TERMS OF USE

 

IMPORTANT:  PLEASE READ THE TERMS AND CONDITIONS OF THESE SERVICE TERMS (AS DEFINED BELOW) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW).   The Identity Hero Service Terms and Conditions (the "Terms") are a legally binding agreement between PinPoint Insurance Services Inc. and its successors and assigns, ("Identity Hero," "we" "our" or "us") and you ("you," "your" or "yours") the Member, and describe the terms under which you agree to use the Identity Hero identity protection programs, including credit alerts, credit scores, credit reports, credit monitoring, and any other service or product which may be made available to you by us for which you have registered or enrolled or have been registered or enrolled by an authorized third party (collectively the "Services" and individually a "Service").

 

Both our Privacy Policy and our Website Terms of Use, which apply to our website (our "Site") and your use of our Site, are available here and are incorporated by reference into these Service Terms. Notwithstanding anything stated otherwise in these Service Terms, the Privacy Policy shall govern with respect to the collection, use, retention or storage of any information or data provided by you or to which you grant Identity Hero access.

 

YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THESE SERVICE TERMS. EXCEPT IN RELATION TO THE ENROLLMENT OF YOUR MINOR CHILD, AS DESCRIBED BELOW, YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE ENROLLING IN ANY SERVICE(S) ONLY FOR YOURSELF AND NOT ON BEHALF OF ANY OTHER INDIVIDUAL.  

FURTHER, IF YOU ENROLL IN OR USE OUR CREDIT SERVICES AND/OR ANY OF OUR PROTECTION PROGRAMS, YOU ALSO REPRESENT AND WARRANT THAT YOU ARE A U.S. RESIDENT, THAT YOU HAVE PROVIDED US YOUR VALID U.S. SOCIAL SECURITY NUMBER, AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID U.S. SOCIAL SECURITY NUMBER.

 

FOR CERTAIN SERVICES, WE MAY ALLOW YOU TO ENROLL, OR PERMIT TO BE ENROLLED, YOUR MINOR CHILD, IF YOU ARE THEIR PARENT OR LEGAL GUARDIAN. WE MAY REQUIRE YOU TO PROVIDE, EITHER DIRECTLY OR INDIRECTLY, DOCUMENTATION TO US AS WE DEEM IT NECESSARY IN OUR SOLE DISCRETION, TO PROVE YOUR RELATIONSHIP WITH ANY SUCH MINOR CHILD. YOU ACKNOWLEDGE THAT THESE SERVICE TERMS WILL APPLY TO YOUR MINOR CHILD, AND YOU HEREBY EXPRESSLY ACCEPT THESE SERVICE TERMS ON BEHALF OF YOUR MINOR CHILD.

 

DEPENDING ON YOUR OFFER, YOUR MEMBERSHIP MAY HAVE AN INTRODUCTORY OR SPECIAL OFFER. AFTER THE INTRODUCTORY OFFER EXPIRES, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE APPLICABLE PRICE (OR SUCCESSOR SITE AS DETERMINED BY PINPOINT INSURANCE SERVICES INC.), DEPENDING ON YOUR SELECTION (E.G., ANNUAL, MONTHLY, MEMBERSHIP TIER/LEVEL, ETC.) UNTIL CANCELLED BY YOU. OUR PRICES, INCLUDING ANY RENEWAL PRICE, ARE SUBJECT TO CHANGE, HOWEVER WE WILL NOTIFY YOU IN ADVANCE. PLEASE NOTE THAT FOR ALL SERVICES OR FEATURES WHICH REQUIRE AN E-MAIL ADDRESS, INCLUDING BUT NOT LIMITED TO ANY ALERTS DELIVERED VIA E-MAIL, YOU MUST KEEP YOUR EMAIL ADDRESS UP TO DATE FOR PURPOSES OF RECEIVING SUBSCRIPTION NOTIFICATIONS AND YOU HEREBY WAIVE YOUR TO RIGHT TO RECEIVE SUCH NOTICES IF YOU DO NOT PROVIDE A VALID EMAIL ADDRESS.

IF YOU WISH TO CANCEL OR TERMINATE THE SERVICES, PROTECTION PROGRAMS, AND/OR CREDIT SERVICES AND TRANSACTED DIRECTLY WITH IDNETITY HERO.

 

YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE SERVICE TERMS. WE MAY MODIFY, UPDATE, ADD OR REMOVE PROVISIONS OF THESE SERVICE TERMS AT ANY TIME BY POSTING THOSE CHANGES ON OUR SITE. YOUR CONTINUED USE OF THE SERVICES AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGE(S) TO THESE SERVICE TERMS.

