Terms and Conditions

These benefits are provided as part of the Assurant Red Flag ID Fraud Solutions program.

These terms and conditions (“Terms”) govern the Assurant Red Flag ID Fraud Solutions membership program (“Membership”). Membership is provided to you (“Primary Member”, “You”, or “Your”) by Consumer Assist Network Association, Inc. (“CANA”, “We”, “Us” or “Our”) as part of the benefits associated with Your accountholder status with Your community bank (“Community Bank”).

Please read this information carefully as it outlines the benefits and exclusions associated with Your Membership. If You have any questions, please call Our ID Fraud Customer Service Center at 1.866.632.5335 (“ID Fraud Customer Service Center”), which operates Monday through Friday, 8 a.m. to 5p.m. EST.

I. DESCRIPTION OF SERVICE; TERM AND CANCELLATION; TERRITORY

Your Membership provides Covered Members with education and assistance in connection with Stolen Identity Events and loss of personal documents. As part of Your Membership, Covered Members are entitled to receive the benefits, services or products (“Benefits”) outlined herein. CANA reserves the right to modify the Benefits and these Terms at any time without notice.

Membership is complimentary from Your Community Bank and there is no cost to You. Your Membership begins on the date You open an eligible account with the Community Bank (“Effective Date”) and continues until (i) cancelled by Your Community Bank, or (ii) You are no longer a customer of such Community Bank.

Membership is available in the United States and its territories only. CANA reserves the right to add or remove states, countries and/or territories at its own discretion.

II. GENERAL DEFINITIONS AND BENEFIT DESCRIPTIONS, LIMITATIONS, AND EXCLUSIONS

A.  GENERAL DEFINITIONS

  • "Covered Member" is defined as any person age 18 or older, who is (i) the Primary Member, (ii) the spouse or Domestic Partner of the Primary Member; (iii) children of the Primary Member aged 18 to 20 who live with the Primary Member; and (iv) children of the Primary Member aged 21 to 25 who live with the Primary Member and are full-time students. Children under the age of 18 are not Covered Members and are not eligible to access Benefits under the Membership.
  • "Domestic Partner" is defined as any person living in a domestic partnership with the Primary Member, not related by blood or marriage, regardless of sex, who are of legal adult age in their state of residence.
  • “Stolen Identity Event” is defined as the theft of a Covered Member's personal identification, social security number, or other method of identification, which has resulted in the wrongful use of such information, including but not limited to stolen identity events occurring on or arising out of use of the Internet. A Stolen Identity Event does not include the theft or unauthorized or illegal use of a Covered Member's business name, DBA or any other method of identifying their business activity.

B.  BENEFITS

  • LIVE RESTORATION SERVICES

In cases where a Covered Member discovers a Stolen Identity Event, a Covered Member should contact the ID Fraud Customer Service Center to be connected to a dedicated ID Recovery Specialist who will manage the identity theft investigation until its completion, file necessary documents if applicable and provide ongoing personalized support until the case is resolved. The ID Recovery Specialist will document facts and circumstances related to the Stolen Identity Event and provide the Covered Member with two restoration options, at the Covered Member’s discretion:

1.  An Enhanced Restoration option which requires the Covered Member to execute a limited Power of Attorney, provided by the ID Recovery Specialist, allowing the ID Recovery Specialist to act on behalf of the Covered Member in connection with the identity restoration process; or

2.  A Basic Counseling Services option wherein the ID Recovery Specialist provides guidance to the Covered Member to act on their own behalf in connection with the identity restoration process.

Your ID Recovery Specialist will notify you when your restoration is complete.

A Covered Member is not eligible for Live Restoration Services under the following circumstances:

1.  a Stolen Identity Event is discovered by a Covered Member prior to the Effective Date; or

2.  the Stolen Identity Event is the result of a dishonest, criminal, malicious, or fraudulent act (“Dishonest Act”) by a Covered Member, their spouse, their Domestic Partner, or their child, or is the result of a Dishonest Act that the Covered Member directed or had prior knowledge of.

