The terms and conditions between COGNILOGIC, LLC (“COGNILOGIC”), and you (“you“), describe the terms under which you may use COGNILOGIC services (“Service“) and the terms and manner in which the Service is provided. You represent that you are over the age of 18, that you reside in the United States, that you have a valid United States Social Security number, and that you have the legal capacity to enter into this Agreement. You agree that your registration for the Services constitutes your acceptance of the terms and conditions of this Agreement. You also agree that your registration with any third party affiliated with COGNILOGIC constitutes your acceptance of the terms and conditions outlined by the third-party on their websites.
1. iDefend® Services. Your iDefend service plan is provided by INVISUS, LLC. iDefend provides coverage for individuals on the individual plan and; on the family plan, provides coverage for the entire family including up to 4 children up to the age of 24 whose primary address is your home address. Coverage begins immediately upon receipt of purchase confirmation by email or other means. Certain identity theft scans and active monitoring is not started until you complete your plan member information setup. It is your responsibility to complete your iDefend plan setup by logging into your online iDefend account and entering all required plan member information. Your online account information and login instructions are sent to you via email upon enrollment. You can contact COGNILOGIC directly for assistance in completing your iDefend plan setup. iDefend® Business and iDefend Services. The iDefend Business and/or iDefend service plan for which you enroll, in accordance with your registration and the service terms and conditions hereof, is provided by INVISUS, LLC and its partners.
2. Coverage. Coverage begins immediately upon INVISUS’ receipt of enrollment and successful purchase confirmation. Coverage includes identity monitoring and resolution of identity theft incidents/events discovered after your enrollment until your subscription is terminated or suspended.
(a) iDefend Business provides identity monitoring and restoration coverage for your business, and personal identity monitoring and restoration coverage for up to two (2) designated company principals. (Additional principals may be added to the Service for an additional cost.) Using the identity information that you provide, the Service will monitor and search Internet “black market” websites, forums, chat rooms, peer-to-peer networks, and other available sources for the illegal selling, trading, or compromise of your identity information using certain proprietary technologies owned by or under license to INVISUS. If INVISUS determines that your identity information has been compromised, INVISUS will notify you via telephone, email, postal mail, or other means. An INVISUS Recovery Specialist will then assist you with a recommended course of action.
- (i). iDefend Business – Business Monitoring
Each iDefend Business subscribing company must designate one company principal who will be the primary account manager for the Service on behalf of the subscribed company. It is the responsibility of this designated principal to complete your iDefend Business Service setup by logging in online to your INVISUS iDefend Business online customer account center and entering, at a minimum, all required company information in the Business Identity Profile (“BIP”). (For more complete and proactive monitoring, additional optional information may also be entered in the BIP. Instructions are included in the online account center.)
Although coverage, including restoration services, is in force upon enrollment, certain identity theft scans and active monitoring activities cannot be conducted until your iDefend Business BIP setup has been completed and you have provided the basic required business information. Complete instructions are sent directly to the designated primary iDefend Business account manager via email, direct mail, or other means. You can contact INVISUS’ iDefend Customer Service at (801)724-6211 for assistance in completing your iDefend Business plan setup.
(ii). iDefend – Principal Monitoring (Covered Individuals)
iDefend Business service automatically includes individual protection coverage for up to two (2) designated company principals who are legally registered owners of the business. (Additional principals may be added for an additional cost.) Each covered principal is provided their own private, secure online account center to enter and manage their individual personal information for identity theft monitoring and protection.
It is the responsibility of you and each of the other enrolled principals of your business to complete your individual iDefend service setup by logging in to your respective INVISUS online customer accounts and entering, at a minimum, all required personal information in the Personal Identity Profile (“PIP”). (For more complete and proactive monitoring, additional optional information may also be entered in the PIP. Instructions are included in the online account center.)
Although coverage, including restoration services, is in force upon enrollment, certain identity theft scans and active monitoring activities cannot be conducted until your personal iDefend PIP setup has been completed and you have provided the basic required personal information. Complete instructions are sent directly to via email, direct mail, or other means. You can contact INVISUS’ iDefend Customer Service at (801)724-6211 for assistance in completing your iDefend personal plan setup.
(b). You agree that you will protect your business and personal Information in a reasonable way at all times.
(c). You agree that your iDefend Business and/or iDefend personal service does not include or provide reimbursement for actual financial losses.
2. Term. The term of this Agreement will continue month to month until terminated by you or COGNILOGIC. COGNILOGIC may terminate this Agreement at any time upon notice to you with or without cause. Coverage includes identity monitoring and resolution of identity theft incidents/events discovered after your enrollment until your subscription is terminated or suspended.
3. Risk Free Service Guarantee. IF YOU ARE NOT SATISFIED WITH YOUR SERVICE FOR ANY REASON, YOU MAY CANCEL WITHOUT FURTHER OBLIGATION OR PENALTIES.
