BY ACCESSING OR USING
ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO
BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE
THE WEB SITE. YOU MUST READ AND ACCEPT THIS TOS BEFORE USING ANY SERVICE OR
PRODUCT PROVIDED BY FRONTLINE IDENTITY. THESE TOS CONTAINS AN ARBITRATION PROVISION
AND WAIVER OF CLASSWIDE PROCEEDINGS WHICH MAY BE ENFORCED BY THE PARTIES.
This Terms of Service
("TOS") is a legally binding agreement made by and between Frontline Identity ("we"
or "us") and you, personally and, if applicable, on behalf of the entity for
whom you are using this web site (collectively, you). This TOS governs your use
of FrontlineIdentity.com and all related web pages, portals and interfaces (collectively,
the "Web Site") and the services we offer on the Web Site ("Services"), so
please read it carefully.
1.
Your
Acceptance of the TOS. This TOS is a contract between you and Frontline Identity.
You accept this contract when you (a) use the Website; (b) use or attempt to
use the Services; (c) sign, or submit your electronic signature to, this
Agreement; and/or (c) otherwise sign any contract for the Services with us via
other means. If you do not accept this Agreement, then you must not do any of
these things.
2.
Using
The Web Site.
a.
Offers
Void Where Prohibited. All offers on our Web Site or otherwise are void where
prohibited by any applicable law or regulation.
b.
Eligibility.
Except as expressly provided below, the Web Site may only be used by
individuals and entities who can form legally binding contracts under
applicable law. No person under the age of 18 may use the Web Site without the
supervision of a parent or legal guardian. Your use of the Web Site will be
deemed to be a representation that you are 18 years of age or older or using the
Website with the permission of your parent or guardian. We require that all
enrollments be made by individuals 18 years of age or older. While a parent or
guardian may use the Web Site to consult with a doctor about their child, no
child may use the Web Site on their own behalf or maintain their own Web Site
customer account. The Site is meant for use by individuals residing within the
United States only; others may not use the Site at this time.
c.
Permission for Future Contact. Where
required by law, we will seek your consent prior to sending you any marketing
materials. To the extent allowed by law, the provision of your email and phone
number to us constitutes your prior express written consent, and electronic
signature, authorizing us to contact you at that email address and phone
number, including through the possible use of an automatic telephone dialing
system or artificial or prerecorded voice, live calls and text messages, for
both promotional and informational reasons. You agree that this consent may be
assigned by us to third parties and affiliates. You are not required to provide
such consent in order to make a purchase as you can always contact us directly
to arrange an alternate purchase method.
By providing your telephone number to us, you certify that this is your
own number that you own, and not a line owned or used by another, and that you
will immediately notify us if your number changes or is reassigned. You agree
to indemnify us if this is not the case and if the future owner or user of the
number makes a claim against us for contact at that number. You may opt out of
such contact at any time and through any of the reasonable methods outlined in
our Privacy Policy.
d.
License
and Restrictions. Subject to the terms and conditions of this TOS, you are
hereby granted a limited, non-exclusive right to use the content and materials
on our Web Site in the normal course of your use of the Web Site. We will
retain ownership of our intellectual property rights and you will not obtain
any rights therein by virtue of this TOS or otherwise, except as expressly set
forth in this TOS. You will have no right to use, copy, display, perform,
create derivative works from, distribute, transmit or sublicense materials or
content available on the Web Site, except as expressly set forth in this TOS.
e.
Prohibited
Conduct. In your use of the Web Site, you may not: (i)
infringe any patent, trademark, trade secret, copyright, right of publicity or
other right of any party; (ii) disrupt or interfere with the security or use of
the Web Site or any web sites linked to the Web Site; (iii) interfere with or
damage the Web Site, including, without limitation, through the use of viruses,
cancel bots, Trojan horses, harmful code, flood pings, denial of service
attacks, packet or IP spoofing, forged routing or electronic mail address
information, or similar methods or technology; (iv) impersonate another person
or entity, misrepresent your affiliation with a person or entity, including
(without limitation) us, or use a false identity; (v) attempt to obtain
unauthorized access to the Web Site; (vi) engage, directly or indirectly, in
transmission of spam, chain letters, junk mail or any other type of unsolicited
solicitation; (vii) collect, manually or through an automatic process,
information about other users or the Web Site without their or our express
written consent; (viii) submit false or misleading information to us; (ix)
violate any law, rule, or regulation; (x) engage in any activity that
interferes with any third party's ability to use or enjoy the Web Site; or
(xii) assist or encourage any third party in engaging in any activity
prohibited by this TOS.
