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Submitted URL: https://go.theworknumber.com/e/892581/terms-/7w9cc/177048622?h=I1RD7CTeO5MMQLPtJYH4dKakmST07YdvmeQtNeeIdpE
Effective URL: https://www.equifax.com/terms/
Submission: On January 20 via api from US — Scanned from DE
Effective URL: https://www.equifax.com/terms/
Submission: On January 20 via api from US — Scanned from DE
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3. Terms of Use
Privacy and Terms
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TERMS OF USE
* What are the Terms of Use for Equifax?
* Product Agreement and Terms of Use
* Site Terms of Use
WHAT ARE THE TERMS OF USE FOR EQUIFAX?
Below you will find our Product Terms of Use and the Site Terms of Use when
using the Equifax website. You can also review our Privacy Policy, which
provides information regarding our handling of any personal information that you
may provide to us.
You can also access the separate terms of use for Lock & AlertTM and myEquifax,
which are applicable to those services, by using these hyperlinks.
FOR TERMS OF USE FOR THE EQUIFAX CREDIT REPORT FOR FURLOUGHED GOVERNMENT
EMPLOYEES, PLEASE CLICK HERE.
FOR TERMS OF USE APPLICABLE TO CONSUMERS WHO WERE MIGRATED FROM TRUSTEDID
PREMIER TO AN EQUIFAX PRODUCT, PLEASE CLICK HERE.
PRODUCT AGREEMENT AND TERMS OF USE
Last Revised: July 14, 2020
THIS PRODUCT AGREEMENT AND TERMS OF USE ("AGREEMENT") CONTAINS THE TERMS AND
CONDITIONS UPON WHICH YOU MAY PURCHASE AND USE OUR PRODUCTS THROUGH THE
WWW.EQUIFAX.COM, WWW.IDENTITYPROTECTION.COM AND WWW.IDPROTECTION.COM WEBSITES
AND ALL OTHER WEBSITES OWNED AND OPERATED BY EQUIFAX AND ITS AFFILIATES ("SITE")
UNLESS OTHERWISE NOTED. THIS AGREEMENT DOES NOT APPLY TO
WWW.EQUIFAXSECURITY2017.COM, WWW.TRUSTEDIDPREMIER.COM, OR WWW.TRUSTEDID.COM.
THIS AGREEMENT ALSO DOES NOT APPLY TO THE TRUSTEDID PREMIER PRODUCT, THE EQUIFAX
LOCK & ALERT SERVICE LAUNCHED ON JANUARY 31, 2018, THE EQUIFAX CREDIT REPORT
PRODUCT OFFERED TO FURLOUGHED GOVERNMENT EMPLOYEES LAUNCHED ON FEBRUARY 1, 2019,
OR THE EQUIFAX CYBERSECURITY INCIDENT ANNOUNCED ON SEPTEMBER 7, 2017. LIKEWISE,
THIS AGREEMENT DOES NOT APPLY TO CONSUMERS WHO WERE INFORMED IN NOVEMBER 2019
ABOUT MIGRATING FROM THEIR TRUSTEDID PREMIER PRODUCT TO AN EQUIFAX PRODUCT
YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT
CONTAINED IN SECTION 4 BELOW, BEFORE YOU WILL BE PERMITTED TO REGISTER FOR AND
PURCHASE ANY PRODUCT FROM THIS SITE. BY REGISTERING ON THIS SITE AND SUBMITTING
YOUR ORDER, YOU ARE ACKNOWLEDGING ELECTRONIC RECEIPT OF, AND YOUR AGREEMENT TO
BE BOUND BY, THIS AGREEMENT. YOU ALSO AGREE TO BE BOUND BY THIS AGREEMENT BY
USING OR PAYING FOR OUR PRODUCTS OR TAKING OTHER ACTIONS THAT INDICATE
ACCEPTANCE OF THIS AGREEMENT.
MANY GOVERNMENT RECORDS ARE AVAILABLE FOR FREE OR AT A NOMINAL COST FROM CERTAIN
GOVERNMENT AGENCIES. IN ADDITION, CONSUMER REPORTING AGENCIES ARE REQUIRED BY
LAW TO GIVE YOU A COPY OF YOUR CONSUMER DISCLOSURE (SOMETIMES REFERRED TO AS A
CREDIT REPORT) UPON REQUEST AT NO CHARGE OR FOR A NOMINAL FEE. NONE OF THE
PRODUCTS OFFERED THROUGH THIS SITE ARE INTENDED AS A SUBSTITUTE FOR THE CONSUMER
DISCLOSURE THAT MAY BE AVAILABLE TO YOU AS A MATTER OF FEDERAL OR STATE LAW
WITHOUT CHARGE. PRIOR TO PURCHASING ANY PRODUCT, YOU SHOULD REVIEW THE PORTIONS
OF THIS AGREEMENT ABOUT THE FAIR CREDIT REPORTING ACT (“FCRA”) OR VISIT
WWW.ANNUALCREDITREPORT.COM FOR FURTHER DETAILS REGARDING YOUR RIGHT TO OBTAIN A
COPY OF YOUR CONSUMER DISCLOSURE.
1. PROVIDERS OF PRODUCTS. The products and product features ("Product" or
"Products") subject to this Agreement and available via this Site are
provided by Equifax Consumer Services LLC ("Equifax") or, in the case of
the Automatic Fraud Alert feature ("AFA"), fulfilled by Equifax on behalf
of Equifax Information Services LLC (“EIS”). We may also partner with other
companies ("Suppliers") to provide Products to you or sell you a Product
provided by a Supplier. Equifax and its Suppliers are referred to in this
Agreement as "We," "Us," and "Our." You, the person visiting and utilizing
this Site, are referred to as "You", "Your" or the "Member". This Site also
provides access to certain Products subject to this Agreement within the
myEquifax account center. Products available through the myEquifax account
center include but are not limited to Equifax Core Credit, Equifax Credit
Monitor, and Equifax Complete. The myEquifax account center also provides
You with the ability to take certain actions related to your credit report
with EIS (“Equifax Credit Report”). Those actions currently include
placing, temporarily lifting, or permanently removing a security freeze on
your Equifax Credit Report and placing an initial fraud alert and active
duty alert on your Equifax Credit Report. You may also file a dispute on
your Equifax Credit Report with EIS through myEquifax. Those actions
related to freezes, fraud alerts, active duty alerts, and disputes are
governed by the myEquifax Account Agreement and Terms of Use, which are
found HERE. BY REGISTERING ON THIS SITE, YOU ARE ACKNOWLEDGING ELECTRONIC
RECEIPT OF, AND YOUR AGREEMENT TO BE BOUND BY, THE MYEQUIFAX ACCOUNT
AGREEMENT AND TERMS OF USE. YOU ALSO AGREE TO BE BOUND BY THE MYEQUIFAX
ACCOUNT AGREEMENT AND TERMS OF USE BY USING THE MYEQUIFAX ACCOUNT OR TAKING
OTHER ACTIONS THAT INDICATE ACCEPTANCE OF THE MYEQUIFAX ACCOUNT AGREEMENT
AND TERMS OF USE.
2. PERSONAL INFORMATION; AUTHORIZATION. As needed to provide Products to You,
You authorize and instruct Us to obtain, monitor, and compile Your: (i)
credit information from one or more consumer reporting agencies; (ii)
"non-public personal information", "personal information", and/or "highly
restricted personal information" about or concerning You as defined by the
Gramm-Leach-Bliley Act (15 U.S.C. sec 6801 et seq); and (iii) other
personal information. By placing Your order You acknowledge and agree that
Your access to the Products and any consumer credit information contained
therein is subject to Your prior written authorization and Our verification
of Your identity. As such, You understand and agree that by submitting Your
order, You are providing "written instructions" in accordance with the FCRA
for Us to obtain credit information about You from one or more of the three
nationwide consumer reporting agencies and You hereby authorize Us to
access Your personal credit information in order to provide the Products.
