LAST UPDATED: August 2019
This End User Services Agreement (this “Agreement”) is between Core ID Services, LLC (“Core ID”) and the individual whose identity will be protected or repaired by means of the Core ID Identity Protection Services (“you”).
The person who accepts this Agreement represents and warrants to Core ID that he or she is either the individual whose identity will be protected or repaired by means of the services or is authorized by that individual to accept this Agreement on that individual’s behalf.
If the individual whose identity will be protected or repaired is under the age of eighteen (18), please see Section 12 (Identity Protection Services for Children) below.
Core ID offers different types of identity protection and identity repair services. Some services are offered on a subscription basis and require advance enrollment or registration, and some services are offered on demand, without advance enrollment required. The features of the different services are described on the Core ID website/portal (the “Site”). The terms and conditions applicable to the enrollment-based services are stated in this Agreement.
To enroll in a Core ID service, you must follow the instructions for enrollment on the Core ID Site. If you have been provided with a promotion code for a free or discounted service, you must enter the code as part of your enrollment. If you select a service that has not been fully paid on your behalf, you will be required to enter payment billing information as part of your enrollment. Depending on the service you select, you may have the option to activate certain service features by following the directions on the Site. The fee for those services are the same, whether or not you choose to activate the optional features.
Sponsored Services – If the services provided to you have been paid for by a sponsoring organization, then the service will terminate at the end of the sponsored term, unless you elect to renew personally. Core ID will notify you prior to your sponsored services ending.
Paid Services – The initial service term begins on the date that enrollment is completed and continues for that number of months stated on the Site or in the service offer communicated to you. If you have paid for the service yourself, then the service will automatically renew at the end of the initial service term on a month-to-month basis until you contact Core ID to cancel your protection services.
Direct purchase – If you purchased coverage directly through our online resources or by phone, you may cancel your subscription to any or all services at any time by calling us at (855) 262-7612 and informing us of your decision. Cancellation will be effective immediately. If you prepaid for more than one (1) month of service, you will receive a pro rata refund when you cancel. A yearly subscription requires a three (3) month minimum payment so the pro rata amount will be based on nine (9) months remaining unless the cancellation occurs within the first three (3) months at which the entire 9 months will be refunded.
Sponsored Coverage – If coverage was purchased through a sponsored benefit plan may only be cancelled through the sponsored party in writing to Core ID. Group cancellations are bound by the terms of that group coverage with Core ID.
Cancellation by Core ID – (a) Core ID may cancel services at any time upon written notice to you. On cancellation, Core ID will refund any fees you may have prepaid for the remaining unused calendar months of your service term to the payment method used to purchase the service. (b) In the event that your sponsoring organization fails to pay Core ID for your services, Core ID may cancel services at any time upon written notice to you.
If you move or upgrade to a new service, you will forfeit any remaining entitlement in your previous service. The foregoing applies only to actions taken by you in connection with your service. In the event that Core ID adds new or upgraded functionality to the products or services you currently receive, your current service entitlement will not be impacted.
You agree that Core ID’s liability to you in connection with any legal claim you may have against it in connection with the services or this Agreement is limited as described in this Section, except to the extent these limitations are prohibited by applicable law. You acknowledge that Core ID has set its fees in reliance on your agreement to these limitations of liability. Core ID is not responsible to you for any indirect, special, incidental, punitive, or consequential loss or damage of any kind arising in connection with this Agreement or the services. The maximum liability of Core ID to you in connection with the services and this Agreement for other types of damages is a refund of fees paid by you for the services you selected. You agree that this limitation applies to any claim you might have against Core ID under any theory – contract, tort, commercial code, strict liability or otherwise, even if a limited remedy fails of its essential purpose.
