LAST UPDATED: 8/23/2021
This AllClear End User Services Agreement (the “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 15 (Identity Protection Services for Children) below.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “DISPUTES” SECTION BELOW.
Services Agreement. AllClear ID 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.
Experian CreditLock (If made available to you). By requesting an Experian CreditLock to be placed on your behalf, you are requesting to restrict most third party access to your Experian credit report. You acknowledge that your Experian credit report, when locked with Experian CreditLock, may still be accessible by third parties in certain instances deemed to be low-risk by Experian (as defined below), including access to your Experian credit report by the following third parties: (1) You, as part of any service offering Experian CreditLock as a benefit; (2) potential employers or insurance companies; (3) companies that have an existing credit relationship with you; (4) collection agencies acting on behalf of companies or individuals on a debt you may owe and related collection activities; (5) government agencies in connection to a child support claim, or government investigations; (6) personalized credit opportunities and other offers for products or services that may be available to You through Experian or through unaffiliated third parties, such as credit card offers, if you choose to receive them through an Experian service and (7) companies providing pre-screened credit card offers. Please understand that your Experian credit report will be unlocked if you cancel a service that includes Experian CreditLock as a benefit, or downgrade to a service that does not include Experian CreditLock as a benefit. Your Experian CreditLock will restrict delivery of your Experian credit report only, and does not apply to your TransUnion or Equifax credit report. To lock or place a security freeze on your Equifax or TransUnion credit report, you will need to contact those bureaus directly. While Experian CreditLock may include some functionality similar to security freeze programs required under certain laws, you acknowledge that Experian CreditLock is a separate service from, and not equivalent to, such security freeze programs. For more information about the Experian state security freeze program (including availability and applicable fees), please contact Experian at 1-888-EXPERIAN.
Fraud Alerts Access. You may be provided access to a hyperlink to set fraud alerts with Experian. AllClear ID will not request fraud alerts on your behalf. However, you will be able set, renew, and remove 1-year fraud alerts with Experian on its fraud alert page, which you can access from a hyperlink within the AllClear ID customer portal. You will be required to agree to Experian’s terms and conditions in order to submit a request to Experian to set your fraud alerts. A copy of these terms and conditions can be viewed at https://www.experian.com/ncaconline/fraudalert#termsAndConditions. As required by law, Experian will refer the information about your fraud alert to each of the other consumer reporting agencies.
Enrollment/Fees. To enroll in an AllClear ID service, you must follow the instructions for enrollment on the Site or on the notification you receive. If you have been provided with a promotion code for a free or discounted service, you must provide 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 provide payment card billing information as part of your enrollment. Depending on the service you select, you may have the option to activate certain service features by following the directions provided. The fee for those services is the same, whether or not you choose to activate the optional features.
Service Term. Sponsored Services. If the services provided to you have been paid for by a sponsoring organization, 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. Paid Services. 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 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. Free Services. In the event that AllClear ID provides you with Free Services after the term of your Sponsored Services has ended, such services may be terminated by you or AllClear ID at any time.
Cancellation. Cancellation by Customer. You may cancel the service at any time.
Requests will typically be handled within 3-5 business days. If the cancellation request is made within 5 days of the next billing date, the cancellation will be effective the following billing cycle.
To notify AllClear ID that you wish to renew, terminate or cancel the service, you may call AllClear ID Customer Support at 1-877-736-4486 or email firstname.lastname@example.org. Cancellation by AllClear ID – Sponsored Services. In the event that your sponsoring organization fails to pay AllClear ID for your services, AllClear ID may cancel services at any time upon written notice to you. Cancellation by AllClear ID – Paid Services. AllClear ID may cancel Free services at any time, without notice.
Upgrades, Multiple Overlapping Services, Changes to Service. If you move or upgrade to a new service, you will forfeit any remaining entitlement in your previous service. The foregoing applies only to actions taken by you in connection with your service. In the event that AllClear ID adds new or upgraded functionality to the products or services you currently receive, your current service entitlement will not be impacted. In the event that AllClear ID ceases to provide certain products or services under a free offering that you may be receiving after your Sponsored Services end, AllClear ID reserves the right to move your free account to an alternative free service at its sole discretion, including without limitation, a free service offered by Experian (as defined below).
Warranties & Disclaimers. 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. 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.
Disputes. The following dispute resolution process applies solely to disputes which may arise between you and AllClear ID and its subcontractors and service providers, including Experian, and does not interfere with your ability to bring class, collective, or other legal actions against the sponsor organization or any other party.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CALLING ALLCLEAR ID’S CUSTOMER SERVICE DEPARTMENT AT 877-736-4486. IN THE UNLIKELY EVENT THAT ALLCLEARID’S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION (OR IF ALLCLEARID HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. ALLCLEARID WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND ALLCLEAR ID WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
AllClear ID and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the services or the Site, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service or this Agreement subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us arising out of any Service, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to “AllClear ID,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, vendors, subcontractors or service providers (including, without limitation, Experian), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services or information under this or prior Agreements between us relating to services. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and AllClear ID are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
You may obtain more information about arbitration from www.adr.org.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless AllClear ID and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, AllClear ID will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AllClear ID for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
YOU AND ALLCLEAR ID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AllClear ID agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding to the maximum extent permitted by law. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If the entirety of this specific subparagraph is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of the subparagraph enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
Notwithstanding any provision in this Agreement to the contrary, we agree that if AllClear ID makes any change to this arbitration provision during your membership in any Service, including credit monitoring, or subsequent to your purchase of any Service, you may reject any such change and require AllClear ID to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service.
Insurance. The Identity Theft Insurance is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company under group or blanket policy(ies). For a summary of the Identity Theft Insurance, please see (https://portal.allclearid.com/identity-theft-insurance); however, the summary is for informational purposes only and does not include all terms, conditions and exclusions of the policies described. Please refer to the actual policies for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions. Review the Summary of Benefits.
Miscellaneous. AllClear ID may assign this Agreement and may use subcontractors, including Experian, to perform its obligations under this Agreement. AllClear ID is responsible to you for the actions of its subcontractors to, including Experian, 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. In the event that AllClear ID is delivering Services to you free of charge, AllClear ID is not required to contact you regarding any change, update or termination of free services. Your continued use of the service will be considered acceptance of the modified terms.
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