TERMS AND CONDITIONS
LastPass (aka: “The Company,” or “we”), shall supply services to the customer (aka: “you”) in accordance with the following terms and conditions:
The Services. The following is a complete list of all services offered by the Company through its service providers. The Company will provide those services to you for which you are eligible to and do enroll in. Enrolling in the services requires you to sign up for the services that you select through the Company’s website at www.lastpass.com and in some cases, pay the required fee for the services. You must acknowledge your acceptance of these Terms and Conditions in order to complete the enrollment process. You will be asked to create a password when you enroll which you will need to access your account or user dashboard. You are solely responsible for protecting the confidentiality and privacy of your password. Do not share your password with others. The Company is not responsible for lost or stolen passwords. The Company is not a credit repair organization, or similarly regulated organization under other applicable laws, and does not provide credit repair advice. By enrolling in the services offered you hereby consent, acknowledge and agree that we may collect and share your information with our affiliates, licensors, and third party service providers for the purposes of providing these services to you.
Free LastPass Credit Monitoring Services:
- Upon successful completion of your enrollment in the Free Credit Monitoring product, you will be alerted by electronic fulfillment when a change has occurred to your TransUnion credit file. You must have a valid email address to enroll in the credit monitoring service. To view specific information regarding what has changed, you may upgrade into the Credit Monitoring Premium Service to view your alert detail for an additional charge. You are also entitled to order your free TransUnion credit report at www.annualcreditreport.com. Any changes reported in your credit report files from Experian and Equifax will not be included in the Free Credit Monitoring Service. For additional information regarding your rights under the Fair Credit Reporting Act, please refer to paragraph 7 below.
LastPass Credit Monitoring Premium Services:
Upon successful enrollment into the Credit Monitoring Premium Service, and for so long as you are an “Active Customer” (in good payment standing and prior to termination by either you or us), you will be provided those services described below on the following terms and conditions.
- Tri-Bureau Credit Alerts: The Premium Service will generate an alert to you by electronic fulfillment when a change has occurred in your credit report file from the three nationally recognized credit bureaus, TransUnion, Equifax, and Experian, and will provide details including which bureau is reporting the change, the type of change, and when the change occurred. You must have a valid email address to participate as alerts will be communicated via the desktop, email notifications, or your user dashboard.
- Tri-Bureau Credit Reports and Scores: At the beginning of your enrollment in the Premium Service, you will be provided with your Tri-bureau credit report and Tri-bureau credit score as reported from the three nationally recognized credit bureaus, TransUnion, Equifax, and Experian. You can access your credit reports and scores anytime you log into your on line account. Information provided in your reports will be account summary, account history, personal information, credit inquiries, creditor contacts, public filings, credit inquiries, and consumer statement. This is a one-time static report that reflects your credit file and score at the time the report is pulled.
- Cyber Monitoring: The cyber monitoring service will provide a daily monitor service scanning compromising areas, such as unencrypted chat rooms, malicious websites, and black market sites for detection of any matching information associated with your name and social security information on file in your account.
- Non Credit (PayDay) Loans Monitoring: Your payday loan protection service will monitor weekly data feeds from non credit loan outlets for activity associated with your name and social security information. In the event an application is made using your information for a non credit loan, the Company will notify you via desktop, email, or your user dashboard.
- Identity Profile Report: After your identity has been verified and you have enrolled in the Premium Service, the Company will provide to you information about you (Identity Profile Report) which we obtain from a variety of public information databases. The Company will request that you review this information to identify errors or irregularities that may be evidence of or suggest possible identity theft.
- Monthly Monitoring Services: Each month the Company will use its technology to search multiple databases to detect any changes to your Identity Profile Report that may have occurred during the preceding 30 days. If the Company detects a change, we will immediately notify you via the desktop, email notifications, or your user dashboard and, at your request, work with you to investigate these changes. If no such change is detected, we will advise you of that. While the Company monitors for the evidence of identity theft, it does not prevent identity theft.
