ALLSTATE IDENTITY PROTECTION
TERMS AND CONDITIONS FOR ALLSTATE IDENTITY RESTORATION
PLEASE READ THIS ENTIRE AGREEMENT AS IT AFFECTS YOUR RIGHTS.
These Terms and Conditions (also referred to herein as the “Agreement”) set forth the terms and conditions under which InfoArmor, Inc. (known as “Allstate Identity Protection,” “we,” “us,” or “our”) will provide identity theft restoration services, Educational Materials (defined herein), and related services as more fully described herein (collectively, the “Services”) to you and, if applicable, your dependent family members (collectively, “you” or “your”) as subscribers for any such Services. InfoArmor, Inc. is a subsidiary of The Allstate Corporation and provides the Services described herein.
By using any of the Services, you agree to these Terms and Conditions. Further, by using any of the Services, you represent that you are a natural person 18 years of age or older, you are using the Services on your own behalf and personal accounts or on behalf of your children under 18 for whom you are their legal guardian or parent, and you will only use the Services for lawful purposes.
Among other things, this Agreement contains a provision requiring the use of arbitration to resolve disputes, instead of jury trials, class actions or any other resolution process. This provision is below and is entitled “Arbitration Provision and Class Action Waiver.”
This means that, instead of suing each other in court, the parties agree to settle disputes only by arbitration. Arbitration works differently. There is no judge or jury, and review is limited but, like a court, the arbitrator can award damages and relief and must honor the limitations contained in this Agreement.
By agreeing to arbitration, the parties understand and agree that they are waiving their rights to utilize all other available resolution processes (e.g. a court action or administrative proceeding) to settle disputes.
If you do not wish to agree to arbitration and waive your right to all other available resolution processes, you may opt out of the mandatory arbitration and class action waiver provision by notifying Allstate Identity Protection within 30 calendar days of your acceptance of this Agreement by sending a notification that includes your name, member ID, and the email address you used to sign up for the Services via electronic mail to infoarmorservices@infoarmor.com.
- Authorization. When you contact us to open a restoration case, you specifically grant permission to Allstate Identity Protection and its subcontractors and service providers to obtain (i) your credit and transaction information and (ii) the credit and transaction of your children under the age of 18 (if you are opening a restoration case for them), from third-party credit reporting companies and other third-party sources. This verifies your and your children’s identities and provides credit and transaction information to you and us so we can work on your or your child’s restoration case. Information that Allstate Identity Protection collects from you and about you will be treated in accordance with Allstate Identity Protection’s Privacy Statement, which you can find here: http://allstateidentityprotection.com/privacy (“Privacy Statement”).
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Refusal of Subscription; Exclusions. We reserve the right to reject any request to subscribe for any Services for any reason including, without limitation, (i) unavailability of a service in the state where you reside or other legal restrictions, (ii) your credit history, (iii) your inability to provide an Appropriate Payment Method (as defined herein), or (iv) your attempt to subscribe for any Services subject to a Coverage Cap (as defined in the Summary Description of Benefits for the Personal Internet & Identity Coverage Policy).
This plan does not cover any known, pre-existing identity theft. Identity theft means the unauthorized access and attempted or actual use of Your personal information for an unauthorized person’s or entity’s financial gain. Known pre-existing means that You were aware of such identity theft on or before the date You subscribed to Allstate identity restoration. Such known, pre-existing identity theft is excluded from this plan.
- Registration and Activation. When you register and activate Services, you agree to provide valid, accurate, and current personal information. You understand that our ability to provide you identity restoration support and our Services working for you is dependent upon your provision or confirmation of such information. You cannot access certain Services features if you do not properly activate per our instructions. You acknowledge and agree that Allstate Identity Protection, its affiliates, subcontractors, partners and/or service providers will not be responsible or liable for any acts or omissions related to your provision of, or your failure to provide, valid, accurate, and current personal information.
- Family Plan. You may register for a Family Plan. A “Family Plan” means Services for your (i) legal or common law spouse, (ii) dependent children or other dependent family members who reside with you, (iii) dependent children, or other dependent family members who do not reside with you but who are supported financially by you, and (iv) senior family members who are ages 65 and above, and are the primary subscriber’s or their spouse’s or domestic partner’s parents or grandparents, who may or may not reside with you, and may or may not be financially supported by you, and who rely on the primary subscriber to receive identity protection services. All such family members must be individually registered to be covered by our Services. When you enroll minor children and/or dependents in our Family Plan, you certify that you are their parent or legal guardian and have lawful authority to do so, and you acknowledge that this Agreement applies to them and you accept the terms of this Agreement on their behalf.
