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Terms and Conditions

Please carefully read these Terms and Conditions. Please call Merchants Information Solutions, Inc. ("MIS") Customer Service at the telephone number listed at the end of these Terms and Conditions if you have any questions.

  1. Eligibility

    These Terms and Conditions (&Terms and Conditions&) apply to all transactions between the member business ("Member Business" or "Business") and you as the account administrator ("Account Administrator" or "you") acting on behalf of the Member Business and for your personal benefit, and MIS, including, without limitation, your access to and use of the website and any information and resources available therein ("Website"), all transactions conducted through the Website, and your purchase as Account Administrator on behalf of the Member Business of identity theft services and products offered by MIS (individually and collectively, "MIS Products and Services").

    A Member Business which is eligible for MIS Products and Services is defined as a sole proprietor, partnership, corporation, non-profit organization, religious group or professional practice, privately-held and properly organized under the laws of the state of its organization and which has no more than the maximum number of employees as defined by the terms of the Summary of Benefits under which these MIS Products and Services are provided. An employee is a person who works in the service of the Member Business under an express or implied permanent contract of hire, under which the Member Business has the right to control the details of work performance and for whom the Internal Revenue Service requires the Member Business to withhold payroll taxes.

    The Website is intended for users who are eighteen (18) years of age or older. MIS Products and Services are only available to Businesses operating within the United States and its territories. MIS will only provide MIS Products and Services in conjunction with agencies and institutions in the United States, or territories where U.S. law applies ("Territory"). By using the Website, you represent and warrant that you are eighteen (18) years of age or older, that you are a resident of the United States, that you are authorized by the Member Business to manage and access MIS Products and Services on behalf of the Member Business, and that you and the Member Business agree to abide by these Terms and Conditions.

  2. Acceptance of Terms and Conditions

    By using or visiting the Website you, as the Account Administrator acting on behalf of the Member Business and for your personal benefit, signify your agreement to be bound by these Terms and Conditions, MIS' Privacy Policy, incorporated herein by reference and available on the Website, and all laws and regulations applicable to the MIS Products and Services and information offered by MIS, whether or not you create an account, register as a member or purchase MIS Products and Services. MIS may, in its sole discretion, modify these Terms and Conditions from time to time and such modified Terms and Conditions shall supersede any prior versions of the Terms and Conditions. Your continued use of the Website and/or purchase of MIS Products and Services on behalf of the Member Business constitute your acceptance of such modifications and your subsequent use of the Website and MIS Products and Services shall be governed by the latest version of the Terms and Conditions. The Terms and Conditions are effective until terminated by MIS. In the event of termination, the MIS Intellectual Property, Disclaimer of Warranty; Limitations of Liability and Indemnification provisions set forth in these Terms and Conditions shall survive. MIS will post modifications to the Terms and Conditions on this page and indicate the date of the most recent modification at the top of the page. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE OR ORDER OR USE ANY MIS PRODUCTS AND SERVICES.

  3. Acknowledgement of Responsibility

    Merchants Information Solutions, Inc. (MIS) acknowledges to its customers that MIS is responsible for the security of data (cardholder and credit bureau provided) which MIS possesses, stores, transmits, or the extent that MIS could impact the security of the customer's data environment with respect to cardholder or credit bureau provided data.

  4. Description of Products and Related Services

    MIS shall not be obligated or responsible for providing MIS Products and Services for any request based on: (i) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you or by any owner, officer or director of the Member Business; (ii) losses, damages or expenses arising out of any business pursuits; (iii) losses, damages or expenses that were incurred or commenced prior to the effective date of your MIS Products and Services order confirmation.

  5. Product Fees and Payment

    If the Member Business is paying for these benefits directly to the sponsoring organization then the terms and conditions for Product Fees and Payment provided by the sponsoring organization will apply. If the Member Business is paying for these benefits directly to MIS, then the following terms will apply:

