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IDENTITY FRAUD


(A stock company herein called the Company.)


D DECLARATIONS
P POLICY PERIOD: As of the first of the month following the month of purchase as long as payments are received.
M POLICY HOLDER: Any individual, couple or household with proof of purchase.
A ADDRESS: Any individual, couple or household with an address corresponding to proof of purchase.
GUARANTEE AFFORDED is only with respect to the following coverage(s), subject to all terms of this Policy having reference thereto.
A AGREEMENTS LIMIT OF GUARANTEE DEDUCTIBLE AMOUNT
IDENTITY FRAUD EXPENSE COVERAGE $25,000.00 $ZERO
E ENDORSEMENTS:
__________________________________
Authorized Company Representative



AGREEMENT
(1)IDENTITY FRAUD EXPENSE COVERAGE
To reimburse a Guaranteed Person for Expenses incurred by the Guaranteed Person as the direct result of any one Identity Fraud commenced during the policy period.

Only a Guaranteed Person in good standing will be entitled to coverage under this Agreement (1).
CONDITIONS
1) Definitions:
a) “Expenses” means

i) Costs for notarizing fraud affidavits or similar documents for financial institutions or similar credit grantors or credit agencies that have required that such affidavits be notarized.

ii) Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors.

iii) Lost wages as a result of time taken off from work to meet with, or talk to, law enforcement agencies, credit agencies and/or legal counsel, to complete fraud affidavits, or due to wrongful incarceration arising solely from someone having committed a crime in the Guarantee’s name, up to a maximum payment of $500 per week for a maximum period of four weeks. Lost wages shall not apply in the case of wrongful incarceration absent all charges being dropped or an acquittal.

iv) Loan application fees1 for re-applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information,

v) Charges incurred for long distance telephone calls to merchants, law enforcement agencies, financial institutions or similar credit grantors, or credit agencies to report or discuss an actual Identity Fraud.


vi) Reasonable attorney fees incurred, with the Company’s prior consent, for:
(a) defense of lawsuits brought against the Guaranteed Person by merchants or their collection agencies,
(b) the removal of any criminal or civil judgments wrongly entered against a Guaranteed Person, and
(c) Challenging the accuracy or completeness of any information in a consumer credit report.

b) “Identity Fraud” means the act of knowingly transferring or using, without lawful authority, a means of identification of a Guaranteed Person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law or a felony under any applicable state or local law.

c) “Guaranteed Person” means any natural person who is currently subscribed individually or to a Membership Program that has been specifically expanded by the Master Policy Holder to include the protection afforded by this Policy.

d) “Master Policy Holder” means the entity named in the Declarations as the Master Policy Holder.

e) “Membership Program” means a membership program or affinity group sponsored by the Master Policy Holder and that is specifically named within an endorsement attached to this Policy.

f) “Policy Period” is as of the 1st month following the month of purchase for as long as payments have been received.

2) Exclusions This Policy does not apply:

a) to loss due to any fraudulent, dishonest or criminal act by an Guaranteed Person or any person acting in concert with an Guaranteed Person, or by any authorized representative of an Guaranteed Person, whether acting alone or in collusion with others;

b) to loss other than Expenses



c) to an Identity Fraud that commenced, or Expenses incurred, when an individual was not an Guaranteed Person.

d) to loss due to nuclear reaction, nuclear radiation or radioactive contamination, or due to any act or condition incident to any of the foregoing; or

e) to loss due to war, whether or not declared, civil war, insurrection, rebellion, revolution, or to any act or condition incident to any of the foregoing.

3) Policy Period - Discovery - This Policy applies only to Identity Fraud, occurring anywhere in the world, which is either commenced during, or occurs wholly during, the Policy Period and is reported to the Company during the Policy Period or within 30 days following the termination of either

a) this Policy; or

b) Membership of the Guaranteed Person in a Membership Program.

4) Limits of Guaranteed - Under this Agreement (1), the limit of the Company’s liability per Guaranteed Person for loss covered under this Policy shall not exceed the applicable Limit of Guaranteed shown in the Declarations. Under this Policy, all losses incidental to an act or series of related acts or arising from the same method of operation, whether committed by one or more persons shall be deemed to arise out of one occurrence and shall be treated as one loss. However, solely with respect to this Agreement (1), should one such act cause a covered loss to more than one Guaranteed Person, the available Limit of the Guaranteed under this Policy and the deductible amount shall apply to each Guaranteed Person separately.
Regardless of the number of Programs that a Guaranteed Person is a member of, the Company’s liability to such Guaranteed Person for loss covered under this Policy shall not exceed the applicable Limit of Guarantee shown in the Declarations.

5) Deductible - The Company shall be liable only for the amount by which any loss exceeds the applicable Deductible Amount as shown in the Declarations. This Deductible Amount applies to each and every loss and shall have no aggregate limitation.