- ID Snapshot: If irregularities or potential irregularities are discovered as a part of the Company’s services, you may request an ID Snapshot Report. This report is provided by a third party, Identity Rehab Corporation d/b/a ID Watchdog (“ID Watchdog”), and utilizes more detailed information from additional databases for the purpose of identifying the areas affected by identity theft. ID Watchdog will require a written and signed Delegation of Power in order to provide you these services. ID Snapshot services are governed by ID Watchdog’s terms and conditions available at: www.idwatchdog.com
- ID Rehab: This service is for resolution of identity theft. In accordance with the Guarantee described below, if the monthly monitoring services and the ID Snapshot Report indicate possible identify theft, the Company will work with ID Watchdog resolution service agents to, upon you providing ID Watchdog with a signed, limited power of attorney, work to resolve any incidence of identity theft that appears in your personal consumer reports, and which have been reported to law enforcement authorities. Efforts will continue on your behalf for so long as you are a Current Customer, until the fraudulent database entry has been corrected. This is the ID Rehab service and is provided by a third party. Note that in some cases, public records (like a different address) that result from identity theft will still exist in your files even after the completion of ID Watchdog ID Rehab. ID Rehab services are governed by ID Watchdog’s terms and conditions available at: www.idwatchdog.com
- Police Report and Signed Affidavit (for ID Rehab only): ID Watchdog service agents provide remedy for verified fraudulent accounts in your personal consumer reports. ID Watchdog cannot resolve suspicions of fraudulent activity. ID Watchdog requires a police report and an ID Theft Affidavit that details the specifics of the loss it is to remedy. ID Watchdog agents are available to assist customers with the process of filing a police report and completing an ID Theft Affidavit.
- Disclaimers and Exclusions as to Services:
- Services not for Minors: Our services are not intended for the use of minor children and we do not intend to collect information about children through our website. You must be at least 18 years of age to enroll in any of our services.
- Reliance on Accuracy of Databases: The Company and its affiliates and third party service providers rely on the information contained in many third party databases. While the Company works hard to obtain the most current and most reliable data, we cannot guarantee the accuracy or completeness of such third party databases. Due to the dynamic nature of public records, and reliance on the accuracy of third party data sources, the Company does not promise to detect all possible occurrences of identity theft. The Company is not responsible for and does not represent the accuracy of third party databases.
- Not a Credit Repair Service or Insurance Company: The Company does not seek to improve your credit score or standing, and is not a credit repair business. The services do not include contact by the Company with credit bureaus to remove or change items on your credit reports or advise or assist in improving your credit record, credit history or credit rating. Correction of identity theft damage in your personal records may or may not result in changes to your credit report or credit scores. The Company does not provide insurance and is neither an insurance company nor an agent for an insurance company.
- ID Snapshot for Previously-Existing Conditions: If your initial Tri-Bureau Credit Report, or your Identity Profile Report indicates a pre-existing threat of identity theft, research and resolution services are available for those incidents that were initiated prior to your Premium Service enrollment date, for an additional fee. You may purchase an ID SnapShot (as described above) from ID Watchdog to research previously-existing identity threats for a fee payable to ID Watchdog at the time of the request (Section F below). ID Watchdog does not promise to detect all possible occurrences of identity theft. ID Watchdog is not responsible for and does not represent the accuracy of third party databases.
- ID Rehab for Previously-Existing Conditions: If your initial Tri-Bureau Credit Report you’re your Identity Profile Report indicates a pre-existing threat of identity theft, and you have paid for the ID Snapshot pursuant to the paragraph above, you may also purchase ID Rehab from ID Watchdog for fee (Section F below). Please contact customer service at 1-800-830-6680 to request a quote for these services.
- Fees & Services for Previously-Existing Conditions: You may purchase your ID Snapshot and ID Rehab Services for Pre-Existing Conditions for $179.00 payable to ID Watchdog at the time of the request. Included in the fee will be 12 months of ID Rehab services for any new identity theft accounts that occur after your enrollment. You may elect to continue this service after the first year by renewing your subscription with ID Watchdog for $179.00 on a per annum basis. The ID Rehab service will apply to the following per damaged line-item (or reported inaccuracy) per individual consumer reporting agency report (CRA). • Financial Record type (listed below). Record reported in the ID Snapshot and/or identified by you as Identity Theft. - Collection Accounts - Checking/Debit Accounts - Revolving Credit Accounts - Utility Accounts - Other Credit Accounts - Credit Inquires - Address Records associated with ID Theft • Personal and Civil Record type (listed below).Record reported in the ID Snapshot and/or identified by you as Identity Theft. - Real Estate Mortgage Accounts - Bankruptcies - Liens - Judgments - Medical Record Accounts • Law Enforcement and Government Record Type (listed below). Record reported in the ID Snapshot and/or identified by you as Identity Theft. - Outstanding Arrest Warrants - Criminal Records - DMV Records - Internal Revenue Service Records - Passport Accounts The fee includes investigation and rehabilitation of an erroneous item. Rehabilitation means that ID Watchdog works with the agency (or agencies) on the customer’s behalf, to mitigate the effects of that particular incidence of identity theft. As described in sections 2 and 3, ID Watchdog requires a signed, limited power of attorney, an ID Theft Affidavit, and a police report to work on your behalf. Note that in some cases, public records (like a different address) that result from identity theft will still exist in your files even after the completion of ID Rehab.
