ID WORLDWIDE Terms & Conditions
Effective Date: September 1, 2014
These terms (“Terms” or “Agreement”) shall constitute the agreement between Agilla Pro, LLC (“we,” “us,” or “Agilla Pro”), a Delaware corporation with offices at 15405 John Marshall Highway, Haymarket, VA 20169, providing a service called ID WORLDWIDE, and you (“You”), the end user of this service. ID WORLDWIDE, together with any and all other services or products offered hereunder, shall be referred to as “ID WORLDWIDE.” By enrolling in ID WORLDWIDE, You agree to be bound by these Terms.
1. SERVICE: (a) The ID WORLDWIDE service will enable You to access a copy of your credit report comprised of information from the three major credit reporting agencies; a copy of your personal credit scores; daily monitoring from all three major credit reporting agencies 1; forms and toll-free phone numbers to assist You in answering credit report-related questions; daily monitoring of Internet chat rooms for your Social Security Number and up to ten of your credit/debit cards registered with the ID WORLDWIDE service (the “SSN/Card Monitoring Benefit”) 2; monitoring of your personal, publicly available information (including your name and up to three current or past addresses, three e-mail addresses and three phone numbers), the results of which are updated every two weeks (together with the SSN/Card Monitoring Benefit, the “Monitoring Benefit”); credit card registration; important document registration; a lost/stolen credit card reporting service; computer security software 3; identity theft insurance coverage4; identity fraud support services; the option to use an interactive online fraud resolution guide as a tool to aid in the identity theft recovery process; a copy of your state motor vehicle record; a copy of your Social Security record; a copy of your Medical Information Bureau file should one exist; and forms and toll-free phone numbers to assist You in answering product and resolution-related questions. (b) Agilla Pro reserves the right to change or modify the terms and conditions of this Agreement and ID WORLDWIDE at any time without notice, and You agree to comply with such changes or modifications. Agilla Pro may cancel this Agreement upon written notice and refund to You the current term’s membership fee of $16/$20 (primary) or $8/$10 (spouse) unless the reason for such cancellation is your failure to pay or your misuse of the ID WORLDWIDE service. (c) Any or all of the ID WORLDWIDE benefits are provided by third parties (“Subcontractors”), unaffiliated with us, whose respective terms and conditions will govern to the extent they are not inconsistent with these Terms. (d) Reimbursement requests with respect to the ID WORLDWIDE product are considered based solely upon written materials received from You. All invoices, receipts, and other documentation must be in writing and are subject to verification.
2. WHO MAY USE; RESTRICTIONS ON USE – The ID WORLDWIDE service is non-transferable. Accordingly, You agree that You will use ID WORLDWIDE only for your own behalf and that You will be the end user of the information provided by ID WORLDWIDE. You further acknowledge and agree that You shall use the Monitoring Benefit solely for the purpose of obtaining a report on your own public records as described herein according to the terms and conditions of this Agreement. Without limiting the foregoing, You agree not to use ID WORLDWIDE for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et. seq.) or similar state statute. You acknowledge that this Agreement grants You a limited license in exchange for payment of the $16/$20 (primary) or $8/$10 (spouse) monthly membership fee and charges for ID WORLDWIDE, and You shall not reproduce, retransmit, republish or otherwise transfer for commercial purpose any information that You receive from ID WORLDWIDE. You agree to limit use and dissemination of information from ID WORLDWIDE solely to the uses set forth herein. In order to access the information, You will be provided your own membership number. You will be responsible for all use of your membership number and must notify us immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. You acknowledge and agree that the virus protection, personal firewall, parental control, and spam filter software will only be utilized on a single computer that is physically present in your household. The ID WORLDWIDE service may not be used for business or commercial purposes. You acknowledge and understand that ID WORLDWIDE will only allow You to access ID WORLDWIDE if You meet and continue to meet the standards described herein.
3. LIABILITY – YOU ACCEPT ALL INFORMATION RECEIVED THROUGH ID WORLDWIDE “AS IS”. NEITHER AGILLA PRO, NOR ANY OF ITS AFFILIATES OR SUBCONTRACTORS, SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF YOUR PERSONAL CREDIT REPORT OR YOUR CREDIT MONITORING REPORT OR FOR ANY DEFECTIVE PRODUCTS PROVIDED TO YOU IN CONNECTION WITH THE ID WORLDWIDE SERVICE. NEITHER AGILLA PRO, NOR ANY OF ITS AFFILIATES OR SUBCONTRACTORS, MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY, COMPLETENESS, CORRECTNESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ID WORLDWIDE OR THE COMPONENTS THEREOF, INCLUDING, WITHOUT LIMITATION, THE INFORMATION CONTAINED IN THE REPORTS WHICH YOU RECEIVE AS PART OF ID WORLDWIDE. NEITHER AGILLA PRO, NOR ANY OF ITS AFFILIATES OR SUBCONTRACTORS, ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE ID WORLDWIDE SERVICE OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE ID WORLDWIDE SERVICE. NEITHER ID WORLDWIDE, NOR ANY OF ITS AFFILIATES OR SUBCONTRACTORS, ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE ID WORLDWIDE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID ID WORLDWIDE FOR YOUR MEMBERSHIP. ID WORLDWIDE IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION OR EXPIRATION OF THIS AGREEMENT.
4. MISUSE OF ID WORLDWIDE OR INFORMATION – You agree to take appropriate measures so as to protect against the misuse of ID WORLDWIDE. You agree that ID WORLDWIDE may, if it is concerned about your use, temporarily suspend your access for up to ten (10) business days pending an investigation of use. You agree to cooperate fully with any and all investigations. If misuse is confirmed through investigation, ID WORLDWIDE may immediately terminate this Agreement.
