ONE YOU SECURITY, LLC TERMS AND CONDITIONS AGREEMENT
THESE ARE THE TERMS AND CONDITIONS OF OUR AGREEMENT BETWEEN US ("AGREEMENT").
These terms and conditions apply to 1) all users of One You Security’s website, and 2) to your purchase of any product or service offered by One You Security. By accessing this website or by purchasing a service or product of One You Security, you agree to be bound by these terms and conditions. If you do not agree, we can not allow you to enroll or continue to use our Service. These terms and conditions may be changed, modified or updated at any time by One You Security in its sole discretion pursuant to the terms set forth herein. If you are not a customer of our Service as of the time of the changes, modifications or updates, then by accessing or using our website or Service after the posting of the changes, modifications or updates, you agree to them.
I. SERVICE, ENROLLMENT, ACCOUNT MANAGEMENT
1. Our Service ("Service"):
When you enroll in our service, it enables us to protect against the fraudulent use of your non-public personal information to obtain credit by the placement and maintaining of a continuing fraud alert on your credit accounts with the appropriate credit bureaus to ensure that new credit is not opened or accessed without your authorization and, if such fraud does occur, to restore your credit records with the credit bureaus to what they had been, excluding the fraud. As part of our service, you will also be entitled to a free credit report periodically as set forth in our enrollment information, have the ability to reduce unauthorized marketing mailings from third parties, and such other services as may be added by One You Security from time to time at its sole discretion.
(ii) We will determine whether or not to accept you as a customer and provide to you the Service. We may refuse to provide to you our Service for any reason.
(iii) LIMITED POWER OF ATTORNEY: BY ENROLLING IN THE SERVICE AND ELECTRONICALLY ACCEPTING THIS ONE YOU SECURITY, LLC TERMS AND CONDITIONS AGREEMENT, YOU HEREBY APPOINT ONE YOU SECURITY, LLC OF SARASOTA, FLORIDA AS YOUR TRUE AND LAWFUL ATTORNEY-IN-FACT TO ACT IN MY NAME, PLACE AND STEAD, WITH FULL POWER AND AUTHORITY TO DO AND PERFORM ALL AND EVERY ACT AND TO EXERCISE ALL AND EVERY RIGHT, POWER AND DISCRETION WHICH YOU MIGHT DO, PERFORM OR EXERCISE, AS IF YOU WERE PERSONALLY SO DOING, PERFORMING OR EXERCISING IN REGARD TO ENROLLMENT IN THE SERVICE AND INTERACTING WITH THE APPROPRIATE CREDIT BUREAU(S) TO PLACE AND MAINTAIN FRAUD ALERTS ON YOUR ACCOUNTS AND REQUESTING CREDIT REPORTS ON YOUR BEHALF.
This Limited Power of Attorney is a document which indicates, to the people and entities we have to work with under our Service Protection Plan, that you have given us your authorization to work on your behalf for the purposes under the Service Protection Plan and for no other purposes.
(iv) In the event that I notify One You Security that my non-public personal information is being accessed and used fraudulently, I agree, as a precondition to obtaining the remedies under the Service Protection Plan in Section 3, to cooperate in signing such power of attorney document(s) as One You Security in its sole and reasonable discretion deems necessary to implement the Service Protection Plan on my behalf. If you do not execute the Limited Power of Attorney, we cannot provide our assistance under the Service Protection Plan.
3. Our Service Protection Plan
Our Service Protection Plan is included in the fees for our Service.
A. Upon your accepted enrollment in our Service, we will take appropriate steps to place and maintain fraud alerts with the credit bureaus on your accounts.
B. If you have enrolled with us and have remained a customer in good stead and in the unlikely event that you inform us truthfully and in good faith of your belief that someone has subsequent to your enrollment accessed and used your personal identifying information without your authorization to obtain credit in your name, subject to the terms herein, we will take actions necessary to reverse the unauthorized credit if it was granted and to restore your credit standing with the credit bureaus to what it was prior to the unauthorized access. The maximum limit of expenditure on your behalf to take these actions under our Service Protection Plan is $1,000,000 (One Million Dollars) per lifetime, per member, for all incidents in the aggregate which means that for all incidents over the lifetime of your account with us, we will spend no more than $1 million total to provide the assistance set forth under our Service Protection Plan. If, in our sole determination, professional assistance is necessary to accomplish any action for you under our Service Protection Plan, we will arrange and pay for such assistance through licensed professionals in your jurisdiction. Such payments shall be applied toward the maximum limit of expenditure listed in this section. We will not pay for or reimburse fees of professionals or other service providers unless we decide they are necessary and we select them.
