Thank you for choosing SaberGuard identity
theft restoration services (the “Services”).
The following terms and conditions (these “Terms”) apply to your trial,
paid or other subscription (including all enrollments and activations) for
Services offered by SaberGuard (each, a “Subscription”) through this website or
otherwise. These Terms shall remain
valid and effective until modified or terminated by SaberGuard, or until you or
SaberGuard validly terminate your Subscription or your payment method is no
longer valid. Please read these
Terms in their entirety.
By accepting these Terms, either (i) by
clicking a box on the website indicating your acceptance or (ii) by using the
Services, this website or completing an order form that references these Terms,
you agree to be bound by the conditions and obligations set forth herein and all
applicable laws and regulations, as well as the terms of SaberGuard’s Privacy
Policy (also available on the website).
If you are entering into this agreement on behalf of another
individual(s), you represent that you have the authority to bind such
individual(s) to these Terms, in which case the terms “you” or “your” shall
refer to such other individual(s) as well.
If you do not have such authority, or if you do not agree with these
Terms, you must not accept these Terms and may not use the Services. These Terms were last updated on June
1, 2010. They are effective between you and SaberGuard as of the earlier date of
your acceptance of these Terms or your Subscription for Services. These Terms may be updated from time
to time, and you should check these Terms regularly to be sure that you are
aware of any changes hereto as such changes may arise.
YOU UNDERSTAND AND AGREE THAT THE SERVICES
SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER CREDIT REPORTING
AGENCIES. YOU ALSO UNDERSTAND AND
AGREE, THOUGH IT IS NOT LIKELY, THAT THERE MAY BE A DELAY OF SEVERAL DAYS
BETWEEN THE TIME IN WHICH YOU SUBSCRIBE FOR SERVICES UNTIL THE SERVICES ARE
ACTUALLY ACTIVATED. SaberGuard
reserves the right to modify, suspend or discontinue the Services at any time,
with or without notice or liability to you; provided, however that SaberGuard
shall provide a partial reimbursement for any fees paid in connection with the
Services through the date that such Services were suspended or discontinued.
If you are using an activation code in
connection with your Subscription, you are restricted to a one-time use of such
activation code. Any subsequent use
of the promotion code by you, your family members or any other individuals will
result in immediate termination of any associated Services without notice. In addition, if you improperly obtain
Services with an invalid or unauthorized activation code, any credit card number
or other payment method which you may have provided to SaberGuard may also be
charged with the fee associated with any Services obtained in connection with
Services that were obtained with an invalid or unauthorized activation code.
By subscribing for the Services, and in
consideration of SaberGuard’s performance in connection with such Services, you
agree to and shall provide SaberGuard with complete, accurate and up-to-date
personal information for yourself and any family members you are enrolling or
activating for Services through this website or through any other form of
Subscription. In addition, you also
agree to update any and all personal information which has otherwise become
inaccurate, incomplete or outdated following your original enrollment or
activation date during the term that you continue to hold your Subscription. You also have an obligation to inform
SaberGuard promptly in the event that you suspect your identity has been
compromised in any fashion. You will
need to submit a claim form (provided by SaberGuard), which SaberGuard will
review for approval of claims. Your
failure to provide complete, accurate and up-to-date information and otherwise
notify SaberGuard of suspected identity theft shall release SaberGuard from any
liability to you with respect to SaberGuard’s inability to provide any or all
Services, as SaberGuard will not be able to provide the Services in the absence
of such information.
Use of Subscriber Information
SaberGuard will share your personal information
only (i) as required by law or as needed in connection with the transfer of
SaberGuard’s business assets (to comport with U.S. law, SaberGuard does not
share information with any unaffiliated third parties for marketing purposes);
(ii) with other SaberGuard businesses, if any, and (iii) with agents and third
party product and service providers who use subscribers’ information on
SaberGuard’s behalf, as in the event a third party entity provides identity
theft restoration services for SaberGuard subscribers.
