This SecureFraud Membership Agreement (Agreement) is between SecureFraud, Inc. (SecureFraud) and the person that has checked the appropriate box below to indicate agreement with this Agreement (you, your or yours), and describes the terms under which you may use this website (Website) to obtain SecureFraud services (Services) by becoming a SecureFraud member. By checking the appropriate box below, you are agreeing to comply with and be bound by all the terms of this Agreement.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOU RESIDE IN THE UNITED STATES, THAT YOU HAVE A VALID UNITED STATES SOCIAL SECURITY NUMBER, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT, AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT THE SERVICES COVER ONLY YOUR PERSONAL AND BUSINESS ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID UNITED STATES SOCIAL SECURITY NUMBER.
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST NOT CHECK THE BOX BELOW AND YOU MAY NOT RECEIVE SERVICES. SecureFraud MAY CHANGE THIS AGREEMENT AND SecureFrauds PRIVACY POLICY FROM TIME TO TIME, AND POST THOSE CHANGES HERE. YOUR CONTINUED USE OF THE WEBSITE OR USE OF SERVICES AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
1. Becoming a SecureFraud Member.
To become a SecureFraud member and to receive Services, you must first register with SecureFraud. You may register by telephone, or at the Website by fully and accurately completing the Registration Form located on this Website, and providing to SecureFraud fully accurate personal information as SecureFraud may reasonably require, including without limitation your name, address, telephone number, email address, date of birth, drivers license number, Social Security number, and other personal information to verify your identity, as well as financial information such as your credit card number (collectively, Personal Information); you agree to keep all Personal Information updated and correct. Upon your registration and payment to SecureFraud of the proper fees, you will become eligible to receive the level of Services you have selected and for which you have paid SecureFraud the proper fees. XHIBIT A (SERVICES) to this Agreement. You must select the Services you wish to receive as part of this Website registration process. Any additional terms applicable to such Services are included in EXHIBIT A (SERVICES) which is hereby incorporated into this Agreement by reference. You will be required to provide a valid email address and other information to enable SecureFraud to confirm your identity.
YOU UNDERSTAND AND AGREE THAT THE SERVICES SHALL NOT INCLUDE SECUREFRAUD REPLACING YOUR MONEY OR PRODUCT. YOU ALSO UNDERSTAND AND AGREE THAT THE IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THIS AGREEMENT AND REGISTER WITH SecureFraud FOR SERVICES TO BE ACTIVATED
2. Service Guarantee.
The provisions of this Section 2 constitute the Service Guarantee under this Agreement: If you are a SecureFraud member in good standing and receiving Services, have paid SecureFraud (or caused SecureFraud to be paid) all proper fees for those Services, and have fully complied with this Agreement including without limitations the provisions of Section 4, and you nevertheless become a victim of a fraud committed or attempted using your Personal Information without authority because of a failure or defect in the Services, SecureFraud will retain and pay for those third party professional services that are reasonably necessary in SecureFrauds judgment to assist you in restoring losses or recovering your lost out-of-pocket expenses caused by such fraud. SecureFraud will pay such third parties up to a maximum of one million dollars ($1,000,000) over your lifetime for all such fraud incidents in the aggregate, provided that:
You notify SecureFraud within thirty (30) days of the date you know, or reasonably should have known, that someone had commited a fraud against your or your business;
You fully cooperate and are truthful with those SecureFraud retains to assist you, and you will execute any documents SecureFraud reasonably requires;
You fully cooperate with SecureFraud in any remediation process, including, but not limited to, providing SecureFraud with copies of all available investigation files from any institution, including, but not limited to, banks credit institutions, or law enforcement agencies relating to the alleged online fraud or theft;
You agree that SecureFraud will not pay or be obliged as to any costs or expenses other than as described in this Service Guarantee, including without limitation fees of any service providers not retained by SecureFraud;
You agree that SecureFraud reserves the right to investigate any asserted Service Guarantee claim to determine its validity;
You agree that SecureFraud is not an insurance company, not a credit repair organization, is not a credit counseling service, and is not a law enforcement agency and does not promise to help you recover your exact merchandise and or items and prosecution and or referall to law enforcment can be deemed in its place; and
You agree that SecureFraud will not make payments to you for any loss or liability you may incur. Should a bank or other credit institution, after reasonable investigation, determine that your reported loss is not due to a fraud or theft, SecureFraud may rely on such investigation to determine that the Service Guarantee is not applicable to such loss.