3. REGISTRATION; USE OF PRODUCTS. In order to purchase Products, You must
complete the registration process and become a Member. For paid products,
You will also be required to provide a valid payment source, such as credit
card information, unless You are activating a promotional code. We may use
information from third-party sources, including your mobile carrier, to
verify your identity. You authorize your wireless carrier to disclose
information about your account, such as subscriber status, payment method
and device details, if available, to support identity verification, fraud
avoidance and other uses in support of transactions for the duration of
your business relationship with us. This information may also be shared
with other companies to support your transactions with us and for identity
verification and fraud avoidance purposes. You may register to purchase
Products from this Site only on behalf of Yourself and by doing so, You
acknowledge and agree that it is illegal to order credit information about
anyone else. By registering, You further certify that You are eighteen (18)
years or older and that all of the information provided incident to Your
registration is true, accurate, complete and up to date. You further agree
to abide by all of the terms and conditions concerning Your use of the
Products, including any specific terms and conditions relating to
particular Products that You purchase. We provide Products and related
information solely to assist You in understanding Your financial and credit
status for Your personal benefit and You agree that You will not use the
Products for any other purpose, especially a commercial purpose. You must
also establish a user identification ("User ID"), password and personal
identification number ("PIN") and You agree to keep them strictly
confidential and not to share them with others.
4. AGREEMENT TO RESOLVE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION. PLEASE
READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS BY
REQUIRING ARBITRATION OF DISPUTES (EXCEPT AS SET FORTH BELOW) AND A WAIVER
OF THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS
ARBITRATION, OR OTHER REPRESENTATIVE ACTION. ARBITRATION PROVIDES A QUICK
AND COST EFFECTIVE MECHANISM FOR RESOLVING DISPUTES, BUT YOU SHOULD BE
AWARE THAT IT ALSO LIMITS YOUR RIGHTS TO DISCOVERY AND APPEAL.
Binding Arbitration. Any Claim (as defined below) raised by either You or
Equifax against the other shall be subject to mandatory, binding
arbitration. As used in this arbitration provision, the term "Claim" or
"Claims" means any claim, dispute, or controversy between You and Us
relating in any way to Your relationship with Equifax, including but not
limited to any Claim arising from or relating to this Agreement, the
Products or this Site, or any information You receive from Us, whether
based on contract, statute, common law, regulation, ordinance, tort, or any
other legal or equitable theory, regardless of what remedy is sought. This
arbitration obligation extends to claims You may assert against Equifax’s
parents, subsidiaries, affiliates, successors, assigns, employees, and
agents. The term "Claim" shall have the broadest possible construction,
except that it does not include any claim, dispute or controversy in which
You contend that EIS violated the FCRA. Any claim, dispute, or controversy
in which You contend that EIS violated the FCRA is not subject to this
provision and shall not be resolved by arbitration. The term “Claim” or
“Claims” also does not apply to any claim, dispute, or controversy related
to the TrustedID Premier product, www.equifaxsecurity2017.com,
www.trustedidpremier.com, www.trustedid.com the Equifax cybersecurity
incident announced on September 7, 2017, or to customers who were migrated
from TrustedID Premier to an Equifax product.
No Class or Representative Arbitrations. The arbitration will be conducted
as an individual arbitration. Neither You nor We consent or agree to any
arbitration on a class or representative basis, and the arbitrator shall
have no authority to proceed with arbitration on a class or representative
basis. No arbitration will be consolidated with any other arbitration
proceeding without the consent of all parties. This arbitration provision
applies to and includes any Claims made and remedies sought as part of any
class action, private attorney general action, or other representative
action. By consenting to submit Your Claims to arbitration, You will be
forfeiting Your right to bring or participate in any class action (whether
as a named plaintiff or a class member) or to share in any class action
awards, including class claims where a class has not yet been certified,
even if the facts and circumstances upon which the Claims are based already
occurred or existed.
Right to Opt-Out of this Arbitration Provision. IF YOU DO NOT WISH TO BE
BOUND BY THE ARBITRATION PROVISION, YOU HAVE THE RIGHT TO EXCLUDE YOURSELF.
Opting out of the arbitration provision will have no adverse effect on your
relationship with Equifax or the delivery of Products to You by Equifax. In
order to exclude Yourself from the arbitration provision, You must notify
Equifax in writing within 30 days of the date that You first accept this
Agreement on the Site (for Products purchased from Equifax on the Site). If
You purchased Your Product other than on the Site, and thus this Agreement
was mailed, emailed or otherwise delivered to You, then You must notify
Equifax in writing within 30 days of the date that You receive this
Agreement. To be effective, timely written notice of opt out must be
delivered to Equifax Consumer Services LLC, Attn.: Arbitration Opt-Out,
P.O. Box 105496, Atlanta, GA 30348, and must include Your name, address,
and Equifax User ID, as well as a clear statement that You do not wish to
resolve disputes with Equifax through arbitration. If You have previously
notified Equifax that You wish to opt-out of arbitration, You are not
required to do so again. Any opt-out request postmarked after the opt-out
deadline or that fails to satisfy the other requirements above will not be
valid, and You must pursue your Claim in arbitration or small claims court.
Initiation of Arbitration. Arbitration shall be administered by the
American Arbitration Association ("AAA") under its Consumer Arbitration
Rules in effect at the time the arbitration is filed unless any portion of
those rules is inconsistent with any specific terms of this arbitration
provision or this Agreement, in which case the terms of this arbitration
provision and this Agreement will govern. The AAA’s rules may be obtained
at www.adr.org, or by calling the AAA at 1-88-778-7879. To commence an
arbitration, you must file a copy of your written arbitration demand with
the AAA (either online at www.adr.org or by mail addressed to AAA, Case
Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043). The
arbitration shall be before a single arbitrator. The arbitrator will have
the power to award a party any relief or remedy that the party could have
received in court in accordance with the law or laws that apply to the
dispute, subject to any limitations of liability or damages that exist
under this Agreement. This agreement to arbitrate involves interstate
commerce and is made pursuant to the Federal Arbitration Act, 9 U.S.C.
sections 1-16 (the "FAA"). Any claim or dispute as to the enforceability of
this arbitration provision's restrictions on your right to participate in
or pursue a class action or class wide arbitration shall be decided by a
court and not an arbitrator.
Payment of Arbitration Fees and Costs. In the event You file a Claim in
arbitration in accordance with these provisions, We will advance all
arbitration filing fees if You ask that We do so, in writing, prior to the
commencement of the arbitration. The payment of any such fees will be made
directly by Us to the AAA. Such requests should be mailed to Equifax
Consumer Services LLC, Attn: Request for Payment of Arbitration Filing
Fees, P.O. Box 105496, Atlanta, GA 30348. We will also pay all arbitrator
fees. If Equifax prevails in the arbitration, then the arbitrator shall
have the authority to require that You reimburse Equifax for the filing
fees advanced, but only to the extent such fees would be recoverable by Us
in a judicial action. You are responsible for all other fees and costs You
incur in the arbitration, including attorney's fees and expert witness
fees, except that the arbitrator shall have the authority to award
attorney's fees and costs to the prevailing party; (i) based on applicable
law; (ii) under the rules of the arbitration administrator; or (iii) if the
arbitrator rules in Your favor and the arbitrator expressly determines that
there is a good reason for requiring Us to pay those fees and costs.
Continuation. This arbitration provision shall survive: (i) termination or
changes in this Agreement or the relationship between You and Us, including
but not limited to the purchase of a new or additional Product by You; and
(ii) termination or changes in Our providing any Product(s) to You.