 

Enrolling in My Protection Hero Services. Depending upon the Services you enroll in, register for, or otherwise sign up for or subscribe to use, we may permit you to be enrolled (i) by telephone, (ii) on our Site, (iii) by some other method we expressly permit, or (iv) by a third party who is authorized to receive on our behalf or provide your Personal Information to enroll you on your behalf. In order to enroll in and receive one or more Services, you must provide us with the full and accurate Personal Information that we require for the applicable Services, which may include without limitation your name, address, telephone number, email address, date of birth, driver's license number, Social Security number, and other personal information to verify your identity, as well as financial information such as your credit card number. You agree to keep all Personal Information updated and accurate. If we are unable to obtain the required Personal Information or you fail to authenticate your identity as may be required, the Services for which you have enrolled may be limited or unavailable.

 

Upon completion of the Enrollment Process, and payment to us of any fees owed, you will become eligible to receive the Services for which you have enrolled.

 

As a Member enrolled in certain Services, should you become a victim of identity theft you may be covered for certain losses in accordance with our Service Guarantee and Insurance, which is incorporated by reference into these Service Terms. To the extent that your protection program includes Insurance Protection, you agree to such insurance coverage, and agree that the premium for such insurance will be paid by us on your behalf and agree to receive notices of insurance and insurance changes electronically. Please note, your service and/or plan may not include Insurance Protection.

 

YOU UNDERSTAND AND AGREE THAT THE SERVICES SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER REPORTING AGENCIES. YOU UNDERSTAND THAT WE MONITOR YOUR PERSONAL INFORMATION WITHIN OUR NETWORK USING CERTAIN PROPRIETARY TECHNOLOGIES AND DATABASE INFORMATION OWNED BY OR UNDER LICENSE TO US. YOU ACKNOWLEDGE THAT NOT ALL TRANSACTIONS MAY BE MONITORED, INCLUDING THOSE THAT MIGHT INVOLVE THE POTENTIALLY FRAUDULENT USE OF A CUSTOMER'S INFORMATION. THE SCOPE OF THE NETWORK UTILIZED BY US TO PROVIDE ALERTS MAY CHANGE FROM TIME TO TIME. YOU ALSO UNDERSTAND AND AGREE THAT IT MAY TAKE up to Seven (7) days  FROM THE DATE YOU ACCEPT THESE SERVICE TERMS AND COMPLETE THE ENROLLMENT PROCESS FOR ALL OF THE SERVICES TO BE FULLY ACTIVATED.

 

Changes to the Services. We reserve the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time. We may also modify the terms and conditions that apply to the features and your use of the Services. We shall make reasonable attempts to provide you with notice of such modifications by posting them on the Site. We have no obligation to provide direct notice of any such changes. We reserve the right to define eligibility criteria for the Services, and make changes to those criteria at any time.

 

By continuing to use the Service(s) and Site after any such changes or modifications to the Service(s) become effective, you agree to be bound by the revised terms. If you object to such change, your sole remedy shall be to terminate and/or cancel the Service.

Transaction Monitoring. You may be eligible to use the monitoring feature(s) of our Services. To sign up for monitoring, you must provide us with the account credentials for your eligible financial account(s) (such as credit card accounts, checking and savings accounts and investment accounts) ("Account Credentials") at participating third party institutions, and authorize IdentityHero to use your Account Credentials to directly access your account data at these third-party companies ("Account Information"). By using the monitoring feature and providing us your Account Credentials, you are expressly authorizing IdentityHero to access your Account Information on your behalf. You hereby grant IdentityHero a non-exclusive, royalty-free, fully paid-up, license to use your Account Information in order to provide our Services to you, and to prepare aggregated and anonymous data derived from your Account Information for our own internal use. If any of your Account Credentials change, you are responsible for providing updated Account Credentials to IdentityHero; if you do not, we will not be able to access your Account Information to provide alerts or notifications for any account for which we do not have your current Account Credentials.

 

Members that sign up for monitoring, may be able to receive related alerts via email or mobile device. Monitoring alerts are only available for certain types of transactions. IdentityHero may add, remove, or modify the types of transactions for which it will provide alerts at any time and without advance notice to you. Monitoring and alerts may not be available for all of your accounts, and the scope of monitoring and alerts may vary based on the particular financial institution or credit card account.

