1. Term
The term of this Agreement shall begin on the first day that you agree to these terms and conditions and shall continue until terminated by either party upon written notice, which may be given by U.S. Mail, Facsimile, or by Email. The indemnification term shall survive termination.
2. Trademarks, Servicemarks, Copyrights and Other Proprietary Rights.
You should assume that everything on the NAMESAFE™ website is copyrighted unless otherwise noted and that it must not be used except as provided in the Rules or with the express written consent of the NAMESAFE™ Board of Directors. NAMESAFE™ can neither warrant nor represent that your use of the material displayed on its website will not infringe on the rights of third parties. Any product, service, program, or technology described on the NAMESAFE™ website may be, and likely is, the subject of other intellectual property rights (including but not limited to trademark, servicemark, copy or patent rights) owned by NAMESAFE™.
Images of people and/or places displayed on the NAMESAFE™ website are either the property of NAMESAFE™, or used with permission by NAMESAFE™. Use of these images by you or other third parties is strictly prohibited unless you have the express written consent of the NAMESAFE™ Board of Directors. Any unauthorized use of these images may violate copyright, trademark, or servicemark laws, the privacy laws, publicity laws, and other applicable regulations and statutes.
Any product, service, program or technology described in any document published by NAMESAFE™ on the NAMESAFE™ website may be the subject of other intellectual property rights owned by NAMESAFE™.
3. Use of the NAMESAFE™ website.
Your access to and use of the NAMESAFE™ website is subject to all applicable federal, state, local, and international laws and regulations. Unless otherwise specifically indicated, you may download material displayed on the NAMESAFE™ website for personal, non-commercial use only. It is unlawful to modify, copy, publish, transmit, distribute, display, sell, use, reuse, license, or create derivative works of any of the contents or material displayed on the NAMESAFE™ website for any commercial or public purpose without the written consent of the NAMESAFE™ Board of Directors.
You must maintain and retain all copyright and other proprietary notices on all material downloaded or copied. Any copy of material from the NAMESAFE™ website you make and distribute for any purpose, must also include these Rules. You may not access or use the NAMESAFE™ website in any way that could or is intended to damage or impair the website, or any server or network underlying the website, or interfere with anyone else’s use and enjoyment of the website.
4. Trademarks and Brand Names
The trademarks, logos and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the NAMESAFE™ website are Trademarks of NAMESAFE™ and others. Nothing contained on the NAMESAFE™ website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the NAMESAFE™ website without the written permission of NAMESAFE™ or such third party that may own the Trademark. Misuse of any Trademarks, or any other content displayed on the NAMESAFE™ website is prohibited. NAMESAFE™ aggressively enforces its intellectual property rights, including via civil and criminal proceedings.
5. Indemnification
You do not have to use this service. Therefore, you agree that you shall indemnify and hold harmless NAMESAFE™, its officers, directors, employees and agents, and all entities that have provided services, for the service, against any and all direct or indirect losses, claims, demands, expenses (including attorneys’ fees) or liabilities of whatever nature or kind arising in any way out of your use of the Service. This clause, however, in no way effects our obligations to perform as required by our service guarantee.
6. Communication
NAMESAFE™ primarily uses email to communicate with its customers. All purchase receipts, confirmation notices and welcome messages are delivered through electronic communication. NAMESAFE™ may periodically communicate service and other suitable updates with its customers via email. You hereby agree to this method of communication.
7. Warranty
See our $1,000,000 Service Guarantee
8. Renewal
Your account will be automatically renewed for one month or one year, depending on the term you initially select, on the anniversary date of your enrollment.
