iPROTECT IDENTITY PROTECTION AGREEMENT
As of November, 2014
Your iPROTECT Taxpayer Agreement ("Agreement") may have been prepared by an Affiliate using an approved integrated tax software tool. The Agreement in that software refers to several clauses that are described on this Web Site. Following are the Additional Disclosures that you are obligated to read before signing the Agreement printed from the Tax Software:
Refusal of Enrollment. We reserve the right to reject your enrollment for any reason such as: (a) unavailability of a service in the state where you reside, (b) your credit history, (c) inability to pay the Program Fee, or (d) you attempt to enroll in iPROTECT and we have previously paid claims to you or on your behalf equal to the Expense Reimbursement cap as defined in Identity Theft Insurance (Identity Fraud Expense Coverage) above.
30 Day Refund Policy. You may cancel your enrollment in the first 30 days of iPROTECT receiving a paid-in-full enrollment Agreement. You will receive a full refund of your fee.
Arbitration. Any claim or controversy arising out of or relating to your use of the Products or to any acts or omissions for which you contend we are liable, including but not limited to whether a particular claim or controversy is subject to this Section (“Dispute”), shall be finally, and exclusively, settled by arbitration held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be conducted in El Paso, TX. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall have the power to award no more than the prevailing party’s actual, compensatory damages in connection with any Dispute, and may not award damages in excess of actual, compensatory damages, such as by multiplying actual damages or by awarding consequential, punitive, or exemplary damages (collectively, “Enhanced Damages”), and both you and we irrevocably waive any claim to Enhanced Damages, except where such a waiver would explicitly violate the law of the state in which you live at the time a Dispute arises. This section, regarding Arbitration, shall not be construed as an Agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any party other than you or us, regardless of the nature of the issues or disputes involved. Any judgment upon the award rendered by the arbitrator may be entered in any court which has jurisdiction over the non-prevailing party. By agreeing to the foregoing arbitration terms, you waive your right to go to court to assert or defend your rights. You also waive your right to participate in or bring class actions. If any of the foregoing provisions are determined by a court or arbitrator to be inapplicable or unenforceable with respect to a Dispute, you and we agree that, subject to the foregoing arbitration provisions, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in El Paso County, Texas. If either you or we employ attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees and expenses.
Force Majeure. Neither you nor we shall be liable for any loss nor damage due to causes beyond your or our control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of terrorism, acts of civil or military authorities, acts of others in violation of applicable law, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond your or our control. Either you or we may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than 30 days due to the reasons set forth in this Cancellation section above.
Assignment. We may assign our rights and/or delegate all or a portion of our duties under this Agreement to a third party. You may not assign your rights under this Agreement to anyone.
By signing the Agreement prepared by the Affiliate, you’ve agreed to the above Additional Disclosures as if a part of the signed Agreement. Please contact iPROTECT if you have any questions.