Terms Of Services

 

The following Terms of Service govern your use of the Consumer Protection Services provided by the Company. In the event that, with the consent of the Company, you extend coverage under the Consumer Protection Services to any additional persons other than you, the additional persons to whom you extend coverage to are also bound by these Terms of Service and all other applicable terms constituting the Agreement.

• Consumer Protection Services. The Company reserves the right to accept or refuse your purchase of and/or registration for the Consumer Protection Services in our discretion. You may not transfer or assign your purchase or registration for the Consumer Protection Services or the benefits thereunder.

  Through the Consumer Protection Services, the Company offers various limited services (“Limited Services”) by way of several service packages (each, a “Package”). The terms and conditions for each Package are subject to the identified Package and are not applicable to any other offered Package. Based on the type of Package which you have purchased and/or for which you have registered, you may have access to the following Limited Services:

  • Identity Protection and Monitoring Package. If you have registered for the Identity Protection and Monitoring Package, the following provisions apply to you:

    • Scope of Services. The Identity Protection and Monitoring Package provides the following subscription-based benefits:

      • $1,000,000 Identity Theft Insurance Coverage - Up to $1,000,000 in insurance coverage to protect you from the harm that can be caused in the event that you are a victim of identity theft (“Identity Theft Insurance Policy”). The policy terms that govern the Identity Theft Insurance Policy, including, without limitation, all covered benefits and exclusions, are described in detail in the Identity Theft Insurance Policy coverage documents (sample copies of which can be found here ) (the “Identity Theft Insurance Policy Coverage Documents”).

      • General Identity Theft Protection – Access to a wide range of individualized resources and services that will assist you with protecting your personal information and securing your digital privacy, such as on-hand identity theft resolution specialists, a case-by-case analysis of suspicious or “too good to be true” email solicitations, personal cyber protection specialists that are available 24/7 to answer any questions you may have concerning how to keep safe from cyber-attacks, a full suite of comprehensive online data protection software, monthly risk alerts and tips, and more.

      • 3-Bureau Credit Score – Complete access to your personal credit scores as reported by the three major credit bureaus – TransUnion, Experian, and Equifax.

      • 3-Bureau Credit Monitoring - Credit monitoring services that track your credit reports from the three major credit bureaus – TransUnion, Experian, and Equifax – and identify changes that could indicate fraud or identity theft, such as, without limitation, new credit inquiries, unexpected changes to addresses or public record information, opening of new credit accounts, sudden account delinquencies, exceeded credit limits, fraudulent decease notations, etc.

      • Risk Management Technology – Access to personalized risk management technology that will evaluate your risk level of identity theft, determine your identity theft risk propensity and provide you with concrete steps that you can take to lower your risk of identity theft.

      • Data Breach Notifications – Up-to-date monitoring and notifications of data breach incidents that may pose a threat to your personal information or online login records.

      • Dark Web Monitoring – Comprehensive dark web monitoring and alert services that detect items of personal information that may appear on hidden internet sites and specialized anonymous networks to provide peace of mind and the ability to take immediate steps to remediate any potential threat.

      • High Risk Transaction Monitoring - High-risk transaction monitoring services that monitor over 300 of the nation’s largest companies to uncover and thwart potential account fraud.

    • Identity Protection and Monitoring Package Purchase Price. The initial purchase price of the Identity Protection and Monitoring Package is $24.99 per month. Your subscription to the Identity Protection and Monitoring Package will renew on the first of every month subsequent to your initial purchase (“Billing Date”) until your subscription is terminated, as provided herein. The Company may adjust your Billing Date in subsequent renewal periods without notice. Unless expressly stated otherwise, the renewal fee for all months subsequent to your initial purchase will be equal to the initial purchase price. The Company may increase the price of the renewal fee on an annual basis by providing at least thirty (30) days prior written notice. Please see Payment Terms for more details regarding this purchase price.

    • Performance of Identity Protection and Monitoring Package Services. The Identity Protection and Monitoring Package Services is a month-to-month subscription-based service package. Therefore, the Company will renew your subscription to the Identity Protection and Monitoring Package on a monthly basis and will continue to provide the Limited Services and benefits provided thereunder from the date on which you initially register for the Identity Protection and Monitoring Package until your registration is cancelled, either by you or by the Company, as provided herein.

