The Customer (“You”) understands that, in order to comply with state and federal law,keepmyids.com (via Identity Enterprises, LLC)(“Us or We”) may hire an attorney on Your behalf (hereinafter “outside counsel”) and have them represent You to act as Your personal representative for a very limited purpose, which is explained in more detail in that attorney’s representation letter, included in this sign-up process. You have no objection to this action and hereby expressly agree to it. You represent that You have read, or will read before signing, this legal agreement in its entirety and give Your electronic signature to show that You have not only read it, but agree to the terms and conditions of that legal agreement. In addition, if you signed up via email, call center, or any other method You understand that You are required to input your personal information (PI) in full into the website (www.keepmyids.com) in order for the service to begin. You understand You will be charged starting on the date You gave your first payment — regardless of the date upon which you input your PI. You understand charges will be assessed and You are a monthly member and You agree You will be charged regardless of when or if you put in your PI. You further understand the PI is required to give you the full service. Your delay or failure to input your PI is not a basis for any type of refund.

At this time there is one federal case that suggests that personal or attorney representation may be required in order for You to receive continuing fraud alerts, credit freezes, extended credit freezes, mail opt-out, do not call registry, and annual credit reports (hereinafter “fraud alerts and similar protections”). As a result and in order to comply with all federal and state law, We hire outside counsel (at NO additional cost to You) to represent You (not Us) for that limited purpose (as outlined in the attorney representation letter). We will make a recommendation to outside counsel what protections We believe You need based on Your sign up answers and these terms and conditions. Outside counsel will act as Your personal representative to put those in place (only as specifically described in the attorney representation letter). Outside counsel is not affiliated with Us and will offer limited, independent legal advice. Outside counsel may accept or reject Our recommendations and will provide reasonable and competent legal services as set forth in the attorney representation letter.

You are representing to Us and outside counsel that You believe Your credit is at risk and You are a target for identity theft and would like Us or outside counsel to send/request that fraud alerts and similar protections be put on Your account every 90 days until You believe the risk is no longer present. You must notify Us and outside counsel in writing if You believe the risk is no longer present so that the fraud alerts and similar protections are discontinued. You would also like Us or outside counsel to order credit reports from each credit agency every year. You are asking Us or outside counsel to represent You for this very limited purpose and act on Your behalf under the Fair and Accurate Credit Transactions Act of 2003; 15 U.S.C. § 1681c-1. You are making this specific representation to Us:

“I am making a good faith assertion that I suspect my identity has been stolen or that I am about to become a victim of fraud or a related crime, including identity theft. I have directed keepmyids.com and outside counsel to be my personal representative and place a continuing fraud alert, extended fraud alert, or freeze (whatever they see fit) on my credit record and order my credit reports every year.”

NOTICES:

You understand and agree that by submitting Your order for this Keepmyids.com service, You are providing Us “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for Us or outside counsel to obtain information from Your personal credit profile from the three major credit bureaus/or any other credit reporting company and to obtain information from the personal credit profile, if any, of any minor child You have enrolled (“credit files”).

You authorize Us or outside counsel to access Your credit profiles. You want Us to do this to verify Your identity and to advise outside counsel what protections We believe are necessary for Your accounts. You also authorize Us or outside counsel to perform other functions related to providing the service that You have ordered.

COPYRIGHT. THIS SITE CONTAINS COPYRIGHTED MATERIAL AND ANY
INFORMATION THAT YOU RETRIEVE IS COPYRIGHTED BY US. YOU MAY NOT
REMOVE, TAKE, ANYTHING ON THIS SITE. WE RETAIN OWNERSHIP OF ALL
INTELLECTUAL PROPERTY RIGHTS. THAT INCLUDES LOGOS, VIDEO, MATERIALS, TEXT, GRAPHICS, AND IMAGES. IT MAY NOT BE COPIED, DISTRIBUTED, REPRODUCED, OR REVERSE ENGINEERED IN WHOLE OR IN PART WITHOUT OUR PRIOR WRITTEN PERMISSION.

WE ARE NOT A NOT A CREDIT REPAIR SERVICE. The FCRA permits consumers to
dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. We are not a credit repair company. None of the services available via this website are a Credit Repair Clinic/Service. We do not clean up or correct Your credit score, record, rating or history. We do not give advice or assistance on these issues.

INDEMNIFICATION. You will indemnify and hold Us and the Affiliated Persons harmless from and against actual loss, costs, liabilities and expenses (including reasonable attorneys’ fees) resulting from Your breach of this Agreement, Your use of this Site OR any information We provide You on this Site or provided by Us, or Your infringement of any intellectual property or other right of any person/entity associated with keepmyids.com.