- Change in Fees: Fees are subject to change. Please contact a customer service representative for the most current fee information. Fees applicable to you may differ from those listed herein, based on special promotional offers, or because of group rates offered to large membership organizations through special distribution channels.
- Termination, Notice to Terminate. These terms and conditions apply from your enrollment until termination of the services by you or by the Company. You may terminate any services at any time by notice to the Company, effective immediately. The Company may terminate any services at any time by notice to you, effective as of the end of the then current and paid monthly, annual or tri-annual term, as applicable. Upon the effective time of such a termination by you or the Company, all services and all obligations to pay for or provide services shall cease. Notice of termination shall be given as follows. a) You must request termination of the services via telephone at the number set forth on the Company’s website. www.lastpass.com The telephone number is presently: 1-800-830-6680, but please verify this on the website. You may also request termination of services by logging into your on-line account. No third party may terminate your account. You will receive a written confirmation of the cancellation by email to the address of record
- Fees for Services (standard pricing): Fees for Services are paid on the date you enroll in the Premium Services offered to you and on a periodic, recurring basis thereafter, generally monthly, but occasionally on an annual or tri-annual term. Monthly fees are nonrefundable. The monthly retail price for the services is $9.99. Fees and free trial periods applicable to you may differ from those listed herein based on special promotional offers, or because of group rates offered to large membership organizations through special distribution channels. Not all product offerings will include a free trial. Please review your Welcome Letter for complete details on applicable services available, pricing, payment terms and trial periods. All fees listed in these terms are subject to change with not less than 30 days prior notice. You must pay the fees when due in order to continue to receive the services. The Company may terminate or suspend your services for failure to pay your renewal fees when due it its sole and exclusive discretion. By enrolling in the services, you agree to pay the following fees: a) Fees for Services: You agree to pay the applicable fees for the services available to you and in which you enroll. If you are offered a free trial period you must terminate the services by giving us notice within the trial period, or you will be responsible for any payment obligations to the Company other than the Identity Verification Fee. IF YOU DO NOT TERMINATE THE SERVICES WITHIN THE INITIAL TRIAL PERIOD OR YOUR PRODUCT OFFERING DOES NOT INCLUDE A FREE TRIAL, WE WILL, IN ADVANCE OF THE NEXT SERVICE PERIOD, CHARGE THE PERIODIC FEE DESCRIBED IN YOUR WELCOME LETTER TO THE CREDIT CARD WE HAVE ON FILE FOR YOU. THE SERVICES WILL CONTINUE AND YOU WILL BE RESPONSIBLE FOR THE REGULAR PERIODIC FEE UNTIL YOU NOTIFY THE COMPANY OF TERMINATION AS PROVIDED IN PARAGRAPH 5. MONTHLY FEES ARE NONREFUNDABLE. IF YOU ENROLL IN AN ANNUAL OR TRI-ANNUAL PLAN AND TERMINATE PRIOR TO THE END OF THE CURRENT TERM, WE WILL REFUND YOU A PRORATED AMOUNT FOR THAT TERM, BASED ON THE ACTUAL MONTHS OF SERVICE USED, CALCULATED AT THE MONTHLY RETAIL PRICE (AND NOT AT ANY DISCOUNTED PRICE YOU MAY HAVE RECEIVED FOR ENROLLING IN A LONGER TERM PLAN). YOU MAY CANCEL SERVICE AT ANY TIME.