 

YOU ACKNOWLEDGE AND AGREE THAT WHEN IdentityHero IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, IdentityHero IS ACTING AS YOUR AGENT FOR THE SOLE AND LIMITED PURPOSE OF OBTAINING YOUR ACCOUNT INFORMATION TO PROVIDE THE SERVICES TO YOU. IF YOU SIGN UP TO RECEIVE TRANSACTION MONITORING ALERTS ON YOUR MOBILE DEVICE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ITS SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE RECOMMEDATIONS RELATED TO TRANSACTION ALERTS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY BASED ON YOUR RELIANCE ON OR USE OF ANY INFORMATION CONTAINED IN ANY ALERT OR DUE TO A FAILURE TO SEND OR RECEIVE AN ALERT.

 

Credit Reports, Credit Scores. Certain Services may provide the opportunity for you to review a copy of your credit report and score or alerts derived from changes to your reports. For any IdentityHero Service that includes Credit Services, you agree that you are providing written instructions to us under the Fair Credit Reporting Act, authorizing IdentityHero, its successors and assigns, to obtain information on a recurring basis from any consumer reporting agency in order to (i) confirm your identity, (ii) display or disclose your credit information to you and/or your designated representative related to your use of the applicable IdentityHero Services, (iii) allow us to create and deliver certain features and services to you, and (iv) permit us to monitor your credit file(s) so that we can provide to you and/or your designated representative, certain fraud alerts services and provide assistance in reviewing certain portions of your credit data.

Any person who knowingly and willfully obtains a consumer credit report or score/disclosure under false pretenses may face criminal prosecution. We do not directly report or provide your credit score to any third party; however, we may use it in accordance with our Privacy Policy.

 

Some of our Services provide you with access to your credit score. The credit score is intended for your own educational use. It is also commercially available to third parties along with numerous other credit scores and models in the marketplace.

 

Your enrollment in any Service(s) that include Credit Services depends upon both (i) the credit bureaus' ability to locate your credit file in their records, and (ii) the successful authentication of your identity.

Payment. With your consent and in accordance with our Privacy Policy, we retain your payment information and payment method.  We use your stored payment method and information to bill and automatically renew the Service(s). We reserve the right to verify credit/debit card payments prior to acceptance of your order. We also reserve the right to (i) obtain and continue using updated credit card account information electronically, when applicable, from the card brands, (ii) retry failed payments in order to complete transactions, including but not limited to, retrying failed cards with extended expiration dates and, (iii) change or amend authorized third parties to assist with payment processing.

 

You further acknowledge and agree that, subject to our then-current Member authentication procedures, another adult member enrolled on your account may authorize changes to the account, including without limitation to the form of payment, or to the Services including termination of membership or changes that may result in additional charges. In all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services. We also reserve the right to collect any sales taxes applicable to your purchase of and membership to the Service.

 

Term, Termination, and Cancellation. IdentityHero reserves the right to terminate the Service and/or Service Terms upon notice, with or without cause. Unless cancelled and/or terminated, the Services shall automatically continue indefinitely, and you shall pay the applicable then-current prices as published by us. As you authorize during enrollment for the Services, we store your payment method, the Services will automatically renew, and you will be billed, until you cancel.

 

Customers Enrolled and Transacted in Service(s) Directly with IdentityHero

You may cancel your Service or the automatic renewal of your Service at any time. To terminate and/or cancel your Service, you must contact us in writing or cancel service on the client portal using your user name and password.

 

Members Enrolled in the Services Through a Third Party

If you have enrolled in or obtained your membership to the Service(s) through a third party, and you wish to cancel the Service and/or Service Terms, you must notify the third party of your intent to cancel.

We will terminate the Services and/or Service Terms upon notice to us provided by such third party. If you are enrolled in any Services through a third party, you may not be entitled to any refund of fees by IdentityHero; we shall have no obligation to, and shall not, refund any fees paid by you to a third party.

Privacy. You agree that we may use your Personal Information in accordance with our Privacy Policies, which are available here and are incorporated by reference into these Service Terms. You expressly authorize IdentityHero, its agents, and its employees to obtain various information and reports about you (or about any minor child that you have enrolled) as we deem reasonably necessary or desirable in the course of performing the Services. We may share your Personal Information with any other person registered on your IdentityHero account, in accordance with our Privacy Policies. You, individually or as the parent or legal guardian of a minor child you enroll or cause to be enrolled, expressly authorize IdentityHero, its agents, and its employees to take any steps necessary to implement the Services, including, but not limited to, completing and executing any documents, communicating with third parties, and acting as a personal representative to the fullest extent permitted by law.

 

Ownership of Intellectual Property Rights. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Services, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services.

