Shop Shield® Member Agreement
Welcome to the Shop Shield service (Shop Shield or the “Service”) operated by KEMESA, LLC (“KEMESA”). Shop Shield is a secure service that provides protection for financial and personally identifiable information (PII) when making payments and purchases online, or accessing password-protected websites. PLEASE READ THE TERMS OF USE (“MEMBER AGREEMENT”) CAREFULLY BEFORE USING ANY PART OF THE SHOP SHIELD SERVICE. USING ANY PART OF THE SHOP SHIELD SERVICE INDICATES ACCEPTANCE OF THE MEMBER AGREEMENT.
KEMESA, LLC is a money services business. A partner bank under agreement with KEMESA, LLC provides the ability for KEMESA, LLC to issue virtual VISA debit cards, including Virtual Account Numbers, or VANs. Any bank sponsored VAN will be honored for payment wherever VISA credit cards are accepted. Kemesa assigns VANs to anonymous billing and anonymous identity information associated with the collection of anonymous data to specific member transactions.
KEMESA, LLC provides Shop Shield subject to agreement with this Member Agreement (the “Agreement”), and subject to the terms of the Virtual Account Number agreement between Shop Shield members and our partner bank, which governs the issuance of VANs on our members behalf. Please read these Agreements carefully. A member’s use of Shop Shield constitutes acceptance of both this Agreement and the VAN Agreement with our partner bank. If at any time a member does not accept the terms and conditions of this Agreement, or the VAN Agreement with our partner bank, the member must discontinue use of Shop Shield immediately.
Except as noted herein, Shop Shield is designed to work anywhere that VISA cards are accepted and on most subscription, shopping, event ticketing and travel sites. Please note that Shop Shield may not be ideal for every payment situation. For example, using Shop Shield to purchase event tickets online that must be picked up at “will call” requiring you to present the credit card used to make the purchase.
In addition, Shop Shield may be used to make payments securely at bill payment sites accepting VISA cards as a form of payment. Shop Shield can be used at other websites asking you to provide an email address, and other PII. KEMESA, LLC does not take responsibility for any goods or services purchased, or for any action or inaction of a merchant with which a member chooses to do business.
Shop Shield Membership Account
New members must register for a Membership Account to use the Shop Shield service. Registration requires asking for a unique username, password, and answers to challenge questions. Members may not reveal account password(s), username(s), or other account information to anyone else, nor may members use anyone else’s password(s), username(s), or account information. Please contact Shop Shield customer service if the confidentiality of these items are compromised in any way. Registering for a new Membership Account requires a credit card in the members name with an active credit line in place. New members must provide correct billing information, bank name, phone number, and other related information associated with the member’s credit card. Members will have the option of enrolling more than one major credit card as an underlying payment account. (Visa, Master Card, American Express or Discover). Shop Shield accepts most types of debit cards issued by VISA, Master Card, American Express or Discover. Shop Shield cannot accept any card requiring a PIN entry, or any other requirement that would preclude Internet use compatibility. Shop Shield will accept payment from any checking or savings account, including a bank routing number and account number upon which the member is an authorized signer. Members may add additional credit cards, debit cards or bank accounts at any time on the Shop Shield Member website. KEMESA, LLC reserves the right to limit an account holder's choice of funding sources based on analysis performed through proprietary risk modeling systems or prior identification of a high-risk payment method.
Registering for a Membership Account requires consent to allow KEMESA, LLC to verify a members identity. This is not a credit inquiry, and will not be reported to any major credit bureau. KEMESA, LLC reserves the right to reject your Membership application for any reason. New member applicants agree to provide true, accurate and complete registration information, and to maintain and promptly update your information as applicable. New members agree not to impersonate any other person or use any unauthorized name. If any information provided is untrue, inaccurate, not current, or incomplete, without limiting other remedies, KEMESA, LLC has the right to terminate any members use of the Shop Shield service. Additionally, KEMESA, LLC and its partners and agents, have the right to recover any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. New members may be required to furnish more detailed information unable to verify any new member’s identity. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, KEMESA, LLC has the right to terminate a member’s account. KEMESA, LLC reserves the right to set a limit on the value of any transaction, or group of transactions, when using the Shop Shield service.