Access to Services
You are responsible for providing all personal
computer and communications equipment necessary to gain access to the Services
and the website. Access to certain
of the Services may be gained through a combination of a user id and password. You must keep your password strictly
confidential. Unauthorized access to
the website may subject such unauthorized user to prosecution and/or other legal
redress. By subscribing for the
Services, you agree that SaberGuard may notify you via electronic mail in
connection with all information concerning SaberGuard, the website, your
identity, any Subscription or renewal information and all other information
related to the Services.
Private Information Authorization
You understand and agree that you are providing
SaberGuard with your “written instructions” in accordance with the Fair Credit
Reporting Act, and you are authorizing SaberGuard to obtain personal information
on your behalf and, as the case may be, your family members’ behalves, to the
extent that such family members have been included in the Subscription
(including minor children) for the purpose of providing the Services, including,
as applicable to your Subscription and any future Services you may order,
identity theft resolution, recovery and restoration services.
The Fair Credit Reporting Act (“FCRA”) requires
each of the nationwide consumer reporting companies — Equifax, Experian, and
TransUnion — to provide you with a free copy of your credit report, at your
request, once every 12 months. The
FCRA promotes the accuracy and privacy of information in the files of the
nation’s consumer reporting companies. The Federal Trade Commission, the
nation’s consumer protection agency, enforces the FCRA with respect to consumer
reporting companies. Failure to
comply with the FCRA can result in state, federal and private enforcement
actions or lawsuits. In addition,
any person who knowingly and willfully obtains a consumer credit report or
disclosure under false pretenses may face criminal prosecution.
The FCRA also permits you to dispute inaccurate
information in your credit report without charge.
ACCURATE INFORMATION CANNOT BE CHANGED. You do not have to purchase the
Services in order to dispute inaccurate or incomplete information in your credit
file, or to receive a copy of your consumer credit report.
“Whatever it Takes” Guarantee
At SaberGuard, we guarantee that we will act
diligently in attempting to recover and restore your identity to its
pre-identification theft condition, and SaberGuard will spend “whatever it
takes” to recover your identity and to restore your standing to pre-theft
levels, subject to all limitations set forth in these Terms. While SaberGuard’s ICFE certified
specialists have a 100% proven success rate with recovering identities, there
can be no assurance that changes will not be made to the current identity theft
recovery infrastructure, including, among other things, amendments to laws and
regulations that have a negative impact on SaberGuard’s ability to continue with
its current rate of success. SaberGuard works to restore all members who are
victims of identity theft to a pre-theft status.
This means that in the event that a fraudulent activity occurs resulting
from an identity theft event within a member’s financial, medical, state or
federal records SaberGuard will work to expunge the record of this information
and the member’s records will appear as they did prior to the identity theft
event. SaberGuard’s ability to recover an identity to pre-theft status may be
negatively impacted by other events in a member’s personal profile which may be
reflected within the member’s personal status. SaberGuard cannot correct a
member’s status in connection with records that relate to a member’s own
Subscription/membership fees are fully
refundable for the 72-hour period immediately following Subscription. You are responsible for paying
periodic subscription fees, and hereby authorize SaberGuard to charge your
credit card, debit card, bank account or other payment source identified during
enrollment or activation, to pay for the ongoing cost of your Subscription fees
via automatic debit. Subscription
plans, offerings and length of terms offered may vary by type of Subscription.
will send an electronic mail reminder approximately 45 days before your
Subscription is set to expire, providing you with an opportunity to opt out of
the automatic renewal of your Subscription.
UNLESS EXPRESSLY STATED OTHERWISE, YOUR SUBSCRIPTION WILL BE
AUTOMATICALLY RENEWED FOR A TERM OF ONE (1) YEAR, AND CONTINUALLY THEREAFTER,
UNLESS YOU TERMINATE THE SUBSCRIPTION (i) BY CLICKING ON AN APPROPRIATE
TERMINATION LINK SENT TO YOU BY SABERGUARD BY ELECTRONIC MEANS OR (ii) BY
TELEPHONE AT LEAST 24 HOURS PRIOR TO THE RENEWAL DATE. When a termination is requested,
SaberGuard will not refund your unused portion of your current Subscription. You may not assign or transfer you
Subscription to any other person or entity.