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Identity Restoration. If you ask us to assist you to restore your identity following an event of identity fraud, we may need to send you a package of documents to sign and return (the “Additional Agreements”) before we can take action to restore your identity. The Additional Documents enable us to work with third parties on your behalf, like your financial institutions. You may be required to access a secure file transfer portal to provide us with Additional Agreements and documentation related to your identity theft incident. When you provide us with such documents, you are granting us permission to take such actions and use such documents as necessary to provide our Services.
When you engage with us in the event you are a victim of identity theft, we will need to activate certain monitoring and features to help us address your identity theft and monitor for potential additional impact. These features are not activated until you report a verified identity theft. The following terms apply to those features:
- IP Address Monitoring. You must provide Allstate Identity Protection with your IP address and grant us permission to store and monitor IP address information.
- Expense Reimbursement. Reimbursement for certain expenses and losses might be available to you if you have an eligible loss while you are subscribed for Services. Coverage is outlined in the Summary Description of Benefits for the Personal Internet & Identity Coverage Policy. This benefit is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company. Please refer to the underlying policy and summary of benefits for terms, conditions, and exclusions of coverage, which are available at www.allstateidentityprotection.com/allstate-restoration-25k-summary-of-benefits. Coverage may not be available in all jurisdictions.
- Financial Transaction Monitoring. You will be required to provide certain personal information, including, but not limited to, your birthdate and U.S. Social Security Number, and agree to provide us with details of your credit, commerce, banking and other applicable accounts and grant us permission to access your accounts as your agent. By providing us with your account information and such access you are granting us a non-exclusive, fully-paid, royalty-free, license to use such account information to monitor transactions within the corresponding accounts and for the preparation of aggregated and anonymous data from your account for our own internal purposes. Should you change your account information with any of your third-party providers, you must update that account information in our system in order for us to continue providing financial transaction protection with respect to that provider.You understand that our network and Services are limited in scope to the account information provided by you, and we may experience delays or fail to process and identify fraudulent transactions for any number of reasons related to or outside of these constraints. You acknowledge and agree to monitor your accounts and transactions and you recognize that you should not rely on alerts from Allstate Identity Protection alone.
- Credit Monitoring. You will be required to provide certain personal information, including, but not limited to, your birthdate and U.S. Social Security Number, and authenticate your identity. You understand and agree that by enrolling in and continuing to use credit monitoring, you are giving “written instructions” to us to obtain your credit report pursuant to the Fair Credit Reporting Act. You understand and agree that pursuant to the Fair Credit Reporting Act, you are entitled to obtain copies of annual credit reports, for yourself and for minor children for whom you are the parent or legal guardian, without charge. You also understand and agree that your decision to pay any payments for credit monitoring or any other Services under this Agreement has been made by you as a convenience and is not legally required. Please note that any person who knowingly and willfully obtains a credit report or score/disclosure under false pretenses may face criminal prosecution. We do not and will not transmit your score to any unauthorized third-party; however, we may use such information for our own internal purposes as detailed in our Privacy Statement.
- Allstate Identity Protection App. Downloading and using the Allstate Identity Protection App does not create an ownership interest of any kind in such App, or the intellectual property related thereto (see Intellectual Property in this Agreement), but instead creates a non-exclusive, fully-paid, royalty-fee, revocable, license to use such App for its intended purpose only. The Allstate Identity Protection App may be available through third-party providers (e.g., App Store). However, this Agreement is the sole and exclusive agreement between us and you for your use of such App. Unless expressly stated, this Agreement does not modify any other terms set forth in any application marketplace, including, but not limited to, the Apple App Store Terms and Conditions and Google Play Terms of Service or as otherwise required by any application marketplace provider (“Application Marketplace Provider”). To the extent necessary for this Agreement to comply with Apple’s applicable Instructions for Minimum Terms of Developer’s End-User License Agreement (“Apple’s Minimum Terms”), Apple’s Minimum Terms are hereby incorporated into this Agreement.