9. Description of Services:
If you are 16 years of age or older:
- We will request that Equifax, Experian and TransUnion, or other credit bureaus as may become appropriate, place fraud alerts on your consumer reports to the extent permitted by law. Your fraud alert will include up to two telephone numbers provided by you. While you are our client, we will attempt to renew these alerts as often as required to keep them active until such time that you notify us that you no longer have a good faith suspicion that you have or are about to become a victim of fraud or related crimes, including identity theft;
- If requested to do so, we will request, to the extent permitted by law, that your name be removed from pre-approved credit card mailing lists;
- If requested to do so, we will request that your name be removed from junk-mail lists by using the opt-out options established by the Direct Marketing Association;
- We will submit a request on your behalf to the three major credit reporting bureaus for you to be sent a copy of your credit report based upon your reasonable belief that you either have been or reasonably could be a victim of fraud or related crimes, including identity theft.
If you are under 16 years of age:
- If you are under the age of 16 years, we will request that Equifax, Experian and TransUnion, or other credit bureaus as may become appropriate, place fraud alerts on your consumer reports to the extent permitted by law. If a consumer report is found to match, we will attempt to renew these alerts as often as required while such individuals are a current NAMESAFE™ client. We will keep the service active until such time as the individual notifies us that there is no longer a good faith suspicion that the individual has or is about to become a victim of fraud or related crimes, including identity theft. If there is no matching consumer report located for such individual, NAMESAFE™ will confirm every 180 days that no matching consumer report has been created.
Individuals under eighteen (18) years of age must have our Service administered by a parent or legal guardian.
10. Refusal of Service
We maintain the right to accept or refuse you as a client and provide you with our services. Reasons for refusal may include, but not be limited to, credit review, the unavailability of the Service or any other reason we deem advisable.
11. Cancellation and Termination
Simply call 1-866-NAMESAFE (626-3723) and cancel. At NAMESAFE™ we don’t want you to feel obligated -- because you’re not. We don’t require commitments from clients. We believe that once you try our service and have the peace of mind that NAMESAFE™ gives, you will never want to go back to being unprotected.
In the unfortunate event that you do decide to cancel we will refund your prorated subscription fee with no questions asked. Cancellations are effective the day they are made. If you are on a month-to-month contract, you will not be billed for the following month. If you have prepaid for the year (or more), we will refund any full monthly unused portion of your payment on a prorated basis. If you cancel an annual subscription, you will be refunded as though you were a monthly subscriber.
If you fail to comply with any of these terms and conditions, we may at any time terminate your rights under this Agreement at our sole discretion and without prior notice. We will not void our responsibilities under our Service Guarantee for damages that were prior to any termination by us of the Service Guarantee.
12. Privacy Policy
Please click on our Privacy Policy on the Home Page to review. The Privacy Policy is incorporated into this Agreement. If you do not have access to website location, please inform us so that we may provide you with a hard copy. You agree to accept the terms of the Privacy Policy as a condition of acceptance of this Agreement.
13. Information Sharing
NAMESAFE™ must provide your personal identifying information with third parties, including but not limited to: Experian, Equifax and TransUnion, or other credit bureaus as may become appropriate. You agree that NAMESAFE™ may provide your information to these third parties and waive any and all claims against NAMESAFE™ for the acts and omissions of these companies with regard to the use or disclosure of such information. NAMESAFE™ will cover any resulting failures that arise from any misuse of your information, whether or not attributable to acts of such third parties, to the extent covered by the terms set forth in our Service Guarantee.
14. Payment Terms and Taxes
Payment for Service may be made by credit card, debit card or any other mutually agreed upon payment instrument. You are responsible for any applicable state and/or federal sales or other taxes that may be associated with the purchase of our Service.
15. Authorization (Limited Power of Attorney)
By accepting these terms and conditions, you expressly authorize NAMESAFE™’s authorized employees to complete and execute on your behalf any documents required in order to provide Service. You expressly and specifically authorize NAMESAFE™’s authorized employees to execute any document necessary to set initial or extended fraud alerts pursuant to the Fair Credit Reporting Act. You also expressly and specifically authorize NAMESAFE™ and it’s authorized employees to act as your personal representative under 15 U.S.C. Section 1681c-1, under which consumers or their authorized representatives have the right to set fraud alerts. In addition, in the event of, and as a condition to, you exercising your right to our Service Guarantee, you agree to execute a Limited Power of Attorney authorizing NAMESAFE™’s performance. Consistent with this Agreement, when you invoke our Service Guarantee, NAMESAFE™ shall promptly provide you with such Limited Power of Attorney document and shall begin such assistance after we receive your executed Limited Power of Attorney authorizing our assistance.