C. You must have a reasonable and good faith belief or actual knowledge that someone has fraudulently used or is fraudulently using your personal information to obtain credit without your authorization. You must inform us as soon as possible but in no event later than 30 days of your finding out. You agree to give your full cooperation to us or others assisting you under this Service Protection Plan. The Service Protection Plan shall NOT apply to incidents which occur before your enrollment, or during your enrollment but before your enrollment is complete, even if you find out about it after your enrollment becomes effective.
D. (i) We reserve the right to investigate the validity of your request before we do anything else. We will perform our investigation as promptly as we can. If our investigation shows that a reasonable person would conclude that your personal identifying information was used without your authorization to obtain credit while you were our customer and you have complied with all this Agreement, we will perform as described herein.
(ii) If at any time we find or it is otherwise determined that you gave us false information or you are deceptive or commit fraud upon us, or are in violation of Section 3(B) above, you agree to pay us back upon demand all amounts we have paid in connection with your claim, including any costs (including reasonable attorneys fees) of collection.
4. Payment Terms/Taxes: Payment for the Service may be made by credit or debit cards or as otherwise directed by One Your Security. You are personally responsible for any applicable state and/or federal sales or other taxes that may be associated with the purchase of our Service.
5. Renewal of Account: Your account will be automatically renewed for the same term you initially select, on the anniversary date of your enrollment. This Agreement, as may be modified, shall continue to apply upon renewal.
6. Cancellation: You may withdraw your acceptance of, or cancel, this Agreement at any time by notifying One You Security by phone or in writing. Upon notification of your withdrawal of acceptance, One You Security will cancel your Service. Any unused prepaid fee for the remainder of the term after the month in which you cancel will be refunded to you.
7. Express Authorization: By accepting these terms and conditions, you expressly authorize One You Security's authorized employees to: complete and execute on your behalf documents required to provide the Service; speak to parties on your behalf as required to provide the Service; and, act as your personal representative under 15 U.S.C. § 1681c-1, under which consumers or their authorized representatives have the right to obtain fraud alerts.
8. Notifications, or any other communications, including billing, payment, and/or disclosures will be made via your mail, telephone, or email address which has been provided to us by you.
II. INFORMATION HANDLING
10. Provision of Information To Others: In order to fulfill our Service, One You Security must provide your non-public personal information with certain third parties such as TransUnion, Experian or Equifax, or another credit bureau as may become appropriate. You agree that One You Security may provide your information to these third parties. Therefore, you waive any and all claims against One You Security for the acts and omissions of these companies with regard to the use or disclosure of such information. However, during the term of this Agreement and provided you are a customer in good standing, One You Security will be responsible for any resulting failures that arise from any misuse of your information whether or not attributable to acts of such third parties to the extent covered by the terms set forth in Section 3 above.
11. Trademarks, Copyrights and Restrictions: Except as otherwise provided, One You Security owns all content contained in its website and in its promotional materials, including without limitation the information, One You Security copyrights and trademarks, materials, text, graphics, website design, and the selection, assembly and arrangement thereof ("Content"). The Content is protected by copyright and other laws of the U.S. and other countries and may not be used for any commercial purpose or copied, distributed, displayed, modified, reproduced, performed, published, posted or reverse engineered in whole or in part without the prior written permission of One You Security. All promotional materials are deemed copyrighted by One You Security unless otherwise specified. All other product names and company logos found on the website or promotional materials are the trademarks of their respective owners. All promotional materials are protected by copyrights, which are owned or licensed by One You Security. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content or any other One You Security information without the express, written consent of One You Security.
III. WARRANTIES, LIABILITY AND REMEDIES
12. Disclaimer of Warranties: YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, INFORMATION AND PRODUCTS OR SERVICES OFFERED BY ONE YOU SECURITY AND OTHERS THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR IMPLIED PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES IN CERTAIN TYPES OF AGREEMENTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability: OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IN NO EVENT WILL ONE YOU SECURITY OR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO LICENSORS) BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ONE YOU SECURITY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT DAMAGES ARE AWARDED TO YOU, SUCH DAMAGES SHALL NOT EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY YOU TO ONE YOU SECURITY IN THE TWELVE MONTHS PRIOR TO THE OCCURRENCE OF THE CAUSE OF ACTION FOR WHICH THE DAMAGES ARE AWARDED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. One You Security assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to One You Security's website. One You Security will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, or any other similar event beyond the reasonable commercial control of One You Security.
