TERMS AND CONDITIONS
Identity Rehab Corporation, a Colorado corporation, DBA ID Watchdog (“ID Watchdog,” “The Company,” or “we”), shall supply services to the customer (aka: “you”) in accordance with the following terms and conditions:
Your Welcome Letter sets forth the services offered to you, the terms of your trial period, if any, and the pricing for the services you enroll in. Your Welcome Letter is incorporated herein by reference and is a part of these terms and conditions. You may request a copy of your Welcome Letter by contacting us by phone at 1-800-970-5182 or by email.
1. ID Watchdog Services.
The following is a complete list of all services offered by the Company, however, not all services listed may be available to you. The Company will provide those services to you for which you are eligible to and do enroll in. Please refer to your Welcome Letter for a list of services available to you and the pricing for those services. Enrolling in the services requires you to sign up for and pay the required fee for the services that you select through the Company’s website at www.idwatchdog.com, or the company’s affiliates. You must acknowledge your acceptance of these Terms and Conditions in order to complete the enrollment process. You will be asked to create a password when you enroll which you will need to access your account or user dashboard. You are solely responsible for protecting the confidentiality and privacy of your password. Do not share your password with others. The Company is not responsible for lost or stolen passwords. ID Watchdog is not a credit repair organization, or similarly regulated organization under other applicable laws, and does not provide credit repair advice.
In accordance with the Fair Credit Reporting Act, you acknowledge and agree that by enrolling in or purchasing any of the services offered by the Company, you are providing “written instructions” to the Company to obtain information from your credit file from any consumer reporting company in connection with the services and the terms and conditions.
- Minors’ Services. If you are the parent or legal guardian and you are an “Active Customer” (in good payment standing and prior to termination), you may enroll your minor child into the ID Watchdog PlusSM service.
ID Watchdog offers two (2) levels of protection service which are ID Watchdog PlusSM, and ID Watchdog PlatinumSM. Upon successful enrollment into the ID Watchdog Service, and for as long as you are an “Active Customer” (in good payment standing and prior to termination), you will be provided those services described below that are included in your Welcome Letter.
- Credit Alerts: The ID Watchdog Service will generate an alert to you by electronic fulfillment when a change has occurred in your credit report files from one or all three nationally recognized credit bureaus, TransUnion, Equifax, and Experian, and will provide details including which bureau is reporting the change, the type of change, and when the change occurred. A valid email address is required to participate as alerts will be communicated via email notifications and your user dashboard.
- Credit Reports and Scores: You will be provided with your Trans Union credit report and score or Tri-bureau credit report and Tri-bureau credit score as reported from the three nationally recognized credit bureaus, TransUnion, Equifax, and Experian. You can access your credit reports and scores anytime you log into your on line account. Information provided in your reports will be account summary, account history, personal information, credit inquiries, creditor contacts, public filings, credit inquiries, and consumer statement. This is a one-time static report that reflects your credit file and score at the time the report is pulled.
- Cyber Monitoring: Your ID Watchdog cyber monitoring service will provide monitoring service scanning compromising areas, such as unencrypted chat rooms, malicious websites, and black market sites for detection of any matching information associated with your name, email address, and social security information on file. In the event ID Watchdog detection occurs, ID Watchdog will notify you via email notification and your user dashboard.
- Alternative Lender Monitoring: Your ID Watchdog Alternative Lender Protection service will monitor data feeds from alternative lenders for items such as; Payday loans, rent-to-own, title pawn and more; for activity associated with your name and social security information. In the event an application is made using your information for a alternative loan, ID Watchdog will notify you via email, and your user dashboard.
- Identity Monitoring Services: ID Watchdog will use its technology to search multiple databases to detect any changes to your Baseline Identity Profile that may have occurred. If ID Watchdog detects a change, we will immediately notify you via the desktop, email notifications, or your user dashboard 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.
- Instant Identity Monitoring / High Risk Transaction Monitoring: Numerous organizations, as well as financial institutions use a technology that verifies a customer's identity before they process high-risk transactions such as opening a new account, changing passwords or transferring money to an outside account. We monitor this process through a best in class Analytic Network and will alert you if an attempt was made to verify your identity by a participating institution, enabling you to quickly identify and verify the activity. This service is limited by how a particular financial institution utilizes this technology if at all.