Either party to this Agreement (Core ID or you) may terminate this Agreement for breach if the other party is in material violation of this Agreement and fails to cure the violation within ten (10) days of the party’s written notice describing the breach in reasonable detail, or if the other party provides or uses the services (as applicable) in violation of applicable law. In addition, Core ID may suspend performance of the services if you have failed to timely pay the fees for the services or are otherwise in breach of the Agreement. If Core ID suspends the services under this Section, it will reinstate the services when you have remedied the violation, unless it terminates the agreement prior to that time. If suspension is due to late payment, Core ID may require you to prepay the fees for the entire subscription as a condition to reinstating the services. If Core ID terminates the Agreement for your breach, it is not obligated to refund any fees you may have prepaid for the services.
Core ID’s services techniques, processes, fees, and client- or subscriber-related information are confidential or proprietary information. You may not use or disclose that information for any purpose other than as necessary to use the Core ID services for the repair or protection of your identity. If you give Core ID feedback on its services, you license the feedback and any related intellectual property to Core ID on a perpetual, non-exclusive, irrevocable, fully paid basis, to use, modify, distribute, and commercially exploit without restriction or obligation to account to you. Except as expressly stated otherwise in this Agreement, each party retains all right, title and interest in and to its intellectual property. You may not reverse engineer, decompile, disassemble or take like action with respect to the services or any Core ID technology except to the extent such activity is permitted by applicable law notwithstanding this limitation, and then only on advance written notice to Core ID of at least thirty (30) days.
Notwithstanding anything to the contrary above, if the individual whose identity is to be protected or repaired by means of the services is under the age of eighteen (18) (a “Child”), then the person who enrolls the Child represents and warrants that he or she is the individual’s parent or guardian with authority to enroll the Child and provide the Child’s personally identifiable data. The references to “you” in this Agreement should be interpreted to refer to the Child or the authorized parent or guardian, as appropriate to the context.
This Agreement is governed by the laws of the State of Georgia and the United States of America, as applicable, excluding any law that would require the laws of a different jurisdiction be applied.
The following dispute resolution process applies solely to disputes which may arise between you and Core ID and does not interfere with your ability to bring class, collective, or other legal actions against the sponsor organization or any other party. Each party to this Agreement (you and Core ID) agree that any dispute related to the Services or this Agreement shall be submitted to binding arbitration in Atlanta, Georgia. The arbitration shall be conducted by one arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration will be conducted in person unless each of us agrees to a telephonic or written submissions procedure. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement, or to enforce or vacate an arbitration award. You waive any right to a trial by jury and agree that disputes will be resolved through arbitration. No claim subject to this provision may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant. Each party agrees not to bring a claim related to the Services or this Agreement more than two years after the time that the claim accrued. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
You agree that Core ID may use your address entered as part of our enrollment for the purposes of any legal or other notices that it is required or permitted to give you in connection with the services or this Agreement. Core ID may assign this Agreement and may use subcontractors to perform its obligations under this Agreement. Core ID is responsible to you for the actions of its subcontractors to the same extent as if those actions were by Core ID. Core ID is excused from any delay in providing the services to the extent the delay is reasonable due to any event beyond its control, such as a general failure of telecommunications networks, acts of God, or other “force majeure” events. The Section captions in this Agreement are for convenience only; they are not part of this Agreement and may not be used to interpret the terms of this Agreement. Nouns stated in the singular shall imply the plural as indicated by the context, and pronouns that are gender specific shall be read to refer to either gender. In the event one or more of the terms of this Agreement are adjudicated invalid, illegal, or unenforceable, the adjudicating body may either interpret this Agreement as if such terms had not been included, or may reform such terms to the limited extent necessary to make them valid, legal or enforceable, consistent with the economic and legal incentives underlying the Agreement.
This Agreement is the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces in its entirety any prior or contemporaneous agreement or understanding regarding the subject matter of this Agreement, written or oral. Core ID may change this Agreement as necessary, and when we do will post the Last Updated date on this Site so you will always be aware when changes are made. In the event that a change or update is material to how you access or use the service, Core ID will make reasonable efforts to contact you regarding the change or update. Your continued use of the service will be considered acceptance of the modified terms.