Should you request a refund which is denied for a valid reason under
these Terms, and should you subsequently file a claim against SaberGuard,
SaberGuard shall be entitled to collect from you all costs (including attorneys’
fees) associated with defending such a claim.
Shredder Related Offers
Related to shredders provided through an offer
from SaberGuard, Saberguard is not the provider of these shredders and
responsibility related to all relative matters inures to the vendor. Please read
the terms and conditions provided for each offer for details.
You acknowledge and agree that SaberGuard owns
and retains all legal right, title and interest in and to the Services,
including any intellectual property rights related to the Services. You agree that in using the Services,
you will not use any trademark, servicemark, trade name, logo of any company or
organization in a way that is likely or intended to cause confusion about the
owner or authorized user of such marks, names or logos.
Warranty and Liability Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR
USE OF THE SERVICES, WEBSITE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES, THE WEBSITE AND ALL
ACCOMPANYING DOCUMENTATION ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE”
BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY WARRANTIES AGAINST DEFECTS, VIRUSES, OR INTERUPTION, AND
ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL SABERGUARD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY
SERVICES OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT,
TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, SABERGUARD’S
COLLECTIVE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED IN THE
AGGREGATE THE SUM OF THE FEES (IF ANY) YOU PAID TO SABERGUARD FOR THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW
PROHIBITS SABERGUARD FROM DISCLAIMING LIABILITY HEREUNDER, THIS DISCLAIMER OF
LIABILITY MAY NOT APPLY TO ALL SUBSCRIBERS.
Services Performed by SaberGuard
Some or all services provided within SaberGuard
products are provided through an exclusive alliance with IDEXPERTS. SaberGuard
representations include guarantees provided to SaberGuard members in accordance
with guarantees provided to SaberGuard by IDEXPERTS.
In connection with your Subscription,
SaberGuard shall perform those Services listed below, subject to the limitations
set forth in these Terms. Whenever
the terms “identity theft”, “identity theft event”, “incidence of identity
theft” and the like are used herein, such terms shall mean the theft of your
personal identification, including a Social Security number or other identifying
information, which has or could reasonably result in the wrongful use of such
information, including, but not limited to, identity theft events occurring on
or arising out of your use of the Internet.
The terms “identity theft”, “identity theft event”, “incidence of
identity theft” and the like shall not include the theft or wrongful use of your
business name, d.b.a., or any other identifying information related to any of
your business activity. All losses
resulting from the same, continuous, related, or repeated acts shall be treated
as arising out of a single event occurring at the time of the first such event
reported by you to SaberGuard.
IN ORDER TO MAKE A VALID CLAIM TO SABERGUARD
REGARDING YOUR INCIDENCE OF IDENTITY THEFT, YOU MUST BE A MEMBER CONTINUOUSLY AT
AND FROM (I) THE TIME OF THE THEFT UNTIL AND AFTER (II) THE TIME OF MAKING YOUR
CLAIM. IF YOU DO NOT HAVE A VALID
SUBSCRIPTION FROM THE TIME YOUR IDENTITY IS STOLEN THROUGH THE TIME OF YOUR
CLAIM, SABERGUARD WILL NOT PROVIDE YOU WITH RECOVERY, RESTORATION OR ANY OTHER
SERVICES IN CONNECTION WITH THE THEFT.