KEMESA, LLC will send new members a confirmation by U.S. mail at the address provided during the application process.
Members are responsible for all transactions made using their Shop Shield account. Failure to meet the financial obligations incurred by a member account when using the Shop Shield service may be grounds for immediate termination of their Membership. Collection activity for any outstanding obligation could result in the assessment of collection fees and/or legal fees, which may adversely affect a member’s credit rating.
Shop Shield Virtual Account Numbers
Every time a member uses Shop Shield to make a purchase or payment, a Virtual Account Number (“VAN”) is issued, provided by our bank partner pursuant to an agreement with KEMESA, LLC. A member’s use of the VAN constitutes an agreement to the terms of our partner bank VAN Agreement, which can be found here. A VAN accesses a special account opened to store the funds associated with your payment. Each VAN is linked to the payment method members select.
Members agree that whenever using Shop Shield to make a purchase or payment, KEMESA, LLC is authorized to draw, debit, or take credit from the account designated by the member. If a member designates a checking or debit account with insufficient funds to pay for a purchase made using Shop Shield, the member agrees to allow KEMESA, LLC to draw those funds from the credit card provided during new Member Registration or, if necessary, any other credit card, debit card or bank account enrolled in the members account. Members agree that KEMESA, LLC may, at the same time, assess and debit the same account or any other payment account registered for a returned payment or insufficient funds fee.
When a Shop Shield purchase appears on a member bank account or credit card statement, it will include the final transaction amount (This may include any adjustment for international currency conversion, shipping and handling, or restocking fees as set by a merchant). The date the transaction was completed will show ‘Shop Shield’ as the billing entity. Members can find details about the website creating the payment by logging into their Shop Shield account and reviewing the Membership Account activity.
Reusable VANs expire 12 months from date of issue, travel VANs expire on the completion date of your trip, and single use VANs expire either 60 days from the date of issue or upon completion of the transaction, whichever comes first.
Shop Shield Transaction Value Limits
When members use an issued VAN, the amount of the transaction will be debited from the payment method (credit card, debit card or bank account) designated for that purchase.
The dollar limit of a single transaction may not exceed $5,000 when members charge a transaction using Shop Shield to a credit or debit card. The dollar limit on a single transaction using a checking account will be $400, with no more than three transactions outstanding at one time.
Shop Shield Available Only To Members In The United States
Shop Shield is governed and operated in accordance with the laws of United States, and is intended for use of residents of the United States, and its Territories. Members can initiate transactions using Shop Shield ONLY from within the United States, and its Territories.
Members may use an issued VAN for transactions on websites operated and maintained outside the United States, but only if members initiate the purchase from within the United States or its Territories, and only if it does not break any US law. Transactions made in a foreign currency will be converted into US Dollars under the applicable rules of VISA USA Inc. The exchange rate in effect when the charge is posted may differ from the rate in effect on the date of the transaction being authorized on a members VAN.Shop Shield Member Loss, Theft or Unauthorized Use
Only members are authorized to use a Shop Shield account. The use of a members account by persons other than a member is cause for immediate termination of the Shop Shield service. Except as expressly set forth herein, KEMESA, LLC is not liable for any loss incurred as a result of any unauthorized use of a members Shop Shield account.
Members must notify KEMESA, LLC within two (2) business days upon learning of any unauthorized use of a Shop Shield account. Notify us by calling Shop Shield Customer Service at 1-888-997-4435.
Shop Shield Member Right to Dispute Errors
Any problem or dispute for any purchase of goods or services must first be addressed directly with the merchant or service provider per VISA card regulations. Refunds and returns are subject to the merchant’s policies and all applicable laws. If a member is entitled to a refund for any reason obtained with a VAN issued to a member, the member agrees to accept a refund in the form of a credit to your original payment method. Due to the nature of the service, members agree to allow reasonable time for a refund credit to be issued and posted to the payment account used to fund the transaction before making any formal dispute with either Shop Shield or your credit card issuer.
