MasqMe Terms and Conditions Agreement
THESE ARE THE TERMS OF OUR AGREEMENT WITH EACH OTHER. WHILE WE TRIED TO MAKE IT NOT TOO FULL OF LEGALESE, ALL OF IT IS IMPORTANT SO TAKE A FEW MOMENTS TO READ IT. BY ENROLLING FOR MasqMe'S SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.
This Terms and Conditions Agreement ("Agreement") identifies what you can expect from MasqMe, ("MasqMe") and what MasqMe expects from you. These terms and conditions apply to your purchase of any service offered by MasqMe.
You must have a United States Social Security number, and primary address and telephone number in the 50 states and U.S. territories in order to enroll for MasqMe and receive the following services.
If you do not agree, we cannot allow you to enroll or continue to use our service.
1. Description of our Services ("Services"):
A. For adult members, we will:
(i) implement and provide you with a variety of services, which may be supplemented, improved or removed from time to time, designed to protect your personal information and to protect you against fraud associated with identity theft;
(ii) request that major consumer reporting agencies as may become appropriate, place fraud alerts on your consumer reports to the extent permitted by the Fair Credit Reporting Act, 15 U.S.C. § 1681c-1. You will provide up to two telephone numbers in order to contact you with any notifications, or verifications. While you are a member, we will attempt to renew these alerts as often as required to keep them active until such time that you notify us that you no longer have a good faith suspicion that you have been or are about to become a victim of fraud or related crime, including identity theft; for added fees, provide the services to place and lift security freezes on your Social Security Number with each credit agency (Equifax[TM], Experian[TM] and TransUnion[TM]);
(iii) request, to the extent permitted by 15 U.S.C § 1681b (e), that your name be removed from pre-approved credit card mailing lists;
(iv) allow you to request that your name be removed from junk-mail lists by using the opt-out options established by the Direct Marketing Association;
(v) upon enrollment, provide a link to Annual Credit Report (annualcreditreport.com) through the MasqMe control panel where we suggest that you monitor your credit reports with Equifax[TM], Experian[TM] and TransUnion on an annual basis, as permitted by 15 U.S.C. § 1681j(a); and
(vi) through patent-pending services such as the Identity Masquerade[TM] and the MasqMe Personal Security Patch[TM], provide a secure online system enabling you to generate personal identity disguises that member merchants can use to check your credit history with Equifax[TM], Experian[TM] and TransUnion[TM] through the member's control panel; allow each member to set the expiration of each personal identity disguise for 15, 30, or 60 minutes, and 24 or 48 hours, through the member's control panel; provide a quality service that seals security breaches with your open accounts at other financial institutions;
B. For children who must be enrolled only by a parent or legal guardian, we will:
(i) implement and provide you with a variety services, which may be supplemented, improved or removed from time to time, designed to protect your child’s personal information and to protect the child against fraud associated with identity theft;
(ii) request that major consumer reporting agencies as may become appropriate, place fraud alerts on your child’s consumer report to the extent permitted by 15 U.S.C. § 1681c-1. If a consumer report is found for your enrolled child, we will attempt to renew these alerts as often as required, while you subscribe for this particular service, to keep them active until such time that you notify us that there is no longer a good faith suspicion that your child has been or is about to become a victim of fraud or related crime, including identity theft. If a consumer report is not found to match for your child, MasqMe will instead confirm every one hundred, eighty (180) days that no matching consumer report has been created
(iii) order, upon enrollment and once a year thereafter, your child’s credit report from major consumer reporting agencies as may become appropriate, as permitted by 15 U.S.C. § 1681j(a), to the extent that one exists and to the extent that the information provided to us matches such a report; and
2. Renewal: When you enroll for our Service, your account will be automatically renewed for one month or one year, depending on the term you initially select, on the anniversary date of your enrollment.
3. Cancellation: There is no long-term commitment with MasqMe. You can cancel at any time by calling us at (925)272-4506 or writing us at
Customer Expertise, and notifying us of your intention to cancel.
4. Privacy Policy: We collect, use and disclose information about you as provided in our Privacy Policy at http://www.MasqMe.com/privacy.php. Our Privacy Policy is incorporated into this Agreement, and you agree to accept the terms of the Privacy Policy as a condition to your acceptance of this Agreement. If you have enrolled for our services with another person, we may share personally identifiable information with the other person enrolled with you on your MasqMe account as provided in our Privacy Policy.
5. Information Sharing: You agree and authorize MasqMe, its agents and employees, to provide your personally identifiable information (or information about your child you have enrolled) only to the credit bureaus, Equifax[TM], Experian[TM] and TransUnion[TM]. You waive any and all claims against MasqMe, its agents and employees for the acts and omissions of these third parties with regard to the use or disclosure of such information. You authorize MasqMe, its agents and employees to obtain various information and reports about you (or about your child that you have enrolled) in order to perform our Services, including but not limited to address history reports, name and alias reports, criminal reports or sex offender reports.
6. Refusal of Service; Termination: We will determine whether or not to accept you as a member and provide to you the Service, and we may refuse to provide to you our Service for any reason or no reason at all. If you fail to comply with any of these terms and conditions, we may at any time terminate your rights under this Agreement in our sole discretion and without prior notice.
7. Payment Terms/Taxes: Payment for the Service may be made by payment card or other mutually agreed upon form of payment. You are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of our Service.
