Terms Of Service

The following terms and conditions of this Membership Agreement ("Agreement") govern the identity theft program ("Program") provided to customers ("Customers", "you", or "your") by the Provider of this Program. All references to ("Provider", "we", "us", or "our") mean the Provider of this Program, Guardian Protection Services. All references to "Guardian" mean Guardian Protection Services, Inc. You are deemed to have accepted and agreed to this Agreement upon the first to occur: (a) your enrollment in the Program, (b) your acceptance of the ID THEFT SUMMARY TERMS OF SERVICE during enrollment, (c) your use of the Services, or (d) your use of the Program website ("Website").

You understand that by enrolling in this program, you are providing "written instructions" to Guardian Protection Services. and its employees, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the products and/or services to you. You agree and hereby authorize Guardian Protection Services., its agents and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time. You waive any and all claims against Guardian Protection Services. and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize Guardian Protection Services. and its agents and employees to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the products and/or services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.

While enrolling for the products and/or services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, driver’s license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, Subscriber reporting agencies, payment validation companies, law enforcement agencies, or others.

Guardian has contracted with the Provider to provide the identity theft services that are part of the Program. Guardian is not affiliated with the Provider in any way. While Guardian may perform some ancillary tasks (e.g. billing, first-line customer service, etc.), the Provider will provide the identity theft services, including, but not limited to, providing any notices that may be part of the Program and securing any information that you may submit to the Provider.

Your participation in the Program is contingent upon your participation in the EZPay program offered by Guardian as a method of payment for other independent services which may be provided to you by Guardian from time to time. If you elect to discontinue participation in the EZPay program, you will be automatically disenrolled from the identity theft Program provided by the Provider. Additionally, if at any time you are required to remit funds pursuant to the EZPay agreement with Guardian (as set forth on the reverse side of this document) and Guardian receives notice from your financial institution that there are insufficient funds to cover your Monthly Fee, then Guardian will automatically cancel your participation in the EZPay program and, you will be automatically disenrolled from the identity theft Program provided by the Provider.

The following provides the terms and conditions governing your membership in the Program.