Small claims court. Notwithstanding anything in this Section, either You or
Equifax may bring an individual action in small claims court as long as (i)
the claim is not aggregated with the claim of any other person, and (ii)
the small claims court is located in the same county and state as Your
address that You most recently provided to Equifax according to Equifax’s
records in connection with this Agreement.
5. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT. Equifax is not a credit
repair organization, or similarly regulated organization under other
applicable law and does not provide any form of credit repair advice or
counseling. Equifax offers You access to Your consumer report and other
credit-related information Products, but We do not offer, provide, or
furnish any Products, or any advice, counseling, or assistance, for the
express or implied purpose of improving Your credit record, credit history,
or credit rating. By this We mean that We do not claim We can "clean up" or
"improve" Your credit record, credit history, or credit rating and You
acknowledge and agree that You will not purchase, use, or access any of Our
Products or the Site for such purposes. These items (credit record,
history, and rating) are based on Your past or historical credit behavior,
and accurate and timely adverse credit information cannot be changed. If
You believe that Your consumer file contains inaccurate, non-fraudulent
information, it is Your responsibility to contact the relevant consumer
reporting agency, and follow the procedures established by the various
consumer reporting agencies related to the removal of such information.
6. YOUR RIGHT TO OBTAIN A CONSUMER DISCLOSURE FREE OF CHARGE. None of Our
Products are intended to substitute, or constitute an offer for a consumer
disclosure (sometimes referred to as a “credit report”) that may be
available to You without cost or obligation under federal or state law.
Prior to purchasing any Product via this Site, You should carefully review
Your right to obtain a free copy of Your consumer disclosure once every
twelve (12) months from each of the three nationwide consumer reporting
agencies by visiting www.annualcreditreport.com. A more complete
description of your rights to obtain or gain access to your consumer
disclosure without charge is contained in the "Additional Consumer
Report-Related Disclosures" in Section 32 of this Agreement.
7. CREDIT SCORES. Unless otherwise indicated, all credit scores furnished with
Our Products are Equifax Credit Scores. By this, We mean that (unless
otherwise indicated) all credit scores are prepared by Equifax and make use
of the Equifax Risk Score, which is a proprietary credit score model
developed by Equifax. Third parties use many different types of credit
scores and will not use the Equifax Credit Score to assess your
creditworthiness. When prepared and delivered to You as part of any
Product, the Equifax Credit Score is provided for educational purposes
solely to help You understand how lenders may evaluate Your overall credit
risk. Therefore, nothing in any of Our Products is an endorsement or a
determination of a person's qualification for a loan, or any other
extension of credit. Each lender has specific underwriting standards, so
You should not assume that You will receive the same evaluation, credit
terms or conditions. Equifax does not represent that the Equifax Credit
Score is identical or similar to any other credit score or score model.
Moreover, any estimated score changes predicted by Our Products are only
estimates and are provided for educational purposes solely to enable You to
determine how future financial decisions (e.g., obtaining a new car loan or
mortgage) might impact your credit score. In all instances, the information
We use to calculate Your Equifax Credit Score is derived from credit
information maintained by EIS or one of the other nationwide credit
reporting agencies. This consumer credit information reflects the latest
information provided to the pertinent consumer reporting agency. Recent
activity may not yet be reflected in Your consumer disclosure. If not, this
activity will not be reflected in Your Equifax Credit Score. In addition,
Your Equifax Credit Score may change every time new information is added to
or removed from a consumer report as well as with the passage of time. You
may obtain a credit score from EIS for a fee without purchasing any
Product.
Please note Equifax Core Credit™ provides You with a VantageScore 3.0,
which is a proprietary credit model designed by VantageScore Solutions,
LLC, based on Equifax data. Third parties may use a different VantageScore
or a different type of credit score to assess your creditworthiness.
8. MEMBERSHIP; PAYMENT AUTHORIZATION. With the exception of Our Report
Products, all of Our Products require that You establish a continuing
membership. This form of membership is sometimes referred to as a
"continuity plan." While the initial term of membership associated with Our
Products varies, most memberships are effective for: (a) under the monthly
plan, a period of one (1) month following Your initial enrollment date, or
(b) under the annual plan, a period of twelve (12) months following Your
initial enrollment date. In each case, Your initial membership term will be
clearly defined in the offer details and Your purchase confirmation. Once
established, all memberships (regardless of duration) automatically renew
indefinitely without further action by You, and the applicable membership
fee (if any) is automatically charged to You at the time of renewal in
accordance with the payment terms to which You agreed. We reserve the right
to increase or decrease the membership fee associated with Your Product
from time to time with or without notice and You agree that unless You
cancel Your membership prior to the effective date of any such fee
increase, You will be charged the new membership fee. Some products, such
as Equifax Core Credit, do not require payment.
9. FEES AND CHARGES; PAYMENT SOURCE. For paid products, by placing Your
Product order, You authorize Us to charge Your credit card or other account
that You have designated for such purpose ("Payment Source"). In the case
of Products other than Report Products, You further authorize Us to keep
your membership current by automatically charging Your designated Payment
Source for the then current fees associated with the monthly, annual or
other periodic renewal term established at the time of Your initial
enrollment. Except in the case of Report Products, Your membership will
continue or renew automatically and You will be charged the then current
membership fee associated with Your Product until You cancel. You agree to
pay for the Products, in U.S. dollars, using the Payment Source provided at
the time of registration. In addition, you authorize Us to attempt to
automatically update Your Payment Source if the information We have on file
is no longer valid, and if We are successful in obtaining updated credit or
debit card information, We will update Your records accordingly and charge
any updated Payment Source using the updated information. In the event that
We are unable to charge and/or update Your Payment Source, We may suspend
access to Your Product and if You fail to provide Us with a valid Payment
Source, Your Product will be subject to termination with or without notice.
We are not responsible for any overdraft/over-the-limit charges or bank
fees triggered by Your order being processed.
10. FREE TRIALS; CONVERSION TO PAID MEMBERSHIP. Whenever offered, all free
trials of Our Products require that You enroll as a Member. This enrollment
obligates You to continue Your membership beyond the expiration of the free
trial period unless You take the steps necessary to cancel Your membership.
You should carefully consider these obligations before attempting to enroll
in any free trial. As part of any trial enrollment, You will be required to
provide Us with a valid Payment Source, such as credit card information.
Prior to fulfilling Your order under any free trial, a prior authorization
may be requested from the Payment Source to ensure it is valid, but We will
not bill Your account until the free trial period has expired and provided
that You have not yet cancelled Your trial membership. In the event that
You wish to continue Your membership beyond the trial period, do nothing
and Your membership will automatically continue without interruption and
the applicable fee will be billed to the Payment Source provided at the
time of enrollment. You may cancel your trial membership at any time during
the free trial period without charge or further obligation by calling our
Customer Care Center at 1-866-807-7461. We reserve the right to impose
quantity limits to Free Trials of Our Products and We may refuse to
register You to obtain any of Our Products for any reason, including any of
Our Products that may be offered by means of a Free Trial.
11. PRODUCT CANCELLATION AND REFUNDS.
Subscription products: You may cancel any subscription-based Product at any
time. To cancel Your subscription, please contact our Customer Care Team
from 8:00 a.m. to 3:00 a.m. Eastern Time seven days a week at
1-866-807-7461.
* Monthly subscription products: To avoid charges for Your next month’s
subscription, You must cancel Your subscription before Your monthly
billing date. Your monthly billing date is the earlier of (i) the date of
the month you originally started your subscription on or (ii) the last
day of the month. For instance, if You signed up for Your product on
January 31st, Your monthly billing date would be the 31st of any month
with 31 days, or the day the relevant month ends, which -may be the 28th,
29th or 30th depending on the month in which You decide to cancel. Thus,
if You signed up on January 31, to avoid being charged again, You would
need to cancel Your subscription before February 28th. In the event You
cancel Your monthly subscription, You will not receive a refund, but You
will receive Your Product for the remainder of the billing month You
cancel in, and no further charges will be incurred. For instance, if Your
billing date was January 1, and You cancel Your subscription on January
15, You will not receive a refund for the remainder of Your billing
month, but You will receive Your Product until February 1.