- Identity Theft Insurance: ID Watchdog offers Identity Theft Insurance from insurance company subsidiaries or affiliates of American International Group, Inc. providing assistance and financial relief for identity restoration costs, legal defense expenses and lost wages. Please refer to the actual policies for terms, conditions, amount of coverage, deductible, and exclusions of coverage.
- ID Watchdog ID SnapshotSM: If irregularities or potential irregularities are discovered as a result of ID Watchdog’s services, you may request an ID Snapshot Report. This report utilizes more detailed information from additional databases for the purpose of identifying the areas affected by identity theft. We require a written and signed power of attorney in order to provide you these services. This is part of ID Watchdog’s resolution services.
- ID Watchdog ID RehabSM: This service is for resolution of identity theft. In accordance with the Guarantee described below, if the monitoring services and the ID Watchdog Snapshot Report indicate possible identify theft, ID Watchdog Resolution service agents will, upon you providing us 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 Watchdog ID Rehab 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 Watchdog ID Rehab. However, our efforts should alleviate your responsibility for the consequences of the perpetrated fraud.
2. Delegation of Power/Limited Power of Attorney (for ID SnapShot and ID Rehab only):
ID 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.
3. Police Report and Signed Affidavit (for ID Rehab only):
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 are available to assist customers with the process of filing a police report and completing an ID Theft Affidavit.
4. Disclaimers and Exclusions as to Services:
- Reliance on Accuracy of Databases: ID Watchdog (and customers thereof) relies on the information contained in many third party databases to provide you the services. While ID Watchdog works hard to obtain the most current and most reliable data, we cannot guarantee the accuracy or completeness of such third party databases. 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.
- Does not monitor credit card or banking transactions: ID Watchdog does not monitor activity within your bank accounts and credit cards.
- 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.
- ID Snapshot for Previously-Existing Conditions: If your initial Baseline Identity Profile or Credit Report 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, for an additional fee. 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.
- ID Rehab for Previously-Existing Conditions: If your initial Baseline Identity Profile or Credit Report 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 for an additional fee. 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
- 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
- $79.95 per Financial Record type (listed below). Record reported in the ID Snapshot and/or identified by you as Identity Theft.
- Change in Fees: Fees stated herein are subject to change. Please contact a customer service representative for the most current fee information. Fees applicable to you may differ from those listed herein, based on special promotional offers, or because of group rates offered to large membership organizations through special distribution channels.
5. Termination, Notice to Terminate.
These terms and conditions apply from your enrollment until termination of the services by you or by the Company. You may terminate any services at any time by notice to ID Watchdog, effective immediately. ID Watchdog may terminate any services at any time by notice to you, effective as of the end of the then current and paid 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 services shall cease. Notice of termination shall be given as follows.
- a) You must request termination of ID Watchdog 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 a written confirmation of the cancellation by email or first class mail.
6. Fees for Services (standard pricing):
Fees for Services are paid on the date you enroll in the Premium Services offered to you and on a periodic, recurring basis thereafter, generally monthly, but occasionally on an annual or tri-annual term. Monthly fees are nonrefundable. Fees and free trial periods applicable to you may differ from those listed herein based on special promotional offers, or because of group rates offered to large membership organizations through special distribution channels. Not all product offerings will include a free trial. Please review your Welcome Letter for complete details on applicable services available, pricing, payment terms and trial periods. All fees listed in these terms are subject to change with not less than 30 days prior notice. You must pay the fees when due in order to continue to receive the services. The Company may terminate or suspend your services for failure to pay your renewal fees when due it its sole and exclusive discretion. By enrolling in the services you agree to pay the following fees:
- Identity Verification Fee: Under certain product offerings, campaigns and promotions, an Identity Verification Fee will be charged to authenticate your true identity.