  • 1. Description of Program Features. As part of the Program, you will receive certain identity theft monitoring services, identity restoration services, identity theft insurance and receive other services and software (collectively, "Services") as further set forth in the membership materials you received at enrollment ("Membership Materials"). Whether you receive a given service (e.g., virus-protection software) will depend upon which services you agreed to participate in when you enrolled.
  • 2. Vendor Software. As part of this Program, the Provider may license to you, or assist you in licensing or purchasing software or other services from our vendors ("Vendors"). The software or such other services may be accompanied by an end user license or other agreement from us or one of our Vendors. In such cases, your use of the software or other services offered by our Vendor is governed by the terms of that license or other agreement and by this Agreement.
  • 3. Identity Theft Insurance. The identity theft insurance provided in this Program is underwritten by subsidiaries or affiliates of third parties. Identity theft insurance is governed by an insurance certificate that is incorporated into the Services. Services may or may not prevent identity theft or damages associated with identity theft or similar fraud. Services may or may not be successful in restoring your identity to pre-theft status. You can find more information about the identity theft insurance at: www.guardianidwatch.com/IdInsurance.
  • 4. Restrictions. You may not use the Services unless you are sixteen (16) years of age or older. Any information you provide to us must be true, accurate, current, and complete. You shall not use the Services for any illegal purpose and you shall abide by all applicable local, state, national, and international laws and regulations. The Provider does not provide the Services, or any other advice or assistance, for the purpose of improving Your credit report, credit history or credit rating. The Service is for your personal use only, and not for commercial purposes. You may not use the Services to obtain information about ,or make decisions about, anyone but yourself.
  • 5. Customer Representations and Acknowledgements. In return for the Services available under this Program, you represent, acknowledge, and agree that:
    • a.You are solely responsible for any reliance by you on the Services or any other use you make of the Services.
    • b.Membership in the Program and/or your rights or duties under these terms of service may not be assigned or delegated without the Provider's prior express written consent.
    • c.Vendors and benefits are subject to change without notice.
    • d.Services are not available where prohibited by law.
    • e.To the extent permitted by law, and unless prohibited by law, neither the Provider nor Guardian shall be liable for damages, including but not limited to lost wages, legal fees, or any other costs associated with identity theft or the restoration of your identity.
    • f.You shall not use the Services to determine any consumer's eligibility for credit, insurance, employment or for any other permissible purpose as defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq ("FCRA").
    • g.You shall not use the services, directly or indirectly, to take any "adverse action" as such term is defined under the FCRA or for any purpose other than your personal identity risk management.
    • h.You understand that the Services may or may not prevent identity theft or damages associated with identity theft or similar fraud.
    • i.You shall at all times maintain the confidentiality of your Website user name and passwords. Permitting use of your user name and password by a third party is prohibited and is a violation of this Agreement. If there is a breach of security through your Website user name, you agree to immediately change your password and notify the Provider. You will be liable for any unauthorized use of the Website through your user name until you notify the Provider of the security breach.
    • j.You understand that Services may or may not be successful in restoring your identity to pre-theft status. You further acknowledge that restoration services are provided by a third party which is not affiliated with Provider or with Guardian.
  • 6. Limitations of Liability
    • a. To the extent permitted by law, and unless prohibited by law, under no circumstances will either the Provider or Guardian be liable for any indirect, incidental, punitive or consequential damages (including, without limitation, the cost of procurement of substitute goods or services), (collectively, the "Losses") arising out of, or in connection with, this Agreement, the Program, the Services, the inability to use the Program or those Losses resulting from any goods or services purchased or obtained or transactions entered into through the Program.
    • b. To the extent permitted by law, and unless prohibited by law, the aggregate liability held under this Agreement by each of the Provider and Guardian, shall not exceed the aggregate fees paid directly to the Provider for Services provided to you hereunder during the twelve (12) month period immediately preceding the event, which gave rise to the claim for damages. Some states do not allow the limitation of liability, so the foregoing limitation may not apply in states that do not permit liability limits.
  • 7. Disclaimer of Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS ONLY. TO THE EXTENT PERMITTED BY LAW, AND UNLESS PROHIBITED BY LAW, NEITHER THE PROGRAMPROVIDER, NOR GUARDIAN, NOR ANY LICENSOR OR ANY OTHER THIRD PARTY PROVIDER OF ANY COMPONENT OF THESERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, MAKES, ANDEACH EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND,WHETHER EXPRESSED, IMPLIED, OR ARISING OUT OF COURSE OF DEALING OR USAGE, INCLUDING,WITHOUT LIMITATION, ANYWARRANTY OF MERCHANTABILITY, FITNESS FORA PARTICULARPURPOSE, NONINFRINGEMENT, NONINTERFERENCE WITH DATA, AVAILABILITY,ACCURACY OR THAT THE SERVICES ARE ERROR FREE OR SECURE. THE SERVICES CONTAININFORMATION PROVIDED BY ONE OR MORE THIRD PARTY CREDIT REPORTINGAGENCIES OROTHER THIRD PARTY DATA PROVIDERS.
  • 8. Indemnity. To the extent permitted by law, and unless prohibited by law, you hereby agrees to, at your own expense, indemnify, defend and hold the Provider, Guardian and each of our or their respective subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to any claims based upon any of your acts or omissions.
  • 9. Validity; Binding Effect. The validity or unenforceability of any term and condition of this Agreement will in no way affect the validity or enforceability of any other term and condition stated herein. This Agreement will be binding upon, and work to the benefit of, the parties and their respective successors and permitted assigns.
  • 10. Governing Law. This Agreement is governed and construed in accordance with the laws of the State of Florida regardless of any application of principles regarding conflicts of laws. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the State of Florida and U.S. Federal courts having within their jurisdiction the County of Duval in the State of Florida.