As part of SaberGuard’s Essential Plan,
SaberGuard shall perform the following Services on your behalf:
SaberGuard will provide you with a personal ID
Coach℠ to provide you with information and guidance regarding identity theft-related
Upon your notification to SaberGuard that you
suspect your identity has been stolen, SaberGuard will assign an individual to
assess your identity theft claim;
In the event that SaberGuard confirms that you
are a victim of identity theft, SaberGuard will open a case file in your name
and you will be assigned a personal identification restoration advocate;
You will be required to provide SaberGuard with
all details concerning the identification theft, and any personal information
and/or signed documentation necessary for SaberGuard to proceed on your behalf;
SaberGuard will instruct you on how to file a
SaberGuard will review your personal financial
information to determine the necessary steps to begin the identity recovery and
restoration process, and SaberGuard will develop a plan for recovery. Your cooperation in completing the
recovery plan is a condition of the continued involvement of the ID Coach and
any SaberGuard identity theft assistance personnel;
SaberGuard will contact banks, lending
institutions, public agencies, debt collection agencies and other entities and
bodies in order to begin the dispute resolution process in connection with
fraudulent transactions related to your identity; and
Following restoration of your identity and
restoration of your pre-theft standing, SaberGuard will advise you regarding
plans for future protection and identity theft prevention.
As part of SaberGuard’s Advantage Plan
SaberGuard will provide all of the Services identified in the preceding
Essential Plan section, as well as the following:
$1,000,000 financial loss and expense
reimbursement protection (see the insurance policy summary linked on the website
for additional information regarding the exact expenses and losses covered, as
well as restrictions on such coverage); and
Deductible-free claims process.
Reimbursement of financial loss and expenses is
subject to SaberGuard’s review of your claim and consent thereto.
Daily credit monitoring – single Bureau;
SaberGuard will notify you if the system
detects any activity within your credit profile for your review
Identity theft insurance underwritten by
subsidiaries or affiliates of Chartis Inc.
The description herein is a summary and intended 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
Note: Due to State of New York law
restrictions, the $1,000,000 financial loss and reimbursement protection cannot
be offered or utilized by residents of the state of New York.
As part of SaberGuard’s “Advantage Plus Plan,”
or “Imminent Threat Protection Plan” SaberGuard will provide all of the Services
identified in the preceding “Advantage” section, as well as the following:
Identity Monitoring, which includes internet and data base searches for your
personal information to attempt to identify unauthorized use of such
SaberGuard will notify you if it detects any
unauthorized use of your personal information or any fraudulent transactions
through its Early Detection Alerts; and
SaberGuard will notify you on a monthly basis
if it does not identify any fraudulent use of your identity through its monthly
“All Clear” updates.
connection with “Family Plan” upgrades, with the exception of credit monitoring,
SaberGuard will provide all of the services listed above for each respective
plan for up to two (2) adults and all children living in the household. As used herein, “children” means
persons twenty-five (25) years of age or younger, living in the same household
as the primary subscriber, who qualify as such by virtue of lawful birth or
legal adoption, other than individuals adopted after attaining the age of
twenty-one (21) years. To the extent
that an individual between the ages of eighteen (18) and twenty-five (25) is the
primary subscriber, such individual shall not be considered a “child” hereunder.
With respect to credit monitoring, SaberGuard shall only provide credit
monitoring for up to two (2) adults that are members pursuant to a Family Plan;
SaberGuard shall not provide credit monitoring for children under any
circumstances for any Subscription, unless such individuals are the primary
subscribers under the plan and are greater than eighteen (18) years of age.
SaberGuard and its employees, agents, officers,
independent contractors, assigns and other authorized third parties, reserve the
right to make an independent investigation of your identity theft claim,
including any and all facts and circumstances related to any claim, including
through contacting any party it deems necessary, at its sole and absolute
discretion and expense, regardless of whether you provide express authorization
to make such contact for purposes of verifying and assisting you with your
claim. You hereby consent and agree
that you authorize SaberGuard to perform any such investigation with respect to
claims that you have made.
SaberGuard reserves the right to require you to
provide evidence of your identity theft event, including any unauthorized
transaction, and any other facts related to your claim, including a signed
affidavit, law enforcement or governmental agency reports, receipts of expenses,
insurance declaration forms, or any other corroborating evidence that SaberGuard
may deem necessary and reasonable prior to honoring your claim or providing any
reimbursement of expenses or financial losses.