- FCRA DISCLOSURES The FCRA allows consumers to receive one free comprehensive disclosure of all the information in their credit file from each of the Repositories once every 12 months through a central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com You may also obtain your free comprehensive credit report file by calling the three credit bureaus directly at:
Experian: 1-888-EXPERIAN (1-888-397-3742) The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances: You certify in writing that you are unemployed and intend to apply for employment in the 60 day period beginning on the day you make the certification; You are on public welfare assistance You have reason to believe that your file at the consumer reporting agency contains inaccurate information due to fraud You have been denied credit, insurance, or employment in the past 60 days as a result of your Credit Report. The FCRA also permits consumers to dispute inaccurate information in their Credit Report without charge. Accurate information cannot be changed. You do not have to purchase your Credit Report to dispute inaccurate or incomplete information in your credit file maintained by the three main credit bureaus.
Trans Union: 1-800-916-8800
- ID Watchdog’s Limited Guarantee to Resolve Identity Theft on consumer reports; Waiver and Limitation of Liability: ID Watchdog guarantees that, for so long as you are an Active Customer with the Company and you cooperate with the Company and ID Watchdog and provide all necessary information, including the power of attorney, ID Theft Affidavit and police report, ID Watchdog will actively work to correct any personal records reported in your consumer reports that have been affected by identity theft, which appeared after your enrollment in the Premium Services. Please be advised that while ID Watchdog will diligently work with and assist you correcting your personal records, some of the records are maintained by third parties and we cannot guarantee their cooperation. ID Watchdog cannot and does not recover or reimburse for damages, loss of income, loss of property or other harm or losses incurred in connection with identity theft. The ID Rehab service is intended to provide correction of the fraudulent database entries on your personal records as reported in your consumer reports. To recover for damages, loss of income, loss of property or other losses for legal violations (by creditors, credit reporting agencies, etc.), you should seek legal advice. The Company and ID Watchdog do not provide any other warranties or guaranties for the services described herein whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, noninfringement, or availability of the services. THE COMPANY’S, ID WATCHDOG’S AND THEIR RESPECTIVE AFFILIATES’, LICENSORS’ AND THIRD PARTY SERVICES PROVIDERS’ TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSS, OR HARM CAUSED BY OR RELATED TO THE SERVICES SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES. TO THE EXTENT ALLOWABLE BY LAW, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS FOR OR RIGHTS TO ANY CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF INCOME, AND CLAIMS FOR PAIN AND SUFFERING OR EMOTIONAL DISTRESS.
- Notices. All notices (other than a notice by you of your termination of services) shall be given in writing via e-mail, fax, personal delivery, or U.S. Mail. Notices to the Company shall be given at the following address: Identity Rehab Corporation PO Box 297 Denver, CO 80210 All notices to you will be sent to the address provided to the Company at enrollment, or such updated address that you may give the Company if you change your address.
- Dispute Resolution Process: These terms and conditions shall be governed by and construed under the laws of the State of Colorado without regard to conflicts of law. In the event of any claim or dispute between you and the Company arising from or relating to the services or these terms and conditions, both parties agree to resolve the claim in the following manner: Negotiation: If either party has a dispute with the other, either may contact the other by email or phone. If needed, parties will agree to a phone conference to attempt resolution within 10 business days of initial email or phone contact. Mediation: If the negotiation fails, the parties will contact the American Arbitration Association in Denver, Colorado to initiate phone mediation. Parties agree to complete mediation within 15 business days of failed negotiation. Agreement to Arbitrate: You and the Company will make every effort to resolve disputes in a good faith manner either by negotiation or mediation; however, if that is not possible, within 30 days of the inability to settle through mediation, the parties agree to arbitrate their dispute as described below: You and the Company agree to hold arbitration through the neutral offices of the American Arbitration Association office in Denver, Colorado. Both parties agree to attend such arbitration, in person or by phone, and to abide by the rules of the American Arbitration Association with regard to submission of discovery of evidence and other rules of order. IF A CLAIM OR DISPUTE IS TO BE ARBITRATED PURSUANT TO THIS AGREEMENT, BOTH PARTIES SHALL GIVE UP THE RIGHT TO LITIGATE THE CLAIM OR DISPUTE IN A COURT. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION WILL DETERMINE DISCOVERY AND APPEAL RIGHTS. This section shall survive termination of these terms and conditions.