Terms & Conditions

Thank you for choosing MY SAFE IDENTITY, identity theft restoration services (the “Services”). The following terms and conditions (these “Terms”) apply to your paid subscription (including all enrollments and activations) for Services offered by MY SAFE IDENTITY (each, a “Subscription”) through this website or otherwise. These Terms shall remain valid and effective until modified or terminated by MY SAFE IDENTITY, or until you or MY SAFE IDENTITY validly terminate your Subscription or your payment method is no longer valid. Please read these Terms in their entirety.

By accepting these Terms, either (i) by clicking a box on the website indicating your acceptance or (ii) by using the Services, this website or completing an order form that references these Terms, you agree to be bound by the conditions and obligations set forth herein and all applicable laws and regulations, as well as the terms of the Privacy Policy (also available on the website). If you are entering into this agreement on behalf of another individual(s), you represent that you have the authority to bind such individual(s) to these Terms, in which case the terms “you” or “your” shall refer to such other individual(s) as well. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services. These Terms were last updated on December 15, 2014. They are effective between you and MY SAFE IDENTITY as of the earlier date of your acceptance of these Terms or your Subscription for Services. These Terms may be updated from time to time, and you should check these Terms regularly to be sure that you are aware of any changes hereto as such changes may arise.

YOU UNDERSTAND AND AGREE THAT THE SERVICES SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER CREDIT REPORTING AGENCIES. YOU ALSO UNDERSTAND AND AGREE, THOUGH IT IS NOT LIKELY, THAT THERE MAY BE A DELAY OF SEVERAL DAYS BETWEEN THE TIME IN WHICH YOU SUBSCRIBE FOR SERVICES UNTIL THE SERVICES ARE ACTUALLY ACTIVATED. MY SAFE IDENTITY reserves the right to modify, suspend or discontinue the Services at any time, with or without notice or liability to you; provided, however that MY SAFE IDENTITY shall provide a partial reimbursement for any fees paid in connection with the Services through the date that such Services were suspended or discontinued.

Activation Codes

If you are using an activation code in connection with your Subscription, you are restricted to a one-time use of such activation code. Any subsequent use of the activation code by you, your family members or any other individuals will result in immediate termination of any associated Services without notice. In addition, if you improperly obtain Services with an invalid or unauthorized activation code, any credit card number or other payment method, which you may have provided to MY SAFE IDENTITY, may also be charged with the fee associated with any Services obtained in connection with Services that were obtained with an invalid or unauthorized activation code. Memberships activated of http://activate.MYSAFEIDENTITY.com (the ‘website”) using a valid activation code and providing all required information are the only memberships covered by MY SAFE IDENTITY.

Subscriber Obligations

By subscribing for the Services, and in consideration of MY SAFE IDENTITY performance in connection with such Services, you agree to and shall provide MY SAFE IDENTITY with complete, accurate and up-to-date personal information for yourself and any family members you are enrolling or activating for Services through this website or through any other form of Subscription. In addition, you also agree to update any and all personal information in writing to MY SAFE IDENTITY, which has otherwise become inaccurate, incomplete or outdated following your original enrollment date during the term that you continue to hold your Subscription. You also have an obligation to inform MY SAFE IDENTITY promptly in the event that you suspect your identity has been compromised in any fashion. You will need to call the toll free number provided during membership enrollment along with your membership number and a copy of a valid local police report, which MY SAFE IDENTITY will review for approval of claims. Your failure to provide complete, accurate and up-to-date information and otherwise notify MY SAFE IDENTITY of suspected identity theft shall release MY SAFE IDENTITY from any liability to you with respect to MY SAFE IDENTITY’s inability to provide any or all Services, as MY SAFE IDENTITY will not be able to provide the Services in the absence of such information.

Use of Subscriber Information

MY SAFE IDENTITY will share your personal information only (i) as required by law or as needed in connection with the transfer of MY SAFE IDENTITY’s business assets (to comport with U.S. law, MY SAFE IDENTITY does not share information with any unaffiliated third parties for marketing purposes); (ii) with other MY SAFE IDENTITY businesses, if any, and (iii) with agents and third party product and service providers who use subscribers’ information on MY SAFE IDENTITY’s behalf, as in the event a third party entity provides identity theft restoration services for MY SAFE IDENTITY subscribers.

