Zander Identity Theft Solutions Terms and Conditions
YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS AND CONDITIONS YOU ARE PROVIDING "WRITTEN INSTRUCTIONS" TO ZANDER IDENTITY THEFT SOLUTIONS ("We" or "Us") AND ITS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, THIRD PARTY DATA PROVIDERS, AND ALL NATIONAL CREDIT REPORTING AGENCIES UNDER THE FAIR CREDIT REPORTING ACT (FCRA), AS AMENDED, INCLUDING, WITHOUT LIMITATION, EXPERIAN, TRANSUNION, EQUIFAX AND AFFILIATED ENTITIES, TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE INFORMATION ABOUT YOU WITH EACH SUCH NATIONAL CREDIT REPORTING AGENCY IN ORDER TO VERIFY YOUR IDENTITY AND TO PROVIDE THE SERVICES TO YOU.
Your use of this service confirms that you have accepted these terms in their entirety. If you do not agree with these terms in their entirety, please terminate the service. These Terms and Conditions (this "Agreement" or "Terms and Conditions") identify what you can expect from Zander Identity Theft Solutions and what We expect from you. These Terms and Conditions apply to your purchase of any identity theft products and/or services offered or provided by Zander Insurance Group and govern the relationship between Us 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.
Please read the following information carefully before using any of the products or services (the "Services") provided by this website (this "Site"). By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions and to follow all applicable laws and regulations. Please check the Terms and Conditions each time you visit this Site as these Terms and Conditions may be changed by Us from time to time, and you agree to abide by any such changes.
3. Privacy and Information Sharing
In order for Us to provide you with our identity protection service and for the prevention and detection of fraud, We will share your personal information with third parties who perform services on our behalf. Depending on the service you have requested, We may share your name, email address, national identifier or social security number (as applicable). We will also share your billing information with a credit card processing company in order to bill you for goods and services. These companies are authorized to use your personal information only as necessary to provide these Services to you.
4. Disclaimer of Warranties and Limitation of Liability
A. UNLESS OTHERWISE EXPLICITLY STATED, ZANDER IDENTITY THEFT SOLUTIONS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ZANDER IDENTITY THEFT SOLUTIONS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
B. NOTHING IN THESE TERMS AND CONDITIONS, INCLUDING SECTIONS 4 AND 5, SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
C. We are not a credit repair organization, or similarly regulated organization under other applicable laws, and do not provide credit repair advice.
D. If you use the SSN Trace services (Social Security Number Monitoring), you represent and warrant to Us that you will use such services (or any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.
5. Limitation of Liability
A. SUBJECT TO SECTION 4 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS AND OUR THIRD PARTY DATA AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR:
(i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES OR SITE;
- ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
B. THE LIMITATIONS ON OUR LIABILITY TO YOU IN SECTION 4 ABOVE OR THIS SECTION 5 SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
6. Payment and Billing
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 Zander Identity Theft Solutions. Monthly or annual fees and renewal fees will be billed at the rate agreed to upon purchase. At cancellation, your Zander Identity Theft 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.
8. Unsolicited Idea Submission Policy
When you provide Us with comments, suggestions, or ideas (collectively, "Feedback"), such Feedback is not considered confidential and becomes the property of Zander Identity Theft Solutions. We are free to use, copy, or distribute the Feedback to others for any purpose.
9. International Use
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.
10. Fair Credit Reporting Act
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:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
11. Applicable Law
We perform the Services through Zander Insurance headquarters located in the State of Tennessee. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Tennessee, regardless of Tennessee 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 Davidson County, Tennessee for any dispute or litigation arising out of, relating to, or the use or purchase of Services from Us.
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 We 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 Us 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. 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 Us, all other expenses of the arbitration will be paid by the party who incurred them, other than as set forth in Section 12 below.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SUPPLIERS AND ANY THIRD PARTY PROVIDERS OF INFORMATION OR SERVICES TO THE SITE FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS. IN THE EVENT THAT WE ARE SUBJECT TO ANY CLAIM FOR WHICH WE HAVE THE RIGHT TO BE INDEMNIFIED BY YOU, WE WILL HAVE THE RIGHT TO, AT YOUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIM, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
14. Your Passwords and Account Security
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.
15. Termination of Relationship
A. These Terms and Conditions will continue to apply until terminated by either you or Us as set out below.
B. If you want to terminate your legal agreement with Us, you may do so, with or without cause, by (a) notifying Us at any time and (b) closing your accounts for all of the Services which you use, where We have made this option available to you. Please contact Us to close your account.
C. We may at any time terminate our legal agreement with you with or without cause (and for any or no reason). We may also terminate our legal agreement with you if, among other reasons:
(i) You have breached any provision of the Terms and Conditions (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms and Conditions);
(ii) We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(iii) The provision of the Services to you by Us is, in our opinion, no longer commercially viable.
D. If We terminate your Service without cause We will refund to you a pro rata portion of any fees already paid directly to Us for the Services that have yet to be provided. If this Agreement has not been terminated, it shall continue indefinitely, and you shall pay the corresponding fees for the Services. When this Agreement terminates, all of the legal rights, obligations and liabilities that you and We have benefited from, been subject to (or which have accrued over time while the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this termination and/or cessation, and the provisions of Sections 4, 5, 6, 7 and 10-15, inclusive, shall continue to apply to such rights, obligations and liabilities indefinitely.
A. No waiver of any breach of any provision of these Terms and Conditions or of any agreement with Us will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms and Conditions or of any other agreement between you and Us to be invalid or unenforceable, such findings will have no effect on any other part or provision of these Terms and Conditions or any other agreement between you and Us.
B. We are not responsible for delay or failure to perform due to causes beyond our reasonable control.
D. You may not use, frame or utilize framing techniques to enclose any Zander Insurance Group trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without Zander Insurance Group's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Zander Insurance Group or any third party.
E. The Site contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Us and our subsidiaries, including but not limited to, the marks "Zander Identity Theft," "CyberAgent" (Personal Information Monitoring), "Protector," and others. Zander Identity Theft Solutions and the Zander Identity Theft Solutions product names referenced in the Site are either trademarks, service marks or registered trademarks of Zander Identity Theft Solutions or third party service providers. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by Us. No use of any Zander Insurance Group trademark may be made by any third party without express written consent of Zander Insurance Group. Other products and company names mentioned in the Site may be the trademarks of their respective owners.
F. No part of the Site may be reproduced, modified, or distributed in any form or manner without our prior written permission.
G. The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed on the Site are our property or the property of our third party service providers or suppliers and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Content within the Site, Zander Insurance Group owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Zander Insurance Group or the owner of the Content.
H. 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 and update your information.
Effective Date: September 22, 2017
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