- No Fraud Alerts; Network Limitations. You understand and agree that the Services do not include our placing fraud alerts with credit reporting agencies. You also understand and agree that after you open a restoration case, we monitor your personal information using our network, which is composed of certain proprietary technologies and databases owned by, or otherwise licensed to, us for our use, and that not all transactions, including fraudulent transactions using your personal information, may be monitored due to limitations in the scope and breadth of our network. During the term of your use of the Services, our network and its scope may change without notice to you. You also understand that it may take up to four weeks from acceptance of this Agreement and enrollment in the Services for all related services to be fully activated.
- No Credit Repair. We are not a credit repair organization or similarly regulated organization under applicable laws, and do not provide any form of credit repair advice. We may offer you access to your credit report and other credit-related information, but we do not offer products, advice, counseling or assistance for the express or implied purpose of repairing or improving your credit. You acknowledge that no one, including Allstate Identity Protection or its affiliates, may legally remove accurate and timely factual information or negative information from a credit report. Demands for us to do so may result in the immediate termination of your subscription.
- Billing and Payment Terms. Allstate Insurance Company will automatically charge the total fee for all Services on our behalf for which you subscribe (the “Fees”), to your credit card or through another automated payment method acceptable to us on each Payment Date (an “Appropriate Payment Method”). “Payment Date” means the date on which you subscribe for the Services and each monthly anniversary of such date. For example, if you subscribe for the Services on March 5, the Payment Date will be the fifth day of each month. By providing us with your payment information, you agree that you have the authority to do so and our right to charge the Fees in accordance with such payment information.
- Renewal, Cancellation and Refunds. Your purchase of our Services automatically renews monthly until you cancel. You may cancel at any time by cancelling from your Plan Overview page in MyAccount, calling us at 1-855-730-3366 or by emailing us at cancel@allstateidentityprotection.com. Cancellation is effective at the end of the current billing cycle for which you have paid. If you cancel, you will not be entitled to a refund of any Fees you have paid (or any portion thereof) for Services. Allstate Identity Protection may terminate this Agreement without cause upon written notice to you, such termination to be effective as of the date of transmission of such written notice. Note: you must have a current, paid subscription to receive the Services or to continue to receive the Services if you have an active restoration case open.
- Personal Information Privacy. We will undertake to protect your personal information, including your first name, last name, address, U.S. Social Security Number, date of birth, and any information provided to activate monitoring using methods that are consistent with industry best practices, as set forth in our Privacy Statement. You authorize Allstate Insurance Company and Allstate Identity Protection to provide your personal information to our subcontractors and service providers to receive and use this information as Allstate Insurance Company and Allstate Identity Protection deems reasonably necessary in the course of performing Services, enrollment, billing or any other action taken in connection with providing the Services. By using any of the Services, you agree that you have read and accept our Privacy Statement.
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Personal Conduct and Use Restrictions. You understand and agree that you have an obligation to act responsibly to protect your personal information in a reasonable way. You further understand and agree that you have a duty not to disclose or publish recklessly your U.S. Social Security Number, credit card or bank account numbers, log-in credentials for your financial accounts, and/or similar personal information to persons who may reasonably be expected to misuse such information (e.g., “phishing” scams, unsolicited emails, etc.). You also agree to keep and protect your account login information for your subscription for the Services from unauthorized use. If you breach your obligation to protect your account login information, Allstate Identity Protection may terminate your use of the Services without advance notice to you.
You also shall not and shall not permit others to:
- interfere with the operation of Services or another’s use of the Services;
- introduce any viruses, worms, malware, trojans, or other malicious or disruptive code;
- impersonate any person or entity, provide false information required for obtaining access to the Services or information about another person for whom you are not their legal guardian or parent (and such person is under 18 years of age);
- use the Services for commercial or other non-personal purposes;
- reverse engineer, decompile, or otherwise attempt to derive source code of the software that powers the Services;
- create or use any script or automated tool that attempts to create multiple ways to access or use the Services;
- attempt to gain or provide unauthorized access to the Services or any computer system used to provide the Services, circumvent any access restriction or security measures with respect to the Services, or disclose your access information or otherwise give access to the Services to any third party; or
- tamper, alter, modify, change, disassemble, reverse engineer, copy, or duplicate in any manner the Services or its associated code.
