The FraudArmorTM Check Fraud and Identity Resolution Program is made available by Harland Clarke Corp. in conjunction with its Service Providers (jointly referred to as "FraudArmor"). Together, we provide the suite of services that comprise the FraudArmor Service. Services are provided to the registered individual or single business who subscribes to the FraudArmor "Service", defined in the applicable FraudArmor Service Description (each such subscriber hereinafter called the "Member"). FraudArmor reserves the right to substitute or add additional Service Providers at its discretion. Please read these Terms and Conditions carefully. The 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 in connection with any Service.
Certain capitalized terms referenced herein have the meanings ascribed to such terms in the Common Definitions.
"Affiliated Persons" means:
"Identity Theft Event" means:
"Losses" means, with respect to any Order, any debits from the Member's checking account for cleared checks due to the Subject Check Fraud.
"Resolution Specialist" is a named individual dedicated to the Member's restoration case and who is certified with the following credentials:
"Service Provider" includes those who market FraudArmor to Members as well as those who provide services on Harland Clarke's behalf as part of the FraudArmor Check Fraud and Identity Resolution Program.
"Subject Check Fraud" means, with respect to a particular Identity Theft Event, any occurrence of:
Subject Check Fraud does not include counterfeit checks or any check that bears a legitimate original endorsement that is secondarily fraudulently endorsed.
A. CHECK FRAUD RESTORATION & ADVANCEMENT
The Service applies to personal or business checks that have been affected by forged signatures, forged endorsements and/or alteration.
Resolution Specialists are available to assist Members should they have any questions or concerns about potential or suspected check fraud. In the event of check fraud, a dedicated Resolution Specialist will perform assisted or fully-managed check restoration services and will coordinate with the Member's bank or financial institution.
"Fully-managed" means that, in addition to advising Members on the best procedures to help prevent fraud or to respond to a fraud event, a Resolution Specialist may also act on the Member's behalf through a limited power of attorney.
The Service advances funds to the Member for losses that would later be credited to the Member's account by its financial institution. Funds up to a maximum of $25,000 per fraud event will be advanced for all checks to which the Service applies and within 72 hours of filing a criminal complaint and submitting all necessary documents.
If the Member should be forced to close the affected checking account due to fraud, the Resolution Specialist will assist with the check replacement process. The Resolution Specialist works in conjunction with the Member's financial institution and the check printer, allowing the Member to quickly resume normal financial transactions.
B. IDENTITY RESTORATION
The Service applies broadly to the restoration of one's identity (individual or business).
A dedicated Resolution Specialist will perform assisted or fully-managed restoration services on behalf of victims and will coordinate with the Member's financial institution and/or other agencies.
Fully-managed means that, in addition to advising the Member on the best procedures to help prevent fraud or to respond to a fraud event, a Resolution Specialist can also act on behalf of the Member by obtaining an executed limited power of attorney form.
Resolution Specialists are available to assist with:
A dedicated and certified Resolution Specialist is available to answer questions and assist with resolution in the event of lost wallet, fraud or an identity theft event.
C. SERVICE LEVEL DEFINITION
Business Restoration: Limited to the business properly registered as a Member and one selected primary business owner, officer or a member of the board of directors. Restoration services will be extended to authorized persons should the business owner/officer/ or business fraud event affect these persons.
Owner; the owner of the Company includes any natural person who is the owner, proprietor or general partner of the Company who:
Officer; A full-time employee of the Company identified in the organizational documents on file with the appropriate state agency as the President, Vice President, Secretary or Treasurer of the Company
Member of the board of directors; an elected or appointed member of the Company’s board of directors.
D. LOST DOCUMENT & WALLET ASSISTANCE
The Service applies broadly to the protection of one's identity.
A dedicated Resolution Specialist is available to answer questions and to assist with resolution in the event of lost documents and wallet contents. The Resolution Specialist will assist with cancellation and/or replacement of lost documents such as credit cards, birth certificates, licenses, or government-issued documents.
E. INTERNET MONITORING
Information reaching the internet's black market is traded, sold, and re-sold on a daily basis through black market websites, secret chat rooms, and underground forums. If the Member's information is found in these areas, theft has already occurred, and the Member needs to act quickly by contacting a Resolution Specialist. Fraud Armor will monitor these sites, chat rooms and databases and will notify the Member in the event that their information is found.