Access to Services

You are responsible for providing all personal computer and communications equipment necessary to gain access to the Services and the website. Access to certain of the Services may be gained through a combination of a user id and password. You must keep your password strictly confidential. Unauthorized access to the website may subject such unauthorized user to prosecution and/or other legal redress. By subscribing for the Services, you agree that MY SAFE IDENTITY may notify you via electronic mail in connection with all information concerning MY SAFE IDENTITY, the website, your identity, any Subscription or renewal information and all other information related to the Services.

Private Information Authorization

You understand and agree that you are providing MY SAFE IDENTITY with your “written instructions” in accordance with the Fair Credit Reporting Act, and you are authorizing MY SAFE IDENTITY to obtain personal information on your behalf and, as the case may be, your family members’ behalves, to the extent that such family members have been included in the Subscription (including minor children) for the purpose of providing the Services, including, as applicable to your Subscription and any future Services you may order, identity theft resolution, recovery and restoration services.

The Fair Credit Reporting Act (“FCRA”) requires each of the nationwide consumer reporting companies — Equifax, Experian, and TransUnion — to provide you with a free copy of your credit report, at your request, once every 12 months. The FCRA promotes the accuracy and privacy of information in the files of the nation’s consumer reporting companies. The Federal Trade Commission, the nation’s consumer protection agency, enforces the FCRA with respect to consumer reporting companies. Failure to comply with the FCRA can result in state, federal and private enforcement actions or lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.

The FCRA also permits you to dispute inaccurate information in your credit report without charge. ACCURATE INFORMATION CANNOT BE CHANGED. You do not have to purchase the Services in order to dispute inaccurate or incomplete information in your credit file, or to receive a copy of your consumer credit report.

Subscription Fees

MY SAFE IDENTITY will send an electronic mail reminder approximately 60 days before your Subscription is set to expire, providing you with an opportunity to renew your subscription at the best current available rate. When a termination is requested, MY SAFE IDENTITY will not refund your unused portion of your current Subscription. You may not assign or transfer you Subscription to any other person or entity. Should you request a refund, which is denied for a valid reason under these Terms, and should you subsequently file a claim against MY SAFE IDENTITY. MY SAFE IDENTITY shall be entitled to collect from you all costs (including attorneys’ fees) associated with defending such a claim.

Proprietary Rights

You acknowledge and agree that MY SAFE IDENTITY owns and retains all legal right, title and interest in and to the Services, including any intellectual property rights related to the Services. You agree that in using the Services, you will not use any trademark, servicemark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Warranty and Liability Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, WEBSITE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES, THE WEBSITE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AGAINST DEFECTS, VIRUSES, OR INTERRUPTION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MY SAFE IDENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICES OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, MY SAFE IDENTITY’s COLLECTIVE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) YOU PAID TO MY SAFE IDENTITY FOR THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS MY SAFE IDENTITY FROM DISCLAIMING LIABILITY HEREUNDER, THIS DISCLAIMER OF LIABILITY MAY NOT APPLY TO ALL SUBSCRIBERS.

Services Performed by MY SAFE IDENTITY

Some or all services provided within MY SAFE IDENTITY products are provided through an alliance. MY SAFE IDENTITY representations include guarantees provided to MY SAFE IDENTITY members in accordance with guarantees provided to MY SAFE IDENTITY.

In connection with your Subscription, MY SAFE IDENTITY shall perform those Services listed below, subject to the limitations set forth in these Terms. Whenever the terms “identity theft”, “identity theft event”, “incidence of identity theft” and the like are used herein, such terms shall mean the theft of your personal identification, including a Social Security number or other identifying information, which has or could reasonably result in the wrongful use of such information, including, but not limited to, identity theft events occurring on or arising out of your use of the Internet. The terms “identity theft”, “identity theft event”, “incidence of identity theft” and the like shall not include the theft or wrongful use of your business name, d.b.a., or any other identifying information related to any of your business activity. All losses resulting from the same, continuous, related, or repeated acts shall be treated as arising out of a single event occurring at the time of the first such event reported by you to MY SAFE IDENTITY.