* Annual subscription products: In the event that You cancel Your annual
subscription, You will receive a refund based on the original purchase
price and the number of fully unused months (based on Your billing date
as described above) in Your annual subscription. For instance, if Your
purchase date was January 1, and You cancel Your annual subscription on
February 1, You would receive a refund for the months of March through
December. You would also continue to receive your Product until March 1.
For both monthly and annual subscriptions, there are no partial month
refunds.
Report products: All sales of Report Products are final, and You will not
be entitled to a refund for any Report Product once it is delivered to You.
12. CHANGES TO PRODUCTS, PRICING, AND TERMS; TERMINATION. We may change the
prices for Our Products at any time, with notice, and You will be charged
the new price for all future purchases or renewals of Products. We may not
offer every Product on every Site and we may also modify or discontinue any
of Our Products or this Site (or any portion of Our Products or the Site)
or cancel, suspend or terminate this Agreement for any reason with or
without notice. If we do cancel this Agreement or any entire Product You
have purchased, We will give You a pro-rated refund for any Products
purchased but not yet provided. If We only modify a Product or discontinue
a Product feature or features, Your only recourse is to cancel Your Product
in accordance with Section 11 of this Agreement. We may amend this
agreement from time-to-time. When We amend this agreement, We will post the
amended Agreement on the Site. We will also send you an email alerting you
that the Agreement has been amended. Your continued use of the Site or
Products or payment for the Products constitutes Your acceptance of the
amended Agreement If you do not accept the new Agreement, you must cancel
your Product within 30 days of when we emailed you the notice. You also
agree to an amended Agreement if you take other actions that demonstrate
You have accepted the amended Agreement.
13. PRODUCT AVAILABILITY. Certain Products and/or Product features may not be
offered, applicable or available to You based on residency, age or other
eligibility criteria or factors. In the event that a Product is not
available at the time of enrollment, You will be notified during the course
of the registration process and your registration will not be accepted. In
such cases, You may be advised of one or more alternative Products, to the
extent that other Products are available. In the event that You are advised
of the availability of alternative Products, You should carefully evaluate
any such Product to determine its suitability. In addition to the
foregoing, We reserve the right to reject Your Registration for any reason.
We may also reject any Product order for any reason. By registering on this
Site, You agree that We will not be liable to You for loss or damage that
may result from Our rejection of any order that You may attempt to place.
14. PRODUCTS VARY. Our Products do not include the same features and benefits.
Prior to purchasing any Product, You should evaluate the features and
benefits included in each Product by reviewing the Product descriptions and
other Product literature contained in the Site. Should You have any
questions regarding Our Products, You should contact Our Customer Care
Center at 1-866-807-7461 prior to purchasing any Product. If You are
already a Member, please visit the Site to obtain a complete description of
Your Product, the features it contains, and instructions regarding how to
use it. If You are already a Member and subsequently determine that another
Product may be more suitable for Your needs, then Our Customer Care Team
may be able to assist You in substituting Your current subscription Product
for another Product. Note that such Substitutions may result in the
imposition of a higher membership fee.
15. ACTIVATION/PROMOTIONAL CODES. If You are using an activation or promotional
code ("Code") that You received as part of a third party data breach
notification, gift certificate, or a promotional offer made available by
Us, You will be required to provide Your Code during the course of Your
enrollment process in order to complete Your order for the Product that
corresponds to Your Code. All Codes contain a predetermined expiration date
beyond which they will no longer be valid. Whenever a Code is provided, it
is accompanied by a notification letter or other instructions and Product
information. Please review this information carefully prior to attempting
to activate Your Code. In the event that You have any questions or
encounter difficulty completing Your registration or Product order, please
contact Our Customer Care Team at 1-866-807-7461. Gift certificates
purchased by You at the Site are Products and are subject to this
Agreement, except for any terms that may be specifically excluded. Gift
certificates are also subject to the following additional terms. Each gift
certificate (i) expires on the expiration date stated therein, unless You
or the recipient lives in New Jersey (or another state the prescribes a
different date or no expiration date); (ii) must be redeemed through the
Site for the purchase of the Product specified therein; and (iii) is not
redeemable for cash and cannot be returned for a cash refund, unless You or
the recipient lives in New Jersey (or another state that requires by law
that gift certificates be redeemable for cash or returned for a cash
refund). If the recipient's order exceeds the face amount of the gift
certificate, the recipient must pay for the balance with a credit or debit
card. The Product received upon redemption is subject to this Agreement,
which the recipient must accept in order to redeem the gift certificate. We
are not responsible for lost or stolen Codes.
16. ELECTRONIC AND TELEPHONIC COMMUNICATIONS. Unless otherwise noted, Our
Products are internet-based and in order to access Our Products You must
have: an internet browser that supports 128-bit encryption; an email
account and appropriate email software; a personal computer, operating
system and connection to the internet, or in the case of Our mobile Product
features, a wireless device, software and connection to the internet
capable of supporting the foregoing; and sufficient electronic storage
capacity on Your computer's hard drive or other data storage unit or a
printer that is capable of printing from Your browser and email software.
As such, You understand and agree that this Agreement will be entered into
electronically, and that the following information ("communications") will
be provided by Us to You by electronic means: this Agreement and any
amendments, modifications or supplements to it; any initial, periodic or
other disclosures or notices provided in connection with the Products,
including without limitation Our privacy policy, all regulatory
disclosures, and all communications related to the Products. In furtherance
of the foregoing, You expressly consent to receive all communications
regarding Your membership electronically, either by e-mail or by notices
posted on the Site and You agree that any requirement that a notice,
disclosure, agreement, or other communication be sent to You by Us in
writing is satisfied by such electronic communication. In order to ensure
Your continuing access to Your Product, You agree to update Your email
address on file whenever Your email address changes. You further agree that
we may send You e-mails which include notices about Your membership as well
as information pertaining to the Products, such as featured Products or new
Product offerings, and surveys. You also expressly consent and agree to be
contacted by Us or anyone acting on Our behalf for non-telemarketing
purposes at any telephone number You provide to Us or we obtain for you,
including wireless telephone numbers. You further agree that We may make
this contact by using a predictive dialer or an automatic telephone dialing
system, including sending text or mobile messages by such a system, and/or
by using an artificial or prerecorded voice. You agree to notify Us
promptly if a telephone number You provided to Us is no longer a number at
which You may be reached (such as in the event of number reassignment or if
you want to revoke your consent to be contacted by telephone). Please note
that mobile messaging, text, and data rates may apply and You should
consult with Your Carrier prior to enabling any mobile feature associated
with Your Product. You may request a paper copy of any legally required
notice, withdraw Your consent to receive communications electronically, or
change Your email or postal address for receipt of communications, by
calling Our Customer Care Team at 1-866-807-7461 or sending Your request by
email to Customer.Care@equifax.com.
17. NO GUARANTEE OF PRODUCT AVAILABILITY. Because of the nature of Internet and
online communications, this Site or the Products may not perform as
intended despite Our efforts, those of Your Internet service provider, and
You. We do not guarantee uninterrupted or error free operation of Your
Product or this Site. From time-to-time, technical issues may also result
in the unavailability of or disruption of certain Products or Product
features. In addition, Your use of a Product that is excessive or in a
manner not contemplated by this Agreement may also result in a Product not
performing as intended despite Our efforts. We will use reasonable efforts
to maintain operation of the Site and availability of the Products at all
times. If there is a system error or other problem concerning Your Product,
You agree to promptly notify Us of the same, We will try to correct the
error, but You will not be entitled to any money for any system error of
any type except for monies You paid for Products that We do not provide.