Internet Monitoring is optional and is provided at no additional cost; it requires activation at www.Fraud-Armor.com. FraudArmor securely stores the information provided by the Member. FraudArmor will monitor the following credentials provided by the Member:
For Consumers: available personal and financial information for Internet Monitoring
For Businesses: available business and financial information for Internet Monitoring
F. CREDIT MONITORING AND FOLLOW-UP RESTORATION
Credit Monitoring and Follow-up Restoration services are provided in the case of an Identity Theft Event. Even after the resolution of the fraud event, a dedicated Resolution Specialist will be available to perform assisted or fully-managed restoration services on behalf of victims and coordinate with Member's financial institution and/or other agencies.
Changes to a Member's credit report that they did not initiate can be the first sign of fraud. This Service synchronizes with the credit bureau, alerting the Member any time there is a change to their credit file.
This service monitors changes and new activity from the credit bureau and allows the Member to validate that the credit related activity is their own. It then provides e-mail alerts and/or phone notifications of changes to the Member's credit report.
Business owners will have access to their Dun & Bradstreet report on a quarterly basis to help monitor and prevent any future fraud.
To the fullest extent permissible by law, except as expressly provided in the Service Descriptions, or these Terms and Conditions, FraudArmor 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 has priced each Service based on this limitation of liability, which is an important term of the applicable Service. In no event shall FraudArmor or its Service Providers 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 business, 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 knew or should have known of the possibility of such damages. FraudArmor assumes no responsibility for the timeliness, deletion, failed delivery or failure to store any information obtained or distributed through the Services. Since FraudArmor and its Service Providers obtain data from third parties, such information may, or may not be, completely thorough, timely and accurate. Member shall not rely upon FraudArmor 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'S LIABILITY IN CONNECTION WITH ANY SERVICE EXCEED THE AMOUNTS PAID TO FRAUDARMOR FOR SUCH SERVICE.
FraudArmor 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's reasonable control.
Neither FraudArmor nor its Service Providers shall be liable for any loss or injury that may arise out of their 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 business decision involves the assumption of a risk, and that FraudArmor does not underwrite that risk in any manner whatsoever.
In order to activate any of the Internet Monitoring Services, Member must provide FraudArmor with true, accurate, current, and complete account registration information and maintain/ update such information on a timely basis. If Member provides any information that is untrue, inaccurate, not current, incomplete, or if FraudArmor determines Member has committed fraud or other illegal acts, or has failed to fully cooperate with FraudArmor's efforts to provide the relevant Service(s) to or on behalf of Member, FraudArmor may immediately suspend or terminate the Member's account for any or all of the Services, and refuse to provide any or all of the same to Member. Any violation of local, state, or federal laws in using any of the Services may result in the immediate termination of the Service, at FraudArmor's sole discretion.
The Check Fraud Restoration and Advancement Service applies only to checks drawn from the bank 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 as a result of losses and paid a second time for the Losses by the Member's applicable bank or financial institution, Member shall hold the second payment as an agent for FraudArmor and deliver such funds to FraudArmor as directed by FraudArmor. Any Losses must arise from fraud involving a check drawn on a checking account at a bank 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. FraudArmor 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 businesses registering for the Service will be different than corresponding fees for individual Members. FraudArmor 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 bank or financial institution does not reimburse FraudArmor for any portion of Member's Losses. FraudArmor will not advance funds against any Losses unless Member provides to FraudArmor the properly completed documentation requested by FraudArmor reasonably promptly 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 bank 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 Identity Theft 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 an Identity Theft Event. FraudArmor will NOT provide any investigation or documentation regarding the scope or damages of any Identity Theft Event. FraudArmor will NOT as part of the Service, file any civil or criminal complaints, affidavits or pleadings on behalf of Member. FraudArmor will NOT reimburse Member for any financial losses whatsoever. There is no guarantee FraudArmor will be successful in assisting Member to resolving the Identity Theft Event to Member's satisfaction. FraudArmor's ability to perform the Service requires Member's cooperation. FraudArmor 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 will not provide the Service if it discovers that Member or its authorized representatives knew or had reason to know of any applicable Identity Theft Event at the time Member registered for the Service. The Service does not include credit counseling, legal services, or any other service not expressly stated herein.
The following potential Identity Theft Events 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 has reasonable grounds to suspect Member is trying to obtain information about someone else, FraudArmor 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 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 DOES NOT PROVIDE INSURANCE AND IS NEITHER AN INSURANCE COMPANY NOR AN AGENT FOR AN INSURANCE COMPANY NOR IS A CREDIT REPAIR ORGANIZATION, IS NOT 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 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 an Identity Theft 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 regarding the applicable Service(s) and supersedes 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 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, 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