The FraudArmorTM Lite Check Fraud and Advancement Program is brought to you by Harland Clarke Corp. in conjunction with its Service Providers (jointly “FraudArmor Lite”). Together, we provide the suite of services that comprise the FraudArmor Lite Programs. FraudArmor Lite reserves the right to substitute or add additional Service Providers at FraudArmor Lite's discretion. Services are provided to the registered individual who subscribes for the Fraud Armor Lite "Service" defined in the applicable Fraud Armor Lite Service Description (each such subscriber hereinafter called the "Member").
Please read these Terms and Conditions carefully. Member's right to use any Service is expressly subject to full compliance with these Terms and Conditions, as they may be modified from time to time. If you do not agree with these Terms and Conditions, please do not register for any Service or disclose any information to FraudArmor Lite in connection with any Service.
Certain capitalized terms referenced herein have the meanings ascribed to such terms in the Common Definitions.
"Affiliated Persons" means:
"Losses" means, with respect to any order, any debits from Member's checking account for cleared checks due to the Subject Check Fraud.
"Resolution Specialist" means a named individual dedicated to Member's Restoration case and who is certified with the following credentials:
"Subject Check Fraud" means, with respect to a particular Subject check fraud event any occurrence of:
See Service Description. www.Fraud-ArmorLite.com/lite/description.html
To the fullest extent permissible by law, except as expressly provided in the Service Descriptions, or these Terms and Conditions, FraudArmor Lite makes no warranties of any kind regarding any Service, either express or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose. FraudArmor Lite has priced each Service based on this limitation of liability, which is an important term of the applicable Service. In no event shall FraudArmor Lite, its subcontractors or agents be liable to Member or any third party for any incidental, indirect, consequential, exemplary, special, or punitive damages, including without limitation loss of use or lost businesses, revenue, profits, or goodwill, arising in connection with any Service or the unavailability thereof, or these Terms and Conditions, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if FraudArmor Lite knew or should have known of the possibility of such damages. FraudArmor Lite assumes no responsibility for the timeliness, deletion, failed delivery or failure to store any information obtained or distributed through the Services. Since FraudArmor Lite and its subcontractors obtain data from third parties, such information may, or may not be, completely thorough, timely and accurate. Member shall not rely upon FraudArmor Lite for the accuracy or completeness of information supplied in using any of the Services.
EACH SERVICE IS AVAILABLE ON AN "AS IS" BASIS ONLY. IN NO EVENT SHALL FRAUDARMOR LITE’S LIABILITY IN CONNECTION WITH ANY SERVICE EXCEED THE AMOUNTS PAID TO FRAUDARMOR LITE FOR SUCH SERVICE.
FraudArmor Lite will not be liable if it is unable to perform or deliver any part of the Services or is delayed in performing any such obligations due to failure of any of data processing systems, hardware systems, the Internet, or because of any incident, event or factor outside FraudArmor Lite’s reasonable control. herein
Neither FraudArmor Lite nor its Service Provider shall be liable for any loss or injury that may arise out of its acts or omissions, whether negligent or otherwise, in obtaining, distributing, compiling, collecting, interpreting, reporting, communicating, or delivering any applicable Service. Member understands and agrees that every financial decision involves assumption of a risk, and that FraudArmor Lite does not underwrite that risk in any manner whatsoever.
The Check Fraud Restoration and Advancement Service applies only to checks drawn from the financial institution account identified in the check order. Check Fraud Restoration and Advancement apply only if the facts alleged in Member's police report indicate that Member has a valid request for the advanced funds under applicable provisions of the Uniform Commercial Code, and the Member does not misrepresent such facts. If Member is advanced funds by FraudArmor Lite as a result of losses and paid a second time for the Losses by the Member's applicable financial institution or financial institution, Member shall hold the second payment as an agent for FraudArmor Lite and deliver such funds to FraudArmor Lite as directed by FraudArmor Lite. Any Losses must arise from fraud involving a check drawn on a checking account at a financial institution domiciled in the United States or its territories and must be reported to law enforcement authorities as evidenced by a police report in the United States or U.S. Territories. FraudArmor Lite reserves the right to not advance funds to any Member for any Losses incurred by Member as a result of any Subject Check Fraud perpetrated by (i) Member, (ii) any employee or agent of Member and/or any other person who is a joint account holder with Member, and (iii) any Affiliated Persons unless a police report is filed against the Affiliated Person who was the perpetrator of the Subject Check Fraud.