3.
Password
and Account Security.
a.
Registration.
You may create your own account on the Web Site by completing the online
registration and membership processes on the Web Site, and you must do so if
you would like to make a purchase. In doing so, you must provide us with
accurate and complete registration information, and update it if this
information changes. It is particularly important to keep the email address
associated with your account current because although you may be able to log
into your Web Site account using an old email address, you will not be able to
receive messages from us about your account or other matters.
b.
Accounts
and Passwords.We will create an account for you and assign you, or allow you to
select, a password. You must keep your password confidential. You will be
responsible for all use of your password, including, without limitation, any
use by any unauthorized third party. You must notify us immediately if you
believe your password may be used by any unauthorized person or entity. For
security purposes, we recommend you change your password often. Under no
circumstance should you respond to a request for your password. Our employees
will never ask for your password in any manner via any means of communication.
You must notify us immediately if you receive such a request. We reserve the
right to suspend or terminate your use of the Web Site if we believe that your
password is being used without permission or otherwise in a manner that may
disrupt the Web Site.
4.
Privacy
Policy. You agree to the terms of our Privacy Policy, which can be accessed here and which is
incorporated by reference into this TOS.
5.
Accuracy
of Information. We attempt to ensure that the information on the Web Site is
complete and accurate; however, this information may contain typographical
errors, pricing errors, and other errors or inaccuracies. We assume no responsibility
for such errors and omissions, and reserve the right to: (i)
revoke any offer stated on the Web Site; (ii) correct any errors, inaccuracies
or omissions; and (iii) make changes to prices, content, promotions, product
descriptions or specifications, or other information on the Web Site.
6.
Cancellation
Provisions. If you determine that you do not wish to use the Services, then you
are permitted to cancel by calling our customer care at 866-200-2512. You
will remain liable, however, for any unpaid fees, purchases or charges incurred
prior to your cancellation. If Company determines it is unable to bill the
membership fee due hereunder to your designated billing source, Company shall
have the right to terminate this Agreement in which event you will no longer
have access to any of the Services. In addition to Company's termination rights
set forth above, Company may elect in its sole discretion to keep this TOS in
effect, but suspend your access to all of the Services, until such time (if
any) as Company is able to bill the fee due hereunder to your designated
billing source. No exception to these cancellation provisions will be made
except as required by law.
7.
Hardware
and Software Requirements. As an
online customer, you are agreeing to receive all notifications via email at the
email address you provided to Frontline Identity upon enrollment or purchase of the
Frontline Identity Products and Services. To ensure receipt of all notifications,
you must timely update any change to your email address on file with Frontline Identity.
8. Product Descriptions. Short product
descriptions are found on the Site.
For more detailed descriptions, call Frontline Identity directly.
9. Who is
Covered in the Family Plan.If
you elected family coverage, a qualifying family member shall mean the primary
member's spouse or domestic partner, the member's dependents under the age of
twenty-five (25) who have the same permanent address as the member, any
handicapped adult living in the same household with the member who requires
assistance from the family to manage their affairs, and parents (mother or
father) of the member or their spouse or domestic partner who have the same
permanent address as the member, or who are registered in a senior assisted
living facility, skilled nursing home, hospice, or who have been deceased for
twelve (12) months or less. If you request enrollment of a child, you will be
required to verify your status as the child's parent or guardian by providing
documents reasonably requested by Frontline Identity, including, without limitation,
the child's social security card and birth certificate, valid proof of your
identification and proof of your residence.
10. Submitting a
Claim for Reimbursement. In
the event that you incur covered expenses as part of an identity theft event,
your Recovery Advocates will provide initial contact information to the
insurance carriers that provide the reimbursement plan, if applicable. You will
be mailed an insurance company claim package. For a detailed description of
expenses eligible for reimbursement, see the description of the reimbursement
plan.