Certain Product features within the Products may be provided by third
parties or may be dependent on data provided by third parties. We may be
unable to provide such Product features because the third party will no
longer provide the Product features or data to us or will no longer provide
the Product feature or data on terms that Equifax believes, in its sole
discretion, to be commercially reasonable. Equifax will notify you if it is
no longer able to offer a Product feature or certain data associated with a
Product feature for these reasons. Equifax will not be liable for failure
to provide all or part of a Product or Product feature for these reasons.
18. SUBSCRIPTION-BASED PRODUCTS. The Products offered through this Site consist
of membership Products (sometimes referred to as "continuity plans") and
one-time Report Products. Unless otherwise indicated, all Products are
subscription-based. By "subscription-based" We mean that all such Products
and associated Product features are offered pursuant to memberships that
automatically renew indefinitely without further action by the Member, and
the corresponding membership fee (if applicable) is charged to the Member
each subsequent renewal term (monthly or annually, as the case may be). So
long as the subscription-based membership remains active, each Member is
entitled to all of the features, benefits, and privileges associated with
membership until the membership is cancelled by the Member or otherwise
terminates or expires. Upon cancellation, Member immediately loses access
to all of their credit data, analyses or similar information housed within
the Site and all other Product benefits. All of Our subscription-based
Products renew automatically, but no Product is offered pursuant to terms
which prevent the Member from cancelling the Product prior to the
expiration of the then-current term. Accordingly, YOU MAY CANCEL YOUR
SUBSCRIPTION-BASED MEMBERSHIP AT ANY TIME BY CALLING OUR TOLL-FREE NUMBER
AT 1-866-807-7461 OR BY NOTIFYING US IN WRITING AT EQUIFAX PERSONAL
SOLUTIONS, P.O. BOX 105496, ATLANTA, GEORGIA 30348, ATTENTION: PRODUCT
CANCELLATION AND ANY SUCH CANCELLATION REQUEST WILL BECOME EFFECTIVELY
PROMPTLY UPON OUR RECEIPT OF YOUR REQUEST.
19. REPORT PRODUCTS. If You purchase a one-time Report Product, the resulting
report will be accessible online for a period of thirty (30) days from the
date You order the report. If You would like to be able to refer to the
report beyond the 30 day period that it is available online, You must print
the report within the 30 day period. The report will not update during the
30 day period that it is available online. If You order a Report Product
while You are an active Member of a subscription-based Product, You may
view the resulting Report Product online (but not update) for 12 months
from the date that You ordered the report, provided that You maintain Your
membership during that time. If You cancel Your enrollment, Your report
will no longer be available as of the date you cancel and You must print
the report prior to cancellation if You would like to be able to refer to
Your report beyond that time. If you select a purchase option such as
Complete Report Pack that features a multi-report product that allows You
to order multiple reports for a single price during a defined time period
(usually 90 days), You must order all of the reports within the specified
timeframe. If You fail to order all of the reports that are available under
the multi-report product, You will forfeit your ability to obtain further
reports.
20. CREDIT MONITORING PRODUCTS AND PRODUCT FEATURES. When offered or included
as part of Our Products, "Credit Monitoring" monitors Your consumer credit
files maintained by one or more of the three nationwide consumer reporting
agencies, depending on the type of Product You have purchased (e.g, single
bureau monitoring, tri-bureau monitoring, etc.). In each case the credit
file or files that are monitored on Your behalf are separately owned and/or
maintained by one or more of the three nationwide consumer reporting
agencies: EIS, TransUnion LLC, and Experian. In the case of all Products
which feature Credit Monitoring, the Credit Monitoring You request and
authorize monitors the credit file (or files in the case of tri-bureau
Products) most closely identified with You based on identifying factors
such as first, last, and middle name, date of birth, Social Security
Number, and current and former addresses. Credit Monitoring will not advise
You if an item of identifying information is contained in the credit file
of another person and in no event will Credit Monitoring ever monitor,
compare or cross-reference Your credit file(s) with the credit file(s) of
another person, nor will it ever provide You with any information contained
in another person's credit file(s).
Your credit monitoring alerts from EIS will usually begin on the day you
enroll in an applicable Product. If Your Product also includes credit
monitoring from Transunion LLC and Experian, the credit monitoring of
credit files at those consumer reporting agencies may take several days to
begin.
If You order a Product that includes credit monitoring alerts from EIS and
You cannot be successfully enrolled in credit monitoring from EIS, We will
cancel Your Product. If you cannot be successfully enrolled to receive
credit monitoring from Experian or Transunion LLC after purchasing an
applicable Product, We will cancel Your Product and in our sole discretion
offer You the ability to enroll in a single bureau Equifax monitoring
Product.
21. IDENTITY THEFT PRODUCTS AND PRODUCT FEATURES. Certain Products contain
features that may be of assistance to You in helping to prevent, detect
and/or respond to incidents involving certain forms of theft or misuse of
Your personal information ("Identity Products"). “Identity Products” do not
include identity theft restoration assistance, which is described in
Section 23 of this Agreement, and this Section of the Agreement does not
apply to identity theft restoration assistance as described in Section 23
of this Agreement. We offer several Identity Products and not all versions
of Our Identity Products include the same features. Prior to purchasing any
Identity Product, You should carefully review the Product Detail Page
within the Site that is associated with each Identity Product for a
complete list of included features and an explanation of the possible
benefits and limitations. In addition, You should also consider the
availability of information, tools, and resources that may be available to
You without charge or for a nominal fee in the event that You suspect that
Your identity has been stolen or compromised, or may be subject to,
possible theft or misuse. You can learn more regarding the availability of
such resources, by visiting the website maintained by the Federal Trade
Commission at https://www.ftc.gov. Our Identity Products are information
Products that consist of one more Product benefits that deliver information
to Members to help them minimize the risk of identity theft and to prepare
them to respond in the event that a real and/or suspected act of "Identity
Theft" should occur. For purposes of this Agreement, “identity theft” is
when your name, address, social security number, debit card, credit card or
certain other personally identifiable information (“PII”) is stolen, lost,
or otherwise used without your knowledge or approval to commit crimes or
other fraud in the United States of America. The brief summary provided in
this Section is not intended to provide a comprehensive summary of Our
Identity Products, nor are the descriptions of Our Identity Products
contained in this Agreement intended to provide a complete list of all of
the terms, conditions, exclusions and limitations that may apply with
respect to any particular Identity Product. Please review the comprehensive
Product descriptions and associated Product literature contained in the
Site for a more complete description of Our Identity Products prior to
ordering any Identity Product. BY PLACING YOUR ORDER FOR ANY IDENTITY
PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT NO PRODUCT IS CAPABLE OF PREVENTING
OR DETECTING ALL FORMS OF IDENTITY THEFT. YOU ALSO AGREE THAT YOU WILL TAKE
REASONABLE PRECAUTIONS TO PROTECT AND SAFEGUARD YOUR PERSONAL AND FINANCIAL
INFORMATION AND AVOID DISCLOSURES OF ANY SUCH INFORMATION TO ANY INDIVIDUAL
OR ENTITY, KNOWN OR UNKNOWN, THAT COULD BE REASONABLY EXPECTED TO
IMPROPERLY USE SUCH INFORMATION. EQUIFAX AND ITS DIRECTORS, OFFICERS,
AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR AFFILIATED COMPANIES
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
IDENTITY PRODUCTS AND WE DO NOT WARRANT THAT THEY WILL MEET YOUR
REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.
