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or terminated by SaberGuard, or until you or SaberGuard validly terminate your Subscription or your payment method is no longer valid.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.
Activation Codes
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.
Subscriber Obligations
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 activities.
Subscription Fees
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.
SaberGuard 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.
Proprietary Rights
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 PARTICULAR PURPOSE.
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 matters;
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 police report;
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 jurisdictions.
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:
FraudStop Identity Monitoring, which includes internet and data base searches for your personal information to attempt to identify unauthorized use of such information;
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.
In 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:
(i) Point-of-sale transfers;
(ii) Automated teller machine transfers;
(iii) Direct deposits or withdrawals of funds;
(iv) Transfers initiated by telephone; and
(v) 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 at 1(866)-665-3217.
General
Entire Agreement
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.
Indemnification
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 written consent.
Governing Law
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 breach thereof.
Arbitration
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.
Subscriber Covenants
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 CHANGED.
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.
Agreement Assent
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 Parties
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 party websites.
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.