- Fees for Services: You agree to pay the applicable fees for the services available to you and in which you enroll. If you are offered a free trial period you must terminate the services by giving us notice within the trial period, or you will not be responsible for any payment obligations to the company other than the Identity Verification Fee. IF YOU DO NOT TERMINATE ID Watchdog SERVICES WITHIN THE INITIAL TRIAL PERIOD OR YOUR PRODUCT OFFERING DOES NOT INCLUDE A FREE TRIAL, WE WILL, IN ADVANCE OF THE NEXT SERVICE PERIOD, CHARGE THE PERIODIC FEE DESCRIBED IN YOUR WELCOME LETTER TO THE CREDIT CARD WE HAVE ON FILE FOR YOU. THE SERVICES WILL CONTINUE AND YOU WILL BE RESPONSIBLE FOR THE REGULAR PERIODIC FEE UNTIL YOU NOTIFY ID WATCHDOG OF TERMINATION AS PROVIDED IN PARAGRAPH 5. MONTHLY FEES ARE NONREFUNDABLE. IF YOU ENROLL IN AN ANNUAL OR TRI-ANNUAL PLAN AND TERMINATE PRIOR TO THE END OF THE CURRENT TERM, WE WILL REFUND YOU A PRORATED AMOUNT FOR THAT TERM, BASED ON THE ACTUAL MONTHS OF SERVICE USED, CALCULATED AT THE MONTHLY RETAIL PRICE (AND NOT AT ANY DISCOUNTED PRICE YOU MAY HAVE RECEIVED FOR ENROLLING IN A LONGER TERM PLAN). YOU MAY CANCEL SERVICE AT ANY TIME.
7. FCRA Disclosures
The FCRA allows consumers to receive one free comprehensive disclosure of all the information in their credit file from each of the Repositories once every 12 months through a central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You may also obtain your free comprehensive credit report file by calling the three credit bureaus directly at:
Experian: 1-888-EXPERIAN (1-888-397-3742)
Trans Union: 1-800-916-8800
The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:
- You certify in writing that you are unemployed and intend to apply for employment in the 60 day period beginning on the day you make the certification;
- You are on public welfare assistance
- You have reason to believe that your file at the consumer reporting agency contains inaccurate information due to fraud
- You have been denied credit, insurance, or employment in the past 60 days as a result of your Credit Report.
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 to dispute inaccurate or incomplete information in your credit file maintained by the three main credit bureaus.
8. Limited Guarantee to Resolve Identity Theft on consumer reports; Waiver and Limitation of Liability:
ID Watchdog guarantees that, for so long as you are an Active Customer with ID Watchdog and you cooperate with the Company and provide all necessary information, including the power of attorney, ID Theft Affidavit and police report, the ID RehabSM 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. Please be advised that while ID Watchdog will diligently work with and assist you correcting your personal records, some of the records are maintained by third parties and we cannot guarantee their cooperation. ID Watchdog cannot and does not recover or reimburse for damages, loss of income, loss of property or other harm or losses incurred in connection with identity theft. The ID RehabSM service is intended to provide correction of the fraudulent database entries on your personal records as reported in your consumer reports. To recover for damages, loss of income, loss of property or other losses for legal violations (by creditors, credit reporting agencies, etc.), you should seek legal advice. The Company does not provide any other warranties or guaranties for the services whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, noninfringement, or availability of the services.
THE COMPANY’S AND ITS AFFILIATES’, LICENSEES’ AND THIRD PARTY SERVICES PROVIDERS’ TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSS, OR HARM CAUSED BY OR RELATED TO THE SERVICES SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES. TO THE EXTENT ALLOWABLE BY LAW, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS FOR OR RIGHTS TO ANY CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF INCOME, AND CLAIMS FOR PAIN AND SUFFERING OR EMOTIONAL DISTRESS.
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:
PO BOX 297
Denver, CO 80201
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.
11. Dispute Resolution Process:
These terms and conditions shall be governed by and construed under the laws of the State of Colorado without regard to conflicts of law. In the event of any claim or dispute between you and ID Watchdog arising from or relating to the services or these terms and conditions, 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.
This section shall survive termination of these terms and conditions.
12. Entire Agreement.