In the case of billing errors, or questions about an issued VAN, members can contact the merchant or service provider directly or call Shop Shield Customer Service at 1-888-997-4435. In order to get more information on a member’s behalf, KEMESA, LLC may need additional details. Members may report errors up to sixty (60) days after the date an issued VAN is billed for a transaction. KEMESA, LLC may request a member provide in writing, to an address provided by KEMESA, LLC,, information about the dispute such as: (i) your name and your VAN number; (ii) the dollar amount of the suspected error; (iii) the date the transaction occurred, and (iv) a description of the error or the transaction you are unsure about, explaining as clearly as possible why you believe it is an error or why you need more information. Such information must be provided within ten (10) business days after being requested by a KEMESA, LLC representative, or we may discontinue our efforts to assist a member per VISA card regulations.
Shop Shield Membership Fees
The Shop Shield service offers an Annual Membership plan. Members have two options for paying the Annual Membership fee. Members may select at the time they register to pay either once per annum or on a monthly basis. When members first use Shop Shield, they may be offered a trial membership period. It is a member’s responsibility to cancel a trial Membership account before the end of the trial period. If a member does not want to continue as a Shop Shield member after the trial period, the member will need to cancel before the trial period ends, or the member will be billed for the Membership fee per the initial payment selected on the day following the trial period expiration. Additionally, Shop Shield charges a per transaction fee for every completed transaction. By registering for Shop Shield and using the service, or continuing use of the service beyond any trial period, members agree to all membership and per transaction fees associated with the members account.
Using Shop Shield At Online Merchant Sites
Shop Shield provides a service by which you can protect your PII (personally identifiable information) when making purchases paying bills, or registering online. To fully benefit from the protection offered by Shop Shield, members must: provide KEMESA, LLC correct information for each transaction, and complete the transaction with the merchant or service provider using all the anonymous information provided as part of the Shop Shield service. If a member chooses to use any PII (For example, a real email or real phone number) in the process of transacting or registering with a website, the member will give up some of the normal protections offered when using all of the anonymous information provided by Shop Shield.
In general, if a merchant accepts credit cards compatible with online use, Shop Shield members will be able to protect and make payments with a VISA VAN funded by the major credit card (VISA, Master Card, American Express or Discover), debit card or bank account, of the members choice registered with KEMESA, LLC. Certain circumstances may preclude the use of Shop Shield beyond our control.
When using Shop Shield to make a payment online, a member must provide an accurate Uniform Resource Locator (“URL”) for the website with which their transacting. In general, this will be the web address shown in a member’s browser, omitting the characters after the “.com”, “.net”, or “.gov”. This is necessary to ensure that the Shop Shield service provides members with the same profile information whenever visiting a website, allowing members to protect their PII while retaining the ability to take advantage of frequent shopper and points rewards programs. It also allows KEMESA, LLC to ensure the correct merchant or service provider has billed the card. Members agree to provide the correct URL for the websites when using Shop Shield.
Most online retailers and service providers allow use of Shop Shield to protect members PII when making transactions or registering online. However, KEMESA, LLC cannot guarantee acceptance of anonymous payment or registration information, and are not responsible for any refusal of service by online retailers or other service providers.
Online retailers and service providers whom members transact with using Shop Shield are not owned or operated by KEMESA, LLC. KEMESA, LLC does not endorse, warrant, or guarantee such products, information, or services. Further, KEMESA, LLC is not liable for the accuracy, completeness, usefulness of information, quality or availability of such products or services. The terms of sale applying to any purchases using Shop Shield are solely between a member and the online retailer or service provider. It is a member’s responsibility to understand and adhere to the terms of use, cancellation policies, terms of sale, and any return policies with each online retailer or service provider. KEMESA, LLC may be able to provide some assistance in disputes regarding goods or services, delivery problems or other issues encountered when using Shop Shield, KEMESA, LLC is not responsible for any members non–compliance with the terms of use, cancellation policies, terms of sale, and any return policies with any online retailer or service provider.
