Terms & Conditions
EZShield Fraud Protection Services are provided by EZShield, Inc., a Delaware corporation ("EZShield"), to the registered individual or single business, who subscribes for the EZShield "Service" defined in the applicable EZShield Service Description (each such subscriber hereinafter called the "Customer"). Please read these Terms and Conditions carefully. Customer's right to use any Service is expressly subject to full compliance with these Terms and Conditions, as they may be modified from time to time. If you do not agree with these Terms and Conditions, please do not register for any Service or disclose any information to EZShield in connection with any Service.
Certain capitalized terms referenced herein have the meanings ascribed to such terms in the EZShield Common Definitions.
Description of Service
See Service Descriptions.
To the fullest extent permissible by law, except as expressly provided in the Service Descriptions, or these Terms and Conditions, EZShield makes no warranties of any kind regarding any Service, either express or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose. EZShield has priced each Service based on this limitation of liability, which is an important term of the applicable Service. In no event shall EZShield, its subcontractors or agents be liable to Customer or any third party for any incidental, indirect, consequential, exemplary, special, or punitive damages, including without limitation loss of use or lost businesses, revenue, profits, or goodwill, arising in connection with any Service or the unavailability thereof, or these Terms and Conditions, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if EZShield knew or should have known of the possibility of such damages. EZShield assumes no responsibility for the timeliness, deletion, failed delivery or failure to store any information obtained or distributed through the Services. Since EZShield and its subcontractors obtain data from third parties, such information may, or may not be, completely thorough, timely and accurate. Customer shall not rely upon EZShield for the accuracy or completeness of information supplied in using any of the Services. EACH SERVICE IS AVAILABLE ON AN "AS IS" BASIS ONLY. IN NO EVENT SHALL EZSHIELD'S LIABILITY IN CONNECTION WITH ANY SERVICE EXCEED THE AMOUNTS PAID TO EZSHIELD FOR SUCH SERVICE.
The Services are currently available only to: (i) adult individuals who reside in the United States, Canada or its territories; and (ii) companies domiciled in the United States, Canada or its territories. EZShield offers some of the Service(s) to adults who reside in the United States or its territories for the benefit of their Affiliated Persons, who may be under the age of 18.
EZShield will not be liable if it is unable to perform or deliver any part of the Services or is delayed in performing any such obligations due to failure of any of data processing systems, hardware systems, the Internet, or because of any incident, event or factor outside EZShield's reasonable control.
Neither EZShield nor its subcontractors shall be liable for any loss or injury that may arise out of its acts or omissions, whether negligent or otherwise, in obtaining, distributing, compiling, collecting, interpreting, reporting, communicating or delivering any applicable Service. Customer understands and agrees that every business decision involves assumption of a risk, and that EZShield does not underwrite that risk in any manner whatsoever.
In order to subscribe for any of the Services, Customer must provide EZShield with true, accurate, current and complete account registration information maintain and update such information on a timely basis. If Customer provides any information that is untrue, inaccurate, not current, incomplete or if EZShield determines Customer has committed fraud or other illegal acts, or failed to fully cooperate with EZShield's efforts to provide the relevant Service(s) to or on behalf of Customer, EZShield may immediately suspend or terminate Customer's account for any or all of the Services, and refuse to provide any or all of the same to Customer. Any violation of local, state, provincial or federal laws in using any of the Services may result in the immediate termination of the Service, at EZShield's sole discretion.
