CheckArmor® TERMS AND CONDITIONS OF USE

The CheckArmor® Check Fraud and Advancement Program is made available by Harland Clarke Corp. in conjunction with its Service Providers (jointly referred to as “CheckArmor”). Together, we provide the suite of services that comprise the CheckArmor Service. Services are provided to the registered individual or single business who subscribes for the CheckArmor "Service”, defined in the applicable CheckArmor Service Description (each such subscriber hereinafter called the "Member") or are provided the Service at no charge through their financial institution check ordering program. CheckArmor reserves the right to substitute or add additional Service Providers at CheckArmor'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 CheckArmor 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 CheckArmor 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 a President, Vice President, Secretary, or Treasurer of the Company.

"Losses" means, with respect to any order, any debits from Member's checking account for cleared checks due to the Subject Check Fraud.

"Resolution Specialist" means 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 Subject check fraud event Subject check fraud event , any occurrence of:

a forged signature (a legitimate 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).
a counterfeit check (Applies to a document that purports to be a legitimate check drawn from your account, but in fact is not a legitimate check that results in an unauthorized debit to your checking account.)

PRIVACY

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

GENERAL TERMS

1. CheckArmor 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, its territories, or on U.S. Military bases; and (ii) companies domiciled in the United States or its territories (“Members”). CheckArmor 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. CheckArmor Services are available for up to one year from the date check order is shipped or until the last check in Member’s check order is used, 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. CheckArmor reserves the right to refuse or terminate the CheckArmor 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 CheckArmor,
b) made untrue statements in connection with the request for assistance from CheckArmor 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 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.CheckArmor.com, provide the requested documentation, and cooperate with the assigned CheckArmor 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, 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, CheckArmor may not be able to complete all of the Services under this program.

6. CheckArmor will not be liable to Members if CheckArmor 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. CheckArmor 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 CheckArmor logo.

9. Eligibility for recovery services due to check 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. CHECKARMOR DOES NOT PROVIDE CREDIT COUNSELING OR CREDIT REPAIR.

11. For consumer check purchases, CheckArmor Services are available to all consumers whose names are printed on the checks for the subject account. If the Member purchases multiple boxes of checks for the same account in a single check order, CheckArmor 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, CheckArmor services will apply to all checks in the order that have CheckArmor associated with it and all persons named on any check in the order will be eligible for the CheckArmor Services.

12. For business check purchases, CheckArmor Business Check and Account Fraud Remediation Services are available to one business owner , officer or a member of the board of directors of the company whose name is printed on the checks for the subject account, and Business Check Fraud Remediation 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, CheckArmor will apply to all checks in the order that have CheckArmor associated with it 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. CheckArmor 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

DESCRIPTION OF CHECKARMOR SERVICE

Description of CheckArmor Service:

Check Fraud Restoration & Advancement
CheckArmor Defense

CHECK FRAUD RESTORATION & ADVANCEMENT

The Service applies to personal or business checks that have been affected by forged signatures, forged endorsements, check alterations, and/or counterfeiting.

Resolution Specialists are available to assist customers should they have any questions or concerns about potential or suspected check fraud. In the event of check fraud, a dedicated Resolution Specialist will perform assisted or fully-managed check fraud restoration services on behalf of victims and coordinate with customer's applicable bank or financial institution.

Fully managed means that, in addition to advising customers on the best procedures to help prevent fraud or to respond to a fraud event, a Resolution Specialist can also act on behalf of customers in some situations by obtaining an executed limited power of attorney form.

The Service advances funds to customer for losses that would later be credited to the customer's account by its bank or financial institution. Funds up to a maximum of $25,000 per fraud event will be advanced for all checks to which the Service applies and within 72 hours of filing a police report and submitting all necessary documents.

If the customer should be forced to close the affected checking account due to fraud, the Resolution Specialist will assist with the check replacement facilitation process. The Resolution Specialist works with the customer’s applicable bank or financial institution and the check printer, allowing the customer to quickly resume normal financial transactions.

CHECKARMOR DEFENSE

FRAUDARMOR PLUS CREDIT MONITORING

This Service is provided in the case of a lost checkbook or check fraud event. Our CheckArmor Defense is a process designed to isolate and assist in the recovery from a lost checkbook or fraud event. It is designed to help the customers take the necessary steps to help prevent fraud from happening again. Oftentimes, fraud is an isolated incident; however, in many cases, the fraudulent event is a symptom of a much larger problem. Therefore, even after the resolution of the fraud event, a dedicated Resolution Specialist will be available to perform assisted or fully-managed restoration services on behalf of victims and coordinate with customer's applicable bank, financial institution, and/or other agencies.

In the event of check fraud, after resolution of the fraud event, the customer receives complimentary enrollment in FraudArmor*, plus the added protection of Credit Monitoring* or D&B Monitoring for one year.

FraudArmor enhances the CheckArmor product by adding Identity Restoration and Internet Monitoring. The Service will scan black market chat rooms in search of personal and financial information and provide alerts in the event the information is discovered.

Credit Monitoring scans for changes and new activity from the credit bureau allowing the customer to validate that the credit related activity is their own. It then provides e-mail alerts and/or phone notifications of activities discovered in the process of monitoring changes to the customer’s credit report.

Business owners will have access to their Dun & Bradstreet report on a quarterly basis to help prevent the incidence of fraud.

*Monitoring services require an on-line account and activation.

GENERAL LIMITATIONS

To the fullest extent permissible by law, except as expressly provided in the Service Descriptions, or these Terms and Conditions, CheckArmor makes no warranties of any kind regarding any Service, either express or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose. CheckArmor has priced each Service based on this limitation of liability, which is an important term of the applicable Service. In no event shall CheckArmor or its Service Providers be liable to a Member or any third party for any incidental, indirect, consequential, exemplary, special, or punitive damages, including without limitation loss of use or lost businesses, revenue, profits, or goodwill, arising in connection with any Service or the unavailability thereof, or these Terms and Conditions, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if CheckArmor knew or should have known of the possibility of such damages. CheckArmor assumes no responsibility for the timeliness, deletion, failed delivery or failure to store any information obtained or distributed through the Services. Since CheckArmor and its subcontractors obtain data from third parties, such information may, or may not, be completely thorough, timely, and accurate. Member shall not rely upon CheckArmor for the accuracy or completeness of information supplied in using any of the Services. EACH SERVICE IS AVAILABLE ON AN "AS IS" BASIS ONLY. IN NO EVENT SHALL CHECKARMOR’S LIABILITY IN CONNECTION WITH ANY SERVICE EXCEED THE AMOUNTS PAID TO CHECKARMOR FOR SUCH SERVICE.

CheckArmor will not be liable if it is unable to perform or deliver any part of the Services or is delayed in performing any such obligations due to failure of any of data processing systems, hardware systems, the Internet, or because of any incident, event, or factor outside CheckArmor’s reasonable control.

Neither CheckArmor nor its Service Provider shall be liable for any loss or injury that may arise out of its acts or omissions, whether negligent or otherwise, in obtaining, distributing, compiling, collecting, interpreting, reporting, communicating, or delivering any applicable Service. Member understands and agrees that every financial decision involves assumption of a risk, and that CheckArmor does not underwrite that risk in any manner whatsoever.

ADDITIONAL TERMS FOR CHECKARMOR

The Check Fraud Restoration and Advancement Service applies only to checks drawn from the bank account identified in the check order. Check Fraud Restoration and Advancement apply only if the facts alleged in Member's police report indicate that Member has a valid request for the advanced funds under applicable provisions of the Uniform Commercial Code, and the Member does not misrepresent such facts. If Member is advanced funds by CheckArmor as a result of losses and paid a second time for the Losses by the Member's applicable bank or financial institution, Member shall hold the second payment as an agent for CheckArmor and deliver such funds to CheckArmor as directed by CheckArmor. Any Losses must arise from fraud involving a check drawn on a checking account at a bank domiciled in the United States or its territories and must be reported to law enforcement authorities as evidenced by a police report in the United States or U.S. Territories. CheckArmor reserves the right to not advance funds to any Member for any Losses incurred by Member as a result of any Subject Check Fraud perpetrated by (i) Member, (ii) any employee or agent of Member and/or any other person who is a joint account holder with Member, and (iii) any Affiliated Persons unless a police report is filed against the Affiliated Person who was the perpetrator of the Subject Check Fraud.

Due to the higher incidence of fraud against businesses and the larger size of funds needed to provide the Service to businesses, fees for companies registering for the Service will be different than corresponding fees for individual Members. CheckArmor reserves the right, at its sole discretion, to collect from the Member any portion of the advanced funds that Member had received in the event that Member's bank or financial institution does not reimburse CheckArmor for any portion of Member's Losses. CheckArmor will not advance funds against any Losses unless Member with reasonable promptness provides to CheckArmor the properly completed documentation requested by CheckArmor and, in any event, on or before the earlier of thirty (30) days after (i) Member discovering the Subject Check Fraud; and (ii) Member being provided with the bank statement reflecting, or the original or a copy of the check that is the subject of the Subject Check Fraud; or the time period for which Member's financial institution requires the reporting of check fraud.