NONE OF THE IDENTITY PRODUCTS PROVIDED BY US UNDER THIS AGREEMENT
CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT AND/OR
THE CONSEQUENCES OF IDENTITY THEFT AND OUR LIABILITY TO YOU WITH RESPECT TO
ANY LOSSES YOU MAY SUFFER OR INCUR AS A RESULT OF ACTUAL OR SUSPECTED
IDENTITY THEFT ARE LIMITED TO THE PRODUCT FEATURES EXPLICITLY SET FORTH IN
THIS AGREEMENT AND THE IDENTITY PRODUCT DESCRIPTION CONTAINED IN THE SITE.
In addition, We reserve the right to request that You provide corroborating
evidence with respect to any incident of Identity Theft of which We are
notified, including signed affidavits, law enforcement or governmental
agency reports, or other corroborating evidence, In the event that You fail
to provide any requested corroborating evidence, We reserve the right not
to provide You with any Product features or benefits normally available as
part of Your Product. If You cancel Your Identity Product membership, We
are no longer obligated to provide any of the Product benefits associated
with Your membership, regardless of whether or not a particular act of real
and/or suspected Identity Theft occurred while Your identity Product
membership was active.
22. IDENTITY THEFT INSURANCE. Certain Products include an identity theft
insurance benefit for active Members. The insurance limits are different
depending on the Product. These identity theft insurance benefits are
provided under master group policies issued to Equifax for the benefit of
its Members. The complete insurance policies are available from Us on
request. The insurance provider administers all claims, and We shall have
no responsibility with respect to such identity theft benefit. Please
click here to view the policy summary of benefits for policies providing an
aggregate limit of insurance of up to $25,000, here to view the policy
summary of benefits for policies providing an aggregate limit of insurance
of up to $50,000, here to view the policy summary of benefits for policies
providing an aggregate limit of insurance of up to $500,000 and here to
view a summary of benefits of the policies providing an aggregate limit of
insurance of up to $1,000,000.
23. IDENTITY THEFT RESTORATION. Certain Products offer identity theft
restoration assistance (“IDR”). If Your Product has this feature, You must
contact customer care for assistance. In most cases, if your Product has
IDR as a Product feature, information about how to contact customer care
can be found after you sign in to Your Member Center. If You are receiving
IDR through an offering from Your employer, however, Your employer may
provide you contact information for customer care and provide other
important information and requirements. If you have been notified You are
eligible for IDR because of a suspected data breach or security incident,
Your notification letter will instruct You about how to obtain IDR and
provide other important information and requirements.
IDR is offered when You have a qualifying “identity theft” event. For
purposes of this Section, Identity theft is when your name, address, social
security number, debit card, credit card or certain other personally
identifiable information (“PII”) is stolen, lost, or otherwise used without
your knowledge or approval to commit crimes or other fraud in the United
States of America. To be eligible for IDR, You must be a US citizen or
permanent resident. You must also report an eligible identity theft event
to Us within ninety (90) days after You first discover the identity theft
event.
IDR attempts to restore Your identity by working with credit bureaus, card
issuers, and others. This includes:
* Explaining Your rights as a victim of identity theft;
* Providing You with an identity theft restoration claims kit in the event
you have been the victim of an identity theft event (which you must
complete and return);
* Assisting You with placing fraud alerts and security freezes with the
three nationwide consumer reporting agencies (EIS, Experian, TransUnion);
* Contacting those entities where the identity theft event occurred,
submitting appropriate documentation, and negotiating on your behalf to
help resolve the identity theft event;
* Helping You through the process of filing an identity theft affidavit
with the Federal Trade Commission.
Restoring Your identity may not be possible in all cases, and We do not
guarantee the effectiveness of IDR. In many cases, We will have to work
with third parties to attempt to restore Your identity. Some of those third
parties, however, may not agree to work with Us. In those cases, We will
provide You with instructions about how to attempt to restore Your
identity. Other third parties may agree to work with Us but only if You
also participate in those efforts, such as by participating in three-way
telephone calls. In those instances, You agree to participate in such calls
and otherwise assist Us.
For Us to provide IDR, You may be required to provide Us with a Limited
Power of Attorney (“LPOA”). If a LPOA is required, it will be included in
Your claims kit or otherwise delivered to You and must be returned to Us.
This document allows Us to work on Your behalf with creditors, merchants,
banks and other entities. You may also be required to provide Us with other
documents for certain types of identity theft, such as tax identity theft.
In addition, separate and apart from the LPOA, You authorize us to take all
reasonable actions on Your behalf to help restore Your identity. This
includes (i) providing Us with “written instructions” in accordance with
Section 2 of this Agreement allowing Us to order and access credit reports
from one or more consumer reporting agencies (ii) authorizing Us to take
any other reasonable actions for the purpose of providing You assistance
and taking other steps that are necessary to work with third parties to
help restore Your identity. You acknowledge and agree that You do not have
to specifically authorize each action We take, and You further acknowledge
that We can investigate the facts and circumstances related to Your
identity theft case, including but not limited to contacting third parties
by US mail, telephone, and email. We reserve the right to ask for evidence
of or related to the identity theft event or related facts, including, for
instance, affidavits, police reports, or other government reports. If You
do not provide us with requested information or do not cooperate with Us,
We will not provide You with IDR.
In addition, if You have a minor family member who is eligible for IDR as
part of Your Product and he or she becomes a victim of identity theft, You
may be required to provide additional documentation to verify You are the
minor’s guardian, provide proof of the minor’s identity, and be required to
submit a LPOA for the minor.
IDR will not be provided in certain situations, including the following:
* Circumstances where You suffer a loss directly or indirectly resulting
from Your negligence. For purposes of this exclusion, “negligence” means
the failure to exercise reasonable care with respect to the disclosure of
Your PII and/or financial account information. For example, You
negligently, but willingly, provide Your PII and/or financial account
information to a “fraudster” for a service or product, and the fraudster
deducts funds from Your account. A “fraudster” is defined as a dishonest
individual, group, or company that engages in activity to make money by
deceiving individuals;
* Circumstances where You suffer no direct or indirect financial losses or
are not held responsible for such financial losses attributable to the
identity theft event;
* Circumstances where You suffer any loss to an account used for a
“business purpose”. For purposes of this exclusion, “business purpose”
shall mean any purpose other than for personal, family or household
purposes;
* Circumstances where You are unwilling to cooperate with financial
institutions, merchants or other creditors, or prosecute or otherwise
bring a civil or criminal claim against any person culpable or reasonably
believed to be culpable for the fraud or its consequences;
* Circumstances where You suffer losses arising from extortion, blackmail
or criminal threats carried out by a person or persons, by means of
preventing You from either gaining access to Your financial accounts
and/or PII or threatening to destroy such PII where such actions are
carried out for the purpose of extorting money;
* Circumstances where an identity theft event is committed or attempted to
be committed by Your immediate family member without signature authority
on the impacted account. For purposes of this exclusion, an immediate
family member includes only one who is Your spouse (or analogous domestic
partner recognized by law, such as a civil union), Your child, or the
child of Your spouse at the time of the identity theft event;
* Circumstances where You have been accused of a crime, such as where an
alleged identity thief may have used your information and misrepresented
him or herself to law enforcement as You;
* Circumstances where the identity theft event is caused by or directly or
indirectly related to an act of war or warlike action or terrorism,
including cyberterrorism;
* For any dishonest, criminal, malicious or fraudulent acts, if You
personally participated in, directed, or had knowledge of such acts;
* For any physical injury, sickness, disease, disability, shock, mental
anguish, or mental injury, including required care, loss of services or
death at any time resulting directly or indirectly from the identity
theft event; and
* When You voluntarily disclose any code or other security information to
someone who subsequently contributes to an identity theft event,
provided, however, that this does not include voluntary disclosure due to
duress or fraud.