    • Notice of Automatic Renewal. At the discretion of the Company, the Company may send email notices to you prior to charging your credit card for the monthly payments necessary to maintain your registration for the Identity Protection and Monitoring Package. However, unless it is required by law in the state you reside, the Company is not obligated to send these notices.

    • Cancellation of Identity Protection and Monitoring Package. The Identity Protection and Monitoring Package is a month-to-month subscription-based service package. You may cancel your registration to the Identity Protection and Monitoring Package at any time by providing thirty (30) days prior written notice to the Company of your intent to cancel your registration to the Identity Protection and Monitoring Package. In addition, the Company may cancel your registration to the Identity Protection and Monitoring Package at the Company’s discretion by providing thirty (30) days prior notice to you of the Company’s intent to cancel your registration to the Identity Protection and Monitoring Package

  • Identity Theft Restoration Package. If you have purchased the Identity Theft Restoration Package, the following provisions apply to you:

    • Scope of Limited Services. The Identity Theft Restoration Package provides the following pre-paid service benefits:

      • Identity Protection and Monitoring Package Benefits - All benefits provided under the Identity Protection and Monitoring Package.

      • Critical Document Review – Our representatives will assist you with the review and identification of critical documents that demonstrate or evidence that your identity has been stolen, as well as documents that demonstrate the effects or circumstances caused by the identity theft.

      • Assistance with Merchant Communications – Our representatives will assist you with communicating directly with merchants that maintain accounts that have been created or affected as a result of instances of identity theft, both via telephone and written communication, as necessary.

      • Legal Database Research - Our representatives will conduct extensive research using various legal databases to gather evidence of identity theft.d. Legal Database Research - Our representatives will conduct extensive research using various legal databases to gather evidence of identity theft.

      • Initial Credit Report Analysis - Our representatives will assist you with reviewing your credit reports produced by all three major credit reporting agencies (i.e., Experian, Equifax, and Trans Union) to determine the extent to which instances of identity theft have affected your credit.

      • Fraud Alerts and Credit Freezes – Our representatives will assist you with compiling, drafting and submitting effective fraud alerts and credit freeze requests as necessary in order to prevent further activity resulting from the identity theft from harming your credit and/or financial standing.

      • Federal Trade Commission Affidavit Assistance - Our representatives will assist you with compiling, drafting and submitting an effective Federal Trade Commission (FTC) affidavit for purposes of alerting the federal government and applicable merchants of the identity theft.

      • Credit Reporting Agency Disputes - Our representatives will assist you with compiling, drafting and submitting effective dispute letters to credit reporting agencies in order to correct any inaccurate reporting of accounts and/or credit information resulting from instances of identity theft.

      • Credit Reporting Agency Dispute Follow-Up – Our representatives will assist you with reviewing any communication you receive from a credit reporting agency in response to your dispute letter and reviewing updated credit reports to determine whether the applicable credit reporting agencies made all necessary corrections in response to any disputes submitted, as well as to assist you with determining whether further disputes are necessary.

      • Attorney Analysis – Our team of highly trained attorney affiliates will review your file and determine if it is recommended to initiate legal proceedings in order to address the failure of a creditor or a credit reporting agency to take the appropriate steps to correct any credit reporting issues caused by identity theft.

    • Identity Theft Restoration Package Purchase Price. The total, flat fee purchase price of the Identity Theft Restoration Package is $594. Please see Payment Terms for more details regarding this purchase price.

      • Monthly Installment Option. You may opt to pay the purchase price for the Identity Theft Restoration Package in six equal monthly installment payments of $99. The first $99 installment payment will be due on the date on which you initially purchased the Identity Theft Restoration Package, and the remaining five (5) installment payments will be due on the first of each month following the date on which you initially purchased the Identity Theft Restoration Package.