Shop Shield Prohibited Transactions
Members may not use Shop Shield in connection with the following types of purchases or transactions:
For any narcotics or other controlled substances;
For wire transfers, money orders, gambling or online gaming, depository or ‘reserve’ account funding, cash withdrawals or advances, automatic cash disbursements, cashier’s checks, traveler’s checks, stamps and similar transactions;
For any transactions initiated outside of the United States, or its Territories;
Purchases of goods, technology or services from sanctioned countries including Iran, Sudan, Burma, or Cuba; and dealings with any persons identified as Specially Designated Nationals or Blocked Persons (“SDNS”) on the Department of the Treasury’s Office of Foreign Assets Control SDN list (see the following website: http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf); or
For any other purchases that are unlawful under applicable law.Shop Shield Member Representations and Warranties
You represent and warrant that:
Members are at least 18 years of age:
Members have the legal right to use the bank, credit or debit accounts provided to KEMESA, LLC:
Members information provided is members own, and not false, inaccurate or misleading; and
Members are not using the Shop Shield service in any attempt to evade laws, or rules and regulations of the United States or any individual State, including but not limited to money laundering or export control laws.
Shop Shield Termination
Membership agreements with KEMESA, LLC will remain in effect until expiration at the end of the Membership term, unless terminated earlier either by the member or by KEMESA, LLC. Shop Shield Annual Membership plans renew automatically, and 30 days advance notice of such renewal will be provided to members.
KEMESA, LLC may terminate a Membership “for cause” including, but not limited to: any purchases prohibited by this Agreement; any fraudulent use of the Shop Shield service by a member: any use of a member account by any person other than the member themselves; any use of the Shop Shield service by you in violation of Federal or State law or contrary to Homeland Security; KEMESA, LLC inability to verify information a member provides; a reasonable belief that a member account poses a significant risk to KEMESA, LLC; a determination by KEMESA, LLC, VISA, MasterCard, American Express or Discover that a members use of Shop Shield constitutes an abuse of the credit card system, or; any other failure by you to comply with the terms and conditions of this Agreement.
In the case of termination for cause, all VANs will be canceled immediately, access to your account will be denied, and all anonymous email addresses will be deactivated.
In either case of termination, members remain bound by the obligations under this Agreement including the disclaimers and limitations of liability.
Shop Shield Cancellation of Membership. A member may cancel their membership at any time. Members remain obligated to pay for all purchases made while using the Shop Shield service after termination of their membership. Members will also lose fraud protection and the Victim Solution Service for any purchases made after the date of termination. There are no refunds of membership fees, or any portion thereof, upon termination.
Shop Shield Effect of Cancellation by Member. Following a membership cancellation, and except in the case of fraudulent or illegal use of the Shop Shield service, members will continue to have access to the Activity and Account sections of the Shop Shield Member Site for thirty (30) days after notice of termination. Members will not be permitted to make any new transactions or generate any masked identities using Shop Shield after termination. After thirty (30) days, members will be denied any access to the Shop Shield Member Site.
Upon membership termination, all outstanding Shop Shield VAN’s will be canceled immediately and any outstanding transactions may be interrupted. Masked identities at non-transactional websites and all masked email addresses will be deactivated thirty (30) days from date of termination.
Shop Shield Product Warranties & Credit Card Purchase Protection Plans
Shop Shield customer service offers assistance with problems or issues members may encounter with goods, services or their delivery when using the Shop Shield service., Product warranty issues and disputes relating to returns or refunds are ultimately between the member and merchant and/or manufacturer. Shop Shield will assure that members continue to receive the benefits of any credit card purchase protection plan associated with the credit card that members use to make payment when using the Shop Shield service.
If a member needs to return the product to the merchant, the member should do so directly using the shipping information provided by the merchant. For all other merchant issues, if a member does not wish to reveal your personal information masked by the use of Shop Shield, the member should contact Shop Shield Customer Service to communicate on the members behalf with the merchant or shipper. Otherwise, KEMESA, LLC will not be able to protect a member’s personal identity and financial information.
Shop Shield Victim Resolution Service
In the unlikely event a member becomes a victim of personal identity theft/fraud while properly using the Shop Shield service, we will without charge provide members with Victim Resolution Service. This Service includes the provision of a case manager to assist you in working to resolve all related identity theft and fraud issues. THIS VICTIM RESOLUTION SERVICE DOES NOT APPLY TO MEMBERS RESIDING IN NEW YORK STATE.
