Terms of Agreement
The following Terms of Agreement applies to both members and non-members alike:
1. Membership Benefits. As a Member, You are entitled access to discounts and/or other benefits on certain products and services as explained in the Membership Materials found on our company website.
2. Membership Term. Membership with PCS is on an annual basis and will automatically be renewed each year on the enrollment anniversary. (See Membership Cancellation Policy)
3. Renewal of Membership. Unless You notify Us that You wish to terminate this Agreement and cancel your Membership by following the instructions in the Paragraph titled "TERMINATION OF MEMBERSHIP", your Membership will be renewed automatically and You will be charged the then-current Membership Fee, which will appear on your billing statement or monthly mortgage statement, depending upon how You enrolled. This is known as a Continuity Plan. We reserve the right to increase or decrease the Membership Fee for each renewal Membership Term (or each twelve-month period for memberships under the monthly billing plan), effective upon renewal of your Membership.
4. Notice of Price Change. You have the right to receive written notice of all changes to your membership fee that vary from the amount you previously authorized. You may make your request by email at INFO@PEOPLESCREDITSERVICES.COM or in writing to 16909 Parthenia Street, Suite 304 North Hills, CA 91343.
5. Payment of Membership Fee. The payment of your Membership Fee is made automatically by a direct charge to the billing source authorized by you, in accordance with the payment terms to which you agreed. In the event that your billing source cannot process the Membership Fee due to insufficient available credit or funds, your membership will be voided until payment is received.
6. Use of Membership. Your Membership is non-transferable. You agree that only you or registered family members ( Family members are defined as a spouse or dependent child under the age of 25). Benefits are not for resale. You will promptly notify Us if You become aware of any unauthorized use of your Membership.
7. Vendor Affiliation. Customer and or Member acknowledges that PCS offers credit reports, credit scores and other credit products and ID Theft products as a direct affiliate of Fair Isaac Company, NXG Strategies, Merchants Information Solutions and other undisclosed vendors. PCS is not the originator of any credit reports or credit scores. All Identity Theft products are handled by PCS' vendors of choice.
8. Indemnity. The undersigned agrees to hold PCS, their officers, agents, employees and independent contractors harmless on account of any expense or damage resulting from publishing by the undersigned, or its employees or agents, of report information contrary to these conditions.
Recognizing that information is secured by and through fallible human sources and that for the fee charged, the company cannot be an insurer of the accuracy of the information, the undersigned understands and agrees that the accuracy of any information is not guaranteed by PCS and the undersigned releases PCS and its affiliated companies and their officers, agents, employees and independent contractors from liability for any negligence in connection with the preparation and delivery of such credit reports, monitoring services, Id Theft programs, Credit Score Enhancement programs, credit consultations and from any loss or expense suffered by the undersigned resulting directly or indirectly from PCS' products and services s or those of its affiliated companies.
9. Entire Agreement. This Agreement contains all of the Terms of Membership, and no representations, inducements, promises or agreements concerning the Membership not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
10. GOVERNING LAW. THIS AGREEMENT AND THE TERMS OF MEMBERSHIP, SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
11. ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between Member and PCS (or made by or against anyone connected with Member or PCS, or claiming through Member or PCS) arising from or relating to Your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Membership Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of California without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of Connecticut without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
If You prevail in the arbitration of any Claim against Us, We will reimburse You for any fees You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that You attend shall take place in Fairfield County, Connecticut, unless You chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of Your membership as well as voluntary payment of the debt in full by You or any bankruptcy by You.
PCS reserves the right not to conduct business with Customers or Members who do not agree to ACCEPT THIS BINDING ARBITRATION PROVISION.
12. TERMINATION OF MEMBERSHIP. YOU MAY TERMINATE THIS AGREEMENT AND YOUR MEMBERSHIP AT ANY TIME BY CALLING US AT 888-517-9339 OR BY EMAILING US AT INFO@PEOPLESCREDITSERVICES.COM, CANCELLATION OF MEMBERSHIP UPON AUTOMATED RENEWAL MUST BE DONE WITH IN 14 DAYS OF THE RENEWAL ANNIVERSARY. HOWEVER, PCS WILL NOT REFUND ANY ENROLLMENT FEES UNDER ANY CIRCUMSTANCES IF SERVICES HAVE BEEN RENDERED DURING THIS PERIOD. PLEASE MAKE SURE TO KEEP TRACK OF YOUR ENROLLMENT DATE AND TO MAKE A REMINDER OF CANCELLATION SHOULD YOU CHOOSE NOT TO AUTOMATICALLY RE-ENROLL THE FOLLOWING YEAR.
