Terms & Conditions
Thank you for choosing DATA SECURE PLUS identity theft restoration services (the “Services”). The following terms and conditions (these “Terms”) apply to your paid subscription (including all enrollments and activations) for Services offered by DATA SECURE PLUS (each, a “Subscription”) through this website or otherwise. These Terms shall remain valid and effective until modified or terminated by DATA SECURE PLUS, or until you or DATA SECURE PLUS validly terminate your Subscription or your payment method is no longer valid. Please read these Terms in their entirety.
YOU UNDERSTAND AND AGREE THAT THE SERVICES SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER CREDIT REPORTING AGENCIES. YOU ALSO UNDERSTAND AND AGREE, THOUGH IT IS NOT LIKELY, THAT THERE MAY BE A DELAY OF SEVERAL DAYS BETWEEN THE TIME IN WHICH YOU SUBSCRIBE FOR SERVICES UNTIL THE SERVICES ARE ACTUALLY ACTIVATED. DATA SECURE PLUS reserves the right to modify, suspend or discontinue the Services at any time, with or without notice or liability to you; provided, however that DATA SECURE PLUS shall provide a partial reimbursement for any fees paid in connection with the Services through the date that such Services were suspended or discontinued.
If you are using an activation code in connection with your Subscription, you are restricted to a one-time use of such activation code. Any subsequent use of the activation code by you, your family members or any other individuals will result in immediate termination of any associated Services without notice. In addition, if you improperly obtain Services with an invalid or unauthorized activation code, any credit card number or other payment method, which you may have provided to DATA SECURE PLUS, may also be charged with the fee associated with any Services obtained in connection with Services that were obtained with an invalid or unauthorized activation code. Memberships activated of http://www.datasecureplus.com (the ‘website”) using a valid activation code and providing all required information are the only memberships covered by DATA SECURE PLUS.
By subscribing for the Services, and in consideration of DATA SECURE PLUS performance in connection with such Services, you agree to and shall provide DATA SECURE PLUS with complete, accurate and up-to-date personal information for yourself and any family members you are enrolling or activating for Services through this website or through any other form of Subscription. In addition, you also agree to update any and all personal information in writing to Data Secure Plus, which has otherwise become inaccurate, incomplete or outdated following your original enrollment date during the term that you continue to hold your Subscription. You also have an obligation to inform DATA SECURE PLUS promptly in the event that you suspect your identity has been compromised in any fashion. You will need to call the toll free number provided during membership enrollment along with your membership number and a copy of a valid local police report, which DATA SECURE PLUS will review for approval of claims. Your failure to provide complete, accurate and up-to-date information and otherwise notify DATA SECURE PLUS of suspected identity theft shall release DATA SECURE PLUS from any liability to you with respect to DATA SECURE PLUS’s inability to provide any or all Services, as DATA SECURE PLUS will not be able to provide the Services in the absence of such information.
Use of Subscriber Information
DATA SECURE PLUS will share your personal information only (i) as required by law or as needed in connection with the transfer of DATA SECURE PLUS’s business assets (to comport with U.S. law, DATA SECURE PLUS does not share information with any unaffiliated third parties for marketing purposes); (ii) with other DATA SECURE PLUS businesses, if any, and (iii) with agents and third party product and service providers who use subscribers’ information on DATA SECURE PLUS’s behalf, as in the event a third party entity provides identity theft restoration services for DATA SECURE PLUS subscribers.
Access to Services
You are responsible for providing all personal computer and communications equipment necessary to gain access to the Services and the website. Access to certain of the Services may be gained through a combination of a user id and password. You must keep your password strictly confidential. Unauthorized access to the website may subject such unauthorized user to prosecution and/or other legal redress. By subscribing for the Services, you agree that DATA SECURE PLUS may notify you via electronic mail in connection with all information concerning DATA SECURE PLUS, the website, your identity, any Subscription or renewal information and all other information related to the Services.
Private Information Authorization
You understand and agree that you are providing DATA SECURE PLUS with your “written instructions” in accordance with the Fair Credit Reporting Act, and you are authorizing DATA SECURE PLUS to obtain personal information on your behalf and, as the case may be, your family members’ behalves, to the extent that such family members have been included in the Subscription (including minor children) for the purpose of providing the Services, including, as applicable to your Subscription and any future Services you may order, identity theft resolution, recovery and restoration services.