14. Governing Law: This Agreement and any Service provided hereunder will be governed by the laws of the state of Delaware, without regard to its conflict of laws provisions and, where applicable, to be governed by the federal laws of the United States. Subject to paragraph 14 (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of Delaware for any dispute or litigation arising out of, or relating to, the use or purchase of any Service from One You Security, and waive any objection to the venue of any such litigation in Delaware courts and agree not to claim that such litigation brought therein has been brought in an inconvenient forum.
15. Indemnification: You agree to indemnify, defend and hold One You Security and any of its affiliates and all of their agents, directors, employees, information or service providers and licensors and licensees harmless from and against any and all liability, losses, damages 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 this Agreement. In the event that either (a) you are the subject of claims for which you properly seek damages from us under these terms and conditions, 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.
IV. AGREEMENTS AND ASSENTS
16. You agree that you are only providing only your own personal information. You agree that the information you provide during the enrollment process and any subsequent information you provide to One You Security will be true, accurate, and current and that you will promptly provide any changes to the information. In addition, you agree that you will not purposely engage in behavior that will put your personal information at unnecessary risk, such as leaving your PIN or passwords in obvious places or publishing your Social Security Number. You agree to comply with all applicable laws and regulations and that you are buying the Service for your own use only. You agree that you are eighteen (18) years of age or older. You agree to pay us the fee we publish for our Service, less any discounts to which you may be entitled by agreement.
17. YOU AND ONE YOU SECURITY HAVE ENTERED INTO THIS AGREEMENT INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THE AGREEMENT. BY ACCEPTING ONE YOU SECURITY'S SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT. IN THE FUTURE, YOU AGREE TO BE BOUND TO THESE SPECIFIC TERMS AND CONDITIONS, AND MODIFICATIONS TO THIS AGREEMENT, BY CONTINUING TO USE OUR SERVICE AFTER WE HAVE NOTIFIED YOU OF THOSE TERMS AND CONDITIONS.
18. Miscellaneous: This Agreement may not be altered, supplemented, or amended by you by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for the Service which is subject to additional or altered terms and conditions will be null and void, unless agreed to in writing and signed by you and One You Security. This Agreement may not be assigned by you without the prior express written consent of One You Security. The section headings used herein are for convenience of reference only and do not form a part of this Agreement, and no construction or inference will be derived therefrom. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision. Any action against One You Security, its officers, directors, employees, agents, licensors, suppliers, affiliates, partners, and any third party providers of information or services to the Website must be brought within six (6) months after the cause of action arises. Any rights not expressly granted herein are reserved.
19. Force Majeure. One You Security shall not be deemed to be in default, or be liable to you for any delay or failure to perform, which is the direct result of a cause beyond our control and without the fault or negligence of One You Security, provided we (i) promptly notify you of the event causing such delay or failure and describe in such notice the effects of such cause and its actual or expected duration and (ii) use our best efforts to mitigate such effects.
20. Change of Terms: We may revise the terms of this Agreement at any time on a going-forward basis only. We will notify you of any changes pursuant to Section 8. If you do not contact One You Security and express your objection to our changes within thirty (30) days of receiving this notice, you shall be deemed a continuing use customer and agree to be bound by any such revisions. If you do not accept the changes, One You Security reserves the right, at our sole discretion, to terminate the Service to you upon thirty (30) days prior written notice and refund any unused prepaid fees. If you are not a customer, then by accessing or using our website after the posting of the changes, modifications or updates, you agree to them.
In addition, if you fail to comply with any of these terms and conditions, we may at any time terminate the Service to you and your rights under this agreement at our sole discretion and without prior notice.
However, we will remain responsible for claims by you under our Service Protection Plan that arise prior to any termination by us of the Service Protection Plan.
21. Entire Agreement: This is the entire agreement between us parties on the subject matter hereof and supersedes and replaces any prior negotiations, understandings or agreements on such subject matter. When using or purchasing the One You Security Service, you agree to be bound by these terms and conditions.
Revised March 8, 2008
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