4. Authorization. In enrolling in the Service, you authorize COGNILOGIC and its service providers to obtain and monitor your information from credit reporting agencies and/or other monitoring services as necessary to provide the Service and to make information available to you for your own use in accordance with the requirements of the Fair Credit Reporting Act.
5. Account Set-Up, Monitoring. It is the responsibility of you and each of the other enrolled members in your service plan to complete your individual iDefend service setup by logging in to your INVISUS online customer account and entering, at a minimum, all required personal information in the Personal Identity Profile (“PIP”). (For more complete and proactive monitoring, additional optional information may also be entered.)
Although coverage, including restoration services, is in force upon enrollment, certain identity theft scans and active monitoring activities cannot be conducted until your account setup has been completed and you have provided the basic required personal information. Complete instructions are sent directly to you via email, direct mail, or other means. You can contact iDefend Customer Service at (801)724-6211 for assistance in completing your iDefend personal plan setup.
6. Payment. You agree that you will make any required payments on a timely basis for the Services on a monthly or annual basis (as determined by you when you enroll, or if applicable, as determined by the third party). In the case of direct payment, you authorize either INVISUS or COGNILOGIC to: (a) charge your credit or debit card; (b) automatically charge your credit card on a monthly or annual basis for your recurring monthly or annual renewals; and (c) obtain automatic updates for any expiring credit cards you have provided INVISUS or COGNILOGIC. You may change your service account billing to a different credit card at any time online, or by calling INVISUS or COGNILOGIC customer service. Changes to your monthly billing based on additions to or cancellations to your account will be prorated for the days used during the month of change. You are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services unless notified otherwise.
With Sucuri, you will be responsible for payment of the applicable fee (the “Service Subscription Fee”) at the time you create your Account and select your annual package (the “Service Commencement Date”). All fees will be billed to the credit card or PayPal account you designate during the registration process.
If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online at Sucuri.net or send an e-mail to Sucuri Sales. Company will automatically renew your subscription on each anniversary of the Service Commencement Date (each, a “Renewal Commencement Date”).
7. Late payments, Account Suspended. If, for any reason, payment is not made on the day it is due, your service will be automatically suspended until your account is brought current.
INVISUS will notify you of any past due amounts by email and/or by phone. Accounts that reach 60 days past due will be terminated by INVISUS or COGNILOGIC. Past due accounts are returned to current status upon payment in full of all past due amounts. Either INVISUS or COGNILOGIC may, to the extent permitted by law, charge a late fee of up to one and one-half percent (1.5%) a month (18 percent annually), or a flat $5 a month late fee, whichever is greater, on unpaid balances. INVISUS or COGNILOGIC may charge a $25 service fee for any returned check or denial of payment by credit card, depending on applicable law. INVISUS or COGNILOGIC may also charge for any collection agency fees billed trying to collect from you.
8. Cancellation. To cancel your service, you as the primary account holder must request account cancellation by calling iDefend Customer Service at COGNILOGIC at (801) 724-6211. For privacy and security purposes, upon account verification, you will then be given instructions by phone to submit your cancellation request in writing, either by mail or email. Upon receipt of your written cancellation request, your iDefend account will be terminated immediately.
You will have thirty (30) days from the Service Commencement Date or any Renewal Commencement Date to cancel the Sucuri Service (the “Cancellation Period”), in which case Sucuri will refund your Service Subscription Fee for the applicable Service Term provided that you have not submitted a Malware Removal Request during the Cancellation Period.
You agree that you will make any cancellation request by way of a general request ticket that you submit through Sucuri’s ticketing system. In the event that you are using a PayPal account to make payments hereunder, you must also log in and cancel your recurring payments via your PayPal interface. Except as set forth above, your Service Subscription Fee shall be non-refundable.
For monthly payment plans, there are no refunds for unused days for the month in which you cancel your service. For annual pre-paid memberships, there are no refunds provided for the months of service you received prior to cancellation.
9. Your Conduct. You agree that you will always protect your personal information in a reasonable way. Accordingly, you will not recklessly disclose or publish your Social Security number or any other Personal Information to those that would reasonably be expected to improperly use or disclose that Personal Information, such as in response to “phishing” scams, unsolicited emails, or pop-up messages seeking disclosure of your personal information.
10. Credit Reports, Credit Scores, Credit Monitoring. Certain iDefend service plans include credit monitoring, credit reports, and credit scores. By enrolling in the Service, you authorize COGNILOGIC and its service providers to obtain and monitor your information from credit reporting agencies to provide the Service and to make information available to you for your own use in accordance with the requirements of the Fair Credit Reporting Act.