Additional Terms for EZShield Check Fraud Protection Program®
The Service applies only to checks drawn from the bank account identified in the Order. Advanced advocacy services apply only if the facts alleged in Customer's police report indicate that Customer has a valid request for the advanced funds under the UCC, or if Customer is domiciled in Canada, under the applicable federal and provincial laws in effect in the relevant province of Canada, and the Customer does not misrepresent such facts. If Customer is paid by EZShield for the Losses and paid a second time for the Losses by the Customer's applicable bank or financial institution, Customer shall hold the second payment as an agent for EZShield and deliver such funds to EZShield as directed by EZShield. Any Losses must arise from fraud involving a check drawn on a checking account at a bank domiciled in the United States or its territories or Canada and must be reported to law enforcement authorities as evidenced by a police report in the United States, or a bank affidavit in Canada. EZShield reserves the right to not advance funds to any Customer for any Losses incurred by Customer as a result of any Subject Check Fraud perpetrated by (i) Customer, (ii) any employee or agent of Customer and/or any other person who is a joint account holder with Customer, and (iii) any Affiliated Persons unless a police report is filed against the Affiliated Person who was the perpetrator of the Subject Check Fraud. EZShield will not advance funds to any Customer for any Losses incurred by Customer as a result of any Subject Check Fraud where: (i) Customer's failure to exercise ordinary care substantially contributed to the Subject Check Fraud; or (ii) Customer is fooled by an imposter. Due to the higher incidence of fraud against companies and the larger size of funds needed to provide the Service to businesses, fees for companies registering for the Service will be different than corresponding fees for individual Customers. EZShield reserves the right, at its sole discretion, to collect from the Customer any portion of the funds that Customer had requested in the event that Customer's bank or financial institution does not reimburse EZShield for any portion of Customer's Losses. EZShield will not be required to pay for any Losses unless Customer provides to EZShield the properly completed documentation requested by EZShield reasonably promptly and, in any event, on or before the earlier of thirty (30) days after (i) Customer discovering the Subject Check Fraud; and (ii) Customer being provided with the bank statement reflecting, or the original or a copy of the check that is the subject of the Subject Check Fraud; or the time period for which Customer's financial institution requires the reporting of check fraud.
Additional Terms for EZShield Identity Restoration, EZShield Identity Restoration® for Families, EZShield Business Identity RestorationSM, and EZShield Business Security ServicesSM
The Service does not include any effort to improve Customer's credit score or history for any items or incidents not related to the Identity Theft Event. The Service is expressly limited to the services stated in the applicable Service Description. The Service does NOT apply to any acts of copyright, trademark, service mark, patent or other intellectual property infringement/dilution or to any other events not expressly defined herein as an Identity Theft Event. EZShield will NOT provide as part of the Service any investigation regarding the scope or damages of any Identity Theft Event. EZShield will NOT as part of the Service, file any civil or criminal complaints or pleadings on behalf of Customer. EZShield will NOT reimburse Customer for any financial losses whatsoever. There is no guarantee EZShield will be successful in assisting Customer to resolving the Identity Theft Event to Customer's satisfaction. EZShield's ability to perform the Service requires Customer's cooperation. EZShield reserves the right to refuse or terminate the Service if it determines that Customer or its representatives are committing fraud or other illegal acts, making untrue statements, or failing to fully co-operate with its efforts to restore credit records. EZShield will not provide the Service if it discovers that Customer or its authorized representatives knew or had reason to know of any applicable Identity Theft Event at the time Customer registered for the Service. The Service is available only to adult individuals residing in the United States. The Service does not include credit counseling or any other service not expressly stated herein.
The following potential Identity Theft Events are NOT included in the Service:
- any Identity Theft Event for which Customer is unwilling to prosecute the person who caused Customer to suffer the fraud or its consequences;
- any dishonest, criminal, malicious, or fraudulent act in which Customer participated; or
- any pre-existing stolen identity event based on information on for which Customer had or should have had knowledge prior to registering for the Service.
Additional Terms for EZShield Identity Theft InsuranceSM
Customer is ultimately responsible for its own adherence with Red-Flag, PCI, Safe Harbor and HIPAA requirements. Customer should not and may not construe the security or breach assessment as a form of or substitute for any legal advice. The Service is expressly limited to the services stated in this Service Description. Legal requirements will vary from business to business and may change over time. EZShield expressly disclaims any implied warranties. Customer should not assume that by following the security or breach assessment it has complied with all necessary legal requirements surrounding privacy & security or any other requirements.
