ACCEPTANCE OF TERMS
These Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to all transactions made at this Web Site. By submitting your order through our secure order form, you acknowledge receipt of our Privacy Notice and agree to its terms, confirm your authorization for ConsumerInfo.com, Inc., (“ConsumerInfo”) to obtain your credit report and agree to the Terms and Conditions herein.
ConsumerInfo provides this web site ("Web Site") to you. This Agreement is made between you and ConsumerInfo, the provider of the products at this Web Site. The Web Site, all products offered on this site, including but not limited to the membership based products known as Credit Check® Monitoring, and non-membership based products such as 3 Bureau Credit Report, Instant Single Credit Report, 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.
YOUR ACCESS TO AND USE OF THIS WEB SITE AND THE PRODUCTS AND CONTENT PROVIDED ON THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. 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 as prompted by the registration and application forms on this Web Site. By registering on this Web Site, 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 ConsumerInfo has reasonable grounds to suspect that such information is untrue, inaccurate or not current, ConsumerInfo, 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 ConsumerInfo will not be liable to you or any third party if ConsumerInfo 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 ConsumerInfo to obtain information from your personal credit profile from Experian or any other credit reporting company. You authorize ConsumerInfo to access your personal credit profile to verify your identity and to provide credit monitoring, reporting and scoring products.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND CONSUMERINFO, 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 credit reporting company 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 ConsumerInfo to dispute inaccurate or incomplete information in your Experian file or to receive a copy of your Experian consumer credit report.
The credit report you are requesting from ConsumerInfo 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 ConsumerInfo. This disclosure report must be obtained directly from Experian by going to www.experian.com/dispute.
Beginning December 1, 2004, 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, TransUnion, and Equifax) 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 ConsumerInfo’s Web Sites 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. The Products on this Web Site are not related to the free FCRA disclosure that you are or may be entitled to.
MODIFICATION OF PRODUCTS
ConsumerInfo may, at its discretion, modify or discontinue any of the Products or Content or a portion thereof, with or without notice. You agree that ConsumerInfo 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
Access to and use of password protected and/or secure areas of the Web Site is 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 report 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 provide instant online delivery of your credit report. For certain of our 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 complete 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.
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 reports 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.
ConsumerInfo 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. 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, 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. CONSUMERINFO 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 DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. CONSUMERINFO AND ITS SUPPLIERS MAKE 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.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT CONSUMERINFO AND ITS SUPPLIERS 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, PRODUCTS, MEMBERSHIP BENEFITS OR CONTENT, OR FROM YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE, EVEN IF CONSUMERINFO OR ITS SUPPLIERS 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 CONSUMERINFO, THEN YOU AGREE THAT CONSUMERINFO’S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM CONSUMERINFO’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CONSUMERINFO FOR THE PRODUCT(S) YOU PURCHASE FROM CONSUMERINFO.
You acknowledge and agree that (a) all Content is the copyrighted work of ConsumerInfo or its third party content suppliers and is protected by copyright laws, (b) ConsumerInfo’s name, the domain www.ConsumerInfo.com, the ConsumerInfo logo, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of ConsumerInfo (collectively, "Marks"), and (c) all other trademarks, product names, company names or logos on the Web Site are the property of their respective owners. In addition to agreeing to comply with all applicable laws, you agree you will not use any such Content or Marks from this Web Site for any purpose without the appropriate prior written authorization.
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.
Registering for any Product: To enroll in a monthly/annual credit monitoring Product or to request a credit report or score, you must complete an online registration form, which includes an address within the United States, and you agree to be bound by these Terms and Conditions. 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.
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 notincluded 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.
Your membership in credit monitoring is effective for the period covered by your membership fee and continues upon your payment of the monthly/annual renewal fee. Renewal fees for your membership will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, until you cancel your membership. Should you choose to discontinue your membership for any reason before expiration of the then applicable membership term for which you have paid, you may cancel your membership and terminate further billing by calling the toll-free number listed on this Web Site. If you are an annual subscriber who is eligible for a refund and choose to cancel within 180 days of when you were billed, you will receive a prorated refund of your current year's membership fee. If you are a monthly subscriber and choose to cancel after your free trial ends, your membership and monthly billing will terminate immediately and you will not be eligible for a prorated refund of any portion oof your paid monthly membership fee. ConsumerInfo reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership.
Please note it can take two to three weeks for new members to be enrolled in monitoring. ConsumerInfo does not control and is not responsible for the enrollment process. Your enrollment in credit monitoring is dependent on the bureau being able to enroll you in credit monitoring. If you are not able to be enrolled in credit monitoring, you will not receive alerts of changes to your credit report. If you are successfully enrolled in credit monitoring, alerts will be delivered to the email address that is given to ConsumerInfo when you enroll in credit monitoring. It is your responsibility to update your email address if it should change.
Credit Monitoring Membership With Trial: The free trial is a special offer limited to first–time customers only. Returning members will be billed the membership fee immediately upon renewal. During your trial period, you are eligible for one free report and/or score as dictated by your specific membership terms. You will be asked for valid credit card information when you sign up for the credit monitoring trial. ConsumerInfo will verify your credit card information before processing your order. An authorization will be preformed on your credit card, to make sure it is valid and in good standing, but we do not bill your card until the 30-day free trial period has passed. All subsequent reports and/or scores purchased during your trial period will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you. If you do not cancel during your trial period, your membership will continue automatically and the monthly/annual fee will be billed to the credit card or other billing source authorized by you.
Credit Monitoring Membership Without Trial: The monthly/annual fee for a credit monitoring membership without a trial period will be billed immediately to the credit card or other billing source authorized by you.
Credit Reports and Credit Scores
3 Bureau Credit Report, Instant Single Credit Report, PLUS Score® and Free Experian Credit Report: When you use our online 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 your credit report and/or score.
• 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 your protection, 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.
• If ConsumerInfo is not able to access a credit report from Experian, you will be provided a credit report from an alternative credit reporting company.
Disclaimers: You acknowledge that the information provided to you through the PLUS Score product, 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. ConsumerInfo 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.
These Terms and Conditions are governed by the laws of California without regard to conflict of law provisions with the exception of the Arbitration provision, which shall be governed by the Federal Arbitration Act. You hereby consent to the exclusive jurisdiction of the courts of the State of California. Venue shall be in Orange County, California.
ConsumerInfo’s policy on how your personal information is used and disclosed is contained in our Privacy Notice. Your Credit Check® Monitoring product is web-based and you agree to accept this notification, revisions, and the provision of an annual notice electronically through this Web Site.
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