6) Recoveries - Any recoveries, less the cost of obtaining them, made after settlement of loss covered by this Policy will be distributed as follows:

a) first, to the Guaranteed Person, until the Guaranteed Person is reimbursed for any loss that was sustained by the Guaranteed Person that exceeds the Limit of the Guarantee and the Deductible Amount, if any;

b) then to the Company, until the Company is reimbursed for the settlement made; and

c) then to the Guaranteed Person until the Guaranteed Person is reimbursed for that part of the loss equal to the Deductible Amount, if any.

Recoveries do not include any recovery from Guarantee, suretyship, reinsurance, security or indemnity taken for the Company’s benefit.

7) Ownership Interests Covered - This Policy shall be for the sole use and benefit of the Guaranteed Persons and the Policy Holder. It provides no rights or benefits to any other person, entity, or organization.


8) Guaranteed Person’s Duties When Loss Occurs — Upon knowledge or discovery of loss or of an occurrence which may give rise to a claim under the terms of this Policy, the Guaranteed Person shall give notice thereof as soon as practicable to the Company, and file detailed proof of loss, duly sworn to, with the Company within four months after the discovery of loss. If the loss involves a violation of law, the Guaranteed Person shall also notify the police.

Upon the Company’s request, the Guaranteed Person shall submit to examination by the Company, subscribe the same, under oath if required, and produce for the Company’s examination all pertinent records, all at such reasonable times and places as the Company shall designate, and shall cooperate with the Company in all matters pertaining to loss or claims with respect thereto. Compliance with all terms and conditions of this Policy are conditions precedent to recovery under this Policy.

The Guaranteed Person shall keep books, receipts, bills and other records in such manner that the Company can accurately determine there from the amount of any loss. At any time subsequent to the reporting thereof to the Company, the Company may examine and audit the Guaranteed Person’s books and records as they relate to a loss under this Policy.

9) Other Guarantees or Guarantee - If there is any other valid and collectible guarantees or Guarantee which would apply in the absence of this Policy, the guarantee under this Policy shall apply only as excess over such other guarantees or Guarantee.

10) Action Against Company - No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all terms of this Policy, nor until 90 days after the required proof of loss has been filed with the Company, nor at all unless commenced within two years from the date when the Guaranteed Person first discovers the loss. If any limitation of time for notice of loss or any legal proceeding herein contained is shorter than that permitted to be fixed by agreement under any statute controlling the construction of this Policy, the shortest permissible statutory limitation of time shall govern and shall supersede the time limitation herein stated~

11) Subrogation - In the event of any payment under this Policy, the Company shall be subrogated to all the Guaranteed Person’s rights of recovery therefore against any person or organization, and the Guaranteed Person shall execute and deliver instruments and papers and shall take whatever other actions are necessary to secure such rights for the Company. The Guaranteed Person shall not take any action after the discovery of any loss that would prejudice such rights.

12) Changes - Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or stop the Company from asserting any right under the terms of this Policy; nor shall the terms of this Policy be waived or changed, except by endorsement issued by the Company and made to form a part of this Policy.

13) Cancellation:

a) The Policy Holder may cancel this Policy by mailing or delivering to the Company advance written notice of cancellation

b) The Company may cancel this Policy by mailing or delivering to the Policy Holder written notice of cancellation at least:

i) ten (10) days before the effective date of cancellation if the Company cancels for nonpayment of premium; or

ii) thirty (30) days before the effective date of cancellation if the Company cancels for any other reason.
c) The Company will deliver notice to the Policy Holder’s last mailing address known to it.

d) Notice of cancellation will state the effective date of cancellation. The Policy Period will end on that date.

e) If this Policy is canceled by the Company the Company will send the Policy Holder any premium refund due and the refund will be pro rata. If the Policy Holder cancels, the refund may be less than pro rata. The cancellation will be effective even if the Company has not made or offered a refund.

f) If notice is mailed, proof of mailing will be sufficient proof of notice.

14) Assignment - Assignment of interest under this Policy shall not bind the Company until its consent is endorsed herein.

15) Concealment or Misrepresentation - This Policy is void as to any Guaranteed Person if, at any time, said Guaranteed Person intentionally conceals or misrepresents a material fact concerning either this guarantee or a claim under this guarantee.

16) Requirement— My ID Fix, Inc. requires that any Guaranteed Person who loses their wallet or any document must immediately use and complete the My ID Fix, Inc. Stolen/Lost Wallet or Document program to prevent Identity Theft. If Identity Theft occurs the Guaranteed Person must use and complete the My ID Fix, Inc. Identity Theft Repair program. My ID Fix will not assume any liability whatsoever for persons who do not meet these requirements

IN WITNESS WHEREOF, the Company has caused this Policy to be signed by its authorized Company officer and signed on the Declarations page by a duly authorized person on behalf of the Company.

Ronald C. Winger


Ronald C. Winger
CEO
MY ID FIX, INC.


 

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