The foregoing list is not exhaustive. Further, if you engage in any activity with us that we determine, in our sole discretion, to be offensive, threatening or harassing, interferes with our ability to help other subscribers, causes harm to us, or you otherwise violate this Agreement, your access to the Services will terminate effective immediately. In addition, you may be subject to legal action and may be denied future participation in any products provided, distributed or sold by us. Failure by Allstate Identity Protection to enforce such rights remedies is not and shall not be deemed a waiver of such rights and remedies.
- Intellectual Property. Allstate Identity Protection retains sole and exclusive right, title and interest in and to our Services and any modifications made using the Services, as well as all proprietary inventions and technology associated therewith (whether or not patentable), and all of our trademarks, copyrights, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services (collectively, the “Marks and Copyrights”). All of our proprietary inventions and technology, and all promotional materials, advertising, websites and other company marketing methods or venues are protected by various intellectual property laws, including, but not limited to, trade secret, copyright, and trademark laws. Any use of our Marks and Copyrights, or any other proprietary intellectual property, is strictly prohibited without our prior written consent. From time to time, we or our affiliates may provide educational materials on our website, app, via email (like our SecurityPro alerts), or other distribution methods (collectively, “Educational Materials”). Educational Materials are intended for your personal, noncommercial use. Educational Materials are protected by copyrights, trademarks, and other intellectual property rights under U.S. laws. You may not modify, copy, reproduce, publish, transmit, create new or derivative works from, distribute, perform, display Educational Materials in whole or in part.
- Mobile Alerts. Allstate Identity Protection may make certain features of the Services, including alerts, available on your registered mobile device. Such features of the Services may be made through push notification, SMS text message, or other mobile alert. If you choose to receive mobile alerts through the Services, you have the obligation to lock your mobile device and protect your information contained therein. You consent to receive SMS messages from us in the quantity, frequency, and types delivered through the Services. You are responsible for fees or charges (including, where applicable, roaming and data charges) that your wireless carrier may charge for any related data or message services. You understand and agree that neither Allstate Identity Protection nor its affiliates is in any way responsible for, and expressly disclaims any and all liability related to, the failure of a mobile alert to be actually, accurately, timely, or fully delivered to you for any reason whatsoever, including, but not limited to, technical errors or other problems with our systems, those of our subcontractors or service providers, those of your mobile service provider, any other third-party company, or issues related to your mobile account or device.
SMS texts
When you sign up for Allstate Identity Protection, you consent to receiving mobile SMS messages, which help you log into our Services and allow us to notify you when there is activity on your monitored accounts that you should review.
You can cancel the SMS service at any time. Just text "STOP" to the short code.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 1-800-789-2720.
Carriers are not liable for delayed or undelivered messages.
- Linking Policy. In connection with the Services that we offer and our Educational Materials, we have established Internet links from our website to select news media outlets, the Federal Trade Commission, and other websites. These linked websites are not under our control, and we are not responsible for their content or delivery. Our use of such links does not constitute our endorsement or guarantee of the products, services, information or recommendations provided by any such websites. In addition, these websites may have privacy policies that are different than ours, and that may provide you less security for your confidential information than we do. If you access any linked third-party website, you do so at your own risk. We disclaim all liability with regard to your access to and use of such linked websites.
