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TERMS AND CONDITIONS
Identity Rehab Corporation, a Colorado corporation, DBA ID Watchdog (aka: “The Company,” or “we”), shall supply services to the customer (aka: “you”) in accordance with the following terms and conditions:
For pricing and trial period details, current customers please refer to your Welcome Letter.
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1. Services. ID Watchdog will provide the following services (ID WatchdogPlusSM):
- a) Baseline Identity Profile: After your identity has been verified and you have enrolled in ID Watchdog PlusSM, ID Watchdog will provide you information about you (Baseline Identity Profile) which we obtain from a variety of public information databases. ID Watchdog will request that you review this information to identify errors or irregularities that may be evidence of or suggest possible identity theft.
- b) Monthly Monitoring Services: Each month ID Watchdog will, for so long as you are a “Current Customer” (in good payment standing), use its technology to search multiple databases to detect any changes to your Baseline Identity Profile that may have occurred during the preceding 30 days. If ID Watchdog detects a change, we will immediately notify you and, at your request, work with you to investigate these changes. If no such change is detected, we will advise you of that. While ID Watchdog monitors for the evidence of identity theft, it does not prevent identity theft.
- c) ID Snapshot ™: If irregularities or potential irregularities are discovered as a result of ID Watchdog’s services, you may request an ID SnapShotTM. This report utilizes more detailed information from additional databases for the purpose of identifying the areas affected by identity theft.
- d) ID RehabSM: Resolution of Identity Theft. In accordance with the Guarantee described below, if the monthly monitoring services and the ID Snapshot™ indicate possible identify theft, ID Watchdog Rehab service agents will, with a signed, limited power of attorney, work to resolve any incidence of identity theft that appears in your personal consumer reports, and which have been reported to law enforcement authorities. Efforts will continue on your behalf for so long as you are a Current Customer, until the fraudulent database entry has been corrected. This is the ID RehabSM service. Note that in some cases, public records (like a different address) that result from identity theft will still exist in your files even after the completion of ID RehabSM. However, our efforts should alleviate your responsibility for the consequences of the perpetrated fraud.
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2. Limited Power of Attorney(for ID SnapShot and ID Rehab):
IID Watchdog will only be able to act on your behalf when you authorize ID Watchdog in writing to request and receive information from proprietary database sources, for investigative purposes. We will require a revocable power of attorney to allow us to communicate with various agencies on your behalf in our efforts to mitigate the effects of identity theft. We will only act on your behalf with your permission.
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3. Police Report and Signed Affidavit (for ID Rehab):
ID Watchdog service agents provide remedy for verified fraudulent accounts in your personal consumer reports. We cannot resolve suspicions of fraudulent activity. We require a police report and an ID Theft Affidavit that details the specifics of the loss we are to remedy. ID Watchdog agents will assist customers with the process of filing a report and completing an affidavit.
4. Disclaimers and Exclusions as to Services:
These terms and conditions apply from your enrollment until termination of ID Watchdog Plus Services by you or ID Watchdog. You may terminate the ID Watchdog Plus Services at any time by notice to ID Watchdog, effective as of the end of the then current monthly, annual or tri-annual term, as applicable. ID Watchdog may terminate ID Watchdog Plus Services at any time by notice to you, effective as of the end of the then current upon monthly, annual or tri-annual term, as applicable.
Upon the effective time of such a termination by you or ID Watchdog, all services and all obligations to pay for or provide ID Watchdog Plus Services shall cease. Notice of termination shall be given in accordance with paragraph 6.
- a) Reliance on Accuracy of Databases: ID Watchdog (and customers thereof) relies on the information contained in many third party databases. ID Watchdog makes every effort to obtain the most current and most reliable data. Due to the dynamic nature of public records, and reliance on the accuracy of third party data sources, ID Watchdog does not promise to detect all possible occurrences of identity theft. ID Watchdog is not responsible for and does not represent the accuracy of third party databases.
- b) Not a Credit Repair Service or Insurance Company: ID Watchdog does not seek to improve your credit score or standing, and is not a credit repair business. ID Watchdog services do not include contact by ID Watchdog with credit bureaus to remove or change items on your credit reports or advise or assist in improving your credit record, credit history or credit rating. Correction of identity theft damage in your personal records may or may not result in changes to your credit report or credit scores. ID Watchdog does not provide insurance and is neither an insurance company nor an agent for an insurance company.