Additional Terms for EZShield Identity Theft InsuranceSM
Coverage does not apply to: (a) Any Identity Theft Expense not listed in the Service Description; (b) any act of theft, deceit, collusion, dishonesty, or criminal act by Customer or any person acting in concert with Customer, or by any authorized representative of Customer, whether acting alone or in collusion with Customer or others; (c) damages or losses arising from the theft or unauthorized or illegal use of a business name, d/b/a/ or any other method of identifying a business activity; (d) any lost wages due to sickness or emotional breakdown; (e) damages or losses of any type for which the credit card company, bank, creditor, etc. is legally liable; (f) Identity Theft Expenses that were incurred or commenced from a known Identity Theft incident that occurred prior to the Coverage Period; (g) damages or losses of any type resulting from fraudulent charges or withdrawal of cash from a debit or credit card or financial/bank/investment account; (h) any incident involving a loss or potential loss not notified to the police within seventy-two (72) hours from the date Customer had knowledge of the loss; (i) fees or costs associated with the use of any investigative agencies or private investigators; or (j) residents of the State of Florida. For residents of the states of New York, Ohio, Pennsylvania and Washington, coverage for any and all Identity Theft Expenses are limited to a maximum of $10,000.
Additional Terms for EZShield Vault®
Customer must fulfill all hardware and software requirements and security procedures for the Service as stated on EZShield's official web site for the Service. At certain times, the Service may not be available due to system maintenance or circumstances beyond EZShield's control. Customer support for the Service will also be available during EZShield's regular business hours. CUSTOMER IS SOLELY RESPONSIBLE FOR THE CONTENT. EZShield DOES NOT REVIEW CONTENT OR GUARANTEE IT WILL BE ABLE TO ACCESS THE CONTENT. Customer may use the Service only for lawful purposes, in compliance with all applicable laws (including, without limitation, copyright, trademark, obscenity and defamation laws). The Service is available only to individuals residing in the United States or its territories who are at least 18 years of age or older who are using the Service for personal purposes. EZShield will attempt to access the Content if legally compelled to do so. If Customer's access to its EZShield Vault should be suspended or terminated for any reason whatsoever, EZShield may permanently destroy the electronic records in Customer's EZShield Vault thirty (30) days after the date access to Customer's Vault is suspended or terminated, whichever occurs first. Any such deletion of the Content may be delayed or prevented by applicable law or legal process, and may also be delayed for a period of time because of our internal procedures.
Customer acknowledges that by storing the Content with EZShield, no fiduciary relationship is created between Customer and EZShield. Customer acknowledges and agrees that once the Content is deleted from its EZShield Vault, it will be lost to Customer and might not be retrievable by EZShield.
Additional Terms for Quarterly Credit Score
EZShield, through its providers, provides the credit scores and credit score-related information and analyses that are part of this Service. EZSHIELD AND ITS PROVIDERS, DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY CREDIT DATA, CREDIT SCORE OR OTHER SUPPLIER. You may not use the Service to obtain information about or make decisions about anyone but yourself. EZShield does not provide the Service, or any advice or assistance, including but not limited to, financial, for the purpose of improving your credit report, credit history, or credit rating. EZShield is not a credit counseling or credit repair organization. You must be eighteen years of age or older to order or use the Service. As needed to provide the Service to you, you authorize and instruct EZShield and its providers to obtain, monitor and compile your credit information from one or more credit reporting agencies and other information personal to you. The information used by the EZShield Service is derived from one or more credit reports produced by the major credit reporting agencies, also called credit bureaus. The information contained in credit reports reflects the latest information provided to and recorded by the credit bureaus. Recent activity, such as making a payment, opening a new account or authorizing a credit inquiry, may not yet be reflected in the person's credit reports. If not, this activity will not be reflected in your Credit Score. Results may change every time new information is added to or removed from credit reports, as well as with the passage of time. The Service is only as accurate as the information upon which they are based. EZShield and its providers are not responsible for incorrect, missing or outdated information in credit reports, which may lead to inaccurate results. Users should carefully review all of the information in credit reports to make sure it is accurate and up-to-date. The scores you receive as part of this Service are provided for educational purposes only to better understand how lenders may evaluate consumer creditworthiness. Lenders use many different scores and scoring methodologies to evaluate creditworthiness, and the scores you receive are not the same scores used by lenders. Nothing in this Service is an endorsement or a determination of your qualification for a loan, a change in loan terms or any other extension of credit by lenders. Each lender has specific underwriting standards, so you should not assume that you will receive the same evaluation, credit terms or conditions from each lender.