The Fair Credit Reporting Act (“FCRA”) requires each of the nationwide consumer reporting companies — Equifax, Experian, and TransUnion — to provide you with a free copy of your credit report, at your request, once every 12 months. The FCRA promotes the accuracy and privacy of information in the files of the nation’s consumer reporting companies. The Federal Trade Commission, the nation’s consumer protection agency, enforces the FCRA with respect to consumer reporting companies. Failure to comply with the FCRA can result in state, federal and private enforcement actions or lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.
The FCRA also permits you to dispute inaccurate information in your credit report without charge. ACCURATE INFORMATION CANNOT BE CHANGED. You do not have to purchase the Services in order to dispute inaccurate or incomplete information in your credit file, or to receive a copy of your consumer credit report.
DATA SECURE PLUS will send an electronic mail reminder approximately 60 days before your Subscription is set to expire, providing you with an opportunity to renew your subscription at the best current available rate. When a termination is requested, DATA SECURE PLUS will not refund your unused portion of your current Subscription. You may not assign or transfer you Subscription to any other person or entity. Should you request a refund, which is denied for a valid reason under these Terms, and should you subsequently file a claim against DATA SECURE PLUS. DATA SECURE PLUS shall be entitled to collect from you all costs (including attorneys’ fees) associated with defending such a claim.
You acknowledge and agree that DATA SECURE PLUS owns and retains all legal right, title and interest in and to the Services, including any intellectual property rights related to the Services. You agree that in using the Services, you will not use any trademark, servicemark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Warranty and Liability Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, WEBSITE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES, THE WEBSITE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AGAINST DEFECTS, VIRUSES, OR INTERRUPTION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DATA SECURE PLUS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICES OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, Data Secure Plus’s COLLECTIVE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) YOU PAID TO DATA SECURE PLUS FOR THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS DATA SECURE PLUS FROM DISCLAIMING LIABILITY HEREUNDER, THIS DISCLAIMER OF LIABILITY MAY NOT APPLY TO ALL SUBSCRIBERS.
Services Performed by DATA SECURE PLUS
Some or all services provided within DATA SECURE PLUS products are provided through an alliance. DATA SECURE PLUS representations include guarantees provided to DATA SECURE PLUS members in accordance with guarantees provided to DATA SECURE PLUS.
In connection with your Subscription, DATA SECURE PLUS shall perform those Services listed below, subject to the limitations set forth in these Terms. Whenever the terms “identity theft”, “identity theft event”, “incidence of identity theft” and the like are used herein, such terms shall mean the theft of your personal identification, including a Social Security number or other identifying information, which has or could reasonably result in the wrongful use of such information, including, but not limited to, identity theft events occurring on or arising out of your use of the Internet. The terms “identity theft”, “identity theft event”, “incidence of identity theft” and the like shall not include the theft or wrongful use of your business name, d.b.a., or any other identifying information related to any of your business activity. All losses resulting from the same, continuous, related, or repeated acts shall be treated as arising out of a single event occurring at the time of the first such event reported by you to DATA SECURE PLUS.
IN ORDER TO MAKE A VALID CLAIM TO DATA SECURE PLUS REGARDING YOUR INCIDENCE OF IDENTITY THEFT, YOU MUST BE A MEMBER CONTINUOUSLY AT AND FROM (I) THE TIME OF THE THEFT UNTIL AND AFTER (II) THE TIME OF MAKING YOUR CLAIM. IF YOU DO NOT HAVE A VALID SUBSCRIPTION FROM THE TIME YOUR IDENTITY IS STOLEN THROUGH THE TIME OF YOUR CLAIM, DATA SECURE PLUS WILL NOT PROVIDE YOU WITH RECOVERY, RESTORATION OR ANY OTHER SERVICES IN CONNECTION WITH THE THEFT.
DATA SECURE PLUS shall perform the following Services on your behalf:
DATA SECURE PLUS will provide you with a personal ID Coach℠ to provide you with information and guidance regarding identity theft-related matters;.Upon your notification to DATA SECURE PLUS that you suspect your identity has been stolen, DATA SECURE PLUS will assign an individual to assess your identity theft claim;
In the event that DATA SECURE PLUS confirms that you are a victim of identity theft, DATA SECURE PLUS will open a case file in your name and you will be assigned a personal identification restoration advocate; You will be required to provide DATA SECURE PLUS with all details concerning the identification theft, and any personal information and/or signed documentation necessary for DATA SECURE PLUS to proceed on your behalf; DATA SECURE PLUS will instruct you on how to file a police report; DATA SECURE PLUS will review your personal financial information to determine the necessary steps to begin the identity recovery and restoration process, and DATA SECURE PLUS will develop a plan for recovery. Your cooperation in completing the recovery plan is a condition of the continued involvement of the ID Coach and any DATA SECURE PLUS identity theft assistance personnel; DATA SECURE PLUS will contact banks, lending institutions, public agencies, debt collection agencies and other entities and bodies in order to begin the dispute resolution process in connection with fraudulent transactions related to your identity; and Following restoration of your identity and restoration of your pre-theft standing, DATA SECURE PLUS will advise you regarding plans for future protection and identity theft prevention.