- c) ID Snapshot for Previously-Existing Conditions: If your initial Baseline Identity Profile indicates a pre-existing threat of identity theft, research and resolution services are available for those incidents that were initiated prior to your ID Watchdog enrollment date, at an additional charge. You may purchase an ID SnapShot (as described above) to research previously-existing identity threats for $99.95, payable at the time of the request. ID Watchdog does not promise to detect all possible occurrences of identity theft. ID Watchdog is not responsible for and does not represent the accuracy of third party databases.
- d) ID Rehab for Previously-Existing Conditions: If your initial Baseline Identity Profile indicates a pre-existing threat of identity theft, and you have paid for the ID Snapshot pursuant to the paragraph above, you may also purchase ID Watchdog Rehab Services. Based on the type of ID Rehab service required, we charge the following per damaged line-item (or reported inaccuracy) per individual consumer reporting agency report (CRA).
- • $79.95 per Financial Record type (listed below). Record reported in the ID Snapshot and/or identified by you as Identity Theft.
- Collection Accounts
- Checking/Debit Accounts
- Revolving Credit Accounts
- Utility Accounts
- Other Credit Accounts
- Credit Inquires
- Address Records associated with ID Theft
- • $179.95 per Personal and Civil Record type (listed below).Record reported in the ID Snapshot and/or identified by you as Identity Theft.
- Real Estate Mortgage Accounts
- Bankruptcies
- Liens
- Judgments
- Medical Record Accounts
- • $279.95 per Law Enforcement and Government Record Type (listed below). Record reported in the ID Snapshot and/or identified by you as Identity Theft.
- Outstanding Arrest Warrants
- Criminal Records
- DMV Records
- Internal Revenue Service Records
- Passport Accounts
The fee includes investigation and rehabilitation of an erroneous item. Rehabilitation means that we will work with the agency (or agencies) on the customer’s behalf, to mitigate the effects of that particular incidence of identity theft. As described in sections 2 and 3, ID Watchdog requires a signed, limited power of attorney, an affidavit, and a police report to work on your behalf. Note that in some cases, public records (like a different address) that result from identity theft will still exist in your files even after the completion of ID Rehab. However, our efforts should alleviate your responsibility for the consequences of the perpetrated fraud.
- e) Change in Fees: Fees may differ from those listed below, based on special promotional offers, or because of group rates offered to large membership organizations through special distribution channels.
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5. Fees for Services (standard pricing):
• Current customers, please see your Welcome Letter for complete details on applicable pricing and trial periods.
• All fees listed in this agreement are subject to change with not less than 30 days prior notice.
• As an ID Watchdog member, you agree to pay the following fees:
- a) Identity Verification Fee: Upon enrollment, an Identity Verification Fee will be charged to authenticate the applicant’s true identity.
- b) Payment Option Plans (Discount for Annual and 3-Year): ID Watchdog offers the option of Monthly, Annual and 3-Year billing terms.
- i) Monthly Payments:
- 1) Initial 30 Days of Free Service: The Baseline Identity
Profile and initial trial period of service under the Monthly Program, commencing upon your enrollment, are free (after the Identity Verification Fee). If you terminate ID Watchdog Plus Services within the trial period, you will not be responsible for any payment obligations to ID Watchdog other than the Identity Verification Fee.
- 2) Monthly Program Fee: IF YOU DO NOT TERMINATE ID WATCHDOG PLUS SERVICES WITHIN THE INITIAL TRIAL PERIOD AFTER THE START OF YOUR ENROLLMENT DATE, WE WILL, IN ADVANCE OF THE NEXT THIRTY DAYS OF SERVICE, CHARGE THE MONTHLY FEE TO THE CREDIT CARD WE HAVE ON FILE FOR YOU. ID WATCHDOG PLUS SERVICES WILL CONTINUE AND YOU WILL BE RESPONSIBLE FOR THE REGULAR MONTHLY FEE UNTIL YOU NOTIFY ID WATCHDOG OF TERMINATION AS PROVIDED IN PARAGRAPH 7(a).
- ii) Annual Payment Program:IF YOU CHOOSE AN ANNUAL BILLING TERM, YOU WILL PAY ID WATCHDOG THE CURRENT ANNUAL RATE, (25% off the regular monthly retail rate) IN ADVANCE, FOR 12 MONTHS OF SERVICE COMMENCING FROM YOUR ENROLLMENT (OR RENEWAL) DATE. As of your anniversary date, we will charge the current annual retail price to the card we have on file, which will pre-pay for the next 12 months of service. Since you are receiving a discount for enrolling in an annual program, if you cancel your service before the (most current) annual term has ended, any refund due will be prorated for that term, based on the actual months of membership, calculated at the monthly retail price. You may cancel service at any time.