11. Product Fees
and Payment. If you are paying for these benefits
directly to Frontline Identity, then the following terms will apply:
12.
Additional Use Restrictions. You understand and agree that your
access to and use of the Website and Frontline Identity Products and Services is
subject to the following terms:
13.
FCRA. You understand and agree that by
purchasing the Frontline Identity Products and Services you are providing "written
instructions" in accordance with the Fair Credit Reporting Act, as amended from
time to time ("FCRA"), for Frontline Identity to access
and obtain your personal credit information, and the personal credit
information of any minor(s) you have enrolled, from any or all of the credit
reporting companies for the purpose of verifying your and any enrolled
minor(s)' identity and to provide the Frontline Identity Products and Services and
any services or functions related thereto and Frontline Identity' business. The FCRA
allows you to obtain a copy of all of the information in your consumer credit
file disclosure from any consumer credit reporting company for a reasonable
charge. Failure to comply with the FCRA can result in state or federal
enforcement actions, as well as private 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 states that
individuals are entitled to receive a disclosure directly from the consumer
credit reporting company free of charge under the following circumstances:
14. The FCRA allows consumers to obtian one free comprehensive disclosure of all of the
information in their credit file from each of the three major national credit
reporting companies (Experian, Equifax, and TransUnion) once every twelve (12)
months through a central source. Georgia residents can receive two (2)
disclosures per year. Although comprehensive, the credit reports from each of
the three (3) national credit reporting companies that are available from
Frontline Identity may not have the same information as a credit report obtained
directly from the three (3) national credit reporting companies or through the
central source. To request your free annual report under the FCRA, you must go
to www.annualcreditreport.com, or call 877-322-8228. Frontline Identity's
Products are not related to the free FCRA disclosure that you are or may be
entitled to. The FCRA also permits
consumers to dispute inaccurate information in their credit report without
charge. Accurate information cannot be changed. You do not have to purchase
your credit report or other information from Frontline Identity to dispute
inaccurate or incomplete information in your credit file or to receive a copy
of your consumer disclosure. The credit reports you are requesting from
Frontline Identity are not intended to constitute the disclosure of the credit
reporting company's information required by the FCRA or similar state laws. The
credit reporting company's disclosure report must be obtained directly from the
credit reporting company by contacting the credit reporting company as show
below:
15.
Sales
Tax. If you purchase any products available on the Web Site (Products), you may
be responsible for paying any applicable sales tax indicated on the Web Site.
16.
Fraud.
We reserve the right, but undertake no obligation, to actively report and
prosecute actual and suspected credit card fraud. We may, in our discretion,
require further authorization from you such as a telephone confirmation of your
order and other information. We reserve the right to cancel, delay, refuse to
ship, or recall from the shipper any order if fraud is suspected. We capture
certain information during the order process, including time, date, IP address,
and other information that will be used to locate and identify individuals
committing fraud. If any Web Site order is suspected to be fraudulent, we
reserve the right, but undertake no obligation, to submit all records, with or
without a subpoena, to all law enforcement agencies and to the credit card
company for fraud investigation. We reserve the right to cooperate with
authorities to prosecute offenders to the fullest extent of the law.
17.
Security.
We employ measures designed to ensure the security of the Web Site, but, as
provided below, make no guarantees in this regard.
18.
Intellectual
Property Rights.
a.
Copyright.
All materials on the Web Site, including without limitation, the logos, design,
text, graphics, other files, and the selection and arrangement thereof are
either owned by us or are the property of our suppliers or licensors. You may
not use such materials without permission. ALL RIGHTS RESERVED.
b.
Trademarks.
Frontline Identity and FrontlineIdentity.com are trade names we own, and the related
design marks, and other trademarks on the Web Site are owned by us. Page
headers, custom graphics, button icons and scripts are trademarks or trade
dress we own. You may not use any of these trademarks, trade dress, or trade
names without our express written permission.
19.
Third-Party
Services. We may use third parties to provide certain services accessible
through the Web Site and may provide links to third-party web sites. We do not
control those third parties, their services, or their web sites. We will not be
liable to you in any way for your use of such services or web sites. These
third parties may have their own terms of use and other policies.
20.
