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FRAUDARMORTM TERMS AND CONDITIONS OF USE

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The FraudArmorTM Check Fraud and Identity Resolution Program is made available by Harland Clarke Corp. in conjunction with its Service Providers (jointly referred to as "FraudArmor"). Together, we provide the suite of services that comprise the FraudArmor Service. Services are provided to the registered individual or single business, who subscribes for the FraudArmor "Service", defined in the applicable FraudArmor Service Description (each such subscriber hereinafter called the "Member"). FraudArmor reserves the right to substitute or add additional Service Providers at FraudArmor's discretion. Please read these Terms and Conditions carefully. Member's right to use any Service is expressly subject to full compliance with these Terms and Conditions, as they may be modified from time to time. If Member does not agree with these Terms and Conditions, please do not register for any Service or disclose any information to FraudArmor in connection with any Service.

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.

PRIVACY

FraudArmor is committed to protecting the privacy of all Members. All Member information which is gathered in connection with any Service, and which is subject to applicable privacy laws, will be governed by the provisions of the FraudArmor Privacy Policy as it may be amended from time to time.

GENERAL TERMS

  1. FraudArmor Services are currently available to purchasers of checks for personal or business checking accounts who are: (i) adult individuals who reside in the United States or its territories or on U.S. Military bases; and (ii) companies domiciled in the United States or its territories ("Members"). FraudArmor offers some of the Service(s) to adults who reside in the United States or its territories for the benefit of their Affiliated Persons, who may be under the age of 18.
  2. FraudArmor Services are available for up to one year from the date check order is shipped or until last check in Member's check order, whichever comes first (the "Service Period"), unless otherwise stated in the Service Description. Service is only available for fraud that occurs or is first discovered during Member's Service Period. If check buyer is in the recovery process (actively working with a Resolution Specialist) when the Service Period expires, Member's recovery case will continue until it is resolved, with no time limit.
  3. FraudArmor reserves the right to refuse or terminate the FraudArmor program if the Member (or a person who is a joint account holder with the Member)
    • a) has committed fraud or other illegal acts with respect to an eligible check order or in connection with the request for assistance from FraudArmor,
    • b) made untrue statements in connection with the request for assistance from FraudArmor or to law enforcement or to the relevant financial institution;
    • c) failed to fully cooperate with the Resolution Specialist's efforts to provide the services to or on behalf of the Member;
    • d) failed to exercise ordinary care which substantially contributed to the occurrence of fraud on the applicable checking account; or
    • e) was fooled by an imposter.
  4. In the event that fraud or identity theft occurs outside of the United States, the Services are only performed with agencies and institutions in the United States, or territories where U.S. law applies.
  5. In order to receive certain services, the Member must call the designated toll-free number found at www.Fraud-Armor.com, provide the requested documentation, and cooperate with the assigned FraudArmor Resolution Specialist. The Member may be asked to file a police report with the local law enforcement authority and identify the person or persons who are committing the acts of fraud and identity theft, if known (the "Perpetrator"). The Member will continue to be eligible for services even if it is found that the Perpetrator is a family member or acquaintance. If the Member does not cooperate with the law enforcement investigation of the Perpetrator, FraudArmor may not be able to complete all of the services under this program.
  6. FraudArmor will not be liable to Members if FraudArmor is unable to perform the services or is delayed in performing its obligations due to failures, events, or factors beyond its reasonable control.
  7. Other restrictions may apply in certain states. All terms and conditions are subject to applicable law and may be limited thereby.
  8. FraudArmor is not liable for providing services in the event the program is cancelled by the Member after the printing of the Member's checks which bear the FraudArmor logo and the Member has received a credit for the cost.
  9. Eligibility for recovery services due to identity theft, check fraud and account fraud, is based on fraud events that are discovered or first known to the Member and reported to the Resolution Specialist during the Service Period. Members who experience fraud events that were first known prior to beginning of the Service Period are not eligible for services under this program for those pre-existing events.
  10. FRAUDARMOR DOES NOT PROVIDE CREDIT COUNSELING OR CREDIT REPAIR.
  11. For consumer check purchases, FraudArmor Personal Check and Account Fraud, Identity Recovery, and Lost Document and Lost Wallet services are available to all consumers whose names are printed on the checks for the subject account, and Internet Monitoring is available to one of the persons named on the checks for the subject account. Internet Monitoring is optional and is provided at no additional cost; it requires activation at www.Fraud-Armor.com. If the Member purchases multiple boxes of checks for the same account in a single check order, FraudArmor will apply to all checks in the order, and the term of the services will run concurrently for all checks in the order. If the consumer purchases, in a single order, checks for more than one account with different personalization, FraudArmor services will apply to all checks in the order and all persons named on any check in the order will be eligible for the FraudArmor services.
  12. For business check purchases, FraudArmor Business Check and Account Fraud Remediation, Identity Recovery, and Lost Document and Lost Wallet services are available to one business owner or officer of the company whose name is printed on the checks for the subject account, and Business Checking Account Fraud Remediation and Business Internet Monitoring is available to the business whose name is printed on the checks for the subject account. If the business purchases, in a single order, checks for more than one business account with different personalization, FraudArmor will apply to all checks in the order and the business entity and the business owners or officers of the business named on each account.
  13. If a Member places a reorder of checks within the Service Period, the Service Period will be extended to equal twelve (12) months from the date of the most recent check order ship date, or the use of the last check in the check order, whichever comes first.
  14. FraudArmor does not provide legal advice or replace the need for an attorney or other legal representative, should Member deem that such legal representation is necessary.

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