      • Discount for Total Upfront Payment. In the event that you choose to pay the purchase price for the Identity Theft Restoration Package in one upfront payment on the date on which you purchase for the Identity Theft Restoration Package, you will be eligible to pay a discounted purchase price of $550.

    • Performance of Identity Theft Restoration Package Services. The time period for the performance of the Limited Services provided under the Identity Theft Restoration Package is six (6) months from the date on which you initially purchased the Identity Theft Restoration Package (“Identity Theft Restoration Package Performance Period”).

    • Money Back Guarantee. Without limiting any other provision herein, in the event that you have paid the purchase price for the Identity Theft Restoration Package and any of the three major credit reporting agencies (i.e., Experian, Equifax, and Trans Union) have not corrected and/or removed credit information that has been determined by our representatives to be a result of instances of identity theft upon the expiration of six (6) months from the date on which you initially purchased the Identity Theft Restoration Package and your case is not undergoing active litigation, we will issue you a refund of all payments you have made towards the purchase price of the Identity Theft Restoration Package (“Purchase Price Refund”). Notwithstanding the terms of this provision, in the event that you have provided any false information to our representatives at any time prior to the expiration of six (6) months from the date on which you initially purchased the Identity Theft Restoration Package (including, without limitation, any false information concerning the alleged identity theft, any false information concerning the circumstances resulting from the alleged identity theft, or any false information concerning your credit history or credit reporting), you will forfeit your right to the Purchase Price Refund, and we will be under no obligation to refund any payments to you.

    • Conversion of Package Upon Expiration. Upon expiration of the Identity Theft Restoration Package Performance Period, your purchase of the Identity Theft Restoration Package will automatically convert to a registration for the Identity Protection and Monitoring Package, subject to the benefits, payment terms, and the other terms and conditions as described herein.

  • Credit Restoration and Improvement Package. If you have purchased the Credit Restoration and Improvement Package, the following provisions apply to you:

    • Scope of Limited Services. The Credit Restoration and Improvement Package provides the following pre-paid service benefits:

      • Identity Protection and Monitoring Package Benefits - All benefits provided under the Identity Protection and Monitoring Package.

      • Credit Report Analysis - Our representatives and affiliate attorneys will conduct a thorough review of your credit reports to assist you with determining what steps need to be taken to begin your credit restoration and improvement process.

      • Collection Letters Analysis – Our representatives and affiliate attorneys will conduct a thorough review of any debt collection letters you may have received for purposes of determining if the means in which the debt collectors are attempting to collect an alleged debt are compliant with federal law.

      • Initial Overview Call – Our representatives will discuss the current state of your credit as evidenced by your credit report and will assist you with determining what steps need to be taken to begin your credit restoration and improvement process.

      • Credit Reporting Agency Disputes - Our representatives will assist you with compiling, drafting and submitting effective dispute letters to credit reporting agencies in order to correct any inaccurate reporting of accounts and/or credit information.

      • Credit Reporting Agency Dispute Follow-Up – Our representatives will assist you with reviewing any communication you receive from a credit reporting agency in response to your dispute letter, reviewing updated credit reports, and determining if additional dispute letters are needed.

      • Debt Validation Letters – If determined to be necessary by our representatives and/or affiliate attorneys, our representatives will assist you with compiling, drafting and submitting effective an effective debt validation request to better establish the amount, source, and other details of an alleged debt.

      • Attorney analysis – Our team of highly trained attorney affiliates will review your file and determine if it will be necessary to initiate legal proceedings in order to address the failure of a creditor, credit reporting agency, or debt collector to comply with its duties under federal law.

    • Credit Restoration and Improvement Package Purchase Price. The total, flat fee purchase price of the Credit Restoration and Improvement Package is $480. Please see Payment Terms for more details regarding this purchase price.

      • Monthly Installment Option. You may opt to pay the purchase price for the Credit Restoration and Improvement Package in six equal monthly installment payments of $79.99. The first $79.99 installment payment will be due on the date on which you initially purchase the Credit Restoration and Improvement Package, and the remaining five (5) installment payments will be due on the first of each month following the date on which you initially purchased the Credit Restoration and Improvement Package.

