Revised August 14, 2009
ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all transactions between you and ConsumerInfo.com, Inc. ("CIC"). By
submitting your order, you acknowledge receipt of our Privacy Notice and agree to its terms, confirm your authorization for CIC to obtain your
credit report and agree to the Terms and Conditions herein.
This Agreement is made between you and CIC, the provider of credit products including, but not limited to, the membership based product known as CreditCheck® Basic, and non-membership based Products such as the 3 Bureau Credit Report, Instant Single Credit Report, PLUS Score®, Statutory PLUS Score and Free Experian Credit Report (collectively, the "Products"), and all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") are subject to the following Terms and Conditions, which may be updated from time to time. Note to online customers: Please check this site regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement
YOUR USE OF THE PRODUCTS BEING PROVIDED TO YOU ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. YOUR ACCEPTANCE AND USE OF THE PRODUCTS CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE THE PRODUCTS OR ANY OF THE INFORMATION OR CONTENT WITHIN THE PRODUCTS; DISCARD THE PRODUCTS YOU RECEIVED IMMEDIATELY AND CALL CUSTOMER SERVICE TO CANCEL YOUR MEMBERSHIP. MOREOVER, IN THE CASE OF ONLINE CUSTOMERS, IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE, THE PRODUCTS, OR ANY INFORMATION OR CONTENT CONTAINED ON THIS WEB SITE. YOUR ACCESS TO AND USE OF THIS WEB SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW
USE OF THE PRODUCTS
In consideration of your use of the Content and Products, you agree to provide true, accurate and current information about yourself when prompted to do so by the registration and application forms. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if CIC has reasonable grounds to suspect that such information is untrue, inaccurate or not current, CIC, at its sole discretion, has the right to suspend or terminate your use of any Product and refuse all current or future access to the Content and use of the Products or suspend or terminate any portion thereof. Further, you agree that CIC will not be liable to you or any third party if CIC suspends or terminates your access to the Content or Products for any reason.
You understand that by submitting your order you are providing "written instructions" in accordance with the Fair Credit Reporting Act, as amended ("FCRA"), for CIC to obtain information from your personal credit profile from Experian or any other credit reporting company. You authorize CIC to access your credit profile to verify your identity and to provide credit monitoring, reporting, scoring and fraud resolution products.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND CIC, AND ITS PARENT, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
- You have been denied credit, insurance or employment in the past 60 days as a result of your report
- You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification
- You are a recipient of public welfare assistance
- You have reason to believe that your file at the agency contains inaccurate information due to fraud
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from CIC to dispute inaccurate or incomplete information in your Experian file or to receive a copy of your Experian consumer disclosure.
The credit report you are requesting from CIC is not intended to constitute the disclosure of Experian information required by the FCRA or similar state laws. Experian´s National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by CIC. This disclosure report must be obtained directly from Experian by going to www.experian.com/dispute, or by calling 888-EXPERIAN.
The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax, and TransUnion) once every 12 months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the credit reports from each of the three national credit reporting companies that are available from CIC may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. CIC´s Products are not related to the free FCRA disclosure that you are or may be entitled to.
MODIFICATION OF PRODUCTS
CIC may, at its discretion, modify or discontinue any of the Products or Content or a portion thereof, with or without notice. You agree that CIC will not be liable to you or any third party for any modification or discontinuance of any of the Products or Content.
NOTICE OF PROSECUTION
For online customers, access to and use of password protected and/or secure areas of the Web Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.
Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.
Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to successfully provide our Products to you, including instant online delivery of your credit report for online customers. For example, for certain of our online Products, when the system is unable to verify your identity, you may be routed through a manual authentication process. After your identity has been verified, we will send a private access code via U.S. mail to the address in your credit file, which you can use to access your report online. This process is normally completed within 5 to 7 days. For other products, we cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times.
CIC may use your personal information to the extent necessary to process your order and/or engage in business maintenance.
You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive your Products online.
As an online customer, you are agreeing to receive all notifications via email at the email address on file with CIC. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
If you purchase a Product, CIC is not responsible for any overdraft/over-the-limit charges or bank fees if your account contains insufficient funds when your order is processed and billed. We recommend using a credit card rather than a debit card. Where applicable, canceling too close to end of trial or renewal date may cause a processing delay and a charge to your account. If you are eligible for a refund, refunds can take 7-10 business days to be processed.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE (IF APPLICABLE), THE PRODUCTS AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, CONTENT, TOOLS AND CALCULATORS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. CIC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS WEB SITE OR OTHER MATERIALS YOU MAY RECEIVE FROM CIC DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. CIC MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.
If you are using an activation code to obtain a Product, you are restricted to a one-time use of such activation code. Any subsequent use of the activation code will result in immediate termination of any associated Products without notice and in accordance with the termination provision(s) in the section entitled “Use of Products,” found herein.
Please note that if you improperly obtain a Product with an activation code, any credit card number you may have provided to us will also be charged with the fee for the Product that was obtained improperly.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT CIC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE WEB SITE (IF APPLICABLE), PRODUCTS, MEMBERSHIP BENEFITS, OR CONTENT, OR FROM YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN IF CIC HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. 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. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CIC, THEN YOU AGREE THAT CIC´S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM CIC´S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CIC FOR THE PRODUCT(S) YOU PURCHASE FROM CIC.