8. Authorization: By accepting these terms and conditions, you expressly authorize MasqMe, its agents and employees to complete and execute on your behalf documents required to provide the Service; speak to or otherwise communicate with third parties about you or on your behalf as necessary or appropriate to provide the Services, 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 (or to do these things on behalf of or with respect to your child you have enrolled).
9. Disclaimers and Limitation of Liability: MasqMe assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to MasqMe's web site. As noted above, and except as otherwise set out herein, we will not be liable for any special, incidental, indirect or consequential damages of any kind, nor any damages. MasqMe will not be liable for any failure or delay resulting from fire, explosion, data security breach, flood, storm, act of God, acts of terrorism, 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 MasqMe.
10. Governing Law: This agreement and any Service provided hereunder will be governed by the laws of the state of California, without regard to any California laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States. Subject to paragraph 11 (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 California for any dispute or litigation arising out of, or relating to, the use or purchase of any Service from MasqMe, and waive any objection to the laying of venue of any such litigation in California courts and agree not to claim that such litigation brought therein has been brought in an inconvenient forum. In other words, if we have a dispute that results in a lawsuit, you agree to resolve it in a California court.
11. Arbitration: Both you and we agree that any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service shall be settled by confidential arbitration , in accordance with the American Arbitration Association’s ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will render a decision within fifteen days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any state or federal court. Although the cost of the arbitrator will be borne by MasqMe, all other expenses of arbitration will be paid by the party who incurred them. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service, you also agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
12. Change in Terms. We may revise this Agreement at any time. You agree that each time you enroll, access or use our Service, you will be bound by the current version of these terms and conditions, as they may have been modified from time to time. Online customers may check our website regularly for updates to this Agreement.
13. Indemnification: You agree to indemnify, defend and hold harmless MasqMe, its affiliates, successors and assigns, and their respective agents, directors, employees, information providers, licensors, licensees and suppliers, for, from and against any and all liability and costs (including attorneys' fees and costs) incurred by any of these parties in connection with any claim arising out of any willful or intentional breach by you of these terms and conditions, or your violation of applicable laws, rules or regulations. In the event that you are the subject of claims for which you properly seek damages from us under these terms and conditions, we reserve the right at our expense 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. In the event that we are subject to any claim for which we have the right to be indemnified by you, we will have the right at your expense 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.
14. Trademarks, Copyrights and Restrictions: MasqMe™, Identity Masquerade™, A network of consumers and merchants working together to prevent identity theft™ and the MasqMe logo are trademarks of MasqMe. Everything you see in any promotional materials is copyrighted by MasqMe unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All our promotional materials are protected by copyrights, which are owned or licensed by MasqMe. You may use our Service and our materials only for your own, personal, non-commercial purpose. You may not reproduce, perform, create derivative works from, republish, upload, post, hack, transmit, or distribute in any way whatsoever any MasqMe information without the express, written consent of MasqMe, a Tec|Lynk company.
15. CREDIT REPAIR AND INSURANCE: MasqMe IS NOT A CREDIT REPAIR ORGANIZATION. MasqMe CANNOT IMPROVE YOUR CREDIT HISTORY OR CREDIT RATING. MasqMe WILL NOT PROVIDE YOU WITH ADVICE OR ASSISTANCE IN IMPROVING YOUR CREDIT HISTORY OR CREDIT RATING.
MasqMe is neither an insurance company nor an agent for any insurance company and does not sell, solicit or negotiate insurance.
16. Miscellaneous: These terms and conditions 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 MasqMe. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, 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.
17. Description of your obligations: You agree that you are only providing your own personal information (or information about your child you are enrolling or adults that you enroll on your account) and not the information of any other individual. You agree that the information you provide during the enrollment process and any subsequent information you provide to MasqMe will be true, accurate, and current. YOU AGREE TO CONTACT MasqMe MEMBER SERVICES IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED MasqMe HAS CHANGED. 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 login or passwords in obvious places or publishing your Social Security Number. You certify that you have a good faith suspicion that you (or your child you have enrolled) have been or are about to become a victim of fraud or related crime, including identity theft, that you want to obtain fraud alerts under 15 U.S.C. § 1681c-1, and that you will notify MasqMe immediately if and when you no longer have such a good faith suspicion. 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 Services, less any discounts to which you may be entitled.
18. Agreement Assent: YOU AND MasqMe HAVE ENTERED INTO THIS AGREEMENT, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR PHYSICAL COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THE AGREEMENT. YOU AGREE THAT EACH TIME YOU ENROLL, ACCESS OR USE OUR SERVICE, YOU WILL BE BOUND BY THE CURRENT VERSION OF THESE TERMS AND CONDITIONS, AS THEY MAY HAVE BEEN MODIFIED FROM TIME TO TIME. ONLINE CUSTOMERS MAY CHECK OUR WEBSITE REGULARLY FOR UPDATES TO THIS AGREEMENT. YOU SHOULD PRINT OR RETAIN THIS AGREEMENT FOR FUTURE REFERENCE.
19. You may withdraw your acceptance of this Agreement at any time by notifying MasqMe Customer Expertise by calling us at (925)272-4506 or writing us. Upon notification of your withdrawal of acceptance, MasqMe will cancel your service.
20. Acknowledgment: This Agreement, including all documents referred to herein, represents the entire understanding between you and MasqMe regarding your relationship with MasqMe and supersedes any prior statements or representations. When you enroll, use or access MasqMe Services, you agree to be bound by these terms and conditions. Thank you for choosing MasqMe as your partner in the protection of your identity.
Revised March 31, 2009