IDR will also not be provided if You knew about the identity theft before
You signed up for the Product. If You cancel Your Product while you are
actively receiving IDR, We will not provide You with additional IDR after
your cancellation date.
IDR is not an insurance contract or policy and will not reimburse You or
otherwise pay for any costs, fees, damages, financial losses, similar
losses or expenses, pain and suffering or any other emotional or economic
loss. IDR also does not reimburse You for or otherwise pay for attorneys’
fees or other professional fees.
24. FAMILY PLAN PRODUCT. The Equifax Family Plan is a subscription-based
Product that allows one adult ("Primary Member") to purchase a single
membership that enables a second adult ("Added Member") to enjoy the
benefits associated with one of our most common subscription-based Products
(Equifax Complete Premier) at a discount to the normal retail price each
adult would pay for an individual membership for the Product (Equifax
Complete Premier) that corresponds to the features and benefits associated
with the Family Plan Product. In addition to these possible financial
savings, the Family Plan Product offers two Product features that are
unique to Our Products. The first benefit is the ability of either adult to
authorize Us (by way of an affirmative opt-in election and authorization
that is revocable at any time) to share Alerts that are the result of
Credit Monitoring. No other form of credit information or personal
information can be shared or disclosed. The second benefit associated with
Family Plan is the ability of the Primary Member to monitor up to four (4)
of their minor children by means of the "Child Monitoring" Product feature
described in Section 25 below. When You enroll under the Family Plan
Product (as the Primary Member or Added Member, as the case may be) and
authorize Us to share Your Alerts with the other adult Member, You are the
"Subject". When the other adult Member makes their Alerts available to You
for You to review, You are the "Reviewer." The election to share Alerts
under the Family Plan Product is strictly optional and does not need to be
reciprocal. By this, We mean that the Shared Alerts option can be
configured such that one, both or neither of the adult Members may choose
to share Alerts. In no event will You be able to share Your Alerts or view
the other Member's Alerts unless We have successfully authenticated Your
identity and You have expressly authorized Us (by way of an affirmative and
revocable election) to do so. The version of Your Alerts that We provide to
the Reviewer, will be the same as the Alerts You see, but no other credit
information will ever be shared or made available to the Reviewer, even if
You request that We do so. You will not have the opportunity to review the
Shared Version of Your Alerts before We share it with the Reviewer pursuant
to Your authorization. You acknowledge and agree that when You enable the
Shared Alerts capability within the Member Center that You are designating
Us as Your agent and giving Us Your "written instruction" to obtain from
EIS and public records sources the credit file and other information
necessary to compile Your Shared Alerts, to create Your Shared Alerts for
You, and to make the Shared Version of Your Alerts available to the
Reviewer as instructed by You. YOU ACKNOWLEDGE THAT IT IS YOUR
RESPONSIBILITY TO EXERCISE SOUND JUDGMENT WHEN DECIDING WHETHER AND WITH
WHOM TO SHARE YOUR ALERTS, AND YOU AGREE THAT YOUR INTERACTIONS WITH SUCH
REVIEWERS, INCLUDING YOUR ACCESS TO AND USE OF THE FAMILY PLAN PRODUCT, IS
AT YOUR OWN RISK. ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE,
NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS,
LICENSORS, OR AFFILIATED COMPANIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR
ANY ACTIONS TAKEN OR DECISIONS MADE BY ANY REVIEWER WITH WHOM YOU HAVE
SHARED YOUR ALERTS.
25. MONITORING OF MINOR CHILDREN INCIDENT TO FAMILY PLAN. In the event that You
(in Your capacity as the Primary Member) successfully establish Your
membership in the Family Plan Product, You will also be eligible to enroll
up to four (4) of Your minor children for Child Monitoring. If We are
unable to successfully enroll You in Credit Monitoring program, Your entire
Product order, including any pending orders to perform Child Monitoring for
Your minor children, will be cancelled and You will not receive alerts
regarding Your minor children. Child Monitoring Differs from Credit
Monitoring. The monitoring that will be performed for your enrolled minor
children is different than Credit Monitoring that is available under Our
Products for adult Members who are age eighteen (18) or older. Once Your
minor children have been successfully enrolled, We will first determine if
an EIS credit file currently exists with respect to each enrolled child. If
there is an Equifax credit file for your minor child, We will notify you
via email alert within twenty four (24) hours of Us having received the
report. If an EIS credit file does not exist for your minor child, an EIS
credit file will be established and You expressly authorize and instruct Us
to instruct EIS to place a credit lock on each such file, which prevents
most third party access to the minor child's EIS credit file. Enrollment of
Minor Children in Family Plan. As part of Your Family Plan membership, You
are entitled to enroll up to four (4) minor children for whom you are the
legal parent or guardian by providing the required information and/or
documentation including, but not limited to, a valid Social Security number
and date of birth for each of Your minor children. In certain
circumstances, You may not be permitted to enroll Your minor children
on-line. In such circumstances, You will be notified of this event, and We
will provide You with additional instructions regarding the steps and
additional information needed to take in order for You to enroll Your minor
child or children by contacting our Customer Care Center at 1-866-807-7461.
Children that have reached the age of seventeen (17) years and nine (9)
months are not eligible for Child Monitoring and any attempt on Your part
to enroll such a minor child will be denied. Further Certifications or
Documents May be Required. We will provide information about a minor child
only to a Primary Member who is also the minor child's parent or legal
guardian. By enrolling any minor child, You must certify that each such
child is under the age of eighteen (18) years of age and You are the parent
or legal guardian of each minor child whom You have named on the enrollment
forms. We may also require further documentation regarding your status as
parent or legal guardian prior to releasing certain information to You. By
initiating Child Monitoring, You acknowledge and agree that it is illegal
for anyone to obtain credit-related or other personal information
concerning a minor child for whom they are not the parent or legal guardian
and You further acknowledge and agree that Your enrollment of your minor
child requires Us to obtain information about Your child from EIS, a
consumer reporting agency, and that any information about Your minor child
that You obtain from Us will be used solely for the purpose of assisting
You in protecting Your minor child against actual, suspected or potential
fraud.
Automatic Suspension. Any minor children You enroll for Child Monitoring
will automatically lose their eligibility to remain under the Family Plan
Product within seven (7) days before their eighteenth (18th) birthday and
all Child Monitoring will automatically cease on or before that date. After
this occurs, You will no longer be eligible to receive monitoring of any
sort regarding that minor child and all other benefits available to You or
Your minor child under the Family Plan Product will likewise cease upon the
child attaining the age of eighteen (18).
26. IDENTITY REPORT™ PRODUCT. The Identity Report Product is a Product that
allows individuals to share a verification of their identity and their
credit standing with others. When You obtain Your Identity Report and share
Your Identity Report with someone else, You are the "Subject". When someone
else makes their Identity Report available to You for You, You are the
"Reviewer." When You order Your own Identity Report, You will receive two
versions for Your review: a Subject Version and a Shared Version. Both
versions will be available to You to view for 30 days from the date that
You first order Your Identity Report. The corresponding Subject Version of
Your Identity Report will include a snapshot of Your identity information,
a high-level summary of Your credit score range (if available), and a copy
of Your Equifax Credit Report. We will not provide the Subject Version of
Your Identity Report to any individuals other than You. The Shared Version
of Your Identity Report will include a summary version of Your identity
information and Your credit score range (if available), but will not
include Your Equifax Credit Report. We will not make the Shared Version of
Your Identity Report available to other individuals unless You decide that
You want to share it and instruct Us to do so on Your behalf. You will have
the opportunity to review the Shared Version of Your Identity Report before
You decide if You want to share it with anyone else. You acknowledge and
agree that when You order Your Identity Report, You are designating Us as
Your agent and giving Us Your "written instruction" to obtain and collect
from EIS and public records sources the credit file and other information
necessary to compile Your Identity Report, to create Your Identity Report
for You, and to make the Shared Version of Your Identity Report available
to those individuals as instructed by You. YOU ACKNOWLEDGE THAT IT IS YOUR
RESPONSIBILITY TO EXERCISE SOUND JUDGMENT WHEN DECIDING WHETHER AND WITH
WHOM TO SHARE YOUR IDENTITY REPORT, AND YOU AGREE THAT YOUR INTERACTIONS
WITH SUCH INDIVIDUALS, INCLUDING YOUR ACCESS TO AND USE OF THE IDENTITY
REPORT PRODUCT, IS AT YOUR OWN RISK. ADDITIONALLY, YOU ACKNOWLEDGE AND
AGREE THAT NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS,
EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES, OR AFFILIATED CREDIT
BUREAUS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY ACTIONS TAKEN OR
DECISIONS MADE BY ANY INDIVIDUALS WITH WHOM YOU HAVE SHARED YOUR IDENTITY
REPORT.