16. Disclaimers and Limitation of Liability
NAMESAFE™ assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to NAMESAFE™’s website. NAMESAFE™ will not be liable for any special, incidental, indirect or consequential damages of any kind. Nor will NAMESAFE™ be responsible or liable for any damages whatsoever other than as set forth in our Service Guarantee. NAMESAFE™ will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, or any similar event beyond the reasonable commercial control of NAMESAFE™.
17. Governing Law
This Agreement and any Service provided hereunder will be governed by the laws of the State of Tennessee, without regard to any Tennessee laws that would direct the choice of another state’s laws and, where applicable, to be governed by the federal laws of the United States. Any dispute arising out of or relating to the use or purchase of any Service from NAMESAFE™, shall be resolved in a court in the State of Tennessee.
18. Revision of Terms
NAMESAFE™ retains the right to revise this Agreement at any time. No changes made will be retroactive but will be effective on the date the changes are published to the website. We will notify you of any changes at the email address or mailing address associated with your account. If you do not contact NAMESAFE™ within thirty (30) days of receiving notice that changes have been made expressing your objection to those changes in this Agreement, you shall be deemed a continuing use client and agree to be bound by any revisions so made.
19. Credit Remediation.
NAMESAFE™ will employ a law firm to assist you in credit remediation to correct any adverse credit caused by a breach of your identity while a NAMESAFE™ client. Our services under our Service Warranty will not cover credit repair that occurred prior to your becoming a NAMESAFE™ client. We do, however, offer these services for an additional fee.
20. Insurance
NAMESAFE™ is neither an insurance company nor an agent for any insurance company and does not sell, solicit or negotiate insurance. Our service should not be mistaken for an Insurance Product.
21. Prosecution of Identity Thief
There is always the possibility of you having to prosecute an attempted identity thief who is caught as a result of the fraud alerts set by NAMESAFE™. In fact, as a NAMESAFE™ client, you are more likely to have to prosecute someone for an “attempted” theft of your identity, than you would have to recover from an actual theft of your identity. To that end, we also offer (for no additional charge) assistance in the prosecution of any such identity thief by assigning a member of our prosecution team to contact you and accompany you to critical court dates for support, explaining the rights you have as a victim during the process. You agree to report any suspected identity theft to the proper law enforcement authorities and cooperate with any police force or other law enforcement agency or organization in the prosecution of any attempted offender. NAMESAFE™ agrees to assign a member of our prosecution team to assist you in the preparation of your case against the suspect. We will not act as special prosecutor, but as a liaison between you and the District Attorney General’s Office, as well as provide support to you in explaining your rights as a victim and accompanying you at all critical stages in the criminal court proceedings.
22. Miscellaneous
The terms and conditions of this Agreement may not be altered, amended, or supplemented by you, by the use of this or any other document(s). Any attempt to alter, amend, or supplement this document or to enter an order for the Service which is subject to additional or altered terms and conditions will be null and void, unless agreed to in writing and signed by you and the President and CEO of NAMESAFE™.
The section headings in this document are strictly for convenience of reference and do not form a part of these terms and conditions, and no construction or inference will be derived therefrom. If any provision in this Agreement is held to be unenforceable for any reason, such provision may be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision.
