MEMBERSHIP TERMS
Your Membership Agreement
These Terms and Conditions of Membership and Use are a legally binding agreement made by and between You (“You”, “Your” or “Yours”), the person who has enrolled as a member in ID Theft Protection (the “Program”) and Vortex Media Partners, Inc. (‘Administrator”, “We” “Us”, “Our”) and constitutes the Membership Agreement between You and Us made upon Your enrollment in the Program. This is, due to space limitations, a condensed version of Your Membership Agreement. Please refer to www.myidentitymonitor.net for a full recitation of Your Membership Agreement and its terms and conditions of membership and use, to which You are bound.
BY ACCEPTING AN OFFER TO ENROLL IN THE PROGRAM, AS WELL AS BY USING ANY OF THE PROGRAM BENEFITS/SERVICES OR BY LOGGING ONTO OR USING THE PROGRAM MEMBERSHIP WEBSITE (“WEBSITE”), EACH TIME YOU DO SO, YOU EXPRESSLY SIGNIFY AND ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF MEMBERSHIP AND USE. IF YOU HAVE ENROLLED IN THE PROGRAM AND DO NOT CONTACT US TO CANCEL YOUR MEMBERSHIP WITHIN 24 HOURS OF RECEIVING THESE MATERIALS, YOU ARE IRREVOCABLY DEEMED TO HAVE AGREED TO AND ACCEPTED THESE TERMS AND CONDITIONS OF MEMBERSHIP AND USE.
Membership Benefits. As a member of the Program, You have access to savings, discounts, and other benefits on specified products and services, and through specified retailers, most of which are offered by or arranged through third party providers and suppliers who are independent from Us as the Administrator. Please refer to your membership materials and the Website for all relevant information in connection therewith.
Membership Plan And Term. Your Program membership, in accordance with the membership offer You accepted, is a monthly subscription membership plan.
The payment of Your Program membership fees, including any enrollment or processing fees or shipping and handling charges where such apply, are made automatically by a charge to the payment source, a credit card or debit card or other billing source, authorized by You at the time You enrolled, in accordance with the payment terms to which You agreed. We and You agree that Your non-cancellation or continued use of the Program constitutes a re-affirmation of Our authorization from You to charge Your payment source on the monthly recurring basis ar the monthly rate of $24.95 agreed to, and that We may submit such charges without further authorization from You until You cancel Your membership or change Your payment source. The charge will appear on your next credit card statement as EASYIDPROTCZ8332223412.
IN THE EVENT THAT YOUR PAYMENT SOURCE CANNOT PROCESS THE MONTHLY FEE AMOUNT DUE TO INSUFFICIENT AVAILABLE CREDIT OR FUNDS CAUSING THE BILLING TO DECLINE, YOU AUTHORIZE US, AT OUR DISCRETION, IN ORDER TO ENABLE THE CONTINUED MAINTENANCE OF YOUR MEMBERSHIP, TO DIVIDE THE MONTHLY MEMBERSHIP FEE INTO INCREMENTAL CHARGES, IN ORDER TO PROCESS THE TOTAL FEE. YOU MAY OF COURSE, CONTACT US AT ANYTIME TO MAKE ALTERNATIVE BILLING ARRANGEMENTS.
RIGHT TO CANCEL MEMBERSHIP. You have the right at any time to cancel Your membership and terminate further billing by calling the Program toll free customer service number 1-877-483-2057 which is listed in these membership materials and at the Website or by notifying Us in writing at ID Theft Protection, P.O. Box 5190, Hudson, FL 34674, United States. You may also email Us at service@myidentitymonitor.net Your cancellation will be effective promptly upon the receipt of Your cancellation request. Upon cancellation, You will not owe any further membership fees.
Dispute Resolution And Agreement To Binding Arbitration. Please read carefully. This is an important and material term and condition of this Membership Agreement. Please refer to Your Membership Agreement at the Website for the full and complete terms of this important provision.
WE AND YOU AGREE THAT ANY DISPUTE, DEMAND, CLAIM OR CONTROVERSY (WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF YOUR ENROLLMENT IN THE PROGRAM AND THIS AGREEMENT) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR MEMBERSHIP IN THE PROGRAM, MANNER OF ENROLLMENT OR YOUR USE OF THE PROGRAM SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO THE MARKETING/ADVERTISING OF THE PROGRAM, YOUR ACCEPTANCE OF MEMBERSHIP AND MEMBERSHIP ADMINISTRATION INCLUDING MEMBERSHIP FEE BILLING AND THE PROVISION OF MEMBERSHIP SERVICES, IF NOT RESOLVED INFORMALLY BETWEEN YOU AND US, WILL BE RESOLVED ONLY BY BINDING AND CONFIDENTIAL ARBITRATION INSTEAD OF IN A COURT OF GENERAL JURISDICTION. There are only two limited exceptions to arbitration that We and You hereby agree upon (e.g., an individual claim in small claims court or an injunctive claim to preserve an intellectual property right) and those are described in the full recitation of this provision contained in Your Membership Agreement displayed at the Website, which further describes the arbitration process to apply to You and Us. Otherwise binding arbitration is a requirement acknowledged by You and Us to be mandatory and absolute. Arbitration replaces the right to go to court. We and You agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply. There is no judge or jury in arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE BOUND TO ARBITRATION AS THE FORUM AND METHOD TO RESOLVE ALL DISPUTES (save for the limited circumstance referenced) AND THAT YOU ARE KNOWINGLY AND VOLUNTARILY RELINQUISHING ANY RIGHT TO TRIAL BY JURY IN A COURT OF LAW.
CLASS ACTION WAIVER: YOU MAY NOT BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT NOR MAY YOU BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE A PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU EXPRESSLY, BY THIS ARBITRATION PROVISION, WAIVE THESE RIGHTS. NO ARBITRATION OR OTHER PROCEEDING MAY BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER ARBITRATION OR OTHER PROCEEDING. THE ARBITRATOR WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS OR REPRESENTATIVE BASIS AND MAY ONLY HEAR YOUR INDIVIDUAL DISPUTE. THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
This Dispute Resolution/Agreement To Binding Arbitration provision shall survive any termination of Your Program membership or this Agreement. If any portion of this provision is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion shall be severed and removed from these Terms, and the remaining portions shall remain binding on You and Us. If unsuccessful in settling a dispute through direct discussions, either party may, notwithstanding any of the above, elect to endeavor first to settle the dispute by mediation by phone administered by the AAA before resorting to arbitration. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED AGAINST US MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION AROSE. These Terms of Membership and all disputes between the Parties shall be governed in all respects by the laws of the State of California, consistent with the Federal Arbitration Act, as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to any conflict-of-law provisions. Further, in any arbitration, both parties agree the arbitrator shall honor claims of privilege and privacy recognized under California law.
Binding And Entire Agreement. YOU HAVE BY YOUR MEMBERSHIP IN THE PROGRAM AS WELL AS BY ACCESSING AND USING THE WEBSITE OR USING ANY BENEFITS OR SERVICES OF THE PROGRAM AGREED TO AND ACCEPTED ITS TERMS AS SET FORTH HEREIN. (See full recitation of this provision contained within the terms and conditions of membership and use displayed at the website).