In connection with Family Plans, DATA SECURE PLUS will provide all of the services listed above for each respective plan for up to two (2) adults and all children living in the household. As used herein, “children” means persons twenty-five (25) years of age or younger, living in the same household as the primary subscriber, who qualify as such by virtue of lawful birth or legal adoption, other than individuals adopted after attaining the age of twenty-one (21) years. To the extent that an individual between the ages of eighteen (18) and twenty-five (25) is the primary subscriber, such individual shall not be considered a “child” hereunder..
DATA SECURE PLUS and its employees, agents, officers, independent contractors, assigns and other authorized third parties, reserve the right to make an independent investigation of your identity theft claim, including any and all facts and circumstances related to any claim, including through contacting any party it deems necessary, at its sole and absolute discretion and expense, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your claim. You hereby consent and agree that you authorize DATA SECURE PLUS to perform any such investigation with respect to claims that you have made.
DATA SECURE PLUS reserves the right to require you to provide evidence of your identity theft event, including any unauthorized transaction, and any other facts related to your claim, including a signed affidavit, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that DATA SECURE PLUS may deem necessary and reasonable prior to honoring your claim or providing any reimbursement of expenses or financial losses. In the event that you do not provide DATA SECURE PLUS with any and all information requested, DATA SECURE PLUS reserves the right to reject your claim and not provide you with any assistance in your identity theft event.
MANY OF THE SERVICES OFFERED TO BE PERFORMED BY DATA SECURE PLUS CAN BE PERFORMED BY YOU FREE OF CHARGE.
DATA SECURE PLUS WILL ALSO NOT COVER YOU FOR ANY IDENTITY THEFT EVENTS THAT ARISE DUE TO ANY DIRECT OR INDIRECT, PHYSICAL, IN-PERSON FRAUDULENT ACTIVITY (AS OPPOSED TO ELECTRONIC TRANSFERS OF MONEY), INCLUDING WITHOUT LIMITATION, FORGED DOCUMENTS, INCLUDING CHECKS AND THE LIKE.
Filing a Claim
Upon your discovery of any act of identity theft perpetrated against you, you must promptly notify DATA SECURE PLUS of the same by contacting the identity theft hotline at the number provided to you in an email confirmation after you complete membership enrollment.
These Terms constitute the entire agreement between DATA SECURE PLUS and you concerning all Services provided to you by DATA SECURE PLUS, completely replaces any prior agreements between you and DATA SECURE PLUS in relation to Services and may be amended only by DATA SECURE PLUS with or without notice at any time.
Compliance with Applicable Laws
You must abide by all applicable State and Federal laws, and report illegal activities and fraud to appropriate legal authorities. Failure to do so will terminate your membership and all Subscription benefits.
You agree to indemnify, defend and hold DATA SECURE PLUS and any of its affiliates and all of our and their respective agents, directors, employees, information providers and licensors and licensees harmless 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 breach by you of these Terms. In the event that either (a) you are the subject of claims for which you properly seek damages from us under these Terms, or (b) we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims in clause (a) and at your expense in the case of claims in clause (b), 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.
These Terms shall be governed by the laws of the State of Kentucky, without regard to its conflict of law provisions. You and DATA SECURE PLUS agree to submit to the exclusive jurisdiction of the courts of Kentucky and you expressly consent to the exercise of personal jurisdiction in the courts of Kentucky to resolve any legal matters arising from these Terms or the use of the Services or the website. If any provision of these Terms should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms if no such modification is possible, and other provisions of these Terms shall remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
You agree that DATA SECURE PLUS may elect to have any unresolved claim or dispute submitted to binding arbitration for resolution. You consent and agree that in the event of any such election by DATA SECURE PLUS, such arbitration shall take place in Lexington, Kentucky, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at that time.