Linking
and Framing. You may not deep link to portions of the Web Site, or frame, inline
link, or similarly display any of our property, including, without limitation,
the Website. You may not use any of our logos or other trademarks as part of a
link without express written permission.
21.
Comments.
All comments, feedback, suggestions, ideas, and other submissions that you
disclose, submit or offer to us in connection with your use of the Web Site
(collectively, Comments) will become our exclusive property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to us of all
worldwide right, title and interest in all patent, copyright, trademark, and
all other intellectual property and other rights whatsoever in and to the
Comments and a waiver of any claim based on moral rights, unfair competition,
breach of implied contract, breach of confidentiality, and any other legal
theory. You will, at our cost, execute any documents to effect, record, or
perfect such assignment. Thus, we will own exclusively all such right, title
and interest and shall not be limited in any way in the use, commercial or
otherwise, of any Comments. You should not submit any Comments to us if you do
not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to
you or any third party any compensation for any Comments; or (iii) to respond
to any Comments. You are and shall remain solely responsible for the content of
any Comments you make.
22.
Indemnification.
To the extent allowed by law, you agree to hold Frontline Identityand our
employees, representatives, agents, vendors, doctor networks and fulfillers, attorneys,
affiliates, directors, officers, managers and shareholders (the Indemnified
Parties) harmless from any damage, loss, cost or expense (including without
limitation, attorney's fees and costs) incurred in connection with any
third-party claim, demand or action (Claim) brought or asserted against any of
the Indemnified Parties arising from, related to, or connected with your use of
the Web Site and/or in association with any purchases you make from us. If you
are obligated to provide indemnification pursuant to this provision, we may, in
our sole and absolute discretion, control the disposition of any Claim at your
sole cost and expense. Without limitation of the foregoing, you may not settle,
compromise or in any other manner dispose of any Claim without our consent.
23.
Prohibited
Practices & Non-Disparagement. You shall not use the Services or refer, or
encourage others to refer, to them or Frontline Identity, its customers, owners,
officers, directors, personnel, agents, representatives or affiliates in any
manner that is illegal, fraudulent, threatening, abusive, defamatory, or
obscene, or that could cause damage or adversely affect its customers,
reputation, business, property, or Services in any manner. You shall not make
or encourage others to make any statement or release any information that is
intended to, or reasonably could be foreseen to, embarrass, criticize, damage
or adversely affect us, our customers, owners, officers, directors, personnel,
agents, representatives or affiliates. (A statement or release of any
information under this paragraph includes, but is not limited to, posting on
Internet websites, bulletin boards, blogs, or discussion groups, and submissions
to any publication.) Due to the difficulty of ascertaining the pecuniary amount
of damages caused by any violation of this section, for each violation of this
section, you shall pay liquidated damages in an amount not less than ten times
the initial and annual fees for all Services to which you have subscribed or
will subscribe in the future. You agree that this is a reasonable estimate of
harm to us.
24.
DISCLAIMERS,
EXCLUSIONS AND LIMITATIONS.
a.
DISCLAIMER
OF WARRANTIES.
WE PROVIDE THE WEB SITE ON AN AS IS AND AS AVAILABLE BASIS. WE DO NOT REPRESENT
OR WARRANT THAT THE WEB SITE, ITS USE, AND/OR ANY INFORMATION ON IT: (I) WILL
BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR
ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE
CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES
OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
b.
SERVICES. ALL SERVICES ARE SUBJECT ONLY TO ANY
APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND
SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR
PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH
ANY CODES, OR MISAPPROPRIATION.
c.
EXCLUSION
OF DAMAGES.
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL)
ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR
PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
d.
LIMITATION
OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN
CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE
WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU
PAID FOR THE PRODUCT(S).
25.
Domestic
Use; Export Restriction. We control the Web Site from our offices within the
United States of America. We make no representation that the Web Site or its
content (including, without limitation, any products or services available on
or through the Web Site) are appropriate or available for use in other
locations. Users who access the Web Site from outside the United States of
America do so on their own initiative and must bear all responsibility for
compliance with local laws, if applicable. Further, the United States export
control laws prohibit the export of certain technical data and software to
certain territories. No content from the Web Site may be downloaded in
violation of United States law.