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, KEMESA, LLC PROVIDES SHOP SHIELD “AS IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE SHOP SHIELD SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KEMESA LLC DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON–INFRINGEMENT.
KEMESA LLC WILL MAKE REASONABLE EFFORTS TO ENSURE THAT PURCHASES MADE WHILE USING SHOP SHIELD ARE PROCESSED IN A TIMELY MANNER, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING OF PURCHASES. KEMESA, LLC DOES NOT REPRESENT OR WARRANT THAT SHOP SHIELD WILL OPERATE ERROR–FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.
KEMESA LLC IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED OR INTERRUPTED INTERNET CONNECTIONS, OR ANY COMPUTER OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Limitations on Liability
IN NO EVENT SHALL KEMESA, ITS SUBSIDIARIES, AFFILIATES, BANK PARTNERS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN MAKING AVAILABLE SHOP SHIELD® (“KEMESA PARTIES”) BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR SHOP SHIELD®, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON–PERFORMANCE OF SHOP SHIELD®; (III) CLAIMS RELATING TO MERCHANDISE, SOFTWARE, TICKETS OR SERVICES PURCHASED USING SHOP SHIELD®; (IV) ANY TRANSACTIONS ENTERED INTO THROUGH SHOP SHIELD®, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN; OR (V) DAMAGES OTHERWISE ARISING OUT OF THE USE OF SHOP SHIELD®, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
THE KEMESA PARTIES HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY FAILED TRANSACTION THAT IS THE RESULT OF INSUFFICIENT FUNDS IN YOUR ACCOUNT OR YOUR VAN. FURTHERMORE, THE KEMESA PARTIES HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER IN THE EVENT A MERCHANT IS UNABLE OR UNWILLING TO COMPLETE THE TRANSACTION.
Requested Transaction
THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KEMESA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NOT WITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF THE KEMESA LLC PARTIES AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR OTHER CLAIMS AGAINST KEMESA LLC OR THE KEMESA LLC PARTIES SHALL BE LIMITED TO THE GREATER OF (I) ANY AMOUNTS EXPRESSLY PROVIDED FOR HEREIN (AS LIMITED TO THE CIRCUMSTANCES FOR WHICH THOSE AMOUNTS ARE APPLICABLE), AND (II) U.S. $100.
THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Release
In the event that you have a dispute with a merchant, any member releases KEMESA, LLC (including its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute. If a member is a California resident, the member waives California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
Indemnification
Members agree to indemnify, defend, and hold harmless KEMESA, LLC parties, respective officers, directors, shareholders and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys fees, resulting from your breach of any provision of this Agreement, or otherwise arising in any way out of a members use of the Shop Shield service. KEMESA, LLC reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with KEMESA, LLC in asserting any available defenses.
Privacy
Members understand and agree that personal information provided to us in connection with the Shop Shield service is subject to the KEMESA, LLC Privacy Statement.
Electronic Communications
Members agree that this Agreement constitutes “a writing signed by you” under any applicable law or regulation. To the extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or members use of the Service (“communications”) may be provided to a member electronically, and members agree to receive all communications from KEMESA, LLC in electronic form. Electronic communications may be posted on the pages within the Shop Shield website and/or delivered to your e–mail address. Members may print a copy of any communications and retain them for your records. All communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than two (2) business days after posting or dissemination, whether or not you have received or retrieved the communication. KEMESA, LLC reserves the right, but assumes no obligation to provide communications in paper format. Members consent to receive communications electronically is valid until they revoke consent by notifying us in writing, or by telephoning Customer Service. If a member revokes consent to receive communications electronically, KEMESA, LLC may terminate a members right to use the Shop Shield service.