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Liability Limitations. TO PROVIDE CERTAIN SERVICES, WE SUBCONTRACT WITH, OPERATE UNDER LICENSES FROM, AND RECEIVE INFORMATION FEEDS FROM, CERTAIN AFFILIATES, SUBCONTRACTORS, PARTNERS AND SERVICE PROVIDERS. WE ARE NOT RESPONSIBLE FOR (I) THE ACCURACY, COMPLETENESS, AND/OR VALIDITY OF ANY PRODUCTS, SOLUTIONS OR INFORMATION PROVIDED TO US BY ANY OF THOSE THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CONSUMER REPORTING AGENCIES OR ANY PARTIES TO WHOM WE PROVIDE LINKS), (II) INCORRECT OR INCOMPLETE INFORMATION THAT YOU PROVIDE TO US, SUCH AS INCORRECT OR OUTDATED CONTACT OR ACCOUNT INFORMATION, OR (III) INCORRECT INFORMATION THAT WE RECEIVE FROM THIRD-PARTY SOURCES, OR OUR FAILURE TO OBTAIN INFORMATION FROM THIRD-PARTY SOURCES, AS A RESULT OF INCORRECT OR INCOMPLETE INFORMATION THAT YOU PROVIDE US. IN ADDITION, NEITHER WE NOR OUR AFFILIATES ARE RESPONSIBLE FOR ANY LOSSES, ERRORS, INJURIES, EXPENSES, CLAIMS, ATTORNEY’S FEES, INTEREST, OR OTHER DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL (ANY OF WHICH, “LOSSES”), CAUSED BY, ARISING FROM, OR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THE SERVICES. NEITHER WE, NOR OUR AFFILIATES, SUBCONTRACTORS, PARTNERS AND/OR SERVICE PROVIDERS, WILL BE LIABLE FOR THE LOSS, CONFIDENTIALITY, UNAUTHORIZED DISCLOSURE OR SECURITY OF ANY DATA OR INFORMATION WHILE IN TRANSIT VIA THE INTERNET, TELEPHONE OR OTHER COMMUNICATION LINES, POSTAL SYSTEM, ACH NETWORK OR OTHER MEANS OF TRANSMISSION. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE, OUR AFFILIATES, SUBCONTRACTORS, PARTNERS AND/OR SERVICE PROVIDERS ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, OUR AGGREGATE LIABILITY, INCLUDING ANY AFFILIATE’S LIABILITY, FOR ALL CLAIMS CAUSED BY, ARISING OUT OF, OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE SERVICES IS LIMITED TO THE LESSER OF (A) ONE THOUSAND DOLLARS ($1,000) OR (B) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.
You understand and agree that Allstate Identity Protection expressly disclaims and bears no liability for fraudulent transactions, whether identified by us or not, and expressly disclaims any warranty that the Services will enable you to comply with law, mitigate damages (including, but not limited to, those related to a data breach), or avoid any other consequences of a data breach or failure by you to institute proper security measures. Further, you understand and agree that Allstate Identity Protection and our Services do not, and are not intended to, provide legal, tax, investment or other financial advice.
WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ERROR-FREE OPERATION, AND ALL SERVICES PROVIDED TO YOU ARE PROVIDED ON AN “AS-IS”, “WHERE-IS” AND “AS-AVAILABLE” BASIS.
- U.S. Law and Cross-Border Use. You represent and warrant that you are a U.S. citizen, and, if applicable, every person under your Family Plan is also a U.S. Citizen. You understand and agree that the Services are meant for U.S. residents to use in, and provided to you under the laws of, the United States. Should you choose to use the Services outside of the United States, you bear any and all responsibility for determination of, and compliance with, all non-U.S. laws applicable to such use. The Services, including any software, documentation and any related technical data included with, or contained in, such Services, and any products utilizing any such Services, software, documentation or technical data (collectively, “Regulated Products”) may be subject to U.S. export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations (ITAR). You agree that you will not, and you will not cause or assist any third party to, directly or indirectly, export, re-export or release any Regulated Products to any jurisdiction to which, or any party to whom, the export, re-export or release of any Regulated Products is prohibited by applicable U.S. laws or regulations. You agree that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties such as the Office of Foreign Assets Control list.
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Indemnification. You agree to use the Services only for the purposes stated in, and in compliance with, this Agreement. You agree that you will indemnify and hold Allstate Identity Protection and its affiliates, directors, officers, employees and agents, harmless for, from and against all losses, damages, claims, amounts paid in settlement of claims, costs and expenses, (including direct, incidental, consequential, exemplary, and indirect damages and/or reasonable attorneys’ and consultants’ fees and expenses), interest, awards, judgments, fines, penalties and other liabilities made by or owing to any third-party resulting directly or indirectly from or arising out of your access to or use of the Services or from your violation of this Agreement, or your violation of any law, regulation, or third-party rights in connection with your access to or use of any of the Services.
You shall not, without Allstate Identity Protection’s prior written consent (not to be unreasonably withheld, conditioned or delayed), settle, compromise, or consent to the entry of any judgment in any pending or threatened claim, action, or proceeding in respect of which indemnification is sought hereunder unless such settlement, compromise, or consent includes an unconditional release of Allstate Identity Protection from all liability arising out of such claim, action, or proceeding.
