Terms and Conditions

These benefits are provided by your as part of the program.

These terms and conditions are provided by Consumer Assist Network Association, Inc. (CANA), which is the provider of ID Fraud Solutions , to the individual specified on the enclosed membership materials (Covered Member, You, or Your). CANA is a protective provider for membership services and offers various programs that range from home protection plans to reward memberships.

Please read this information carefully and keep the enclosed materials in a safe place for future reference relating to your benefits. If you have any questions, please call our Membership Services Center at +1.866.632.5335 .

I. DESCRIPTION OF SERVICE

As a member of ID Fraud Solutions , you are entitled to receive the benefits, services or products (Benefits) outlined in the enclosed materials. CANA reserves the right to change or modify the benefits and the terms and conditions at any time without notice.

II. GENERAL DEFINITIONS, LIMITATIONS, EXCLUSIONS, AND BENEFIT DESCRIPTIONS

A. GENERAL DEFINITIONS

• “Covered Member” is defined as any person age 18 or older, who is actively enrolled in the Program. Covered Members include the Primary Member and their spouse or Domestic Partner; children under the age of 21 who live with the primary Covered Member; and all children under the age of 25 who live with the Covered Member and are full-time students.
• “Domestic Partner” is defined as any person living in a domestic partnership with a Covered Member, not related by blood or marriage, regardless of sex, who are of legal adult age in their state of residence.
• “You” and “Your” shall mean “Covered Member”, in the context of these Terms and Conditions.
• Coverage starts on the effective date indicated on the cover letter.
• Membership is provided by your and is automatically renewed unless cancelled by your or if you are no longer a customer of your .
• Any identity thefts or incidents discovered by the Covered Member prior to service effective date are not eligible for this service.
• The services of are available in the United States and its territories only. reserves the right to add additional countries and/or territories at its own discretion.
• cannot be held responsible for failure to provide or for delay in providing services when such failure or delay is caused by conditions beyond its control.
• ID Recovery Services will not apply if the identity theft is the result of a dishonest, criminal, malicious, or fraudulent act by the Covered Member, their spouse, their life partner, or their child.
• ID Recovery Services do not cover financial losses of any kind arising from the identity theft.

B. CREDIT REPORT ASSISTANCE

Credit Report Assistance provides the Covered Member with assistance in gaining access to his/her authorized free copies of his/her credit report from the three credit bureaus based on his/her state of residence and in accordance with the guidelines of the annual free credit report program. The Covered Member will have the option to receive notifications when it is time to request a credit report. The availability of free credit reports is limited to the number approved by your state under the annual free credit report program.

C. LIVE RESTORATION SERVICES

In cases where an identity theft does occur, a dedicated ID Recovery Specialist will manage your identity theft investigation from start to finish, filing necessary documents and providing ongoing personalized support until the case is resolved. The ID Recovery Specialist will document all known identity thefts that have occurred and provide you with an ID Recovery Kit, ready for signatures and notarizations. It will be delivered by secure overnight service and will include a limited power of attorney and accompanying documents. Once the ID Recovery Kit is returned to us, the contents will be distributed to relevant agencies and/or organizations. Your ID Recovery Specialist will notify you when your restoration is complete.

• Legal Remedy: Any Stolen Identity Event where the victim is unwilling to prosecute the person who caused the victim to suffer the fraud or its consequences.
• Dishonest Acts: Any dishonest, criminal, malicious or fraudulent acts, if the Member(s) that suffered the fraud personally participated in, directed or had knowledge of such acts.
• Financial Loss: Membership Services do not cover any financial losses attributed to the Stolen Identity Event, including but not limited to, money stolen from a wallet, unauthorized purchases of retail goods or services online, by phone, mail or direct.
• Pre-existing Stolen Identity Event Limitations: If the victim either had knowledge of, or reasonably should have had knowledge of, the pre-existing stolen identity event based on information provided to them prior to enrollment in the program.
• Business: A covered stolen identity event does not include the theft or unauthorized or illegal use of the Covered Member’s business name, DBA or any other method of identifying their business activity.
• Minors: Minors are fundamentally excluded given that (a) credit repositories do not knowingly maintain credit files on minor children, and (b) minor children are unable to execute the Limited Power of Attorney (LPoA) required for certain processes as described herein.

D. EMERGENCY PREPARATION KIT

The Emergency Preparation Kit will be accessible in both English and Spanish to the Covered Member upon enrollment once they login to their Member Site and will allow the Covered Member to record all non-public information as it pertains to his/her personal documents and financial information. Recording information within the Emergency Preparation Kit will allow the Covered Member to quickly obtain non-public information in the event it is needed. This will ensure ease of access and document replacement in the event of a loss, theft or disaster. For security, the kit should be stored in a safety deposit box, or with your family attorney or CPA.

E. DOCUMENT RECOVERY

Document Recovery provides personalized replacement assistance if the Covered Member’s personal documents are stolen or lost due to fire, flood, or other natural disasters. This benefit is not limited to identity theft occurrences and can be used at any time. An ID Recovery Specialist will contact the Covered Member to ascertain the severity of the event and begin the notification and recovery process. They will help to identify missing documents, contact the creditor/bank or agency in question over the phone, cancel any affected cards, and take other additional steps necessary to recover documents. In most cases, the assigned ID Recovery Specialist can provide the forms necessary to obtain replacement documents on your own, or they can replace your documents on your behalf with your consent. If documents were stolen, they can file a fraud affidavit and police report, upon your request. The Covered Member is responsible for fees imposed by banks/creditors or state or federal agencies.

F. IDENTITY THEFT EDUCATION CENTER

The Identity Theft Education Center gives you access to a credit education portal with information and advice on how to avoid identity theft. The Identity Theft Education Center is accessible via the link on the home page of this website.

III. USE OF MEMBERSHIP

Your membership is nontransferable and may be used only by the member.

IV. LIMITATION OF LIABILITY

OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CANA NOR ITS AFFILIATES OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIP, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIP, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, CANA AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIP, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER CANA NOR ITS AFFILIATES OR SUPPLIERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIP, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE ABOVE, IF LIABILITY IS IMPOSED UPON CANA, THEN YOU AGREE THAT CANA´S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM CANA’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CANA FOR THE PRODUCT(S) YOU PURCHASE FROM CANA.

V. GOVERNING LAW

This agreement shall be governed by Florida law. The parties agree to submit to the personal and subject matter jurisdiction of the applicable court of Miami-Dade County, Florida.

VI. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are null and void. If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved. You represent that you have read this Agreement and CANA's Privacy Policy (accessible by visiting assurantredflag.com), understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Site and your membership, CANA has relied on your agreement to be bound by the terms of this Agreement.

VII. ARBITRATION

Any dispute arising between you and CANA will be submitted to arbitration in Miami, Florida, in accordance with the rules of the American Arbitration Association.

VIII. AVAILABILITY

This product is available in all states.

Effective February 22, 2010