TERMS and CONDITIONS

nxg|PROTECT Group Identity Theft Detection and Recovery Services

This document sets forth the Terms and Conditions under which NXG Strategies, LLC and its service providers (collectively “we,” “us,” or “our”) will provide identity theft recovery, monitoring, and other account enhancement services (the “Services”) to eligible consumers (“you” or “your”).

You are eligible for the Services based on your account relationship with a sponsoring organization, such as your bank, credit union, association or other entity which has a group services agreement with us, (“Program Sponsor”) and your account relationship meeting the eligibility requirements established by your Program Sponsor (“Covered Account”).

By utilizing the Services you form this Agreement and acknowledge that you have read and accept these Terms and Conditions of the Services. It is important that you review the “Summary of Benefits” available through your Program Sponsor for additional information about the Services that are available to you.


Definitions

Throughout these Terms and Conditions, the following words have the stated meaning:

Benefits Period - the period of time during which you may access the Services. This begins when your Covered Account first meets the eligibility requirements and ends when your Covered Account no longer meets the eligibility requirements or when your Program Sponsor terminates the Services, whichever comes first.

Identity Recovery Services - Recovery Advocates manage the detection, investigation and remediation of your suspected or confirmed Identity Theft.

Identity Theft - fraud that involves the use of any combination of your name, address, date of birth, Social Security number, bank or credit/debit card account number, or other identifying information without your knowledge, and such information is used to commit fraud or other crimes.

Recovery Advocate - certified professional who provides Identity Recovery Services to you.

Monitoring Entitlement - an entitlement that allows you to register to activate identity monitoring and credit services, at no cost to you.


Terms and Conditions of the Services

  1. The Services are only available to U.S. citizens, living in the United States or living abroad, and legal residents of the United States. The Services are performed with agencies and institutions in the United States, or territories where U.S. law applies. If you do not have a U.S. Social Security number or United States residence address, the Services may not be available.

  2. Members and their 3G Family are collectively called “Group Members” and are entitled to receive access to Fully Managed Identity Theft Recovery through the Services. “3G Family” is defined as the Member and his/her spouse or domestic partner, other IRS-qualified dependents in the household, and parents living at the same address as the Member, or living in hospice, assisted living, or nursing home. Group Members are eligible for Fully Managed Identity Theft Recovery for up to 12 months after death.

  3. The Services are non-transferable and non-cancelable by you and have no cash equivalent. There is no fee to you for the Services.

  4. WE MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES, NOR IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF USAGE, OR OTHERWISE IN CONNECTION WITH ANY SERVICE OR SOLUTION. WE DO NOT WARRANT THAT THE SERVICES SHALL OPERATE ERROR-FREE OR UNINTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT OFFER ANY WARRANTY OF ANY KIND REGARDING THIRD PARTY DATA, SOFTWARE, SYSTEMS OR OTHER TECHNOLOGY.

4. Identity Recovery Services

a. Only Identity Theft incidents that are discovered and reported during the Benefits Period will be covered by the Services.

b. The successful completion of the Services depends on your cooperation. If it is deemed that you are committing fraud or other illegal acts, making untrue statements, or failing to perform your responsibilities as part of the Services, or if you are not eligible for the Services, then the Services may be withheld or terminated.

c. The Services will not be refused or terminated due to the complexity of an Identity Theft incident.

d. THE SERVICES DO NOT INCLUDE CREDIT COUNSELING OR REPAIR TO CREDIT NOT AFFECTED BY FRAUD OR IDENTITY THEFT.

e. While the Services may assist you in seeking reimbursement for funds stolen in an Identity Theft incident, and/or providing assistance for filing a claim for insurance, the Services do not provide a guarantee of reimbursement for financial losses of any kind arising from Identity Theft.

5. Monitoring Entitlement

a. The Monitoring Entitlement is applicable only to consumers age 18 and older who have a valid credit file.

b. YOU MUST ACTIVATE THE MONITORING ENTITLEMENT AND COMPLETE ONLINE IDENTITY AUTHENTICATION TO RECEIVE THE BENEFIT OF CREDIT MONITORING AND OTHER MONITORING.

c. If you do not utilize the Monitoring Entitlement, it does not prevent you from utilizing the other Services, nor does it constitute a failure of the Services.

d. The monthly credit score provided may not be consistent with the credit score model used by a lender, and therefore cannot be relied upon to determine creditworthiness for any particular loan opportunity.

6. Identity Theft Expense Reimbursement Insurance

a. Reimbursement for expenses incurred due to the direct result of any confirmed identity fraud commenced during the policy, along with additional terms, conditions, exclusions and limitations of coverage, is outlined in the Identity Theft Expense Reimbursement Evidence of Coverage forms that can be found on your Program Sponsor’s nxg|PROTECT website.


b. This benefit is underwritten by Lyndon Southern Insurance Company, a member of the Fortegra family of companies, and administered by Source International, Inc. Coverage is currently not available to residents of the state of New York and may not be available in other U.S. territories or jurisdictions in the future.


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