LAST UPDATED: JANUARY 2016
AllClear ID End User Services Agreement
This AllClear End User Services Agreement (this “Agreement”) is between AllClear ID, Inc. (“AllClear ID”) and the individual whose identity will be protected or repaired by means of the AllClear ID Identity Protection Services (“you”).
The person who accepts this Agreement represents and warrants to AllClear ID that he or she is either the individual whose identity will be protected or repaired by means of the services, or is authorized by that individual to accept this Agreement on that individual’s behalf.
If the individual whose identity will be protected or repaired is under the age of 18, please see Section 11 (Identity Protection Services for Children) below.
- Services Agreement. AllClearID offers different types of identity repair and identity protection services. Some services are offered on a subscription basis and require advance enrollment or registration, and some services are offered on demand, without advance enrollment required. The features of the different services are described on the AllClear ID Website (the “Site”). The terms and conditions applicable to the enrollment-based services are stated in this Agreement.
- Enrollment/Fees. To enroll in an AllClear ID service, you must follow the instructions for enrollment on the AllClear ID Site. If you have been provided with a promotion code for a free or discounted service, you must enter the code as part of your enrollment. If you select a service that has not been fully paid on your behalf, you will be required to enter payment card billing information as part of your enrollment. Depending on the service you select, you may have the option to activate certain services features by following the directions on the Site. The fee for those services is the same, whether or not you choose to activate the optional features.
- Service Term/Cancellation. The initial service term begins on the date that enrollment is complete and continues for that number of months stated on the Site, or in the service offer communicated to you. If you have been provided with the service at no charge, then the service will terminate at the end of the sponsored term unless you elect to renew. AllClear ID will notify you prior to your sponsored services ending. If you have paid for the service yourself, then the service will automatically renew at the end of the initial service term on a month-to-month basis until you contact AllClear ID to cancel your protection services. You may cancel the service at any time. If your notice of cancellation is given at least 30 days prior to the end of a calendar month, then the cancellation is effective as of the end of that calendar month. If your notice is less than 30 days prior to the end of a calendar month, then your cancellation is effective as of the end of the next calendar month. AllClear ID may cancel the Service at any time upon written notice to you. On cancellation, AllClear ID will refund any fees you may have prepaid for the remaining unused full calendar months of your service term to the payment card you used to purchase the service. To notify AllClearID that you wish to renew, terminate or cancel the service, you may call AllClear ID Customer Support at 1-855-434-8077 or email firstname.lastname@example.org.
- Upgrades, Multiple Overlapping Services. If you move or upgrade to a new service, you will forfeit any remaining entitlement in your previous service.
- Warranty. AllClear ID will use commercially reasonable efforts to take those identity repair or protection steps described for the service you select. Otherwise the services are provided AS IS, and AllClear ID expressly disclaims any implied warranties, such as any implied warranty of merchantability or fitness for a particular purpose, and any warranty that may arise from a course of dealing. You acknowledge that AllClear ID has no obligation to take any steps not described for your service, and that those steps described for your service may not fully repair or protect your identity. You acknowledge that the AllClear ID services are designed to help in the event a person other than you uses or tries to use your personal data (your identity) to fraudulently obtain goods or services, and are not intended to serve any other purpose, such as credit establishment and enhancement or credit repair.
- Limitation of AllClear ID’s Liability. You agree that AllClear ID’s liability to you in connection with any legal claim you may have against it in connection with the services or this Agreement is limited as described in this Section, except to the extent these limitations are prohibited by applicable law. You acknowledge that AllClear ID has set its fees in reliance on your agreement to these limitations of liability. AllClear ID is not responsible to you for any indirect, special, incidental, punitive, or consequential loss or damage of any kind arising in connection with this Agreement or the services. The maximum liability of AllClear ID to you in connection with the services and this Agreement for other types of damages is a refund of fees paid by you for the services you selected. You agree that this limitation applies to any claim you might have against AllClear ID under any theory – contract, tort, commercial code, strict liability or otherwise, even if a limited remedy fails of its essential purpose.