THE FOREGOING SERVICE GUARANTEE STATES THE ENTIRE OBLIGATION OF SecureFraud AND YOUR ENTIRE REMEDY FOR ANY FAILURE OR DELAY IN PERFORMING SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 2, THE SERVICES ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTY WHATSOEVER. SecureFraud HEREBY DISCLAIMS ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEALING, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. Some jurisdictions do not allow certain limitations of warranties so the foregoing may not apply to you.
DUE TO NEW YORK STATE LAW RESTRICTIONS, THE SERVICE GUARANTEE IS NOT OFFERED, APPLICABLE OR AVAILABLE TO RESIDENTS OF THE STATE OF NEW YORK.
3. Payment and Refunds.
You agree that you will timely pay (or arrange for payment to) SecureFraud beforehand for Services on a monthly or annual basis (as determined by you when you register) and you authorize SecureFraud to charge your credit card should you choose that method of payment. SecureFraud will advise you in advance before applying a new charge against your credit card for any future Services term. In all cases, you are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of Services unless noted otherwise. You have a 30 day no hassle trial period in which you can request a full refund of services if you wish to discontinue our services. After that a $50 cancelation fee (individuals) and a $500 fee (businesses)applies based on a one year membership.
4. Your Conduct.
You understand and agree that perfect security does not exist anywhere, and you will therefore protect your Personal Information in a reasonable way at all times. Accordingly, you will not recklessly buy or sell online to those that would reasonably be expected to improperly use or engage as by way of example in response to phishing scams, Auction scams, under priced items, buyers and sellers with negative feedback, respond or engage in unsolicited emails or pop-up messages seeking disclosure of Personal Information, or of buying selling merchandise. You also agree that you will, upon request from SecureFraud, immediately remove from your computer any malicious or Peer-to-Peer software identified by SecureFraud.
5. Term.
The term of this Agreement will continue until terminated by you or SecureFraud. SecureFraud may terminate this Agreement at any time upon notice to you with or without cause. If SecureFraud terminates this Agreement without cause, SecureFraud will promptly refund to you a prorata portion of any fees you have already paid for Services that have yet to be provided. You may terminate this Agreement at any time upon notice to SecureFraud SecureFraud (or, if you obtained your membership through your employer or a bulk enrollment partner, upon notice to such employer or a bulk enrollment partner) with or without cause. If this Agreement has not been terminated, it shall automatically continue indefinitely, and you shall pay (or cause to be paid) corresponding fees as published by SecureFraud from time to time.
6. Privacy Policy.
SecureFrauds privacy policy is located on the Website, and is incorporated by reference into this Agreement. You authorize SecureFraud, its agents and employees to obtain various information and reports about you (or about your minor child that you have registered) as SecureFraud deems reasonably necessary or desirable in the course of performing Services. SecureFraud may share your Personal Information (as defined in the Privacy Policy) with any other person registered on your SecureFraud account as provided in the Privacy Policy. You, individually or as the parent or legal guardian of a minor child you register, expressly authorize SecureFraud, its agents and employees to take any steps necessary to implement the Services, including, but not limited to completing and executing any documents, communicating with third parties and acting as a personal representative to the fullest extent permitted by law.
7. Disclaimer.
IN NO EVENT SHALL SecureFraud BE LIABLE TO YOU, ANY PARTY YOU REGISTER FOR SERVICES OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. OTHER THAN PURSUANT TO THE SERVICE GUARANTEE, IN NO EVENT SHALL THE TOTAL LIABILITY OF SecureFraud UNDER THIS AGREEMENT OR REGARDING SERVICES EXCEED THE GREATER OF ONE THOUSAND DOLLARS ($1000) OR THE TOTAL AMOUNT YOU HAVE PAID TO SecureFraud FOR SERVICES. Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.