In the event that you do not provide SaberGuard with any and all
information requested, SaberGuard reserves the right to reject your claim and
not provide you with any assistance in your identity theft event.
MANY OF THE SERVICES OFFERED TO BE PERFORMED BY
SABERGUARD CAN BE PERFORMED BY YOU FREE OF CHARGE.
Events Not Covered by SaberGuard
SaberGuard’s insurance policy will not cover
you for any financial losses or expenses that arise due to any direct or
indirect act of theft, deceit, collusion, dishonesty or criminal act by you or
any person acting in concert with you, or by any of your authorized
representatives, whether acting alone or in collusion with you or others. Moreover, SaberGuard does not provide
coverage for any financial losses or expenses that arise due to any acts of your
family, relatives or members of your household, regardless of whether you have
any knowledge of such acts, and whether or not such acts were authorized by you.
SABERGUARD WILL ALSO NOT COVER YOU FOR ANY
FINANCIAL LOSSES OR EXPENSES THAT ARISE DUE TO ANY DIRECT OR INDIRECT, PHYSICAL,
IN-PERSON FRAUDULENT ACTIVITY (AS OPPOSED TO ELECTRONIC TRANSFERS OF MONEY),
INCLUDING WITHOUT LIMITATION, FORGED DOCUMENTS, INCLUDING CHECKS AND THE LIKE. SABERGUARD’S SERVICES HEREUNDER SHALL
ONLY PROTECT YOU FROM AN “ELECTRONIC FUNDS TRANSFER,” WHICH IS DEFINED IN THE
FEDERAL ELECTRONIC FUNDS TRANSFER ACT AS:
any transfer of funds that is initiated through
an electronic terminal, telephone, computer, or magnetic tape for the purpose of
ordering, instructing, or authorizing a financial institution to debit or credit
a consumer's account. The term includes, but is not limited to:
Automated teller machine transfers;
Direct deposits or withdrawals of funds;
Transfers initiated by telephone; and
Transfers resulting from debit card transactions, whether or not
initiated through an electronic terminal.
TO THE EXTENT THAT YOUR IDENTITY THEFT CLAIM
DOES NOT ARISE AS A RESULT OF AN ELECTRONIC FUNDS TRANSFER, SUCH CLAIM WILL NOT
BE HONORED BY SABERGUARD.
Filing a Claim
Upon your discovery of any act of identity
theft perpetrated against you, you must promptly notify SaberGuard of the same
by contacting your ID Coach or by contacting SaberGuard’s identity theft hotline
These Terms constitute the entire agreement
between SaberGuard and you concerning all Services provided to you by
SaberGuard, completely replaces any prior agreements between you and SaberGuard
in relation to Services and may be amended only by SaberGuard with or without
notice at any time.
Compliance with Applicable Laws
You must abide by all applicable State and
Federal laws, and report illegal activities and fraud to appropriate legal
authorities. Failure to do so will
terminate your membership and all Subscription benefits.
You agree to indemnify, defend and hold
SaberGuard and any of its affiliates and all of our and their respective agents,
directors, employees, information providers and licensors and licensees harmless
from and against any and all liability and costs (including attorneys’ fees and
costs) incurred by any of these parties in connection with any claim arising out
of any breach by you of these Terms.