NO CREDIT COUNSELING. We Do Not Provide Credit Counseling, or Financial or Debt Management Advice or Services.

YOUR USE OF AND ACCESS TO THE WEBSITE IS SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF, USE OF, AND/OR ACCESS TO THE WEBSITE AND THE PROTECTION SERVICE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS. YOU MUST PROVIDE TRUE, ACCURATE, AND COMPLETE INFORMATION ABOUT YOURSELF. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IF WE OR ANOTHER PARTY SUSPEND OR TERMINATE YOUR ORDER. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER OR USE THE WEBSITE OR THE SERVICE FROM KEEPMYIDS.COM.

THE FOLLOWING IS STANDARD BOILERPLATE LANGUAGE CONTAINED IN MOST ARBITRATION AND DISPUTE RESOLUTION CLAUSES. PLEASE READ IT CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT ANY AND ALL CLAIMS OR DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR THAT REPLACES THE RIGHT TO GO TO COURT AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT ALSO PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE.

Binding Arbitration. Arbitration is mandatory. Either You or We (Company) will, without the other’s consent, elect mandatory, binding arbitration of any Claim (as defined below) raised by either You or the Company against the other. As used in this arbitration provision, the term “Claim” or “Claims” means any claim, dispute, or controversy between You and the Company regarding any aspect of Your relationship with the Company, including but not limited to any Claim arising from these Terms of Use or arising from Your use of the Products or this Site or any information You receive from the Company, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory regardless of what remedy is sought. Additionally, for purposes of this arbitration provision “the Company” or “We” will
include the Company’s Suppliers, parents, subsidiaries, affiliates, successors, assigns, employees, agents, and any third party providing products, services, or benefits in connection with a Product provided to You. The term “Claim” shall have the broadest possible construction.

If You or We elect arbitration, the arbitration will be conducted as an individual arbitration. Neither You nor We consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit Your Claims to arbitration, You will be forfeiting Your right to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed.

Right to Opt Out of the Arbitration Provision. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION, YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION. You must notify Us in writing within 30 days of the date that You first accept these Terms of Use on the Site (for Products purchased from Us on the Site). Any opt-out received after the opt-out deadline set forth above will not be valid and You must pursue Your Claim in arbitration or small claims court. We have the right to refuse service to anyone.

Initiation of Arbitration. The party filing a Claim in arbitration must select either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”) to administer the arbitration. The arbitration organization that is selected will apply its rules, codes, or procedures in effect at the time the arbitration is filed, unless any portion of those rules, codes, or procedures is inconsistent with any specific terms of this arbitration provision or these Terms of Use, in which case the terms of this arbitration provision and these Terms of Use will govern. These rules and procedures may limit the amount of discovery available to You or Us.

Arbitration Procedures. The arbitration shall be before a single arbitrator in Dallas, Texas. The arbitrator will apply applicable substantive law, including the applicable statute of limitations, and will honor claims of privilege recognized at law. The arbitrator will have the power to award to a party any damages provided for under applicable law, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.

This agreement to arbitrate involves interstate commerce and is made pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16 (the “FAA”). Any claim or dispute as to the enforceability of this arbitration provision’s restrictions on Your right to participate in or pursue a class action or class wide arbitration shall be decided by a court and not an arbitrator, and shall be brought only in a United States District Court located in Texas.

Payment of Arbitration Fees and Costs. Each party is responsible for their own fees and costs. In the event You file a Claim in arbitration, then the arbitrator shall have the authority to require that You reimburse Us for the fees and costs, but only to the extent such fees and costs would be recoverable in a judicial action. If You prevail in the arbitration of any Claim against Us, then You will not be required to reimburse Us for any fees paid to the arbitration organization in connection with the arbitration. We are not responsible for Your fees (attorney or otherwise) and costs at any time. You are responsible for all other fees and costs including attorney’s fees and expert witness fees irrespective of the outcome of the arbitration proceeding.

Continuation. This arbitration provision shall survive: (i) the termination or changes in the Terms of Use or the relationship between You and Us, including but not limited to the purchase of a new or additional Product by You; and (ii) the termination or changes in Our providing any Product(s) to You.

You AGREE that the provisions, disclosures, and disclaimers set forth in this Agreement are fair and reasonable and You agree to follow and be bound by them. It is not the result of fraud, duress or undue influence. To the extent permissible by law, You waive any and all claims based on fraud or on a consumer protection act or law (such as the Texas DTPA). You agree that this is not intended to and does not confer any rights on any persons other than Us and You and the third party beneficiaries We referenced.

