Common Definitions
Certain capitalized terms referenced herein have the meanings ascribed
to such terms in the Common Definitions.
"Affiliated Persons" means:
- For an individual user, affiliated persons shall be limited to:
-
The spouse or domestic partner of registered Member (where "domestic
partner" is defined as any person living in a legally recognized
domestic partnership with Member in their state of residence;
provided that, this definition does not affect the location in which
the Service is being provided as set forth in the FraudArmor Terms
and Conditions).
-
Dependent children under the age of 21 who live with Member and
dependent children under the age of 25 who are full-time students,
as determined by IRS dependency requirements.
- For a business user, affiliated persons shall be limited to:
- Owner
-
The owner of the Company includes any natural person who is the
owner, proprietor or general partner of the Company who:
-
owns at least a 20% portion of the stock or ownership interest,
and
-
holds executive authority in the Company and who otherwise
controls that business for their own gain.
- 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.
"Identity Theft Event" means:
-
For individual Members, the fraudulent misappropriation and use of
Member's name, social security number, credit card number(s) or other
Protected Identity Elements in any manner that adversely affects any
public records or credit reports concerning the Member.
-
For business Members, the fraudulent misappropriation and use by
persons or entities (other than agents, employees or contractors of
Member) purporting to act as or on behalf of Member of either:
Member's official Business Name as used in combination with Member's
Tax ID Number (or in Canada, Member's Business Number); or any Member
Credit Card Account Number(s) (duly issued credit cards for which
Member is an obligor) as registered by Member as part of the
applicable Service.
"Losses" means, with respect to any Order any debits
from Member's checking account for cleared checks due to the Subject
Check Fraud.
"Member" means:
-
For individuals, the person purchasing either personal or commercial
checks with FraudArmorTM.
- For Businesses, the entity named on the checks.
"Resolution Specialist" is a named individual dedicated
to Member's Restoration case and who is certified with the following
credentials:
-
Certified Identity Theft Risk Management Specialist (CITRMS) from The
Institute of Fraud Risk Management
-
International Association of Financial Crime Investigators (Member or
above)
-
Consumer Data Industry Association (Fair Credit Reporting Act Exam)
"Subject Check Fraud" means, with respect to a
particular Identity Theft Event, any occurrence of:
-
a forged signature (a legitimate blank check that is forged with the
Member's signature as the payer);
-
a forged endorsement (a legitimate check that is endorsed and cashed
or deposited by a person other than the designated payee based upon a
fraudulent endorsement; or
-
an altered check (a legitimate check that is fraudulently altered as
to the designated payee, check amount, or otherwise so as to benefit
the person altering the check).
Subject Check Fraud does not include counterfeit checks or any check
that bears a legitimate original endorsement that is secondarily
fraudulently endorsed.