based on changes, for example, if your employee size or revenue amount has increased or decreased. If you do not purchase a new program having a new Term and otherwise take no action, our obligation to you shall terminate on your expiration date. Upon renewal, please note that new or additional terms regarding any new Term may apply and that the accuracy of your information at renewal time is essential, as any misrepresentations, whether accidental or intentional, may preclude protection as provided herein.
Our obligation to provide you our program includes your access to our Customer Center, the password protected 'Customer Only' section of our web site accessible from the Customer Center link, for the provision of the following and only as applicable to your specific program:
Items For Which We Are Not Obligated To You
Your Obligations
In order to successfully apply for, transact, receive and renew any one of our programs, you must adhere to the following obligations:
Changes to This Agreement
Our program is subject to change at any time. In the event we improve our program, we will endeavor to notify you of the material improvement, which shall be automatically incorporated herein on the date of such change or modification. Or, if the modification is made to any insurance, then the modification shall be made upon your successful purchase of a program having a new Term, if any. In the event our program is modified to your material detriment, as determined in our sole discretion, we shall endeavor to notify you at the email address we have on file. In the event we are unable to reach you, the changes shall be automatically incorporated herein as of the date of such change or modification.
Additional Terms and Conditions
Our program and our obligations are limited to qualified customers domiciled in the United States and/or territories where we have legal authority to provide our program. In the event this Agreement and/or the obligations provided for herein differ from any website, marketing or other information or material, this Agreement shall prevail over any conflict, discrepancy or inconsistency.
Although the entirety of our Program is Non-Cancellable by you, certain insurance coverages in our program may be cancellable. To cancel the applicable insurance portion of our program, contact us and send us a signed Cancellation Request Acord form (ask your insurance Agent) indicating the cancellation date. We will work with you to ensure your receipt of any return premium due. Please note that a sale of your business may not allow for any return of funds and that rather than return any funds, your program shall continue until the end of its Term. Additionally, if you cancel at any time and we issue a refund, we shall retain a transaction credit card and processing fee up to, but not exceeding, five percent (5%) of the transaction amounts for both i) the original transaction and ii) the refunded amount, to cover our payment processing costs that may total ten percent. We may only waive the transaction processing fee in our sole discretion. Upon the expiration of a current Term, you may have the option to purchase a new program having a new Term. Our obligation to you shall cease on your program expiration date or at the time we cancel or non-renew your program. We may cancel your program at any time in our sole discretion, notwithstanding the specific rights, duties and obligations contained in any of the insurance policies provided herein. If we cancel your program, we shall provide you with a monthly pro-rata refund for the monthly period remaining on your annual term provided you have paid all fees and remain in good standing.
Limitation of Liability
No service provider or product can guarantee that you will not become a victim of identity fraud or otherwise not experience a data theft or cyber related loss. The exposures to business and personal identity fraud and cyber and data loss are significant and various. Neither our program nor any of the service providers herein can address all types of exposures. We further do not guarantee that we will be successful in resolving any incident or any identity fraud incident affecting any person or business.
IDENTITY FRAUD, INC. AND ITS PARTNERS AND AFFILIATES PROVIDE OUR PROGRAM TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER IDENTITY FRAUD, INC. NOR ITS PARTNERS AND AFFILIATES MAKES ANY REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, PLAN BENEFITS, PRODUCTS OR SERVICES AVAILABLE WILL BE ERROR-FREE. IN ADDITION, IDENTITY FRAUD, INC. AND ITS PARTNERS AND AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR USE OF OUR PROGRAM, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR PROGRAM, PLAN BENEFITS, PRODUCTS AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT NEITHER IDENTITY FRAUD, INC. NOR ITS PARTNERS AND AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR PROGRAM, PRODUCT 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.
Indemnification
You agree to indemnify, and hold harmless Identity Fraud, Inc., its officers, directors, shareholders, employees, agents, and representatives (collectively, "Indemnitee"), against all liability, claims, costs, damages, recoveries, settlements, and expenses (including reasonable attorney fees, interest penalties, accounting fees, expert witness fees and costs) incurred by Indemnitee arising from or related to any suits, actions, and claims, whether known or unknown, contingent or otherwise, directly or indirectly arising from or related to any untruth, inaccuracy, misrepresentation, negligence, intentional act or omission, or breach of any warranties or agreements made by you pursuant to this Agreement.
Applicable Law And Forum Selection
This Agreement shall be construed in accordance with the laws of the State of California. You further agree that the jurisdiction and venue for any action that arises or relates to this Agreement, whether in contract or tort, shall be resolved in the Superior Court of the State of California, in and for the County of Contra Costa, in the City of Martinez, County of Contra Costa, State of California.
WAIVER OF TRIAL BY JURY
THE PARTIES TO THIS AGREEMENT EACH AGREE TO WAIVE THEIR SEPARATE RIGHTS TO A TRIAL BY JURY IN ANY COURT ACTION BETWEEN THE PARTIES AND TO ANY CAUSE OF ACTION IN ANY SUCH LEGAL ACTION OR LAWSUIT PURSUANT TO THIS AGREEMENT, WHETHER MADE BY CLAIM, COUNTERCLAIM, CROSS COMPLAINT, THIRD PARTY CLAIM, DIRECT ACTION OR OTHERWISE. THIS WAIVER MEANS THAT THE TRIAL WILL BE BEFORE A JUDGE.
End Agreement - Last Updated August 1, 2022