You agree that you are only providing your own personal information and not the information of any other individual, except in the case of a Family Plan, in which case you agree that you are authorized to provide such other information which you are submitting. You agree that the information you provide during the registration process and any subsequent information you provide to DATA SECURE PLUS is true, accurate, and current. YOU ARE OBLIGATED TO CONTACT DATA SECURE PLUS IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED TO DATA SECURE PLUS HAS CHANGED.
You agree that you are eighteen (18) years of age or older.
You agree to pay us the fee we publish for the Services, less any discounts to which you may be entitled.
YOU AND DATA SECURE PLUS HAVE ENTERED INTO THESE TERMS, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR VIA PHYSICAL COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THESE TERMS. IN THE FUTURE, YOU AGREE TO BE BOUND TO THESE TERMS, AND MODIFICATIONS HERETO, BY CONTINUING TO USE OUR SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED TO THE WEBSITE OR SENT TO THE EMAIL ADDRESS YOU HAVE PROVIDED. ANY OTHER COMMUNICATIONS, INCLUDING BILLING, PAYMENT, AND/OR DISCLOSURES WILL BE MADE VIA THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT OR POSTED TO THE WEBSITE. THESE TERMS MAY BE PRINTED OR RETAINED BY YOU FOR FUTURE REFERENCE.
Services Provided and/or Performed by Third Parties
Except as otherwise set forth herein, you acknowledge that when you utilize any other third party products, services or website links provided by DATA SECURE PLUS or found on the website, such products, services and other third party materials are not controlled by DATA SECURE PLUS and DATA SECURE PLUS is not responsible for such products, services or other third party materials. DATA SECURE PLUS cannot ensure that you will be satisfied with any products or services that you purchase from a third-party or any site that links to or from the DATA SECURE PLUS website. DATA SECURE PLUS strongly encourages you to investigate all such transactions with any third parties. DATA SECURE PLUS makes no warranty, express or implied, as to such third party products, services or websites and accepts no liability whatsoever for any errors and omissions or for any damage or injury to persons or property arising out of the use or operation of any such products or services or any materials, instructions, methods or ideas contained on any third party websites.
In connection with third party products and services offered on the DATA SECURE PLUS website, such third parties shall provide all customer service associate therewith, and you should direct all questions or concerns with such third party provider.
ALL DOWNLOADABLE SOFTWARE AND FILES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONS, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DOWNLOADING AND/OR USING THE SOFTWARE AND FILES IS AT YOUR SOLE RISK, SUBJECT TO ANY WARRANTIES THAT A PARTICULAR THIRD PARTY PROVIDER MAY ASSERT FROM TIME TO TIME.
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use apply to the website located at (the “Site”).
1. Stealth Industries provides this Site for purchasing products and services subject to the following terms and conditions. By accessing or using this Site, including the purchase of products and services, you agree to be bound by these Terms and Conditions of Use.
1. LIMITATION OF LIABILITY
THE SITE AND ALL PARTS THEREOF ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. STEALTH INDUSTRIES MAKES NO REPRESENTATION OR WARRANTY THAT THE
SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
IN ALL CIRCUMSTANCES STEALTH INDUSTRIES'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. STEALTH INDUSTRIES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. STEALTH INDUSTRIES SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT STEALTH INDUSTRIES HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. STEALTH INDUSTRIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STEALTH INDUSTRIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THE SITE.
2. SITE INFORMATION
3. INTELLECTUAL PROPERTY
This Site and all content included on or in the Site, including text, images, videos, information, data, software, photographs, graphs, videos, graphics, music, sounds and other material (collectively "Content") may be protected by trademark, copyright and/or other proprietary rights owned by Stealth Industries, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. You may not use the Content or any part thereof for your own purposes. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content. You may not modify or alter the Content, copy or post the Content, or broadcast the Content in any media.
4. ORDER POLICY & SHIPPING.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Stealth Industries reserves the right at any time after receipt of your order to accept or decline your order for any reason. Stealth Industries reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item with the appropriate price adjustment. We may require additional verification or information before accepting any order. All orders placed on this Site are subject to product availability. All items purchased from Stealth Industries are sent by a third-party carrier. If you are not fully satisfied with your purchase, you may return it in accordance with our return policy.
4. ARBITRATION AGREEMENT
a class action or representative action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
5. APPLICABLE LAW
The laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between Stealth
Industries and You.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
6. ENTIRE AGREEMENT
These Terms and Conditions of Use are the complete and exclusive agreement between us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between us relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.