IN ORDER TO MAKE A VALID CLAIM TO MY SAFE IDENTITY REGARDING YOUR INCIDENCE OF IDENTITY THEFT, YOU MUST BE A MEMBER CONTINUOUSLY AT AND FROM (I) THE TIME OF THE THEFT UNTIL AND AFTER (II) THE TIME OF MAKING YOUR CLAIM. IF YOU DO NOT HAVE A VALID SUBSCRIPTION FROM THE TIME YOUR IDENTITY IS STOLEN THROUGH THE TIME OF YOUR CLAIM, MY SAFE IDENTITY WILL NOT PROVIDE YOU WITH RECOVERY, RESTORATION OR ANY OTHER SERVICES IN CONNECTION WITH THE THEFT.

MY SAFE IDENTITY shall perform the following Services on your behalf:

MY SAFE IDENTITY will provide you with a personal ID Coach℠ to provide you with information and guidance regarding identity theft-related matters;.Upon your notification to MY SAFE IDENTITY that you suspect your identity has been stolen, MY SAFE IDENTITY will assign an individual to assess your identity theft claim;

In the event that MY SAFE IDENTITY confirms that you are a victim of identity theft, MY SAFE IDENTITY will open a case file in your name and you will be assigned a personal identification restoration advocate; You will be required to provide MY SAFE IDENTITY with all details concerning the identification theft, and any personal information and/or signed documentation necessary for MY SAFE IDENTITY to proceed on your behalf; MY SAFE IDENTITY will instruct you on how to file a police report; MY SAFE IDENTITY will review your personal financial information to determine the necessary steps to begin the identity recovery and restoration process, and MY SAFE IDENTITY will develop a plan for recovery. Your cooperation in completing the recovery plan is a condition of the continued involvement of the ID Coach and any MY SAFE IDENTITY identity theft assistance personnel; MY SAFE IDENTITY will contact banks, lending institutions, public agencies, debt collection agencies and other entities and bodies in order to begin the dispute resolution process in connection with fraudulent transactions related to your identity; and Following restoration of your identity and restoration of your pre-theft standing, MY SAFE IDENTITY will advise you regarding plans for future protection and identity theft prevention.

In connection with Family Plans, MY SAFE IDENTITY will provide all of the services listed above for each respective plan for up to two (2) adults and all children living in the household. As used herein, “children” means persons twenty-five (25) years of age or younger, living in the same household as the primary subscriber, who qualify as such by virtue of lawful birth or legal adoption, other than individuals adopted after attaining the age of twenty-one (21) years. To the extent that an individual between the ages of eighteen (18) and twenty-five (25) is the primary subscriber, such individual shall not be considered a “child” hereunder..

MY SAFE IDENTITY and its employees, agents, officers, independent contractors, assigns and other authorized third parties, reserve the right to make an independent investigation of your identity theft claim, including any and all facts and circumstances related to any claim, including through contacting any party it deems necessary, at its sole and absolute discretion and expense, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your claim. You hereby consent and agree that you authorize MY SAFE IDENTITY to perform any such investigation with respect to claims that you have made.

MY SAFE IDENTITY reserves the right to require you to provide evidence of your identity theft event, including any unauthorized transaction, and any other facts related to your claim, including a signed affidavit, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that MY SAFE IDENTITY may deem necessary and reasonable prior to honoring your claim or providing any reimbursement of expenses or financial losses. In the event that you do not provide MY SAFE IDENTITY with any and all information requested, MY SAFE IDENTITY reserves the right to reject your claim and not provide you with any assistance in your identity theft event.

MANY OF THE SERVICES OFFERED TO BE PERFORMED BY MY SAFE IDENTITY CAN BE PERFORMED BY YOU FREE OF CHARGE.

MY SAFE IDENTITY WILL ALSO NOT COVER YOU FOR ANY IDENTITY THEFT EVENTS THAT ARISE DUE TO ANY DIRECT OR INDIRECT, PHYSICAL, IN-PERSON FRAUDULENT ACTIVITY (AS OPPOSED TO ELECTRONIC TRANSFERS OF MONEY), INCLUDING WITHOUT LIMITATION, FORGED DOCUMENTS, INCLUDING CHECKS AND THE LIKE.

Filing a Claim

Upon your discovery of any act of identity theft perpetrated against you, you must promptly notify MY SAFE IDENTITY of the same by contacting the identity theft hotline at the number provided to you in an email confirmation after you complete membership enrollment.