Membership does not provide compensation or reimbursement for any financial losses attributed to Stolen Identity Events, including but not limited to money stolen from a wallet or unauthorized purchases.

  • DOCUMENT RECOVERY

If a Covered Member experiences (i) a Stolen Identity Event that impacts their personal documents or (ii) another event that causes personal documents to be lost or destroyed, such as fire, flood, or other natural disasters, then the Covered Member may contact the ID Fraud Customer Service Center to be connected to an ID Recovery Specialist. The ID Recovery Specialist will help to identify missing documents, ascertain the severity of the event, and provide two recovery options, at the Covered Member’s discretion:

1.  An Enhanced Recovery option which requires the Covered Member to execute a limited Power of Attorney, provided by the ID Recovery Specialist, allowing the ID Recovery Specialist to act on behalf of the Covered Member in connection with the document recovery process, including but not limited to (as applicable) contacting creditors/banks, canceling affected cards, and/or filing a fraud affidavit and police report; or

2.  A Basic Counseling Services option wherein the ID Recovery Specialist provides guidance to the Covered Member to act on their own behalf in connection with the document recovery process.

The Covered Member is responsible for any fees imposed by banks/creditors or state or federal agencies.

A Covered Member is not eligible for Document Recovery if the document theft or loss is the result of a dishonest, criminal, malicious, or fraudulent act (“Dishonest Act”) by a Covered Member, their spouse, their Domestic Partner, or their child, or is the result of a Dishonest Act that the Covered Member directed or had prior knowledge of.

Membership does not provide compensation or reimbursement for any financial losses attributed to loss or theft of personal documents, including but not limited to unauthorized purchases.

  • EMERGENCY PREPARATION KIT

The Emergency Preparation Kit is an optional printable .PDF file that allows a Covered Member to record certain non-public information as it pertains to their household, personal documents and financial information, so that such information may be retrieved efficiently from a single source and used to facilitate document recovery as needed. The Emergency Preparation Kit is available in both English and Spanish at www.mybankredflag.com. For security, the Emergency Preparation Kit should be stored in a safety deposit box, or with your family attorney or CPA. We are not responsible for any Stolen Identity Events arising out of or related to a Covered Member’s failure to secure the Emergency Preparation Kit.

  • IDENTITY THEFT EDUCATION CENTER
The Identity Theft Education Center provides Covered Members with access to credit education resources including information and advice on how to avoid identity theft. The Identity Theft Education Center is accessible at www.mybankredflag.com.

III. USE OF MEMBERSHIP

Your Membership is nontransferable and may be used only by the Covered Members.

IV. LIMITATION OF LIABILITY

OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER CANA NOR ITS AFFILIATES OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIP, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIP, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, CANA AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIP, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER CANA NOR ITS AFFILIATES OR SUPPLIERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIP, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE ABOVE, IF LIABILITY IS IMPOSED UPON CANA, THEN YOU AGREE THAT CANA'S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM CANA'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CANA FOR THE PRODUCT(S) YOU PURCHASE FROM CANA.

V. FORCE MAJEURE

We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control.

VI. GOVERNING LAW

These Terms shall be governed by Florida law. The parties agree to submit to the personal and subject matter jurisdiction of the applicable court of Miami-Dade County, Florida.

VII. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are null and void. If any portion of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved. You represent that you have read and understand these Terms and Our Privacy Policy (accessible by visiting https://www.assurant.com/privacypolicy), and agree and intend to be legally bound by them. You acknowledge that, in providing you access to Benefits under the Membership, CANA has relied on your agreement to be bound by these Terms.

VIII. ARBITRATION

Read the following arbitration provision carefully. It limits certain rights, including Your right to obtain relief or damages through court action.

To begin Arbitration, either You or We must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of these AAA's Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019 or visiting www.adr.org. We will advance to you all or part of the fees of the AAA and of the arbitrator. Unless You and We agree otherwise, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims. Please refer to the State Disclosures section of this Contract for any added requirements in Your state. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.

 

Effective February 12th, 2025