Customer agrees and understands it will not use any Service to obtain information about a person other than the registered Customer. If EZShield has reasonable grounds to suspect Customer is trying to obtain information about someone else, EZShield may suspend or terminate any Service. Customer understands and agrees not to use any Service for consumer credit purposes, consumer insurance underwriting, pre-employment purposes, tenant screening purposes, or for other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C Sec. 1681 et seq.) or similar statute. Customer must use any Service in strict compliance with the Gramm-Leach Bliley Act (U.S.C. Title 15, Chapter 94, Section 6801 et seq.) and similar state statutes, if applicable. By registering for any Service, Customer authorizes and instructs EZShield and its agents to act on Customer's behalf by accessing and using any available online searchable databases on behalf of Customer for the purpose of obtaining and gathering information about Customer for Customer's sole use and benefit and, in certain cases, to remove information about Customer from such databases. The public information that any Service obtains is delivered via the Internet by a digital dashboard that contains alert flags and nationwide public record information that is obtained from third parties as well as proprietary databases and derived information.
Customer agrees that EZShield does not provide insurance and is neither an insurance company nor an agent for an insurance company, is not a credit repair organization, is not a credit counseling service and does not promise to help Customer improve Customer's credit history or rating. Customer agrees that, unless specified in an EZShield Service, EZShield will not make payments to Customer or otherwise be liable or responsible for any loss, damage or liability Customer may incur in any way related to an Identity Theft Event (or otherwise), including, without limitation, any monetary, financial or other economic loss, theft or damage of any kind.
These Terms and Conditions and the Services shall be governed by and enforced pursuant to the laws of the State of Maryland. These Terms and Conditions and the documents referenced herein collectively serve as the sole and exclusive agreement between Customer and EZShield regarding the applicable Service(s) and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. If any provision of these Terms and Conditions is held to be invalid or otherwise unenforceable, the remainder of these terms will remain in full force and effect and will in no way be invalidated or otherwise affected.
Any dispute between Customer and EZShield relating to these Terms and Conditions, or the applicable Service(s) that cannot otherwise be resolved amicably shall be submitted to binding arbitration in Harford County, Maryland before a single arbitrator appointed by Judicial Arbitration and Mediation Service ("JAMS") (or if such entity no longer exists, then by its successor entity or a similar national organization in the United States designed to facilitate alternative dispute resolution proceedings) under the then- existing JAMS Streamlined Arbitration Rules and Procedures as applied to commercial disputes and the decision of the arbitrator shall be final and binding upon all parties.
Customer hereby agrees to indemnify EZShield, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorney's fees) arising from any third party claim relating to Customer's use of any Service or violation of any law or rights of a third party.
Customer inquiries regarding any Service should be sent as follows: via regular mail, to EZShield Sales Co, 415 Williams Court, Suites 110-116, Baltimore, Maryland 21220: Customer Service Department, via electronic mail, to email@example.com and by telephone, 1 (888) 4-EZSHIELD (1-888-439-7443) (M-F 8:00 a.m. – 8:00 p.m. EST).
CUSTOMER AND EZSHIELD EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THE SERVICE AND/OR THESE TERMS AND CONDITIONS.