- iii) 3-Year Payment Program:IF YOU CHOOSE A 3-YEAR BILLING TERM, YOU WILL PAY ID WATCHDOG THE CURRENT 3-YEAR RATE (which is 35% off the regular monthly retail rate) FOR THREE YEARS OF ID WATCHDOG PLUS SERVICES, IN ADVANCE. On the 3rd anniversary of your enrollment (or renewal date), we will charge the current 3-year retail price to the card we have on file for you, which will pre-pay you for the next 36 months of ID Watchdog Plus services. Since you are receiving a discount for enrolling in a 3-Year program, if you cancel your service before the (most current) 3-Year term has ended, any refund due will be prorated for that term, based on the actual months of membership, calculated at the monthly retail price. You may cancel your service at any time.
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6. Guarantee to Resolve Identity Theft on consumer reports:
ID Watchdog guarantees that, for so long as you are a Current Customer with ID Watchdog, the ID Rehab Service department will actively work to correct any personal records reported in your consumer reports that have been affected by identity theft, which appeared after your enrollment with ID Watchdog. ID Watchdog cannot recover or reimburse for damages, loss of income, or other losses incurred in connection with identity theft. The ID Rehab service will, however, provide correction of the fraudulent database entries on your personal records as reported in your consumer reports. To recover losses for legal violations (by creditors, credit reporting agencies, etc.), you should seek legal advice.
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7. NOTICE REQUIRED TO TERMINATE SERVICE:
- a) You must request termination of ID Watchdog PlusSM Services via telephone at the number set forth on the ID Watchdog website (www.idwatchdog.com). The telephone number is presently: 800-970-5182, but please verify this on the website. No third party may terminate your account. You will receive the confirmation of the cancellation by email, if an email address was provided.
- b) Regular Notices. All notices (other than a notice by you of your termination of services) shall be given in writing via e-mail, fax, personal delivery, or U.S. Mail. Notices to ID Watchdog shall be given at the following address:
ID Watchdog
PO BOX 297
Denver, CO 80201
www.idwatchdog.com
- c) All notices to you will be sent to the address provided to ID Watchdog at enrollment, or such address that you may give ID Watchdog if you change your address.
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8. Confidentiality/Privacy:
Your privacy is very important to us. ID Watchdog agrees to maintain all information obtained from you, or from third parties (about you), as confidential and private. ID Watchdog agrees to utilize your sensitive information solely for identity theft monitoring and resolution, except as required by law or pursuant to a lawful subpoena. Certain personal information will be shared with third parties only to the extent necessary to monitor and resolve identity theft. ID Watchdog will safeguard your information from unauthorized persons. Please see further information on this within our privacy policy, posted on the website: www.idwatchdog.com/policy.php
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9. Dispute Resolution Process:
In the event of any claim or dispute between you and ID Watchdog arising from or relating to this agreement, both parties agree to resolve the claim in the following manner:
Negotiation: If either party has a dispute with the other, either may contact the other by email or phone. If needed, parties will agree to a phone conference to attempt resolution within 10 business days of initial email or phone contact.
Mediation: If the negotiation fails, the parties will contact the American Arbitration Association in Denver, Colorado to initiate phone mediation. Parties agree to complete mediation within 15 business days of failed negotiation.
Agreement to Arbitrate: You and ID Watchdog will make every effort to resolve disputes in a good faith manner either by negotiation or mediation; however, if that is not possible, within 30 days of the inability to settle through mediation, the parties agree to arbitrate their dispute as described below:
You and ID Watchdog agree to hold arbitration through the neutral offices of the American Arbitration Association office in Denver, Colorado. Both parties agree to attend such arbitration, in person or by phone, and to abide by the rules of the American Arbitration Association with regard to submission
of discovery of evidence and other rules of order.
IF A CLAIM OR DISPUTE IS TO BE ARBITRATED PURSUANT TO THIS AGREEMENT, BOTH PARTIES SHALL GIVE UP THE RIGHT TO LITIGATE THE CLAIM OR DISPUTE IN A COURT. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION WILL DETERMINE DISCOVERY AND APPEAL RIGHTS.
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10. Entire Agreement.
These terms and conditions represent the entire agreement between you and ID Watchdog. Your acceptance of enrollment in ID Watchdog Plus Services, or purchase of the ID SnapShot or ID Rehab Services constitutes agreement to these terms and conditions.
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