Terms and Conditions
I understand and agree to the following: I can cancel my Protection at any time by contacting TrueSweep via email, phone or mail as indicated in the Contact Us page; my card will automatically be charged $84.95 today.
MILLION DOLLAR GUARANTEE
& SERVICE LIMITED WARRANTY PROVIDED THROUGH
LLOYD’S OF LONDON
Limited Warranty: We warrant to you, the registered customer ("You" or "Your"), that the service that you receive under your subscription ("Service") will perform substantially in
accordance with any written specifications provided to You
during the entire term of Your subscription ("Warranty").
Remedy: IF THE SERVICE FAILS TO COMPLY WITH THE WARRANTY, SHALL: (I) USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE FAILURE; AND IF (AND ONLY IF) YOU SUFFER A STOLEN IDENTITY EVENT (AS DEFINED BELOW) AS A DIRECT RESULT OF SUCH FAILURE, (II) PROVIDE YOU WITH THE BENEFITS AND RESTORATION SERVICES (BOTH AS DEFINED BELOW).
STOLEN IDENTITY EVENT
A "Stolen Identity Event" means the theft or Your personal identification, social
security number, or other method of identifying You, which has or could
reasonably result in the wrongful use of such information, including, but not
limited to stolen identity events occurring on or arising out of your use of the
internet. All loss resulting from Stolen Identity Event(s) and arising from the
same, continuous, related or repeated acts shall be treated as arising out of a
single stolen identity event occurring at the time of the first stolen identity event.
Stolen identity event shall not include the theft or unauthorized or wrongful use of
Your business name, d/b/a or any other method of identifying any business
activity.of yours.
YOUR SOLE REMEDY, AND THE EXCLUSIVE LIABILITY FOR ANY VIOLATION OF THE WARRANTY IS THE FOLLOWING:
BENEFITS
We reimburse You for only the following ("Benefits"):
Costs
Necessary costs incurred by You in the United States for re-filing applications for
loans, grants or other credit instruments that are rejected solely as a result of a
Stolen Identity Event.
Necessary costs incurred by You in the United States for notarizing affidavits (or
other similar documents), and long distance telephone calls and postage,
incurred solely as a result of Your efforts to report a Stolen Identity Event and/or
amend or rectify records as to Your true name or identity as a result of a Stolen
Identity Event.
Necessary costs incurred by You for up to six credit reports from established
credit bureaus dated within twelve (12) months after You become aware of a
Stolen Identity Event.
Lost Wages
Actual lost wages that would have been earned in the United States, whether
partial or whole days, for time reasonably and necessarily taken off from work
and away from your work premises solely as a result of Your efforts to amend or
rectify records as to Your true name or identity as a result of a Stolen Identity
Event. Actual lost wages includes remuneration for vacation days, discretionary
days, floating holidays, and paid personal days and excludes business
interruption or future earning of a
self-employed professional.
Computation of lost wages for self-employed professionals must be supported by and will be based on prior year tax returns. Self-employed individual means a person who owns or
operates his or her own business or trade and whose primary income is earned
from such business or trade. Coverage is limited to wages lost 12 months after
your discovery of a stolen identity event.
Legal Defense Fees and Expenses
Reasonable and necessary fees and expenses incurred in the United States by
You (after obtaining our express prior written consent) for an
attorney expressly approved by us in writing for (and only for):
Defending civil suits brought against You by a creditor or collection agency or
entity acting on behalf of a creditor for non-payment of goods or services, or
default on a loan, directly resulting from a Stolen Identity Event; and
Removing any civil judgment wrongfully entered against You as a result of the
Stolen Identity Event.
Criminal defense for charges brought against you as a result of the stolen identity
event. However, we will only pay for this after it has been established by acquittal
or dropping of charges because you were not in fact the perpetrator.
RESTORATION SERVICES
We shall provide to You only the following restoration services
("Restoration Services"):
• Providing You with an information package including a description of the
resolution process, educational articles, and guidance for avoiding future
complications ("Claims Kit").
• Reviewing Your credit files with You to determine the accuracy of the file
and potential areas of fraud.
• Notifying (as needed) Your affected creditors, financial institutions, credit
card companies, utility providers, and merchants of the identity fraud.
• Providing information to the Federal Trade Commission (FTC), and to
other government agencies as appropriate.
• When appropriate, providing assistance with obtaining and reviewing Your
Social Security Personal Earnings and Benefits Statement.
• Creating and maintaining a case file to document the identity fraud.
Restoration Services will only be performed by Us after
our receipt from You of written authorization to undertake such
services. Restoration Services are subject to our standard practices
and procedures and may be modified by us at anytime time
(including, without limitation, as we deems reasonably necessary
given the nature of the applicable Stolen Identity Event).
WARRANTY LIMITS
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE AMOUNTS
EXPENDED BY US (INCLUDING, WITHOUT LIMITATION,
AMOUNTS REIMBURSED TO YOU) UNDER THIS LIMITED WARRANTY
SHALL NOT EXCEED, IN THE AGGREGATE, US$ 1,000,000 FOR ALL
STOLEN IDENTITY EVENTS (REGARDLESS OF THE CIRCUMSTANCES,
INCLUDING, WITHOUT LIMITATION, YOUR OWNERSHIP OR USE OF
MULTIPLE SUBSCRIPTIONS TO THE SERVICE) ("WARRANTY LIMIT").
WARRANTY CONDITIONS AND EXCLUSIONS
This Limited Warranty provides benefits to You for a Stolen Identity Event only if:
(i) You report such Stolen Identity Event at 1-800-511-9165 as
soon as You become aware of such event, but no later than three (3) months
after the Stolen Identity Event occurs.
(ii) You strictly follow all instructions set forth in the Claims Kit, and
otherwise provided to You by Us for such Stolen Identity Event.
These instructions may require You to, among other things, notify major credit
bureaus, the Federal Trade Commission's Identity Theft Hotline and appropriate
law enforcement authorities of such Stolen Identity Event.
(iii) At the time of the Stolen Identity Event and Your discovery of such event,
You are a current, registered subscriber to the Service ("Subscriber"). For clarity,
You will not have the right to receive any Benefit with respect to Stolen Identity
Events that occur prior to the time You are a Subscriber, or that are discovered
by You after You are no longer a Subscriber.
(iv) You are otherwise in full compliance with all other terms and conditions for
use of the Service (including, without limitation, the term of use.
If We find that You misrepresented any information required by
Us to provide the Benefits, or misrepresented that You were
Subscriber when Your information was misused, or misrepresented any
information required for You to become Subscriber, You agree to promptly
reimburse Us for any amounts We have paid in connection
with Your Benefits claim, including, without limitation, any costs We
incur to collect such amounts from You. If You are found, or We
reasonably believes you are, (i) guilty of a crime related to any loss which You
attribute to identity theft, or (ii) otherwise responsible for the Stolen Identity
Event, We shall be entitled to recover all Benefit amounts paid on
Your behalf with respect thereto.
Disclaimer; Additional Terms:
EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, NEITHER WE NOR ANY OF OUR RESPECTIVE SUPPLIERS OR VENDORS MAKES ANY WARRANTY (EXPRESS OR IMPLIED) WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. IN THE EVENT THAT ANY OF THE PROVISIONS OF THIS LIMITED WARRANTY SHALL BE HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE ILLEGAL, INVALID OR UNENFORCEABLE, SUCH PROVISIONS SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THIS LIMITED WARRANTY SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT.
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