    1. Charges - Based on your authorization on behalf of the Member Business, payments will be deducted from the credit or debit card you provided on a monthly or annual frequency in the amount indicated. With sixty (60) days prior written notice to you at the email address on file for you as Account Administrator, MIS reserves the right to adjust the pricing. The Member Business is under no obligation to continue the program (see Cancellation below).
    2. Cancellation - If you wish to cancel the plan on behalf of the Member Business, please call the customer service number shown below. If the Member Business is paying monthly, the plan will be canceled at the end of the month in which the cancellation request is received. The Member Business is responsible for making payment for the months during which benefits are in effect. If the Member Business has paid on an annual basis, the plan will be canceled at the end of the month in which the cancellation request is received and we will refund any unused portion of the pre-discount monthly payment.
    3. Lapse for Non-Payment - The Member Business may elect to pay for benefits on a monthly or annual basis. If payment is not received on the due date for the benefit period the Member Business elected, a notice of cancellation ("Notice of Cancellation") will be sent by email to the email address on file for you as Account Administrator each day for ten (10) days. If payment is not received within ten (10) days after the initial 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 Business, or a qualifying employee or employee family member, is engaged in the recovery process an attempt will be made to contact you as Account Administrator by phone in addition to the email Notice of Cancellation. Recovery and other MIS Products and Services will cease at the point at which the plan is terminated for non-payment.

  6. Use of the Website and Products

    You understand and agree that access to and use of the Website and MIS Products and Services by you as Account Administrator on behalf of the Member Business is subject to the following terms:

    You agree to provide true, accurate, complete and current information to MIS about yourself and the Member Business you are enrolling or have enrolled in the Website or any MIS Products and Services. If MIS determines or reasonably suspects that any information you provided to MIS is false, incomplete or inaccurate, MIS may, in its sole discretion, suspend or terminate your access to and use of the Website and the MIS Products and Services and block all future access to and use of the Website and MIS Products and Services. You further agree on behalf of the Member Business and for your personal benefit that MIS will not be liable to you, the Member Business or any employee, officer or director of the Member Business, their family members and any other person if MIS suspends or terminates your access to and use of the Website and the MIS Products and Services;

    1. You agree not to copy, post, publish, broadcast, display, distribute or otherwise make available the Website, in whole or in part, in any medium, form or format, now known or later developed, without MIS' prior written authorization;
    2. You agree that the Website and MIS Products and Services are provided solely for your Business use;
    3. You agree not to alter, modify or reverse engineer or compile any part of the Website, including, without limitation, MIS Products and Services, software programs and applications provided through the Website;
    4. You agree not to sell access to the Website;
    5. You agree not to provide unauthorized access to the Website. Access to and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
    6. You agree not to access or attempt to access any portion of the Website to which you have not been granted access, including, the private account information of other users of the Website. Access to and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
    7. You agree not to use or launch any automated system, including, without limitation, "robots," "spiders" or "off-line readers" that access the Website in a manner that sends more requests to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line browser;
    8. You agree not to harvest or collect email addresses or other personal and financial information of other users from the Website by electronic or other means for the purposes of sending unsolicited communications or improper or illegal activities;
    9. You agree not to use the Website in any manner that could damage, disable, overburden or impair the Website;
    10. You agree not to upload, post, transmit, share or otherwise make available material that is obscene, pornographic, offensive, discriminatory, false, harmful, harassing, defamatory, libelous or violates the rights of any third-party, including, without limitation, trade secret, patent, copyright, trademark, privacy or publicity;
    11. You agree not to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and
    12. You agree to use the Website in a manner that complies with all applicable local, national and international laws and regulations.

  7. Modification of the Website and MIS Products and Services

    MIS may at any time, in its sole discretion, with or without notice to you or the Member Business, modify or discontinue providing the Website or any of the MIS Products and Services or any portion thereof. You agree that MIS will not be liable to you or the Member Business enrolled in the Website or MIS Products and Services or any other person for any modification or discontinuance of the Website or MIS Products and Services.

  8. Disclaimer of Warranty; Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE ON BEHALF OF THE MEMBER BUSINESS AND FOR YOUR PERSONAL BENEFIT THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND MIS PRODUCTS AND SERVICES IS AT YOUR SOLE RISK AND THE SOLE RISK OF THE MEMBER BUSINESS. THE WEBSITE AND MIS PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. MIS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, THAT THE WEBSITE AND MIS PRODUCTS AND SERVICES ARE FREE FROM BUGS, VIRUSES, HACKERS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR MIS PRODUCTS AND SERVICES WILL BE RELIABLE. THE INFORMATION CONTAINED IN THE WEBSITE, THE MIS PRODUCTS AND SERVICES OR OTHER MATERIALS YOU MAY RECEIVE FROM MIS DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. IN CONNECTION WITH YOUR PURCHASE AND USE OF THE MIS PRODUCTS AND SERVICES ON BEHALF OF THE MEMBER BUSINESS AND FOR YOUR PERSONAL BENEFIT, YOU ARE EXPECTED TO TAKE REASONABLE PRECAUTIONS, INCLUDING, WITHOUT LIMITATION, PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER PERSONALLY IDENTIFYING INFORMATION AND IDENTIFYING INFOMRMATION OF THE MEMBER BUSINESS. MIS PRODUCTS AND SERVICES DO NOT CONSTITUTE A CONTRACT OF INSURANCE. MIS DOES NOT GUARANTEE THE ACCURACY OF LIEN, JUDGMENT, INVESTMENT, OR CRIMINAL SEARCHES IT MAY PERFORM ON YOUR BEHALF FOR THE MEMBER BUSINESS. MIS ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU, THE MEMBER BUSINESS OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE WEBSITE OR MIS PRODUCTS AND SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE OR MIS PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MIS's SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY PERSON OR ENTITY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR MISPRODUCTS AND SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, PRODUCTS OR SERVICES OR ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE OR THE MIS PRODUCTS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MIS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. MIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY OTHER PERSON OR ENTITY, WHETHER OR NOT A SUPPLIER, THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND SUPPLIERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  9. MIS Intellectual Property