Local Laws and Export Control. We control and operate the Services from our headquarters in the United States of America and the content and features may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are responsible for following applicable local laws. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Disclaimer of Warranties. UNLESS OTHERWISE EXPLICITLY STATED, IdentityHero, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IdentityHero DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

 

Limitation of Liability. OTHER THAN PURSUANT TO THE INSURANCE SERVICES WHICH APPLIES SOLELY TO MEMBERS ENROLLED IN OUR INSURANCE PROTECTION PROGRAMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IdentityHero, OUR AFFILIATES, OUR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE SERVICE TERMS IS LIMITED TO THE LESSER OF (a) ONE THOUSAND U.S. DOLLARS ($1,000) OR (b) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.

 SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Jurisdiction. These Terms and any Services provided hereunder will be governed by the laws of the State of California, without regard to any laws that would direct the choice of another state's laws and, where applicable, will be governed by the federal laws of the United States.

 

Indemnification. You will indemnify and hold IdentityHero(and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, and third-party partners) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or regulation, or the rights of any third party.

 

Other Rights. You understand and agree that the Fair Credit Reporting Act allows you to obtain copies of annual credit reports, for yourself and for minor children for whom you are the parent or legal guardian, without charge. You also understand and agree that your decision to pay any required payments for the Services and receive the Services under these Service Terms has been made by you as a convenience, and is not legally required. Further, all Customers may request that their name be removed from preapproved credit card mailing lists; to opt out of preapproved credit card offers free of charge, log on to www.optoutprescreen.com or call 1-888-5OPTOUT.

 

Dispute Resolution. IdentityHero believes that most disagreements can be resolved informally and efficiently by contacting IdentityHero customer support. If you are a U.S. customer, and the dispute is not resolved through IdentityHero customer support, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by Mediation / Arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

PII Scan & Removal Services 

No Guarantee

We do not guarantee that the Service will find your online personal information at any of the Data Sites, or that it will scan all 10 Data Sites if your online personal information is not present. We do not guarantee that the Service will be effective, that an Opt-out request will be honored or responded to, or that all Opt-out requests for your online personal information will be equivalent. We do not guarantee that an Opt-out request will prevent all or any future uses or disclosures of your online personal information by a Data Site, that we will identify all instances of your online personal information that are eligible for Opt-out, or that the Data Sites will not retain copies of your online personal information. 
  
Some of the Data Sites may have multiple databases, and may acquire and aggregate personal information about individuals on an ongoing basis. The Opt-out request we submit on your behalf may not be effective for all sources of online personal information maintained by the Data Site, or for online personal information acquired by the Data Site after we submit the Opt-out request. In addition, we may not locate all entries or the correct entries of your online personal information that are eligible for Opt-out. Not all of these Data Sites offer the same type of Opt-out options. Further, in some instances, even if we are able to effectively submit an Opt-out request on your behalf to a Data Site that Data Site may still maintain your online personal information in its records. In other instances, a Data Site may fail to honor or properly respond to an Opt-out request. 
  
You understand and agree that Identityprotection-Services is not responsible for the actions or inactions of any of these Data Sites, and that Identityprotection-Services makes no representations, warranties or guarantees related to such Data Sites. You expressly agree that we will not be liable to you under any circumstances for any actions or inactions of these Data Sites, or for our failure for any reason to exercise effective Opt-outs on your behalf. 
  
You understand and agree that Identityprotection-Services is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. 
  
Limited Authority to Act on Your Behalf 
In order to make an Opt-out request, Identityprotection-Services may need to interact with Data Sites on your behalf. You 
expressly authorize Identityprotection-Services, its agents, servicers, and its employees, to act as your personal representative in order to submit Opt-out requests to Data Sites and 
  
• obtain information on your behalf; 
• submit your personal information to the Data Sites; 
• communicate with the Data Sites or other third parties on your behalf; 
• agree to applicable terms and conditions imposed by these Data Sites; 
• complete and sign or execute documents on your behalf; and 
• take other actions that Identityprotection-Services believes is reasonably necessary to complete an Opt-out request from a Data Site or to implement the Service. 

General. Neither these Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. In the event any portion of these Terms is found to be illegal or unenforceable, such portion shall be severed from these Terms, and the remaining terms shall be separately enforced. Your use of the Services shall at all times comply with all applicable laws, rules, and regulations. These Terms, and all documents incorporated into these Terms by reference, are the entire agreement between the parties with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. Our failure to enforce any of these Terms is not a waiver of such term or right. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

 

Copyright Notice. Copyright (c) 2018 PinPoint Isurance Services dba Quotehero. All Rights Reserved. Except as otherwise stated, IdentityHero owns all content contained in this web site. Content includes the information, text, graphics, web site design, and its selection, assembly, and arrangement (collectively "Content").

 

Effective Date: June 1, 2020