PRODUCT-SPECIFIC TERMS AND CONDITIONS
The terms explained below are product specific and apply to the particular product indicated in addition to the Terms and Conditions listed above. Note: If you have not ordered a specific product listed below, then the related terms and conditions may not apply.
Registering for any Product: To enroll in a monthly/annual credit monitoring Product or to request a credit report or score, you must have an address within the United States, provide a valid Social Security number, and you agree to be bound by these Terms and Conditions. In other limited circumstances, you may need to provide a valid telephone number so that CIC can process your order. If requested, you must provide valid credit card information. We will then evaluate your complete registration information. We are not able to accept and process joint registration for a married couple.
In certain jurisdictions sales tax at state and local rates may apply, in which case you may be charged the applicable taxes in addition to the monthly fee and/or the price of the product.
Credit Monitoring(Applicable for the following products: CreditCheck® Basic)
You understand and agree that we provide a credit monitoring product. We give you access to your credit report and we help you understand the information contained in your credit report. We are not a credit repair organization. We cannot improve your credit report, credit history or credit rating. We do not provide you with advice or assistance in improving your credit report, credit history or credit rating. Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate information is provided without charge to you and is available for free. Any such information is not included as part of your credit monitoring product but is provided free of charge to all consumers, regardless of whether they are members of the credit monitoring product.
You are receiving a complimentary credit monitoring membership. Your membership is effective for the period disclosed to you when you received your activation code. Should you choose to discontinue your membership for any reason before expiration of the then applicable membership term for which you are entitled, you may cancel your membership by calling the toll-free number listed on this Web Site or the toll-free number listed in the welcome materials sent to you. Please be aware that if, at the end of your promotional membership, you decide to continue your membership for a monthly/annual fee, you will have an opportunity to re-enroll at a separate website with different Terms and Conditions.
Please note, there are different processing times across the credit reporting companies, therefore you may not be enrolled in all of them at the same time. Monitoring with Experian begins within 48 hours of enrollment. Monitoring with Equifax and TransUnion takes approximately 4 days to begin, though in some cases may take longer for you to be enrolled and for you to begin receiving alerts. CIC does not control and is not responsible for the enrollment process.
When you order a single bureau credit monitoring product from CIC, CIC requests that Experian enroll you in its credit monitoring program. When you order a credit monitoring product from CIC that monitors credit files at three credit bureaus, CIC requests that Experian, Equifax and TransUnion enroll you in their credit monitoring programs. Your order of any single bureau credit monitoring product is conditioned upon successful enrollment by Experian in its credit monitoring program; if Experian is not able to enroll you, your order will be cancelled and you will not receive alerts or monitoring of changes to your Experian credit file.
Your order of any tri-bureau credit monitoring product (monitoring credit files at three credit bureaus) is conditioned upon successful enrollment by at least one credit bureau in its credit monitoring program. If no credit bureau is able to enroll you in its credit monitoring program, your order will be cancelled, and you will not receive alerts or monitoring of changes to any of your credit files. In the event that one or two credit bureaus, but not all three credit bureaus, is able to enroll you in their credit monitoring, credit monitoring will be provided by the bureau or bureaus that were able to enroll you; you will not receive alerts or monitoring of changes to the credit files of the bureau or bureaus that were not able to enroll you in their credit monitoring program.
By placing your order, you agree that, in the event that fewer than all three credit bureaus enroll you in their credit monitoring, CIC is authorized to monitor only the credit files at the bureau or bureaus that enrolled you. CIC will notify you in the event that fewer than all three credit bureaus enroll you in credit monitoring.
If you are successfully enrolled in credit monitoring, alerts will be delivered to the email address that is given to CIC when you enroll in credit monitoring. It is your responsibility to update your email address if it should change.
Credit Reports and Credit Scores(Applicable for the following Products: 3 Bureau Credit Report, Instant Single Credit Report, PLUS Score®, Statutory PLUS Score, Free Experian Credit Report, and VantageScoreSM)
When you use our Products to access your personal credit report and/or credit score, you are certifying that you understand and agree to the following:
- You may access your credit report and/or score for 30 days from the date of payment.
- Refunds will not be issued once we have successfully located and delivered the Product(s) to you.
- If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting the credit reporting company that supplied the information, as indicated in your credit report.
- For online customers, if you are inactive (have not clicked on an item or refreshed the page) for a period of 20 minutes or more when reviewing your credit report and/or credit score online, your session will conclude and you will be logged out for your protection.
Disclaimers: You acknowledge that the information provided to you through the PLUS Score and Vantage Score products, including the score factors derived from the elements in your credit history, may change over time as your credit history changes. You also acknowledge that the score factor information on how to manage your credit position assumes there will be no adverse changes in your credit performance. CIC is not responsible for the accuracy or contents of your credit file, including but not limited to information delivered in the credit report and/or score products. Please note that pursuant to section 609f of the FCRA, consumers can obtain their credit score at any time for a statutorily set fee. All of the forgoing terms apply to your Statutory PLUS Score except the 30-day availability. Your Statutory PLUS Score will NOT be available after your initial session has concluded.