    You acknowledge and agree on behalf of the Member Business you represent and on behalf of yourself that the Website and MIS Products and Services, including, without limitation, formulae, specifications, pricing, content, applications, trademarks, graphics, photographs, information, software, including, without limitation, source and object code, scripts, promotions, events, programs and interactive features provided by or for MIS, whether in whole or in part, (individually and collectively, "MIS Intellectual Property") is owned by and the exclusive property of MIS or its licensors, subject to trademark, copyright patent, trade secret and other intellectual property rights and laws. You further agree that you have no right, title or interest in MIS Intellectual Property and that you shall not use any MIS Intellectual Property without MIS' prior written consent. You hereby grant to MIS on behalf of the Member Business you represent and on behalf of yourself a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid-up, right and license to use, copy, modify, transfer and distribute your personal information and the Member Business information to provide the MIS Products and Services and in connection with MIS' business operations.

  10. Indemnification

    You agree on behalf of the Member Business you represent and on behalf of yourself to defend, indemnify and hold harmless MIS, its officers, directors, members, managers, employees, agents, predecessors, successors, insurers, and assigns for, from and against any and all claims, damages, obligations, losses, liabilities, judgments, costs, penalties, fees, fines, interest, debt and expenses (including, without limitation, attorneys' fees and expert witness fees) arising from: (i) your use of and access to the Website and MIS Products and Services; (ii) your violation or the violation of the Member Business of any provision of these Terms and Conditions; and (iii) your violation or the violation of the Member Business of any law or other regulation or any third-party right, including, without limitation, any trade secret, patent, copyright, trademark, property, publicity or privacy right. This indemnification obligation shall survive the termination of these Terms and Conditions and the termination of your use of the Website and MIS Products and Services.

  11. Miscellaneous

    You agree on behalf of the Member Business and for your personal benefit that: (i) the Website and provision of MIS Products and Services shall be deemed solely based in Arizona; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over MIS, either specific or general, in jurisdictions other than Arizona. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of laws principles. MIS and you agree on behalf of the Member Business and for your personal benefit that the state and federal courts located in Maricopa County, Arizona shall have jurisdiction over any claim or dispute that arises from the Website or MIS Products and Services and that venue in such courts is proper. You further agree on behalf of the Member Business you represent and on behalf of yourself to waive any objection or defense to jurisdiction and venue in the state and federal courts located in Maricopa County, Arizona. These Terms and Conditions, together with MIS's Privacy Policy and any other legal notices published by MIS on the Website shall constitute the entire agreement between you, the Member Business and MIS. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect and MIS shall replace the invalid provision with a substitute provision consistent with then-current law and the original intent of the provision. The rights of MIS under these Terms and Conditions shall inure to the benefit of MIS, its successors and assigns. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Website, MIS Products and Services or otherwise, these Terms and Conditions will control. The section headings are for convenience only and do not have any force or effect. MIS and you on behalf of the Member Business and for your personal benefit agree that any cause of action arising out of or related to the Website or MIS Products and Services must be commenced within one (1) year after the cause of action accrues. MIS shall have the right to seek temporary, preliminary and permanent injunctive relief, in addition to, and not exclusive of, any and all other remedies available to MIS, against you and the Member Business to protect MIS' rights under these Terms and Conditions. MIS shall be entitled to seek an award against you and the Member Business of attorneys' fees, expert witness fees and costs incurred by MIS in connection with any dispute arising from or in connection with these Terms and Conditions.