Federal law (Section 211 of the Fair and Accurate Credit Transactions Act) provides you the right to obtain a free annual copy of your credit report from each of the national credit reporting agencies. THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. You have the right to a free credit report from AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law.
You understand that there are numerous credit scores and models available in the marketplace and lenders may use a different score when evaluating your creditworthiness. If you have questions regarding your credit score or would like to dispute information in your credit file, you may request an investigation by contacting the credit reporting company that supplied the information, as indicated in your credit report. You understand that you may obtain a copy of your credit score from a credit reporting agency for a statutorily set fee, pursuant to 609(f) of the Fair Credit Reporting Act.
11. Identity Theft Incidents – Requirements and Actions. Prompt reporting of fraudulent, unusual, or suspicious activity is critical to minimizing potential losses and resolving incidents. Therefore, you agree that (a) You will promptly notify INVISUS, without reasonable delay, in the event that your wallet, purse, or identity information is lost or stolen; and (b), You will promptly notify INVISUS, without reasonable delay, upon discovery that someone has improperly used, or attempted to use, your identity information to impersonate or commit fraud; and (c), You will fully cooperate and be truthful with the INVISUS Recovery Specialists, and you will execute or provide any documents INVISUS, and/or its service providers, reasonably requires to provide services on your behalf.
Upon notification of an identity theft / fraud incident, you will be assigned an expert business Identity Recovery Specialist who will confirm and help to determine if and how your business’ identity has been compromised, and will develop a personalized recovery plan. Through a Limited Power of Attorney, the Recovery Specialist will help contact, coordinate, and file disputes on your behalf with appropriate Secretaries of State and state government entities, creditors, credit bureaus, bill collectors, financial institutions, and agencies such as the IRS, DMV, SS Administration, U.S. Postal Service, etc. Where possible, the recovery process includes coordination with law enforcement to assist in the apprehension and prosecution of the identity thief.
12. ID Theft Recovery Expense Reimbursement. To make your total identity restoration as painless and hassle-free as possible, iDefend provides you with up to $25,000 in expense reimbursements for your out-of-pocket costs associated with your identity recovery including lost wages and attorney services
13. Computer Services. Certain INVISUS computer security services may be included with your iDefend service plan. For additional costs, you may request additional assistance or enhanced computer services that are available but are not included with your iDefend plan. You understand and agree to the following:
By design, you must request service from INVISUS and allow our technicians to work with you and your computer(s). INVISUS cannot gain access to your system in the absence of your request, on-line presence and involvement in the process. You have the option to allow, decline, halt the advancement of, and/or terminate the on-line remote session.
When you contact our technical support call center, you will speak with an INVISUS technician. The technician will address the questions and technical difficulties you are seeking help to resolve with your computer(s). The technician may offer to remotely connect to your computer on a secure connection through the Internet to provide the service. Each session is private and secure, initiated at your request, and enables you to watch your technician work right on your screen. Once service has been provided, you will be able to terminate the connection, or watch the technician terminate the connection with your computer and peripherals. You may exercise the option of keeping the remote connect plug-in installed for future sessions. You may only use the remote on-line support services during the session requested by you. You must initiate subsequent requests for service.
If resolving your problem requires downloading software or accessing Internet resources through various portals or websites, your technician will offer you some suggestions but you will ultimately determine what you authorize or allow.
As part of the service, COGNILOGIC may suggest that you license or use software from third parties in addition to INVISUS software. It is your responsibility to comply with all licensing and regulatory requirements associated with any third party software. You further understand and acknowledge that any software, materials or resources you acquire and/or install (or un-install) as part of the service provided by INVISUS may not function properly and/or cease to operate at any time. If you link to a web site that is provided for your convenience during the service, you acknowledge, agree and accept that the links provided/used are maintained by their respective organization, entity or business and that organization, entity or business is responsible for any and all content and/or consequences related to the use of those links/websites. In any event, COGNILOGIC does not represent, warrant or guarantee the reliability of any software product that you choose to license or use at any time during, after, or prior to the Service.
COGNILOGIC may from time to time be unable to provide the services requested due to catastrophic events, electrical power outages, website maintenance, virus activity, difficulty with Internet access that is beyond the control of COGNILOGIC, and other reasonable circumstances.
COGNILOGIC is not responsible for lost files or data. We recommend that you establish or maintain a separate and external backup file of the programs and information stored on your computer for the reconstruction of any data before seeking technical services from COGNILOGIC, INVISUS, PROGREXION or SUCURI.
14. Cyberhood Watch. You understand and agree that the alerts, tips and other information provided to you as part of the Cyberhood Watch program is published to Cyberhood Watch members as general information and self-help resources, and in no way guarantees your safety, privacy or security. You also understand and agree that all content from the Cyberhood Watch program is copyright protected and may not be copied, duplicated or otherwise used without express written permission from INVISUS.