Members agree and warrant that they have access to the Internet and to a current functional personal e-mail address. Although we will take reasonable steps to contact a member based on information provided to us, KEMESA, LLC will not be liable for any undelivered e-mail communications or any costs members incur for maintaining Internet access and an e-mail account. Members have an AFFIRMATIVE OBLIGATION to provide KEMESA, LLC with a correct and operational e-mail address for a Shop Shield Membership account, and to notify us promptly as to any changes or cancellations of any and all e-mail addresses members provide to us. Failure to provide KEMESA, LLC with a current, working, functional, personal e-mail address, and/or failure to update KEMESA, LLC in a change or cancellation of your e-mail address, or if KEMESA, LLC has reason to believe that either have occurred may result in any or all of the following, non-exclusively: (1) the removal or deactivation by KEMESA, LLC of a non-functional e-mail address from a members account; (2) the replacement of a secondary e-mail address as a new permanent e-mail address associated with a members account; (3) an alteration to a members user preferences regarding Shop Shield e-mail notifications; and/or (4) attempts by KEMESA, LLC to reach a member by phone, fax or postal mail. KEMESA, LLC reserves the right to take measures to ensure the integrity of its contact directory, and expects that any member will cooperate and keep all their contact information current.
Copyright and Trademarks
All software, trademarks, and other content on this site, including text, graphics, logos, images, and software, is the property of KEMESA, LLC and its licensors and vendors protected by United States and international intellectual property laws. KEMESA, LLC grant members a limited license to access and make personal use of this website, but not to download or modify it, or any portion of it, except with express written consent of KEMESA, LLC. Neither this web site, nor any portion of this web site, may be reproduced, duplicated, copied, or otherwise exploited for any commercial purpose without express written consent of KEMESA, LLC. Members may not use any meta tags or any other “hidden text” utilizing the name or trademarks of KEMESA, LLC or Shop Shield without the express written consent of KEMESA, LLC.
Dispute Resolution
Any claim, dispute or controversy (whether in contract, regulatory, tort, or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to your use of Shop Shield that cannot be resolved through our normal customer service process shall be resolved by alternative dispute resolution procedures such as mediation, followed by binding arbitration if the former process is unsuccessful. Members agree that such binding arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules in effect when the claim is filed. Arbitration can decide only our or a members Claim, and may not consolidate or join the claims of other persons who may have similar claims. Members agree that the arbitration may be conducted by telephone, online, and/or based solely upon written submissions where no in–person appearance is required.
Notwithstanding any language of this Agreement to the contrary, should any portion of this Arbitration provision be held invalid or unenforceable by a court or other body of competent jurisdiction, this entire Arbitration provision shall be automatically terminated and all other provisions of this Agreement shall remain in full force and effect.
Assignability
Members may not transfer any rights or obligations the member may have under this Agreement without prior written consent by KEMESA, LLC. We reserve the right to transfer this Agreement or any right or obligation without your consent in connection with a transfer of control or sale of our business.
Notice
Except as expressly stated otherwise, any notice to Shop Shield shall be given by postal mail to:
Kemesa
LLC
Attn:
Legal Department
6340 South 3000 East
Suite 100
Salt Lake City, Utah, 84121
Any such notice shall be deemed given twenty-four (24) hours after the postal mail is sent, unless a member is aware that the communication was not received.
Any notice given members shall be at our discretion to the email address provided to us during the Shop Shield registration process or by postal mail to the address associated with the financial account provided my the member to KEMESA, LLC when registering for a Membership. Any notice to you shall be deemed given twenty-four (24) hours after the email or postal mail is sent.
Choice of Law
The Agreement is governed by and interpreted under the laws of the State of Utah, except for that body of law addressing conflicts of law.
Changes to this Agreement
KEMESA, LLC reserves the right in its sole discretion, to cancel, suspend, modify, alter, or otherwise change this Agreement or any features or services of the Virtual Account Number described herein at any time. KEMESA, LLC will provide notice of such change by email and by posting on this website. Changes will take effect immediately. Members continued use of the Shop Shield service constitutes acceptance and agreement to be bound by any changes. If at any time a member chooses to not accept these changes, the member must immediately discontinue use of the Shop Shield service.
Members may cancel this Agreement by calling Shop Shield Customer Service at 1-888-997-4435. Member’s termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before it was cancelled.
Contact Information and Business Days and Hours.
For service inquiries and/or to report VAN information that has been misappropriated, please call Shop Shield Customer Service at 1-888-997-4435 from 10AM EST to 6 PM EST Mondays through Fridays. Members may also email us at: service@shopshield.net.
This Agreement was last updated on: July 1, 2011