In the event that either (a) you are the subject of claims for which you
properly seek damages from us under these Terms, or (b) we are subject to any
claim for which we have the right to be indemnified by you, we reserve the right
at our expense in the case of claims in clause (a) and at your expense in the
case of claims in clause (b), to assume the exclusive defense and control of any
such claim, and you will not in any event settle any such claim without our
These Terms shall be governed by the laws of
the State of Illinois, without regard to its conflict of law provisions. You and SaberGuard agree to submit to
the exclusive jurisdiction of the courts of Illinois and you expressly consent
to the exercise of personal jurisdiction in the courts of Illinois to resolve
any legal matters arising from these Terms or the use of the Services or the
website. If any provision of these
Terms should be held illegal or unenforceable by a court of competent
jurisdiction, such provision shall be modified to the extent necessary to render
it enforceable without losing its intent, or severed from these Terms if no such
modification is possible, and other provisions of these Terms shall remain in
full force and effect. A waiver by
either party of any term or condition of these Terms or any breach thereof, in
any one instance, shall not waive such term or condition or any subsequent
You agree that SaberGuard may elect to have any
unresolved claim or dispute submitted to binding arbitration for resolution. You consent and agree that in the
event of any such election by SaberGuard, such arbitration shall take place in
Chicago, Illinois, and shall be conducted in accordance with the rules of the
American Arbitration Association in effect at that time.
You agree that you are only providing your own
personal information and not the information of any other individual, except in
the case of a Family Plan, in which case you agree that you are authorized to
provide such other information which you are submitting. You agree that the information you
provide during the registration process and any subsequent information you
provide to SaberGuard is true, accurate, and current. YOU ARE OBLIGATED TO CONTACT
SABERGUARD IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED TO SABERGUARD HAS
You agree that you are eighteen (18) years of
age or older.
You agree to pay us the fee we publish for the
Services, less any discounts to which you may be entitled.
YOU AND SABERGUARD HAVE ENTERED INTO THESE
TERMS, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR VIA PHYSICAL
COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THESE TERMS. IN THE FUTURE,
YOU AGREE TO BE BOUND TO THESE TERMS, AND MODIFICATIONS HERETO, BY CONTINUING TO
USE OUR SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED TO THE WEBSITE OR
SENT TO THE EMAIL ADDRESS YOU HAVE PROVIDED. ANY OTHER COMMUNICATIONS, INCLUDING
BILLING, PAYMENT, AND/OR DISCLOSURES WILL BE MADE VIA THE EMAIL ADDRESS
ASSOCIATED WITH YOUR ACCOUNT OR POSTED TO THE WEBSITE. THESE TERMS MAY BE PRINTED OR
RETAINED BY YOU FOR FUTURE REFERENCE.
Services Provided and/or Performed by Third
Through your Subscription for certain Services,
you shall receive offers to install and otherwise utilize SafeOnline, a software
product that looks to protect user information and transactional data that may
be exposed during online transactions due to specific types of threats including
phishing, DNS poisoning, keystroke logging, screen grabbing, cookie scraping,
clipboard grabbing, and browser and session hijacking by malicious software
executing man-in-the-browser or man-in-the-middle attacks. SafeOnline is provided by Webroot.
Except as otherwise set forth herein, you
acknowledge that when you utilize the SafeOnline software product or on any
other third party products, services or website links provided by SaberGuard or
found on the website, such products, services and other third party materials
are not controlled by SaberGuard and SaberGuard is not responsible for such
products, services or other third party materials. SaberGuard cannot ensure that
you will be satisfied with any products or services that you purchase from a
third-party or any site that links to or from the SaberGuard website. SaberGuard strongly encourages you to
investigate all such transactions with any third parties. SaberGuard makes no warranty, express
or implied, as to such third party products, services or websites and accepts no
liability whatsoever for any errors and omissions or for any damage or injury to
persons or property arising out of the use or operation of any such products or
services or any materials, instructions, methods or ideas contained on any third
In connection with third party products and
services offered on the SaberGuard website, such third parties shall provide all
customer service associate therewith, and you should direct all questions or
concerns with such third party provider.
Accordingly, any and all customer service related to SafeOnline shall be
provided by Webroot, and not SaberGuard.
In addition, to the extent that you upgrade or purchase any additional
services not directly provided within SaberGuard Services bundles, you will be
purchasing any such upgrades or additional services form the third party
directly, and not from SaberGuard.