NO GUARANTEE. Contrary to advertisements by other companies, there is no 100% guarantee that Your identity will never be stolen. That is false. There is always a chance Your identity can be stolen. In addition, Internet communication/Our service may not perform as intended despite Our efforts. This could be due to forces of nature, Your particular Internet service, and user error. We do not guarantee uninterrupted or error-free operation of Our Site. It is possible that a third party could gain unauthorized access to the information that is transmitted including Your personal information. We will do everything to avoid this as it is the cornerstone of Our business. But breaches can and do occur in any company. If there is a system error, and You notify Us, We will try to correct it. You will not be entitled to any money for any system error of any type.

CERTAIN HYPERLINKS. This Site contains hyperlinks. We are not responsible for other
companies’ additional terms and conditions that apply. You agree to be responsible for those. We have no responsibility with respect to those.

APPLICABLE LAW. These Terms of Use and their enforcement shall be governed by the laws of the state of Delaware, without regard to conflict of law principles, Federal law, including the FAA, shall govern the arbitrability of all Claims between You and Us described above, including any and all claims or disputes concerning the validity, construction, and performance of the arbitration provisions.

No Website Warranties

You understand that to receive the “identity theft recovery” policy, any financial recovery, or a dedicated representative to help You remedy the effects of ID theft, You must be signed up for the add-on service of 100% Recovery Services (i.e., the $19.95/month plan).  Otherwise You are NOT covered for any monetary losses at all.  If You are a member of the lower level plan (i.e., $11/month or less) plan You will NOT receive this additional service and no monetary losses will be covered.  The information and services, including, without limitation, the information and services contained in the 100% Recovery Services provided by keepmyIDs.com are provided “as is” without warranty of any kind to the participant or any third party, including, but not limited to, any express or implied warranties of merchantability, fitness for a particular purpose or accuracy of the informational content.  keepmyIDs.com makes no representation as to the accuracy, timeliness, or completeness of this website’s material.  We may change the information, terms and conditions, and any legal agreements, including the representation agreement between You and Us, if any, or a third party, from time to time or otherwise change the information contained in this website without notice, and You agree that any such modification or change shall not be deemed a waiver of these limitations. We disclaim any duty to update the information contained on this website.  We shall not be liable to participants or any third party for loss of profits, loss of use, interruption of business, or any direct, indirect, incidental, or consequential damages of any kind arising out of or in connection to this website.  We are not responsible for the content of any websites to which this website provides links.

Indemnification

You agree that You shall indemnify, hold harmless, and defend keepmyIDs.com, its officers, directors, employees, third-party providers, and agents against any disputes, claims, or damages of any nature brought by You or by any other individual or entity resulting from, or in any way involving, Your use of this site.

YOUR COMMITMENTS

As a customer You understand that credit agencies commonly do change their policies.  As a result such things as credit reports, fraud alerts, credit freezes, extended fraud alerts, etc. have requirements that often change.  As a result you AGREE that you will send us the documentation required for us to complete our services to you.  For example, credit agencies now require that you send in additional proof of who you are, in order to get your credit report. Thus, they require you to send in a copy of two items (one from each category):

Category 1: IDENTIFICATION (send one) a copy of:

1) Social Security Card or 2) Pay Stub with U.S. Social Security Number or 3) W2 From

Category 2: ADDRESS (send one) a copy of:

1) Driver’s License or 2) Rental lease agreement/house deed or 3) Pay stub with address or Utlity Bill (gas, electric, water, cable residential telephone bills)

Given the recent change you have two choices:

(#1) We can do it for you. BUT in order to do that please email a copy of the two items to support@keepmyids.com. We will keep those on file (as we already house and protect your personal information). We will use those to ensure that your credit reports are ordered every four months — so you never have to deal with this agency letter again.

(#2) If you feel more comfortable sending it in yourself, you certainly can. We will continue to ensure the requests are made every four months and each credit agency will send you a reminder letter requesting the information above.  You WILL NOT receive a credit report until you provide the required information.  

Entire Agreement/Modification

These Terms and Conditions constitute the entire agreement between Us and You with respect to Your use of this website. This agreement supersedes any and all other agreements, either written or oral, between You and Us with respect thereto.  As We are allowed to make modifications, the Terms and Conditions in effect at the time of the participant’s use of this website shall govern such use.  IN ORDER TO CANCEL, we must receive your cancellation in writing mailed to our PO Box.  Emails will not be accepted unless an exception is made by management.

The Effective date is September 1, 2012.