Due to the higher incidence of fraud against businesses and the larger size of funds needed to provide the Service to businesses, fees for companies registering for the Service will be different than corresponding fees for individual Members. FraudArmor Lite reserves the right, at its sole discretion, to collect from the Member any portion of the advanced funds that Member had received in the event that Member's financial institution does not reimburse FraudArmor Lite for any portion of Member's Losses. FraudArmor Lite will not advance funds against any Losses unless Member with reasonable promptness provides to FraudArmor Lite the properly completed documentation requested by FraudArmor Lite and, in any event, on or before the earlier of thirty (30) days after (i) Member discovering the Subject Check Fraud; and (ii) Member being provided with the financial institution statement reflecting, or the original or a copy of the check that is the subject of the Subject Check Fraud; or the time period for which Member's financial institution requires the reporting of check fraud.
The Service does not include any effort to improve Member's credit score or history for any items or incidents not related to the Subject check fraud event Subject Check Fraud event. The Service is expressly limited to the Services stated in the applicable Service Description. The Service does NOT apply to any acts of copyright, trademark, service mark, patent or other intellectual property infringement/dilution, or to any other events not expressly defined herein as a Subject Check Fraud event. FraudArmor Lite will NOT provide any investigation or documentation regarding the scope or damages of any Subject check fraud event Subject check fraud event. FraudArmor Lite will NOT, as part of the Service, file any civil or criminal complaints, affidavits or pleadings on behalf of Member. FraudArmor Lite will NOT reimburse Member for any financial losses whatsoever. There is no guarantee FraudArmor Lite will be successful in assisting Member to resolving the Subject Check Fraud event to Member's satisfaction. FraudArmor Lite’s ability to perform the Service requires Member's cooperation. FraudArmor Lite reserves the right to refuse or terminate the Service if it determines that Member or its representatives are committing fraud or other illegal acts, making untrue statements, or failing to fully cooperate with its efforts to restore credit records. FraudArmor Lite will not provide the Service if it discovers that Member or its authorized representatives knew or had reason to know of any applicable Subject Check Fraud event at the time Member registered for the Service. The Service is available only to adult individuals residing in the United States. The Service does not include credit counseling, legal services, or any other service not expressly stated herein.
The following potential Subject Check Fraud event(s) are NOT included in the Service:
Member agrees and understands it will not use any Service to obtain information about a person other than the registered Member. If FraudArmor Lite has reasonable grounds to suspect Member is trying to obtain information about someone else, FraudArmor Lite may suspend or terminate any Service. Member understands and agrees not to use any Service for consumer credit purposes, consumer insurance underwriting, pre-employment purposes, tenant screening purposes, or for other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C Sec. 1681 et seq.) or similar statute. Member must use any Service in strict compliance with the Gramm-Leach Bliley Act (U.S.C. Title 15, Chapter 94, Section 6801 et seq.) and similar state statutes, if applicable. By registering for any Service, Member authorizes and instructs FraudArmor Lite and its agents to act on Member's behalf by accessing and using any available online searchable databases on behalf of Member for the purpose of obtaining and gathering information about Member for Member's sole use and benefit and, in certain cases, to remove information about Member from such databases. The public information that any Service obtains is delivered via the Internet by a digital dashboard that contains alert flags and nationwide public record information that is obtained from third parties as well as proprietary databases and derived information.
MEMBER AGREES THAT FRAUDARMOR LITE DOES NOT PROVIDE INSURANCE AND IS NEITHER AN INSURANCE COMPANY NOR AN AGENT FOR AN INSURANCE COMPANY. NOR IS IT A CREDIT REPAIR ORGANIZATION OR A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP MEMBER IMPROVE MEMBER’S CREDIT HISTORY OR RATING. Member agrees that, unless specified in the applicable Service Description, FraudArmor Lite will not make payments to Member or otherwise be liable or responsible for any loss, damage or liability Member may incur in any way related to a Check Fraud Event (or otherwise), including, without limitation, any monetary, financial or other economic loss, theft or damage of any kind.
These Terms and Conditions and the Services shall be governed by and enforced pursuant to the laws of the State of Texas. These Terms and Conditions and the documents referenced herein collectively serve as the sole and exclusive agreement between Member and FraudArmor Lite regarding the applicable Service(s) and supersede all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. If any provision of these Terms and Conditions is held to be invalid or otherwise unenforceable, the remainder of these terms will remain in full force and effect and will in no way be invalidated or otherwise affected.
MEMBER AND FRAUDARMOR LITE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THE SERVICE AND/OR THESE TERMS AND CONDITIONS AND AGREE TO EXCLUSIVE AND MANDATORY VENUE OF ANY DISPUTE RESOLUTION PROCESS OR PROCEEDING IN THE APPROPRIATE FORUM IN SAN ANTONIO, BEXAR COUNTY, TEXAS. MEMBER SHALL BE ENTITLED TO PARTICIPATE REMOTELY
Member hereby agrees to indemnify and hold harmless FraudArmor Lite, its affiliates, officers, directors, employees, consultants, agents, service providers, from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorney's fees) arising from any claim relating to Member's use of any Service or violation of any law or rights of a third party.
Member inquiries regarding any Service should be sent as follows:
Phone: 1 (866)-923-0452