This Agreement sets forth what you can expect from FPN and what FPN expects from you. Please read it carefully before using any of the products or services (the "Services") provided by this Web site (this "Site").
BY ENROLLING AND USING FPN'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICES.
NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER
These Terms apply to your purchase of any products and/or services offered or provided by FPN and govern the relationship between FPN and you, even if you have agreed to other or conflicting terms and conditions of third parties associated with this business relationship or the provision of such services and/or products.
By clicking the "I have read and agree to the Terms of Service" check box during enrollment or by using our services and/or this Site, you acknowledge that you are providing "written instructions" to FPN, its employees, agents, subsidiaries, affiliates, contractors, third-party data sources and suppliers, and to all credit reporting agencies under the Fair Credit Reporting Act ("FCRA") to access your credit files from each National credit reporting agency (including, without limitation, TransUnion®, Experian® and Equifax® or any of their affiliates), to exchange information about you with each such National credit reporting agency and other third-party service providers in order to verify your identity and to provide products and/or services to you, including but not limited to address history reports, name and alias reports, criminal or sex offender reports, and to provide monitoring or alerts to you.
Those Members originating from the Site will also be eligible to have their rental history reported as a tradeline on their credit report with both Experian® and TransUnion®. FPN provides rental reporting services as a courtesy to Members who enroll through the Site, and although every effort is made to provide rental history each month Member is enrolled, we do not guarantee that the information will be made available for Member or that Experian® and/or TransUnion® will post reported information as a tradeline to Members credit file.
In the event that we bill you directly, you agree that you will make any required payments to us on a timely basis on a monthly or annual basis (as determined by you when you enroll). You authorize us to bill your credit card or other account that you have designated, unless you tell us in advance to cancel your order. In the case of direct payment, you authorize us to: (1) charge your credit card, (2) automatically charge your credit card on a monthly or annual basis for your recurring monthly or annual renewals, as the case may be, and (3) obtain automatic updates for any expiring credit cards you have provided FPN. Monthly or annual fees and renewal fees will be billed at the rate agreed to upon purchase. At cancellation, your FPN account will be de-activated and you will no longer be able to log into our Site and/or have any access to the Services. Except in the case of annual subscription commitments you have agreed to, which shall be nonrefundable, as permitted by law, if you cancel, you agree that fees for the first month of Service and any start-up costs associated with setting up your account ("Start-up Costs") shall be nonrefundable, as permitted by law. With the exception of any subscription commitments agreed by you, if you paid fees in advance for any period longer than one month, then you may, with the exception of fees for the first month of Service and any Start-up Costs, obtain a refund on a pro rata basis for the period remaining after you cancel.
When you provide us with comments, suggestions, or ideas (collectively, "Feedback"), such Feedback is not considered confidential and becomes the property of FPN. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.
Because you can access this Site and use the Services internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the United States or the country of your residence.
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. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) 322-8228 or by using the mail request form available at the central source Website.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
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. For Illinois residents, credit reporting agencies are required by law to give you a copy of your credit record upon request at no charge or for a nominal fee. Otherwise, a consumer credit 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 ANY OF THE CREDIT BUREAUS 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, please contact such entities as follows:
Experian: 1-800-EXPERIAN (1-888-397-3742)
We perform the Services through our corporate headquarters located in the State of Florida. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Florida, regardless of conflict of laws. Subject to Section 11 below (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Broward County, Florida for any dispute or litigation arising out of, relating to, or the use or purchase of Services from FPN.
Notwithstanding any other agreement to arbitrate or other agreement between you and any third party associated with this relationship or the provision of the Services, both FPN and you agree that any dispute, controversy or claim arising out of, or relating to this Agreement or the relationship contemplated hereby, or any interpretation, construction performance or breach of this Agreement or the Services provided by FPN shall be settled by confidential arbitration, in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer Related Disputes) as then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed upon an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will, if practicable, render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on all the parties to the arbitration. Judgment may be rendered on the arbitrator's decision in any state or federal court. Although the cost of the filing fee for the arbitration will be borne equally by you and FPN, all other expenses of the arbitration will be paid by the party who incurred them. In addition to, and separate and apart from, the above agreement to arbitrate, you also agree that you will not participate in any way in any class action in connection with any dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
We are not responsible for delay or failure to perform due to causes beyond our reasonable control.
Please send any notices or other communications regarding our Site, your membership, products or services to Fraud Protection Network, Inc., 2500 East Hallandale Beach Blvd. Suite 404, Hallandale Beach, Florida 33009.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account or contact Customer Service.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are null and void.
You represent that you have read this Agreement and FPN Privacy Statement, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Site and your membership, FPN has relied on your agreement to be bound by the terms of this Agreement.
This Summary is provided to inform you that as a customer of Fraud Protection Network, Inc. (FPN) who is enrolled, in a FPN credit monitoring product that includes identity theft insurance (the "Membership Program"), you are entitled benefits under the Master Policy referenced below. This Summary Description of Benefits does not state all the terms, conditions, and exclusions of the Policy. Your benefits will be subject to all of the terms, conditions, and exclusions of the Master Policy, even if they are not mentioned in this Summary. A complete copy of the Policy will be provided upon request. The Master Policy is self-underwritten by Fraud Protection Network and provides benefits as described in this Summary.
Should you have any questions regarding the Membership Program provided by the Master Policyholder, or wish to view a complete copy of the Master Policy, please call the customer service number located in your membership materials.
Aggregate Limit of Insurance:
$ 25,000 per policy period
Lost Wages: $ 1,000 per week, for 4 weeks maximum
Deductible: $ 0 per policy period
To file a claim under the Master Policy, contact: 1-855-203-0683
We shall pay you for the following:
(A "Stolen Identity Event" is the fraudulent use of your personal identification, social security number, or other method of identifying you. This includes the fraudulent use of your personal identity to establish credit accounts, secure loans, enter into contracts or commit crimes. 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.)
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 90 days after the Stolen Identity is discovered by you.
In addition, you must 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 Master Policy.
You will only be covered if (1) you report the Stolen Identity Event within 30 days of day you become aware, and (2) you first discover the Stolen Identity Event while you are enrolled in a Membership Program. 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.
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 FEE'S AND COSTS ARE PART OF, AND NOT IN ADDITION TO, THE LIMIT OF INSURANCE.
The Lost Wages Limit of Insurance shown above is a sublimit of the Aggregate Limit of Insurance and is the most we shall pay you for lost wages.
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.
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: