FRAUDARMOR PLUS™ TERMS AND CONDITIONS OF USE

The FraudArmor Plus™ Check Fraud and Identity Resolution Program is made available by Harland Clarke Corp. in conjunction with its Service Providers (jointly referred to as "FraudArmor Plus"). Together, we provide the suite of services that comprise the FraudArmor Plus Service. Services are provided to the registered individual who subscribes to the FraudArmor Plus "Service", defined in the applicable FraudArmor Plus Service Description (each such subscriber hereinafter called the "Member"). FraudArmor Plus reserves the right to substitute or add additional Service Providers at its discretion. Please read these Terms and Conditions carefully. The 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 you do not agree with these Terms and Conditions, please do not register for any Service or disclose any information to FraudArmor Plus 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 Member, affiliated persons shall be limited to:

The spouse or domestic partner of the 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 Plus 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.

"Identity Theft Event" means:

For individual Members, the fraudulent misappropriation and use of the 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.

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

"Member" means:

For individuals, the consumers whose names are printed on the personal or commercial checks with FraudArmor Plus™.

"Resolution Specialist" is a named individual dedicated to the 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)

"Service Provider" includes those who market FraudArmor Plus to Members as well as those who provide services on Harland Clarke's behalf as part of the FraudArmor Plus Check Fraud and Identity Resolution Program.

"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).
Counterfeit checks written on the account number

PRIVACY

FraudArmor Plus 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 Plus Privacy Policy as it may be amended from time to time.

GENERAL TERMS

FraudArmor Plus Services are currently available to purchasers of checks for personal 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 Plus 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.
FraudArmor Plus 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.

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 Plus,
b) has made untrue statements in connection with the request for assistance from FraudArmor Plus or to law enforcement or to the relevant financial institution;
c) has failed to fully cooperate with the Resolution Specialist's efforts to provide the services to or on behalf of the Member;
d) has failed to exercise ordinary care which substantially contributed to the occurrence of fraud on the applicable checking account; or
e) was fooled by an impostor.

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.
In order to receive certain services, registration and activation are required at www.FraudArmorPlus.com, a secure website operated by our Service Provider. To report a fraud event, the Member must call the designated toll-free number, provide the requested documentation, and cooperate with the assigned FraudArmor Plus 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 Plus may not be able to complete all of the services under this program..
FraudArmor Plus will not be liable to Members if FraudArmor Plus is unable to perform the services or is delayed in performing its obligations due to failures, events, or factors beyond its reasonable control.
Other restrictions may apply in certain states. All terms and conditions are subject to applicable law and may be limited thereby.
FraudArmor Plus is not liable for providing services in the event the program is cancelled by the Member and the Member has received a credit for the cost.
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.
FRAUDARMOR PLUS DOES NOT PROVIDE CREDIT COUNSELING OR CREDIT REPAIR.
For consumer check purchases, FraudArmor Plus 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.FraudArmorPlus.com. If the Member purchases multiple boxes of checks for the same account in a single check order, FraudArmor Plus will apply to all checks in the order, and the term of the services will run concurrently for all checks in the order. In order to receive all FraudArmor Plus benefits, the service must be purchased on each order of checks.
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.
FraudArmor Plus 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.

GENERAL LIMITATIONS

To the fullest extent permissible by law, except as expressly provided in the Service Descriptions, or these Terms and Conditions, FraudArmor Plus 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. FraudArmor Plus has priced each Service based on this limitation of liability, which is an important term of the applicable Service. In no event shall FraudArmor Plus or its Service Providers be liable to Member or any third party for any incidental, indirect, consequential, exemplary, special, or punitive damages, including without limitation, loss of use or lost business, 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 FraudArmor Plus knew or should have known of the possibility of such damages. FraudArmor Plus assumes no responsibility for the timeliness, deletion, failed delivery or failure to store any information obtained or distributed through the Services. Since FraudArmor Plus and its Service Providers obtain data from third parties, such information may, or may not be, completely thorough, timely and accurate. Member shall not rely upon FraudArmor Plus 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 FRAUDARMOR PLUS'S LIABILITY IN CONNECTION WITH ANY SERVICE EXCEED THE AMOUNTS PAID TO FRAUDARMOR PLUS FOR SUCH SERVICE.

FraudArmor Plus 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 FraudArmor Plus's reasonable control.

Neither FraudArmor Plus nor its Service Providers shall be liable for any loss or injury that may arise out of their 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 business decision involves the assumption of a risk, and that FraudArmor Plus does not underwrite that risk in any manner whatsoever.

In order to activate any of the Internet Monitoring Services, Member must provide FraudArmor Plus with true, accurate, current, and complete account registration information and maintain/ update such information on a timely basis. If Member provides any information that is untrue, inaccurate, not current, incomplete, or if FraudArmor Plus determines Member has committed fraud or other illegal acts, or has failed to fully cooperate with FraudArmor Plus's efforts to provide the relevant Service(s) to or on behalf of Member, FraudArmor Plus may immediately suspend or terminate the Member's account for any or all of the Services, and refuse to provide any or all of the same to Member. Any violation of local, state, or federal laws in using any of the Services may result in the immediate termination of the Service, at FraudArmor Plus's sole discretion.

ADDITIONAL TERMS FOR FRAUDARMOR PLUS

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 FraudArmor Plus 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 FraudArmor Plus and deliver such funds to FraudArmor Plus as directed by FraudArmor Plus. 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. FraudArmor Plus 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 businesses registering for the Service will be different than corresponding fees for individual Members. FraudArmor Plus 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 FraudArmor Plus for any portion of Member's Losses. FraudArmor Plus will not advance funds against any Losses unless Member provides to FraudArmor Plus the properly completed documentation requested by FraudArmor Plus reasonably promptly 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 Identity Theft 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 Identity Theft Event. FraudArmor Plus will NOT provide any investigation or documentation regarding the scope or damages of any Identity Theft Event. FraudArmor Plus will NOT as part of the Service, file any civil or criminal complaints, affidavits or pleadings on behalf of Member. FraudArmor Plus will NOT reimburse Member for any financial losses whatsoever. There is no guarantee FraudArmor Plus will be successful in assisting Member to resolving the Identity Theft Event to Member's satisfaction. FraudArmor Plus's ability to perform the Service requires Member's cooperation. FraudArmor Plus 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. FraudArmor Plus will not provide the Service if it discovers that Member or its authorized representatives knew or had reason to know of any applicable Identity Theft Event at the time Member registered for the Service. The Service does not include credit counseling, legal services, or any other service not expressly stated herein.

The following potential Identity Theft Events are NOT included in the Service:

any Identity Theft 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 on for which Member had or should have had knowledge prior to registering for the Service.

ABUSE OF FRAUDARMOR PLUS

Member agrees and understands it will not use any Service to obtain information about a person other than the registered Member. If FraudArmor Plus has reasonable grounds to suspect Member is trying to obtain information about someone else, FraudArmor Plus 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 FraudArmor Plus 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 FRAUDARMOR PLUS DOES NOT PROVIDE INSURANCE AND IS NEITHER AN INSURANCE COMPANY NOR AN AGENT FOR AN INSURANCE COMPANY NOR IS A CREDIT REPAIR ORGANIZATION, IS NOT 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, FraudArmor Plus 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 an Identity Theft 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 FraudArmor Plus regarding the applicable Service(s) and supersedes 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 FRAUDARMOR PLUS 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 FraudArmor Plus, 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: 866-728-5735
Email: info@FraudArmorPlusService.com