      • Discount for Total Upfront Payment. In the event that you choose to pay the purchase price for the iii. Credit Restoration and Improvement Package in one upfront payment on the date on which you initially purchase the Credit Restoration and Improvement Package, you will be eligible to pay a discounted purchase price of $440.

    • Performance of Credit Restoration and Improvement Package Services. The time period for the performance of the Limited Services provided under the Credit Restoration and Improvement Package is six (6) months from the date on which you initially purchased the Credit Restoration and Improvement Package (“Credit Restoration and Improvement Package Performance Period”).

    • Conversion of Package Upon Expiration. Upon expiration of the Credit Restoration and Improvement Package Performance Period, your purchase of the Credit Restoration and Improvement Package will automatically convert to a registration for Identity Protection and Monitoring Package, subject to the benefits, payment terms, and the other terms and conditions as described herein.

• Assistance with Correspondence by Mail. As part of the Limited Services, we may offer you assistance with compiling, drafting, and/or mailing certain correspondence to various parties, such as dispute letters, validation letters, or other correspondence (each, a “Letter”). In the event that you chose to utilize our assistance with mailing your Letter, we will charge you a flat fee of $5.50 per mailing of each Letter, which you will pay via our payment portal prior to the mailing of the Letter. By agreeing to benefit from our assistance with mailing your Letter, you acknowledge that the Company will have no responsibilities concerning the Letter other than mailing the Letter by a means of certified mail (chosen at the Company’s discretion) and providing you with a certified mailing receipt. You further acknowledge that (i) the Company has no control over the postal service or postal company that will be used to mail the Letter, (ii) the Company will not be liable for any delay or failure to timely deliver the Letter to the intended recipient, and (iii) you agree to indemnify and hold the Company and its members, officers, employees and/or agents harmless from any claims or causes of actions resulting from a delay or failure to timely deliver the Letter to the intended recipient.

• Additional Legal Services. If additional legal services are requested or required that fall outside the scope of the Limited Services (“Additional Legal Services”), you may choose to retain the Company’s affiliate law firm as your representation in the matter on a contingency basis. If you choose to retain the Company’s affiliate law firm as your representation for Additional Legal Services, you shall enter into a separate retainer agreement with the Company’s affiliate law firm. Please note that any attorney that is referred to you by the Company to provide Additional Legal Services is not directly employed by the Company and/or will not be acting in the capacity of a direct employee of the Company, and will be only acting as an independent attorney affiliated with the Company.

• Certain Services Provided by Third Party. A portion of the services and benefits provided under the Company’s Limited Services are rendered through Consumer Protection and Monitoring LLC, a third-party company that provides consumer-centric protection services using products and services provided by Generali Global Assistance, Inc. (“GGA”). The Company has an interest in the identity theft protection services provided by Consumer Protection and Monitoring LLC. By agreeing to benefit from the Company’s Limited Services, you acknowledge that you have reviewed and agree to GGA’s terms of services, terms and conditions, HIPAA notice, and privacy policy. Further, in the event that you register for and/or benefit from the Identity Protection and Monitoring Package, you acknowledge and agree that (i) the Company is providing any applicable Limited Services on an “arm’s length” commercial transaction basis, (ii) in no event shall the Company owe a fiduciary or similar duty to you in connection with the Limited Services, and (iii) your relationship with the Company shall not be construed to be a fiduciary relationship in any way.

• Payment Terms.

  • Scope. Your registration for the Consumer Protection Services solely covers the Limited Services within the Package you purchased and/or for which you registered, as described herein. You may retain an affiliate attorney separately from your registration for the Consumer Protection Services for all Additional Legal Services, which will be governed by a separate executed retainer agreement.

  • Additional Fees. In addition to the applicable purchase price for the Package you purchased and/or for which you registered, you must pay all charges to your account relating to the provision of the Limited Services subject to the applicable Package, including, but not limited to, all applicable taxes. In addition, you must pay all fees for the use of additional features not offered under the Package you purchased and/or for which you registered, including, but not limited to, the use of outside or affiliated counsel (as described herein). You will be charged in accordance with the billing terms in effect at the time of your initial purchase and/or registration. Even if you are not actively utilizing or reviewing the services offered and rendered under the Package for which you registered, you are responsible for the payment of the total purchase price of your registration for the Consumer Protection Services.

