MICHIGAN PROPERTY PROTECTION, INC. (“MPPI”) ALLSTATE ID PROTECTION AGREEMENT TERMS AND CONDITIONS
- Allstate ID Protection is provided through InfoArmour, a third party, and not through MPPI. In order to subscribe to Allstate ID Protection, please sign below and MPPI will send you, via email, a link to connect to the InfoArmour website where you can sign up for the Allstate ID Protection Services. You will be billed through MPPI, but all Identity Protection services will be provided through InfoArmour in accordance with InfoArmour’s Terms and Conditions of Identity Theft, Privacy Protection and Related Monitoring Services (the “InforArmour’s Agreement”) and not those of MPPI.
- Payment for Identity Protection Services. MPPI will be notified by InfoArmour upon activation of the Allstate ID Protection services. The term of service will be as provided in the InforArmour Agreement. Billing will begin through MPPI on the date of activation and continue until terminated under the terms of the InfoArmour Agreement. The Customer agrees to pay to MPPI the total monthly ID Protection services fee as indicated on the InfoArmour Agreement (Quarterly, Semi Annually, or Annually) on the first day of each such period, one month in advance throughout the terms of the InfoArmour Agreement.
- LIMITATION OF LIABILITY, LIMITATION ON LAWSUITS AND WAIVER OF JURY TRIAL. It is understood and agreed by the parties hereto that MPPI is not affiliated with InfoArmour or Allstate ID Proection. Each of MPPI, InfoArmour and Allstate ID Protection are independent companies. MPPI’s role in providing you with Identity Protection services is merely to collect fees for the Allstate ID Protection services and to transmit payment for those services to InfoArmour. As such, MPPI disclaims all liability associated with the provision of Identity Protection services to you through InfoArmour and you agree that MPPI shall not be liable for any loss which may occur due to the provision of or lack of provision of Identity Protection services. MPPI does not make any representation or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that your Identity Protetion services may not be compromised, circumvented, or that the Identity Protection services will in all cases provide protection for which it is intended. YOU AND MPPI BOTH ACKNOWLEDGE AND AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGE WHICH MAY ARISE DUE TO THE FAILURE OF THE IDENTITY PROTECTION SERVICES, AND, NOTWITHSTANDING THE ABOVE PROVISIONS, SHOULD THERE ARISE ANY LIABILITY ON THE PART OF MPPI, SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO ONE-HALF (1/2) OF THE ANNUAL SERVICE CHARGE PROVIDED IN THIS AGREEMENT FOR THE YEAR IN WHICH THE CUSTOMER INCURS SUCH DAMAGE. THIS SUM SHALL BE COMPLETE AND THE EXCLUSIVE REMEDY OF THE CUSTOMER AND SHALL BE PAID AND RECEIVED BY THE CUSTOMER AS LIQUIDATED DAMAGES AND NOT AS PENALTY. MPPI DISCLAIMS ALL OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES BASED ON CONTRACT OR TORT, STRICT LIABILITY OR OTHERWISE, AND IN NO EVENT SHALL MPPI BE LIABILE FOR DAMAGES FOR LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. YOU SHALL BRING ANY CLAIM AND/OR FILE ANY CAUSE OF ACTION AGAINST MPPI WTIHIN ONE (1) YEAR OF THE DATE YOUR CLAIM OR CAUSE OF ACTION ACCRUES OR THE CLAIM AND/OR THE CAUSE OF ACTION SHALL BE BARRED. YOU AND MPPI BOTH WAIVE THEIR RIGHT TO A JURY TRIAL.
- DISCLAIMER OF WARRANTIES. MPPI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT.
- Third Party Liability. You shall indemnify and hold harmless MPPI, its directors, officers, employees, agents, and assigns for and against all third party claims, law suits, and losses alleged to be caused MPPI’s performance, negligence, or failure to perform its obligations under this agreement.