5. SECURITY EVENT – In the event that You learn or have reason to believe that ID WORLDWIDE data has been disclosed or accessed by an unauthorized party, You will immediately give notice of such event to ID WORLDWIDE.
6. AUDIT – You understand and agree that in order to ensure compliance with applicable laws, ID WORLDWIDE will conduct periodic reviews of your activity and may, on a random basis, contact You to review completed searches. You agree to reasonably cooperate with any and all such reviews. Violations discovered in any review by Agilla Pro will be subject to immediate action including, but not limited to, termination of this Agreement.
7. INDEMNIFICATION – You agree to indemnify and hold Agilla Pro, its Subcontractors, and their respective parents, subsidiaries, affiliates, officers, directors, and employees harmless from any claim, damage, demand, expense, liability, or loss, including reasonable attorneys’ fees, incurred by such party arising out of or relating to your unauthorized use of the ID WORLDWIDE service or your violation of these Terms. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
8. GOVERNING LAW; ARBITRATION – This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Virginia. If there is a dispute between You and Agilla Pro, any of such parties may elect to have it resolved by proceeding in small claims court or by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
9. MEMBERSHIP FEE – For your convenience, your membership fee of $16/$20 (primary) or $8/$10 (spouse) will be automatically billed to your credit or debit card account (or to the related checking account) You designated when You enrolled in the ID WORLDWIDE service, unless You call to cancel. Your membership fee of $16/$20 (primary) or $8/$10 (spouse) will be billed in accordance with the billing terms furnished to You at the time you enrolled in the ID WORLDWIDE service.
10. RENEWALS – Unless You notify ID WORLDWIDE that You do not wish to renew your membership, we will automatically renew your membership at the end of each term and bill the then-current renewal fee of $16/$20 to your designated billing source.
11. RIGHT TO CANCEL MEMBERSHIP – (a) You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-800-297-1548 or writing to ID WORLDWIDE, 15405 John Marshall Highway, Haymarket, VA 20169 Attention: Membership Department. Cancel this agreement at any time, and You will owe nothing further. You will remain liable for any other fees or charges to be paid pursuant to this Agreement. (b) The insurance coverage that is included within this membership requires that the membership fee of $16/$20 be paid when due. If Agilla Pro determines it is unable to bill the membership fee of $16/$20 (primary) or $8/$10 (spouse) due hereunder to your designated billing source, Agilla Pro shall have the right to terminate this Agreement in which event You will no longer have access to any of the ID WORLDWIDE benefits, including your insurance benefits. If terminated, no further insurance coverage will be provided to You. In addition to ID WORLDWIDE’s termination rights set forth above, Agilla Pro may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the ID WORLDWIDE benefits, including your insurance benefits, until such time (if any) as Agilla Pro is able to bill the membership fee of $16/$20 (primary) or $8/$10 (spouse) due hereunder to your designated billing source.
12. THIRD PARTY BENEFICIARIES – You agree that these Terms, including the arbitration provision contained in Section 8, shall confer third-party beneficiary status on any entity or person that assists Agilla Pro, LLC in providing the ID WORLDWIDE service with respect to any claims relating thereto. The terms of this section shall survive any termination, cancellation or expiration of this Agreement.
13. AGREEMENT ENTIRETY – This Agreement, as may be amended from time to time, sets forth the entire understanding and agreement between ID WORLDWIDE and You regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or representations. 1 Daily monitoring will notify members of any new inquiries, certain derogatory information, accounts, public records, or change of address that have been added to their credit reports as reported by any of the three major credit reporting agencies. If no information has been added or changed, then the member will receive a notification stating that no information has changed within their credit file. 2 ID WORLDWIDE monitors up to ten registered credit/debit cards and your Social Security Number on the Internet, based on an extensive research of Internet chat rooms; however, it is impossible to ensure that all Internet chat rooms have been searched for your personal information. Accordingly, your monitoring alert reports may not contain or apprise You of all your personal information that is publicly available or that may have been compromised. 3 The computer security software is available for all Windows PCs, but is not currently available for Macintosh computers. Browser and System Requirements: Supports the following operating systems: Microsoft Windows® XP with Service Pack 2 or later Home / Pro / Media Center; Microsoft® Windows Vista®(32-bit and 64-bit) Starter / Home Basic / Home Premium / Business / Ultimate; Microsoft® Windows 7 (32-bit and 64-bit) Starter / Home Basic/Home Premium / Professional / Ultimate. End user’s computer must meet or exceed the following requirements: 300 MHz or faster processor, 256 MB of RAM minimum, 300 MB of available hard disk space, standard Web browser. 4 Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of Chartis Inc. under group policy # 7077733 for non-New York State Insureds and # 1423212 for New York State Insureds. All exclusions and limitations of the master policy apply. See the Benefit Summary for details regarding such exclusions and limitations. Availability of coverage is subject to underwriting qualifications and state laws and regulations. Coverage is subject to actual policy language. Membership representatives are available to answer your questions Monday through Friday, 9 a.m. to 8 p.m., EST and Saturday, 9 a.m. to 5 p.m., EST at . Billing support representatives are available to answer your questions Monday through Friday, 9 a.m. to 5 p.m., EST at . All ID WORLDWIDE services and benefits are provided by Agilla Pro, LLC. Any part of the ID WORLDWIDE service may be modified or improved at any time and without prior notice. ID WORLDWIDE is a registered mark of Agilla Pro, LLC.