23. Arbitration
ARBITRATION AND DISPUTE RESOLUTION. IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION PROVIDES THAT, EXCEPT FOR THE SPECIFIC EXCEPTION STATED BELOW, ANY DISPUTE BETWEEN YOU AND NAMESAFE™ MUST BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. Either You or NAMESAFE™ may, without the other’s consent, elect mandatory, binding arbitration of any claim, dispute, or controversy raised by either you or NAMESAFE™ against the other arising from this Agreement or Your use of the Products or this Site or any information you receive from us (the "Claim" or "Claims"). All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, whether legal or equitable. As an exception to the arbitration provision, you retain the right to pursue in small claims court any Claim that is within that court’s jurisdiction and proceed on an individual basis. If you or we elect arbitration, the arbitration will be conducted as an individual arbitration. Neither You nor We consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit your Claims to arbitration, you may be forfeiting your right to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed. The party filing a Claim in arbitration must select either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA") to administer the arbitration. The arbitration organization that is selected will apply its rules, codes, or procedures in effect at the time the arbitration is filed, unless any portion of those rules, codes, or procedures is inconsistent with any specific terms of this arbitration provision or these Terms of Use, in which case the terms of this arbitration provision and these Terms of Use will govern. These rules and procedures may limit the amount of discovery available to you or us. The arbitration may not be consolidated or joined with any other arbitration proceeding. The arbitration shall be before a single arbitrator. The arbitrator will apply applicable substantive law, including the applicable statute of limitations, and will honor claims of privilege recognized at law. The arbitrator will have the power to award to a party any damages provided for under applicable law, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. Rules and forms may be obtained from, and any Claims filed with, either: the NAF at P.O. Box 50191, Minneapolis, Minnesota 55405, web site at www.arb-forum.com; or the AAA at 335 Madison Avenue, Floor 10, New York, New York 10017, web site at www.adr.org. In the event you file a Claim in arbitration, we will reimburse you for the initial arbitration filing fee paid by you up to $500. If there is an arbitration hearing, we will pay any fees of the arbitrator and the arbitration administrator for the first two days of the hearing. If you prevail in the arbitration of any Claim against Us, then we will reimburse you for any fees you paid to the arbitration organization in connection with the arbitration. All other fees, including attorneys’ fees, will be allocated in accordance with the rules of the arbitration organization. The Federal Arbitration Act, and not state law, shall govern the arbitrability of all Claims between You and Us, including any and all claims or disputes concerning the validity, construction, and performance of this arbitration provision. Any Claim or dispute as to the enforceability of this arbitration provision’s restrictions on your right to participate in or pursue a class action or classwide arbitration shall be decided by a court and not an arbitrator, and shall be brought only in a United States District Court located in Nashville, Tennessee, or in any court within the Tennessee State or the Circuit or Chancery Court System located in Davidson County, Tennessee.
24. Your Obligations
- You agree that you have a good faith suspicion that you have been or are about to become a victim of fraud or related crime, including identity theft and that you want to obtain fraud alerts under 15 U.S.C. Section 1681c-1.
- You agree that you will notify NAMESAFE™ immediately should you no longer have a good faith suspicion that your are or are about to become a victim of fraud or related crime, including identity theft.
- The information you provide during the registration process and any subsequent information you provide to NAMESAFE™ will be true, accurate and current.
- You will contact NAMESAFE™ in the event that any information you have provided changes.
- You are providing your own personal information.
- You are not providing the information of any other individual.
- You will not purposefully engage in behavior that will put your personal information at unnecessary risk, such as leaving your Social Security Number, PIN, or passwords in obvious places.
- You will never unnecessarily publish or display your Social Security Number.
- You agree to comply with all applicable laws and regulations and that you are buying the Service for your use only.
- You agree that you are eighteen (18) years of age or older.
- You agree to pay the established fees for the Service, less any discounts to which you may be entitled.
25. Other Terms.
Failure by either of us to insist on the strict performance of any of the terms and conditions of this Agreement in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition or of any other term or condition. The terms and conditions set forth herein constitute the entire agreement, and any additional or different terms or conditions set forth in any other document shall be of no effect.