15. Privacy. The information you provided as part of your INVISUS or SUCURI service signup will be transmitted securely and your confidential information will be kept private. We will not share your account or personal information with others without your permission, except as specifically required to perform and deliver your Services. We can, however, share and use this information as required by law, by legal processes, by exigent circumstances, or to protect ourselves. We may also use this information to communicate with you about goods and services related to COGNILOGIC, INVISUS, PROGREXION or SUCURI products and services.
All employees, agents or representatives that act on behalf COGNILOGIC are contractually obligated to keep all information deserving legal protection confidential and private. Our technicians only interact with or work with files, programs, and information on your computer(s) that you provide or that are necessary to perform the services you request. Our technicians will not use the remote online connection tools to obtain confidential or sensitive information stored on your computer(s), deliberately damage the information on your computer(s), or cause you to experience system problems. The Internet itself is not a secure network. The best available technology does not and cannot guarantee that data that you transmit or receive over the Internet will not be intercepted or corrupted by sources beyond the control of COGNILOGIC.
16. Service Upgrades, Downgrades, Transfers. Only the account holder on record with INVISUS or SUCURI may change the service(s) associated with your account. Certain upgrade or transfer fees may apply for upgrading or switching to different services. The iDefend service or Sucuri may not be transferred from one account owner to another. Credit will be applied towards new services for amounts already paid annually.
17. Changes to Service. Your account and service are subject to change without notice. COGNILOGIC, INVISUS, and SUCURI reserve the right to change prices, change or modify services, and agreement terms at any time by providing you written notice of such changes prior to the billing period in which the changes will go into effect. If you continue your service after that point, you accept the changes. If the changes have a material adverse effect on you, however, you can cancel your service without early termination fees or penalties by calling INVISUS Customer Service at (801) 724-6211 within 30 days after the changes have become effective.
18. Disclaimer of Warranties. ALL SERVICES ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY, & ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, NON-INTERFERENCE, ACCURACY, & NON-INFRINGEMENT ARE DISCLAIMED. YOU UNDERSTAND AND AGREE THAT COGNILOGIC DOES NOT GUARANTEE YOUR PROTECTION. COGNILOGIC DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR ACHIEVE ANY SPECIFIC RESULTS; AND, COGNILOGIC DOES NOT AUTHORIZE ANY PERSON OR COMPANY TO MAKE ANY WARRANTIES ON ITS BEHALF.
YOU AGREE AND UNDERSTAND THAT YOUR IDEFEND OR SUCURI SERVICE DOES NOT INCLUDE OR PROVIDE REIMBURSEMENT FOR ACTUAL FINANCIAL LOSSES.
NEITHER COGNILOGIC or INVISUS ARE CREDIT COUNSELING OR CREDIT REPAIR COMPANIES, AND NEITHER COGNILOGIC or INVISUS PROMISE TO HELP IMPROVE YOUR CREDIT, CREDIT HISTORY, OR CREDIT RATING.
19. Limitation of Liability. IN NO EVENT SHALL COGNILOGIC AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY INCIDENT OF IDENTITY THEFT, LOSS OF DATA, INTERRUPTION OF SERVICE, OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR DAMAGES OF ANY KIND, HOWEVER AND WHEREVER ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COGNILOGIC SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY THIRD PARTY CLAIMS, INCLUDING BUT NOT LIMITED TO ANY PARTY THAT YOU ENROLL OR CAUSE TO BE ENROLLED IN THE SERVICES. COGNILOGIC’ TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU OR ON YOUR BEHALF FOR THE SERVICES. THIS SECTION IS A FUNDAMENTAL PART OF OUR SERVICE AGREEMENT, WITHOUT WHICH COGNILOGIC WOULD NOT BE ABLE TO PROVIDE THE SERVICE, AND THIS SECTION WILL APPLY DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow certain limitations of damages, so the foregoing may not apply to you.
20. General. This Agreement constitutes the entire agreement between COGNILOGIC and you.
- (a). Jurisdiction. You agree that this Agreement and any Service(s) provided hereunder will be governed by the laws of the State of Nevada, without regard to its conflict of law principles, or to any laws that would direct the choice of another state’s laws; and, where applicable, will be governed by the federal laws of the United States of America.
(b). Arbitration. You agree that any disputes arising from this Agreement will be settled by third party mediation or arbitration in the state of Nevada. Only a qualified arbitrator can decide whether an issue is appropriate for arbitration. An arbitrator can allocate the fees and costs of arbitration in an award to the prevailing party. Any arbitration award made after completion of any arbitration is final and binding and may be confirmed in any court of competent jurisdiction.
(c). Sever ability. In the event that any provision of this Agreement shall for any reason be held, by a court of competent jurisdiction, to be invalid, illegal or unenforceable in any respect, the remaining provisions of that section and this Agreement shall remain in full force and effect.