Our service guarantee is not complicated. We intend for it to be an asset to you and easy to understand. However, our Service Guarantee is limited.
In short, we will spend up to One Million Dollars ($1,000,000) to cure any failure or defect in our service, per client, per lifetime for all incidents in total during your lifetime (provided that you are a client in good standing) where your personal information is used to create and/or open new accounts that were opened without your knowledge or consent as a result of identity theft. (As used herein, your “personal information” will be defined as your name and social security number). We will NOT reimburse special, incidental, indirect or consequential damages, such as lost wages or profits, loss of business, or lost opportunities.
Our Service Guarantee (Warranty) is in support of our Service under the Terms and Conditions Agreement and is provided without additional charge. In order to take advantage of our Service Guarantee, it is required that a police report be filed by the NAMESAFE™ client prior to making a claim under the Guarantee for any or all of the below:
1. If you are our client when someone accesses your personal identifying information and subsequently uses it without your authorization to commit a fraud, due to a failure or defect in our Service, and you have complied with the terms of this Agreement, subject to the terms herein, we will assist in restoring any such loss or recover such expenses or pay professionals to do so, as required, provided however that the maximum limit of our Service Guarantee is $1 (one) million per lifetime for all incidents in total during your lifetime (or all incidents in the aggregate). That means we will spend under this service guarantee up to one million dollars over the entire period of your life for all incidents that may occur while you are a client in good standing. Not one million dollars for each incident.
Being a “client in good standing” simply means you are current with your subscription and you don’t allow your payments to become delinquent at any time.
2. We will cure any failure or defect in our Service, resulting in damages you incur, subject to the terms of this Agreement as follows:
a. Usually, we will pay these expenses directly to the provider on behalf of the NAMESAFE™ client. If we cover or pay any expense for you, you must assign to us any right you have to be reimbursed for that expense from any other party. b. We reserve the right to investigate any Service Guarantee request (claim) in order to determine whether the claim is valid before we do anything under the terms of this agreement. Such investigation will be performed swiftly without undue delay. If our investigation shows that a reasonable person would conclude that your personal identifying information was used without your authorization to commit a fraud while you were a client in good standing, and you have complied with this Agreement, we will perform as described herein.
3. If we find that you misrepresented damages, the identity theft itself, or misrepresented that you were our client (or a client in good standing) when your information was misused, you agree to pay us back upon demand any amount we have paid in connection with your claim, including any costs and attorney fees we incur to collect the money back from you. Being found guilty of a crime (or “responsible” for the violation of a civil law) as it relates to the loss which you attributed to identity theft is sufficient evidence to conclude that we are entitled to recover all amounts paid on your behalf as described above. However, such finding is not limited to that circumstance, as that is not the only basis upon which we may so conclude.
4. You must be truthful with us at all times and you must tell us of any and all uses of your personal identifying information without your authorization to commit a fraud within 30 days of you first learning of it. You also agree to cooperate with us and/or those we hire to help you, and with those members of law enforcement as needed.
5. If you need additional professional assistance, such as that of an attorney or credit counselor, to help remediate damages caused by the failure or defect in our Service, we will arrange for and cover the expense of that assistance to be provided to you through persons or firms we select. Since we want to maintain the highest level of service and professionalism, we will not reimburse fees of professionals or other service providers that have not been selected by NAMESAFE™ for your particular matter. However, nothing herein prohibits us from doing so if we agree in writing prior to the retaining of such services. But that agreement must be specific, and address this particular clause noting the variance, and must be in writing signed by the President and CEO of the company.
6. Should we decline your Service Guarantee request following our investigation and that decision is subsequently determined to have been wrong, we will honor our Service Guarantee.
Other than our service guarantee, we make no representation or warranty about our service of any kind, and we disclaim any implied warranties outside of our service guarantee, such as a warranty of merchantability or fitness of our service for any particular purpose.