  • Billing Information. You must provide valid credit card information at the time of your registration for the Consumer Protection Services to allow for payment of the applicable purchase price for the Package for which you registered.

• Changes to Terms of Service. The Company may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Limited Services and the Additional Legal Services following the posting of the revised Terms of Service means that you accept and agree to the changes. You are expected to check back to the Terms of Service from time to time so you are aware of any changes, as they are binding on you.

• Privacy Policy. The Company respects your privacy and permits you to control the treatment of your personal information. The Company’s operative Privacy Policy is available at https://consumerattorneys.com/page/privacy-policy (the “Privacy Policy”), which is incorporated by reference herein.

• Use of Company’s Self-Fillable Forms. To the extent that the Company provides any self-fillable forms, letters, or documents on its website, and provides any services related thereto, you understand that your downloading and/or use of any such fillable forms, letters, or documents, and any services related thereto, is neither legal advice not the practice of law, and that each form, letter, or document (and any applicable instructions or guidance related thereto) is not customized to your particular needs. If more customizable information or documents are needed that are not provided by under the Limited Services, you will need to retain an attorney affiliated with the Company for Additional Legal Services.

• Mandatory Binding Arbitration. Unless the Company expressly states otherwise in writing, the Company requires you to submit any and all claims or disputes by you arising from or related to the Terms of Service, services offered through the Consumer Protection Services, or other applicable terms constituting the Agreement to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of New York. You understand that you are hereby waiving the right to a trial by jury for any and all such claims or disputes.

• No Warranty. THE CONSUMER PROTECTION SERVICES, THE COMPANY’S PORTAL, THE COMPANY’S WEBSITE, THE COMPANY’S APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE CONSUMER PROTECTION SERVICES, THE COMPANY’S PORTAL, THE COMPANY’S WEBSITE AND THE COMPANY’S APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT CONCERNING ALL BENEFITS FOUND WITHIN THE CONSUMER PROTECTION SERVICES, THE COMPANY’S WEBSITE, THE COMPANY’S APPLICATIONS, THE COMPANY’S PORTAL AND THOSE SEPARATE SERVICES OFFERED OUTSIDE OF THE COMPANY’S PORTAL.

  THE COMPANY MAKES NO WARRANTY THAT THE CONSUMER PROTECTION SERVICES, THE COMPANY’S PORTAL, THE COMPANY’S WEBSITE, THE COMPANY’S APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE CONSUMER PROTECTION SERVICES, THE COMPANY’S PORTAL, THE COMPANY’S WEBSITE, THE COMPANY’S APPLICATIONS OR THE ADDITIONAL LEGAL SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

  OBTAINING ANY MATERIALS THROUGH THE USE OF THE COMPANY’S PORTAL, THE COMPANY’S APPLICATIONS AND/OR THE COMPANY’S WEBSITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

• Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE COMPANY AND ITS ATTORNEYS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER SUCH DAMAGE MAY ARISE (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION THE TERMS OF SERVICE, SERVICES OFFERED THROUGH THE CONSUMER PROTECTION SERVICES OR THE ADDITIONAL LEGAL SERVICES, OR OTHER APPLICABLE TERMS CONSTITUTING THE AGREEMENT. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE CONSUMER PROTECTION SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

• Governing Law and Jurisdiction. All matters relating to these Terms of Service or other applicable terms constituting the Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

• Waiver. No waiver by the Company of any term or condition set out in these Terms of Service or other applicable terms constituting the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. No consent or waiver by the Company hereof will be deemed effective unless in writing.

• Severability. If any provision of these Terms of Service or other applicable terms constituting the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service or other applicable terms constituting the Agreement, as applicable, will continue in full force and effect.

• Entire Agreement. These Terms of Service, the Company website’s Terms of Use, the Privacy Policy, and all other or other applicable terms constituting the Agreement supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Consumer Protection Services and/or your relationship with the Company.