26.
Force
Majeure. We will not be liable for failing to perform under this TOS because of
any event beyond our reasonable control, including, without limitation, a labor
disturbance, an Internet outage or interruption of service, a communications
outage, failure by a service provider to perform, fire, terrorism, natural
disaster or war.
27.
Arbitration.
a.
All
disputes arising out of or relating to this TOS (including its formation,
performance or alleged breach), your use of the Web Site and/or any purchases
you make from us will be exclusively resolved under confidential binding
arbitration held in accordance with the Rules of the American Arbitration
Association. The arbitrator's award will be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this TOS will be joined to an
arbitration involving any other party subject to this TOS, whether through
class arbitration proceedings or otherwise. Notwithstanding the foregoing, we
will have the right to seek injunctive or other equitable relief in state or
federal court to enforce this TOS or prevent an infringement of a third party's
rights. In the event equitable relief is sought, each party hereby irrevocably
submits to the personal jurisdiction of such court.
b.
The
parties are each responsible for their own respective costs relating to
counsel, experts, and witnesses, as well as any other costs relating to the
Arbitration. The filing party will cover any arbitration administrative or
filing fees.
28.
WAIVER OF CLASS ACTION/TRIAL BY JURY.
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE
TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR
PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH
THIS TOS MUST BE ASSERTED INDIVIDUALLY. TO THE EXTENT ALLOWED BY LAW, WE EACH
IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING
BETWEEN THE PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR SELLERS SERVICES
OR PRODUCTS.
29.
Limitation
of Actions. You acknowledge and agree that, regardless of any statute or law to
the contrary, any claim or cause of action you may have arising out of,
relating to, or connected with your use of the Web Site, must be filed within
one calendar year after such claim or cause of action arises, or forever be
barred.
30.
Changes
to the Web Site. We may, in our sole discretion, change, modify, suspend, make
improvements to or discontinue any aspect of the Web Site, temporarily or permanently,
at any time without notice to you, and we will not be liable for doing so.
31.
Termination.
a.
We
will have the right to terminate your access to the Web Site if we reasonably
believe you have breached any of the terms and conditions of this TOS. Following
termination, you will not be permitted to use the Web Site and we may, in our
discretion, cancel any outstanding Product Orders. If your access to the Web
Site is terminated, we reserve the right to exercise whatever means we deem
necessary to prevent unauthorized access to the Web Site, including, but not
limited to, technological barriers, IP mapping, and direct contact with your
Internet Service Provider. This TOS will survive indefinitely unless and until
we choose to terminate it, regardless of whether any account you open is
terminated by you or us or if you have the right to access or use the Web Site.
b.
We
may, without notice, suspend or terminate any Service at any time for any
reason, including but not limited to: (a) your breach or suspected breach of
this Agreement; (b) your use or suspected use of the Services and Products in
any manner inconsistent with this Agreement or our policies; (c) you're
providing false, inaccurate, dated or unverifiable identification information,
credit information, or other data in connection with your purchase or use of
the Services and Products; (d) your insolvency or bankruptcy; (e) your
interference with seller's operations; or (f) if we believe the action protects
its interests or its customers interests.
32.
Integration.
This TOS contains the entire understanding between you and us regarding the use
of the Web Site, and supersedes all prior and contemporaneous agreements and
understandings between you and us relating thereto.
33.
Additional
Terms. This TOS will be binding upon each party hereto and its successors and
permitted assigns. This TOS and all of your rights and obligations under them
are not assignable or transferable by you without our prior written consent. No
failure or delay by a party in exercising any right, power or privilege under
this TOS will operate as a waiver thereof, nor will any single or partial
exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power, or privilege under this
TOS. The invalidity or unenforceability of any provision of this TOS will not
affect the validity or enforceability of any other provision of this TOS, all
of which will remain in full force and effect.
WE RESERVE THE RIGHT
TO MAKE CHANGES TO THESE TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE
CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE
POSTED ON THE WEB SITE. WE WILL ACT IN GOOD FAITH TO UPDATE YOU ABOUT CHANGES
TO THESE TOS EITHER VIA EMAIL OR BY CONSPICUOUS POSTING ON THE WEB SITE.