AGREEMENT ("Agreement") made between Trilegiant Corporation ("Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, providing a service called PrivacyGuard ("PG") and you, the end user of this service. By enrolling in PG, you agree to be bound by the terms of this Agreement.
WITNESSETH:
1. SERVICE- (a) Trilegiant together with Trilegiant Insurance Services, Inc. ("TIS"), shall provide PG through Alliance Marketing Association ("AMA"). By enrolling in PG, you are automatically admitted as a member of AMA. Depending on the specific version of PG in which you have enrolled, you will receive one or more of the following benefits: a copy of your credit report comprised of information from the three major credit reporting agencies; a copy of your personal credit scores; Credit Score Alert notifications; Credit Alert® daily monitoring from all three major credit reporting agencies1; forms and toll-free phone numbers to assist you in answering credit report-related questions; a copy of your property's Neighborhood Report if available for your area; computer security software2; identity theft insurance coverage3; credit card registration; important document registration; a copy of your state motor vehicle record; a copy of your Social Security record; a copy of your Medical Information Bureau file should one exist; and forms and toll-free phone numbers to assist you in answering product and resolution-related questions. (b) Trilegiant reserves the right to change or modify the terms and conditions of this Agreement at any time and without notice. Trilegiant may cancel this Agreement upon written notice and refund of the current term's membership fee unless the reason for such cancellation is your failure to pay or your misuse of PG.
2. WHO MAY USE - You agree that you will use PG only for your own behalf. You will be responsible for all use of your membership number and must notify Trilegiant immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number.
3. LIABILITY - YOU ACCEPT ALL INFORMATION RECEIVED THROUGH PG "AS IS". NEITHER TRILEGIANT, TIS, AMA, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF YOUR PERSONAL CREDIT REPORT OR YOUR CREDIT ALERT REPORTS. NEITHER TRILEGIANT, AMA, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THE REPORTS WHICH YOU RECEIVE AS PART OF PG. NEITHER TRILEGIANT, TIS, AMA, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE PG SERVICE OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE PG SERVICE. NEITHER TRILEGIANT, TIS, AMA, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE PG SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID TRILEGIANT FOR YOUR PG MEMBERSHIP. PG IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION OR EXPIRATION OF THIS AGREEMENT.
4. GOVERNING LAW; ARBITRATION - This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. If there is a dispute between you and Trilegiant, TIS and/or AMA, any of such parties may elect to have it resolved by proceeding in small claims court or by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
5. MEMBERSHIP FEE - For your convenience, your membership fee will be automatically billed to the credit or debit card account (or to the related checking account) you designated when you enrolled in PG (designated the billing source),in accordance with the billing terms furnished to you upon your enrollment in PG.
6. RENEWALS - Unless you notify Trilegiant that you do not wish to renew your membership, Trilegiant will automatically renew your membership at the end of each term and bill the then-current renewal fee to the credit or debit card account (or to the related checking account) designated by you when you joined PG. You will be notified of any price increase and may cancel your membership if you do not want to continue to be billed at the new price.
7. RIGHT TO CANCEL MEMBERSHIP - (a) You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-800-374-8273, writing to PrivacyGuard, P.O. Box 41249, Nashville, TN 37204-1249, Attention: Membership Department, emailing service@privacyguard.com, or clicking the cancel link on the My Account page. If you cancel this Agreement during your 30-day trial, you will owe nothing further. If you cancel this Agreement at any time thereafter, you will owe nothing further. You will remain liable for any other fees or charges to be paid pursuant to this Agreement. (b) The insurance coverage that is included within this membership requires that the membership fee be paid when due. If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Agreement in which event you will no longer have access to any of the PG benefits, including your insurance benefits. If terminated, no further insurance coverage will be provided to you. In addition to Trilegiant's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the PG benefits, including your insurance benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
8. ELECTRONIC COMMUNICATIONS - Trilegiant, at its option, may communicate with You regarding the PrivacyGuard service by mail, by telephone or by electronic communications. Trilegiant may communicate with You electronically by means of electronic mail to the e-mail address You provide when You sign up for the PrivacyGuard service and/or postings to the PrivacyGuard service website. Trilegiant may communicate electronically to You the following types of communications: Membership Terms and Conditions (including any amendments thereto), notices or disclosures regarding the PrivacyGuard service, payment and billing authorizations, and other matters relating to your use of the PrivacyGuard service.
You may contact Trilegiant at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may also request a paper copy of the terms of the payment authorization without a fee. You may contact Trilegiant at the same telephone number or e-mail address listed above to update your contact information or to withdraw your consent to receive electronic communications. Trilegiant reserves the right to terminate your use of the PrivacyGuard service if You decline or withdraw your consent to receive electronic communications from Trilegiant.
You will need the following software and hardware to access electronic communications sent to You by Trilegiant as part of your PrivacyGuard membership: IBM or MAC compatible computer, Internet access, a working e-mail address, and Internet Browser (Internet Explorer version 5.2 or a later version). To retain copies of electronic communications, You must print a copy using a printer attached to your computer, or save an electronic copy to your computer's disk or other storage device.
1 Daily monitoring will notify members of any new inquiries, certain derogatory information, accounts, public records, or change of address that have been added to their credit reports as reported by any of the three major credit reporting agencies. If no information has been added or changed, then the member will receive a monthly notification stating that no information has changed within their credit file.
2 The virus protection, personal firewall, parental control, and span filter software are available for all Windows PCs, but are not currently available for Macintosh computers.
3 Depending on the specific version of the PG service in which You have enrolled, as indicated in your benefit materials, your identity theft insurance provider will either be (i) Virginia Surety Company, Inc. or (ii) insurance company subsidiaries or affiliates of Chartis Inc. The following applies if your identity theft insurance provider is Virginia Surety Company, Inc.: The Identity Theft Insurance is underwritten by Virginia Surety Company, Inc. under group policy form # GEN-ID-GMP (8-05). Evidence of coverage under the master policy issued by Virginia Surety Company, Inc. with respect to such insurance will be available to you upon enrollment in the PG service. The summary of policy benefits, terms, conditions, exclusions, and limits of coverage set forth in the evidence of coverage are subject to the terms of the master policy. The following applies if your identity theft insurance is provided by Chartis Inc.: The Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of Chartis Inc. (collectively, the "Company") under group policy # 7077733 for non-New York State Insureds and # 1423212 for New York State Insureds. The Benefit Summary under the master policy issued by the Company with respect to such insurance will be available to you upon enrollment in the PrivacyGuard. The summary of policy benefits, terms, conditions, exclusions, and limits of coverage set forth in the Benefit Summary are subject to the terms of the master policy. Availability of coverage is subject to underwriting qualifications and state laws and regulations. Coverage is subject to actual policy language.
All PrivacyGuard services and benefits are provided by Trilegiant Corporation in conjunction with Trilegiant Insurance Services, Inc. and Alliance Marketing Association. Trilegiant Insurance Services, Inc. does not receive any compensation from the sale of the identity theft insurance benefit included as part of the PrivacyGuard service. Any part of the service may be modified or improved at any time and without prior notice. PrivacyGuard and Credit Alert are registered service marks of Affinion Publishing, LLC.
© 2011 Trilegiant Corporation
Email:
service@privacyguard.com