The Service does not include any effort to improve Member's credit score or history for any items or incidents not related to the Subject check fraud event Subject check fraud event . The Service is expressly limited to the services stated in the applicable Service Description. The Service does NOT apply to any acts of copyright, trademark, service mark, patent or other intellectual property infringement/dilution, or to any other events not expressly defined herein as an Subject check fraud event Subject check fraud event . CheckArmor will NOT provide any investigation or documentation regarding the scope or damages of any Subject check fraud event Subject check fraud event . CheckArmor will NOT, as part of the Service, file any civil or criminal complaints, affidavits or pleadings on behalf of Member. CheckArmor will NOT reimburse Member for any financial losses whatsoever. There is no guarantee CheckArmor will be successful in assisting Member to resolving the Subject check fraud event Subject check fraud event to Member's satisfaction. CheckArmor’s ability to perform the Service requires Member's cooperation. CheckArmor reserves the right to refuse or terminate the Service if it determines that Member or its representatives are committing fraud or other illegal acts, making untrue statements, or failing to fully cooperate with its efforts to restore credit records. CheckArmor will not provide the Service if it discovers that Member or its authorized representatives knew or had reason to know of any applicable Subject check fraud event Subject check fraud event at the time Member registered for the Service. The Service is available only to adult individuals residing in the United States. The Service does not include credit counseling, legal services, or any other service not expressly stated herein.

The following potential Subject check fraud event Subject check fraud event s are NOT included in the Service:

any Subject check fraud event Subject check fraud event for which Member is unwilling to prosecute the person who caused Member to suffer the fraud or its consequences;
any dishonest, criminal, malicious, or fraudulent act in which Member participated; or
any pre-existing stolen identity event based on information for which Member had or should have had knowledge prior to registering for the Service.

ABUSE OF CHECKARMOR

Member agrees and understands it will not use any Service to obtain information about a person other than the registered Member. If CheckArmor has reasonable grounds to suspect Member is trying to obtain information about someone else, CheckArmor may suspend or terminate any Service. Member understands and agrees not to use any Service for consumer credit purposes, consumer insurance underwriting, pre-employment purposes, tenant screening purposes, or for other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C Sec. 1681 et seq.) or similar statute. Member must use any Service in strict compliance with the Gramm-Leach Bliley Act (U.S.C. Title 15, Chapter 94, Section 6801 et seq.) and similar state statutes, if applicable. By registering for any Service, Member authorizes and instructs CheckArmor and its agents to act on Member's behalf by accessing and using any available online searchable databases on behalf of Member for the purpose of obtaining and gathering information about Member for Member's sole use and benefit and, in certain cases, to remove information about Member from such databases. The public information that any Service obtains is delivered via the Internet by a digital dashboard that contains alert flags and nationwide public record information that is obtained from third parties as well as proprietary databases and derived information.

MEMBER AGREES THAT CHECKARMOR DOES NOT PROVIDE INSURANCE AND IS NEITHER AN INSURANCE COMPANY NOR AN AGENT FOR AN INSURANCE COMPANY. NOR IS IT A CREDIT REPAIR ORGANIZATION OR A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP MEMBER IMPROVE MEMBER’S CREDIT HISTORY OR RATING. Member agrees that, unless specified in the applicable Service Description, CheckArmor will not make payments to Member or otherwise be liable or responsible for any loss, damage or liability Member may incur in any way related to a Check Fraud Event (or otherwise), including, without limitation, any monetary, financial or other economic loss, theft or damage of any kind.

MISCELLANEOUS

These Terms and Conditions and the Services shall be governed by and enforced pursuant to the laws of the State of Texas. These Terms and Conditions and the documents referenced herein collectively serve as the sole and exclusive agreement between Member and CheckArmor regarding the applicable Service(s) and supersede all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. If any provision of these Terms and Conditions is held to be invalid or otherwise unenforceable, the remainder of these terms will remain in full force and effect and will in no way be invalidated or otherwise affected.

MEMBER AND CHECKARMOR EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THE SERVICE AND/OR THESE TERMS AND CONDITIONS AND AGREE TO EXCLUSIVE AND MANDATORY VENUE OF ANY DISPUTE RESOLUTION PROCESS OR PROCEEDING IN THE APPROPRIATE FORUM IN SAN ANTONIO, BEXAR COUNTY, TEXAS. MEMBER SHALL BE ENTITLED TO PARTICIPATE REMOTELY.

Member hereby agrees to indemnify and hold harmless CheckArmor, its affiliates, officers, directors, employees, consultants, agents, service providers, from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorney's fees) arising from any claim relating to Member's use of any Service or violation of any law or rights of a third party.

Member inquiries regarding any Service should be sent as follows:
Phone: 1 (877) 459-0050
Email: CheckArmor@FraudArmor.com