- Force Majeure. We will not be liable hereunder for failure or delay in our provision of the Services and related performance of our services due to causes arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, but not limited to, acts of God, strike, lockout, labor disputes, governmental orders or restrictions, shortage of materials or labor, utility or communication failure, errors, acts or omissions of third party communications services providers, war, acts of terrorism, fire, explosion, sabotage, storm, flood, earthquake, or epidemics.
- Assignment. We may assign any or all of our rights and/or delegate all or any of our obligations under this Agreement to any third-party without your consent. You may not assign your rights or delegate your obligations under this Agreement to anyone without our prior written consent, which we may give or withhold in our sole discretion.
- Governing Law. This Agreement is governed by and will at all times be construed, interpreted, and enforced in accordance with applicable federal law and, to the extent state law applies, the laws of Illinois, without regard to conflict of law’s provisions, except that the Federal Arbitration Act applies to the arbitration agreement and class action waiver provisions contained in this Agreement.
- Arbitration Provision and Class Action Waiver. Any claim or controversy arising out of or relating to this Agreement, your use of the Services, or any acts or omissions for which you contend we are liable, including, but not limited to, whether a particular claim or controversy is subject to this section (“Dispute”), will be finally, and exclusively, settled by arbitration held before one arbitrator under the then prevailing Commercial Arbitration Rules and Rules for Expedited Procedures of the American Arbitration Association (“AAA”) in force at that time. The arbitration will be conducted in Chicago, Illinois. The arbitrator will be selected pursuant to the AAA rules. The arbitrator will have the power to award no more than the prevailing party’s actual, compensatory damages in connection with any Dispute, and may not award damages in excess of actual, compensatory damages, such as by multiplying actual damages or by awarding consequential, punitive, or exemplary damages (collectively, “Enhanced Damages”), and both you and we irrevocably waive any claim to Enhanced Damages, except where such a waiver would explicitly violate the law of the state in which you live at the time a Dispute arises. This section, regarding Arbitration, will not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any party other than you or us, regardless of the nature of the issues or disputes involved. Any judgment upon the award rendered by the arbitrator may be entered in any court which has jurisdiction over the non-prevailing party. By agreeing to the foregoing arbitration terms, you waive your right to go to court to assert or defend your rights. You also waive your right to participate in or bring class actions or class arbitrations. If any of the foregoing provisions is determined by a court or arbitrator to be inapplicable or unenforceable with respect to a Dispute, you and we agree that, subject to the foregoing arbitration provisions, jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Cook County, Illinois. If either you or we employ attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party will be entitled to recover reasonable attorneys’ fees and expenses, as well as arbitration and/or court costs.
- Waiver. Allstate Identity Protection will not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of our rights under this Agreement. No waiver by us will be binding unless in writing and signed by an authorized representative of Allstate Identity Protection. No waiver by us of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
- Effect of Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, such provision (to the extent of such invalidity or unenforceability) shall be deemed severed from this Agreement, and the remaining provisions of this Agreement will remain valid and enforceable.
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Modification of this Agreement and Services; Revocation of Consent to Electronic Modifications. We reserve the right, at our discretion, to change or supplement the terms of this Agreement at any time by posting a new version on this website, https://www.allstateidentityprotection.com/exec-terms-conditions (this “Site”) or by otherwise notifying you of the revised Agreement. If you do not agree to this Agreement as modified, you must stop using the Services. Your continued use of the Services following the posting of any changes to this Agreement constitutes your acceptance of those changes. You may withdraw your consent to receive modifications to this Agreement in electronic form by emailing us at infoarmorservices@infoarmor.com or calling us at 1-855-730-3366 and we will send revisions to this Agreement in printed form to the most current address that we have for you in our records.
We reserve the right to change, modify, expand, discontinue, or retire any Services, or any feature thereof, at any time, with or without notice to you.
- Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and us with respect to the subject matter of this Agreement, and all prior and contemporaneous agreements, understandings, representations and communications between you and us concerning such subject matter are hereby superseded and made null and void in their entirety. You acknowledge and agree that you have not relied on any statement, representation, warranty, or agreement of ours or any other person purporting to act on our behalf, including any representations, warranties, or agreements arising from our website, any promotional materials, any statute, or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement.
Effective June 26, 2024