8. Jurisdiction.
This Agreement and any Service provided hereunder will be governed by the laws of the State of Arizona, without regard to any laws that would direct the choice of another states laws and, where applicable, to be governed by the federal laws of the United States.
9. Other Rights.
You understand and agree that the Fair Credit Reporting Act allows you to place fraud alerts on consumer reports and to obtain copies of annual credit reports, for yourself and for minor children for whom you are the parent or legal guardian, without charge. Accordingly, you also understand and agree that your decision to pay for and receive Services under this Agreement has been made by you as a convenience, and is not legally required.
10. General.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of SecureFraud. Any purported assignment without such permission shall be void. Any waiver of any rights of SecureFraud under this Agreement must be in writing, signed by SecureFraud, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Services and the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You will indemnify and hold SecureFraud (and SecureFrauds officers, directors, agents, subsidiaries, joint ventures, licensees, and employees), harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or regulation, or the rights of any third party.
Copyright 2010 SecureFraud, Inc.
All Rights Reserved
Version 1.0 February, 2010
EXHIBIT A
SERVICES
SERVICES shall consist of all the following services as you may select and for which you have paid (or have caused to be paid) corresponding fees to SecureFraud:
A. SecureFraud Service. If you select SecureFraud Service, SecureFraud will do the following for you:
(i) through the SecureFraud Carnivore service, using your Personal Information, monitor your ecommerce risk level, based upon your buying and selling transaction history, on an ongoing basis using certain proprietary technologies and database information owned by or under license to SecureFraud. In addition, SecureFraud shall notify you promptly, via telephone, email or postal mail, where SecureFraud determines that there has been a credit or non-credit application event using your Personal Information. You will provide SecureFraud with up to two (2) telephone numbers in order to contact you, but SecureFraud shall contact you with respect to such notification only at the telephone number you designate as your alert telephone number;
(ii) request, to the extent permitted by 15 U.S.C 1681b (e), that your name be removed from pre-approved credit card mailing lists; utilized our patent pending search applications to buy and sell safely online,
(iii) through the eRecon and LegitAddress services, search Internet black market websites and national address databases for illegal selling or trading of your Personal Information,merchandise, brand, which may include your Social Security number, credit card numbers, debit card numbers, medical identification numbers, and drivers licenses, or unauthorized attempts to change your address, and in such case that we detect a match, we will promptly notify you;
(v) through the AuctionLock service, if your Auction account compromised, help you identify the fraudsters, contact each ecommerce platform, bank or document issuing company, cancel your affected accounts and complete the paperwork and steps necessary to replace and open another account (other than pictures or cash). You will be responsible, however, for any applicable fees charged by any , company, credit card, bank or document issuing companies to replace lost or stolen documents, accounts, fees, etc; and
B. SecureFraud Service Center. You must provide SecureFraud with an email address in order for SecureFraud to communicate with you via the MySecureFraud member portal, and in such case SecureFraud will do the following for you:
(i) through the SecureFraud Identity SDS (Search. Deploy. Secure.) service, deliver alerts and reports using your Personal Information, Auction Information, and or social networks:
a. to find instances of your stolen merchandise in which you wish to purchase;
b. to provide a list of registered sex offender records near you and alert you if a sex offender is using your home address on any registries;
c. to identify identify known fraudsters in which you wish to engage in business;
d. to identify instances of known fraudsters in which are found in public Court Records you are engaged with; and
e. to identify alternate alias identities associated with buyers and sellers in which you are engaged with.
(ii) through the SecureFraud Personal Breach Detection service, mine Peer-to-Peer file-sharing networks on the Internet for sensitive information and detect if there is a match with certain Personal Information that you have provided. In such case, SecureFraud will notify you of what Personal Information was found, whether the disclosure of the Personal Information appears to be from your personal computer or that of a third party, request that the Personal Information be removed from the Internet through a take-down notice, and provide you with recommended course of action and remediation as necessary.