The PLUS Score
There are various types of credit scores. The PLUS Score is a credit score model developed by Experian® to help you see and understand your relative credit risk level for educational purposes. It is not a score used by lenders or other commercial users for credit decisions.
PLUS Scores range from 330 to 830. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk. A lower score indicates that you may be a higher credit risk (risk of default). There are many different credit scoring models that can give you a different assessment of your credit rating and relative risk for the same credit report. Lenders or insurers use credit scores different from the PLUS Score. For some consumers, the risk assessment of a PLUS Score could vary, sometimes substantially, from a score used by a lender. If a score used by a lender is lower than your educational PLUS Score, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
There are three different major credit reporting agencies - the Experian® credit bureau, TransUnion®, and Equifax® -- that maintain a record of your credit history known as your credit file. Your PLUS Score is based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your PLUS Score can vary if the information they have on file for you is different. Since the information in your report can change over time, your PLUS Score may also change.
Lenders and insurers use several different credit scoring models so don't be surprised if your lender gives you a score that´s different from the PLUS Score you receive online. Just remember that your associated risk level is generally the same even if the number is not. If the lender´s score is lower than your online score, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
If these credit products are not included in your promotional credit monitoring membership, you may have the opportunity to purchase them separately.
Fraud Resolution (Applicable for the following products: CreditCheck® Basic).
Obtaining Assistance: There are certain steps that you MUST FOLLOW in order to obtain assistance from a fraud resolution representative ("Assistance"). These steps include contacting a Customer Service Representative by calling the number listed in the My Credit Center area on this Web Site, or by calling 1-866-252-8808. Additional information about requesting Assistance can also be found in the My Credit Center area.
If you are a victim of identity theft, which is hereby defined as the act of knowingly transferring or using, without lawful authority, a means of identification with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law or a felony under applicable state or local law ("Identity Theft"), and you incur problems or suffer damages, you should call the number listed in the My Credit Center area on this Web Site, or call 1-866-252-8808 and make a request for Assistance. Upon acceptance of your request, a CIC fraud resolution representative will contact you. If you contact CIC regarding fraud resolution, you are agreeing to permit CIC to order a copy of your credit reports for any purpose relating to your request for assistance.
DISCLAIMERS: CIC IS NOT OBLIGATED, NOR DOES IT PROMISE OR GUARANTEE THAT IT WILL PROTECT YOU AND/OR YOUR INFORMATION FROM IDENTITY THEFT. THE FRAUD RESOLUTION BENEFIT IS DESIGNED TO HELP YOU PROTECT YOURSELF FROM IDENTITY THEFT VULNERABILITIES. THE PRODUCT IS PROVIDED IN ADDITION TO ANY PRECAUTIONS YOU SHOULD REASONABLY BE EXPECTED TO TAKE, INCLUDING PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER PERSONALLY IDENTIFYING INFORMATION. CIC´S FRAUD RESOLUTION ASSISTANCE DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE. CIC DOES NOT GUARANTEE THE ACCURACY OF LIEN, JUDGMENT, INVESTMENT, OR CRIMINAL SEARCHES IT MAY PERFORM ON YOUR BEHALF.
CIC is not obligated or responsible for providing Assistance for any request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed based on the quality of goods or services, (c) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits, (e) losses, damages or expenses that were incurred or commenced prior to the membership, or (f) theft or damages of traveler's checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.
Reservation of Rights: CIC, including its agents, independent contractors, assigns or other expressly authorized third party, reserves the right to make an independent investigation of the facts and circumstances related to any Assistance request, including making contact by telephone, email, US Postal Service or otherwise, any service provider or related party it deems necessary, at its sole and absolute discretion and expense, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your Assistance request.
CIC reserves the right to request that you provide corroborating evidence of the unauthorized transaction, Identity Theft or other facts related to your Assistance request, including a signed affidavit, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that we may deem necessary and reasonable. Further, CIC reserves the right to refuse any Assistance request or provide any Assistance in the event you fail or refuse to provide us with any requested corroborating evidence related to the Identity Theft.
CIC reserves the right not to provide you with any Assistance or discontinue your membership in the event CIC determines that you knew, or should reasonably have known, of an act of Identity Theft that commenced prior to the membership. If at any time you cancel your membership, CIC is no longer obligated to provide any additional fraud resolution assistance.
You acknowledge and agree that CIC's name, Page Headers and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of CIC (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. CIC Marks may not be used in connection with any product or service that is not CIC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CIC. All other trademarks, product names, or logos not owned by CIC that appear on this Product Website are the property of their respective owners.
All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of CIC or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of CIC or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent.
Certain aspects of this website as well as features and services accessible from this website may be covered by one or more of the following U.S. Patent Nos: U.S. Patent No. 6,321,339; U.S. Patent No. 6,282,658; U.S. Patent No. 6,263,447; U.S. Patent No. 6,496,936; U.S. Patent 7,234,156; and U.S. Patent 6,857,073.