13. Copyright & Trademark Notices. You acknowledge that Our Web site(s) contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protect in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under U.S. copyright laws. The Membership Program name and logo are Our service marks. All other service marks and trademarks appearing on our Web site(s) are the trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any Content in whole or in part.
What is a Stolen Identity Event? A stolen identity event is the theft of your personal identification, social security number, or other method of identifying you, including any personal information not generally available to the public, which has resulted or could reasonably be said to result, in the wrongful use of such information, including, but not limited to, stolen identity events occurring on or arising out of your use of the Internet.
Who Provides Benefits? Recovery Services are provided by MIS, Inc. who screens and hires all of the Recovery Advocates who serve in the ID Theft Recovery Unit.
Credit Reports and Credit Monitoring are provided by Experian, once the member completes the authentication process.
Reimbursement Plan, if applicable, is provided by two of the leading insurance companies in the United States.
When Your Benefits Start? Your benefits begin on the effective date shown on your Welcome Letter that will be provided at the conclusion of your enrollment.
When Your Benefits End? Your benefit period is one year from the effective date shown on your Welcome Letter. Your benefit period may renew automatically depending on your sponsoring organization.
Who is Covered in the Family Plan? If you elected family coverage, you and one legal adult will be eligible to enroll and receive credit reports, credit monitoring, and credit score services. For other services, a family member is defined as the spouse or domestic partner and all dependents under the age of 25 who have the same permanent address as the primary member. Domestic partner services, such as reimbursement plan, may define a family member differently.
Submitting a Claim for Reimbursement. When you report a stolen identity event to PCS, your Advocate will provide initial contact information to the insurance carriers that provide the reimbursement plan, if applicable. You will be mailed an insurance company claim package. For a detailed description of expenses eligible for reimbursement, see the description of the reimbursement plan.
Payments. Based on your authorization, payments will be deducted from your credit or debit card on a monthly or annual frequency in the amount indicated. With 60 days prior written notice to you at the address on file for the primary member, PCS reserves the right to adjust the pricing. You are under no obligation to continue the program.
Lapse for Non-Payment. You may elect to pay for benefits on a monthly, quarterly, semi-annual or annual basis. If payment is not received within 60 days after payment is due, a Notice of Cancellation will be sent by e-mail to the e-mail address on file for the member. If payment is not received within 10 days after the Notice of Cancellation is sent, the plan will be terminated, effective on the last day of the month for which payment has been made. If the member, or a qualifying family member, is engaged in the recovery process an attempt will be made to contact the member by phone in addition to the e-mail Notice of Cancellation. Recovery services will cease at the point at which the plan is terminated for non-payment.
Eligibility for Benefits is Subject to the following Conditions
1. Recovery services described in this offer are provided by PCS/MIS, Inc. to a named individual. Businesses are not eligible for benefits.
2. Eligibility for recovery services is based on ID theft events that are discovered, and reported to PCS during the eligibility period, which begins on the effective date shown on your Welcome Letter and ends one year later, unless automatically renewed. A person who has knowledge of a stolen identity event prior to the effective date of this plan is not eligible for recovery services under this plan. In the event that a person who is proven to knowingly be involved in an Identity Theft situation prior to the enrollment date and exercises our services, PCS will file fraud charges and proceed with whatever means necessary to collect any fees or expenses incurred in the recovery. Individuals who are already coping with a known identity theft event may call PCS to receive a quote on recovery for their situation.
3. Services are available only in the United States.
4. The successful completion of the recovery services described herein depends on the cooperation of the member. MIS reserves the right to refuse or terminate services if it is deemed that the Plan Member is committing fraud or other illegal acts, making untrue statements, or failing to perform his/her portion of the recovery plan. MIS will not refuse or terminate services base solely on the complexity of the case.
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