General

Entire Agreement

These Terms constitute the entire agreement between MY SAFE IDENTITY and you concerning all Services provided to you by MY SAFE IDENTITY, completely replaces any prior agreements between you and MY SAFE IDENTITY in relation to Services and may be amended only by MY SAFE IDENTITY with or without notice at any time.

Compliance with Applicable Laws

You must abide by all applicable State and Federal laws, and report illegal activities and fraud to appropriate legal authorities. Failure to do so will terminate your membership and all Subscription benefits.

Indemnification

You agree to indemnify, defend and hold MY SAFE IDENTITY and any of its affiliates and all of our and their respective agents, directors, employees, information providers and licensors and licensees harmless from and against any and all liability and costs (including attorneys’ fees and costs) incurred by any of these parties in connection with any claim arising out of any breach by you of these Terms. In the event that either (a) you are the subject of claims for which you properly seek damages from us under these Terms, or (b) we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims in clause (a) and at your expense in the case of claims in clause (b), to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent.

Governing Law

These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and MY SAFE IDENTITY agree to submit to the exclusive jurisdiction of the courts of Florida and you expressly consent to the exercise of personal jurisdiction in the courts of Florida to resolve any legal matters arising from these Terms or the use of the Services or the website. If any provision of these Terms should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms if no such modification is possible, and other provisions of these Terms shall remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

Arbitration

You agree that MY SAFE IDENTITY may elect to have any unresolved claim or dispute submitted to binding arbitration for resolution. You consent and agree that in the event of any such election by MY SAFE IDENTITY, such arbitration shall take place in Largo, Florida, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at that time.

Subscriber Covenants

You agree that you are only providing your own personal information and not the information of any other individual, except in the case of a Family Plan, in which case you agree that you are authorized to provide such other information which you are submitting. You agree that the information you provide during the registration process and any subsequent information you provide to MY SAFE IDENTITY is true, accurate, and current. YOU ARE OBLIGATED TO CONTACT MY SAFE IDENTITY IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED TO MY SAFE IDENTITY HAS CHANGED.

You agree that you are eighteen (18) years of age or older.

You agree to pay us the fee we publish for the Services, less any discounts to which you may be entitled.

Agreement Assent

YOU AND MY SAFE IDENTITY HAVE ENTERED INTO THESE TERMS, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR VIA PHYSICAL COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THESE TERMS. IN THE FUTURE, YOU AGREE TO BE BOUND TO THESE TERMS, AND MODIFICATIONS HERETO, BY CONTINUING TO USE OUR SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED TO THE WEBSITE OR SENT TO THE EMAIL ADDRESS YOU HAVE PROVIDED. ANY OTHER COMMUNICATIONS, INCLUDING BILLING, PAYMENT, AND/OR DISCLOSURES WILL BE MADE VIA THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT OR POSTED TO THE WEBSITE. THESE TERMS MAY BE PRINTED OR RETAINED BY YOU FOR FUTURE REFERENCE.

Services Provided and/or Performed by Third Parties

Except as otherwise set forth herein, you acknowledge that when you utilize any other third party products, services or website links provided by MY SAFE IDENTITY or found on the website, such products, services and other third party materials are not controlled by MY SAFE IDENTITY and MY SAFE IDENTITY is not responsible for such products, services or other third party materials. MY SAFE IDENTITY cannot ensure that you will be satisfied with any products or services that you purchase from a third-party or any site that links to or from the MY SAFE IDENTITY website. MY SAFE IDENTITY strongly encourages you to investigate all such transactions with any third parties. MY SAFE IDENTITY makes no warranty, express or implied, as to such third party products, services or websites and accepts no liability whatsoever for any errors and omissions or for any damage or injury to persons or property arising out of the use or operation of any such products or services or any materials, instructions, methods or ideas contained on any third party websites.

In connection with third party products and services offered on the MY SAFE IDENTITY website, such third parties shall provide all customer service associate therewith, and you should direct all questions or concerns with such third party provider.

ALL DOWNLOADABLE SOFTWARE AND FILES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONS, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DOWNLOADING AND/OR USING THE SOFTWARE AND FILES IS AT YOUR SOLE RISK, SUBJECT TO ANY WARRANTIES THAT A PARTICULAR THIRD PARTY PROVIDER MAY ASSERT FROM TIME TO TIME.