- Suspension, Termination for Violation of the Agreement. Either party to this Agreement (AllClear ID or you) may terminate this Agreement for breach if the other party is in material violation of this Agreement and fails to cure the violation within 10 days of the party’s written notice describing the breach in reasonable detail, or if the other party provides or uses the services (as applicable) in violation of applicable law. In addition, AllClear ID may suspend performance of the services if you have failed to timely pay the fees for the services or are otherwise in breach of the Agreement. If AllClear ID suspends the services under this Section, it will reinstate the services when you have remedied the violation, unless it terminates the agreement prior to that time. If suspension is due to late payment, AllClear ID may require you to prepay the fees for the entire subscription as a condition to reinstating the services. If AllClear ID terminates the Agreement for your breach, it is not obligated to refund any fees you may have prepaid for the services.
- Confidential and Proprietary Information. AllClear ID’s services techniques, processes, fees, and client- or subscriber-related information are confidential or proprietary information. You may not use or disclose that information for any purpose other than as necessary to use the AllClear ID services for the repair or protection of your identity. If you give AllClear ID feedback on its services, you license the feedback and any related intellectual property to AllClear ID on a perpetual, non-exclusive, irrevocable, fully paid basis, to use, modify, distribute, and commercially exploit without restriction or obligation to account to you. Except as expressly stated otherwise in this Agreement, each party retains all right, title and interest in and to its intellectual property. You may not reverse engineer, decompile, disassemble or take like action with respect to the services or any AllClear ID technology except to the extent such activity is permitted by applicable law notwithstanding this limitation, and then only on advance written notice to AllClear ID of at least 30 days.
- Identity Protection Services for Children. Notwithstanding anything to the contrary above, if the individual whose identity is to be protected or repaired by means of the services is under the age of 18 (a “Child”), then the person who enrolls the Child represents and warrants that he or she is the individual’s parent or guardian with authority to enroll the Child and provide the Child’s personally identifiable data. The references to “you” in this Agreement should be interpreted to refer to the Child or the authorized parent or guardian, as appropriate to the context.
- Governing Law, Disputes. This Agreement is governed by the laws of the State of Texas and the United States of America, as applicable, excluding any law that would require the laws of a different jurisdiction be applied. The parties expressly and irrevocably disclaim and waive the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You agree that AllClear ID may use your address entered as part of our enrollment for the purposes of any legal or other notices that it is required or permitted to give you in connection with the services or this Agreement. Each party to this Agreement (you and AllClear ID) agree that any dispute related to the Services or this Agreement shall be submitted to binding arbitration in Austin, Texas. The arbitration shall be conducted by one arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration will be conducted in person unless each of us agrees to a telephonic or written submissions procedure. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement, or to enforce or vacate an arbitration award. Each party waives any right to a trial by jury, and agrees that disputes will be resolved through arbitration. No claim subject to this provision may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant. Each party agrees not bring a claim related to the Services or this Agreement more than two years after the time that the claim accrued. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
- Miscellaneous. AllClear ID may assign this Agreement and may use subcontractors to perform its obligations under this Agreement. AllClear ID is responsible to you for the actions of its subcontractors to the same extent as if those actions were by AllClear ID. AllClear ID is excused from any delay in providing the services to the extent the delay is reasonable due to any event beyond its control, such as a general failure of telecommunications networks, acts of God, or other “force majeure” events. The Section captions in this Agreement are for convenience only; they are not part of this Agreement and may not be used to interpret the terms of this Agreement. Nouns stated in the singular shall imply the plural as indicated by the context, and pronouns that are gender specific shall be read to refer to either gender. In the event one or more of the terms of this Agreement are adjudicated invalid, illegal, or unenforceable, the adjudicating body may either interpret this Agreement as if such terms had not been included, or may reform such terms to the limited extent necessary to make them valid, legal or enforceable, consistent with the economic and legal incentives underlying the Agreement.
This Agreement is the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces in its entirety any prior or contemporaneous agreement or understanding regarding the subject matter of this Agreement, written or oral. AllClear ID may change this Agreement as necessary, and when we do will post the Last Updated date on this Site so you will always be aware when changes are made. In the event that a change or update is material to how you access or use the service, AllClear ID will make reasonable efforts to contact you regarding the change or update. Your continued use of the service will be considered acceptance of the modified terms.