27. FINANCIAL ALERTS. Certain of Our Products offer You the opportunity to
activate Our Financial Alerts feature, which allow Members to receive
Financial Alerts concerning certain activity regarding their financial
accounts (e.g., checking accounts, credit cards, etc.) These alerts can be
customized by the Member to reflect the accounts to be monitored and the
thresholds for the creation of alerts. In order to enable Us to provide You
with Your Financial Alerts (if available under Your Plan), You must
activate this Product Feature and as part of this process, You must agree
to provide certain information to Us that is needed in order for Us to
access third-party financial websites and the information regarding Your
accounts and all financial relationships designated by You (each a
"Third-Party Account"). By providing Us with the foregoing information, You
represent and warrant to Us that You are the legal owner of and have the
right to authorize and permit Us to access each of the Third-Party Accounts
that You so designate, and You expressly authorize Us to obtain and utilize
such information solely for the purpose of providing You with Your
Financial Alerts. By activating Your Financial Alerts Product Feature, You
acknowledge and agree that: (i) Your relationship with each Third-Party
Account provider is fully independent of Your relationship with Us and Your
use of the Financial Alerts and the Products to which they relate; (ii) We
do not have a contractual or operational relationship with your Third-Party
Account providers; and (iii) Our responsibility with respect to the
Financial Alerts and the Product to which it relates is limited to solely
to providing You with information made available by your Third-Party
Account providers. Any questions regarding data accuracy with respect to a
Financial Alert must be raised directly with the Third-Party Account
provider. As a condition of Your activation of the Financial Alerts Product
Feature, You expressly acknowledge and agree that We shall not be
responsible for any act or omission by any Third-Party Account provider,
including without limitation any modification, interruption or
discontinuance of any Third-Party Account. NOTWITHSTANDING ANYTHING IN THIS
AGREEMENT TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE
ACCESSING AND RETRIEVING INFORMATION FROM ANY THIRD-PARTY ACCOUNT IN ORDER
TO PROVIDE A FINANCIAL ALERT, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE
AGENT OF OR ON BEHALF OF THE THIRD PARTY. YOU AGREE THAT WE AND OUR
AFFILIATES AND SERVICE PROVIDERS SHALL BE ENTITLED TO RELY UPON THE
FOREGOING AUTHORIZATION GRANTED BY YOU HEREIN AND YOU AGREE THAT WE SHALL
NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED
AS A RESULT OF (1) OUR ACCESS TO THE THIRD-PARTY ACCOUNTS; (2) OUR
RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD-PARTY
ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN
INFORMATION RETRIEVED FROM THE THIRD-PARTY ACCOUNTS; OR (4) ANY CHARGES
IMPOSED BY THE PROVIDER OF ANY THIRD-PARTY ACCOUNT.
28. SCORE POWER® AND SCORE WATCH® PRODUCTS. Fair Isaac Corporation and Equifax
jointly provide certain of the Products available through this Site. If You
purchase these Products You will obtain, among other things: (i) a copy of
Your Equifax Credit Report™; (ii) Your BEACON®/FICO® credit score,
calculated from the information contained in Your Equifax Credit Report™;
and (iii) an explanation of how a creditor is likely to view Your score and
the major reasons You scored as You did. These Products feature the "FICO
Score", which is produced using a proprietary credit score model developed
by Fair Isaac Corporation. All such Products are clearly identified in the
Product literature contained within the Site and You should carefully
consider the different credit scores that are associated with Our Products
prior to purchasing any Product.
29. PRIVACY. By submitting Your order, You acknowledge receipt of Our Privacy
Notice and acknowledge that We may use and share Your personal information
in accordance with Our Privacy Notice.
30. OWNERSHIP. This Site contains copyrighted material and any information that
You retrieve is copyrighted by its owner. You may not remove, alter or
cover any copyright or other proprietary notices placed on this site or on
products or related materials acquired through this site. We, collectively
or individually, retain ownership of all intellectual property rights in
the Products and this Site, including without limitation any information,
materials, text, graphics, images, logos, site design, and the selection,
assembly, and arrangement of the Site ("content"). The content may not be
copied, distributed, displayed, modified, reproduced, performed, published
or reverse engineered in whole or in part without Our prior written
permission.
31. QUESTIONS ABOUT YOUR CREDIT FILE OR SCORE. EIS is the nationwide consumer
reporting agency that maintains the credit file used to provide the
Products, except for any non-EIS credit files that may be used in Products
(i.e., credit files maintained by one or more of the other two nationwide
consumer reporting agencies). Any questions or disputes regarding the
accuracy of any information in Your EIS Credit Report (also used in some
other Products) must be directed to, and will be handled by, EIS. EIS IS
REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CONSUMER DISCLOSURE (SOMETIMES
REFERRED TO AS A CREDIT REPORT) UPON REQUEST, AT NO CHARGE OR FOR A NOMINAL
FEE. IF YOU BELIEVE YOUR EIS CONSUMER DISCLOSURE CONTAINS INACCURATE OR
INCOMPLETE INFORMATION, YOU MAY REQUEST, AT NO CHARGE TO YOU, THAT EIS
RESEARCH THE INFORMATION CONTAINED IN YOUR EIS CONSUMER DISCLOSURE.
Further, if You believe or suspect that You have been the victim of
identity theft, You may request, at no charge to you, that EIS place an
alert on Your EIS credit report. You do not have to purchase a Product in
order to receive a copy of Your consumer disclosure from EIS or to dispute
information contained in it, or to request that EIS place an alert on Your
credit file. To dispute information or place an alert in Your credit file,
You may contact EIS at the number on Your EIS consumer disclosure, or You
may contact Us and we will transfer or direct you to the appropriate EIS
representative. To obtain more information about Your rights, go to the
Credit Education Page on Our Site and click on "Summary of FCRA Rights."
32. ADDITIONAL CONSUMER REPORT RELATED DISCLOSURES. You have a right to obtain
a free copy of your consumer disclosure once every 12 months from each of
the nationwide consumer reporting agencies. To request your free annual
consumer disclosure, you may go to www.annualcreditreport.com, or call
1-877-322-8228, or complete the Annual Credit Report Request Form and mail
it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA
30348-5281. You can obtain additional copies of your consumer disclosure
from a consumer reporting agency, for which you may be charged a reasonable
fee. There is no fee, however, if you have been turned down for credit,
employment, insurance, or a rental dwelling because of information in your
credit file within the preceding 60 days. The consumer reporting agency
must provide someone to help you interpret the information in your credit
file. You are entitled to receive a free copy of your consumer disclosure
if you are unemployed and intend to apply for employment in the next 60
days, if you are a recipient of public welfare assistance, or if you have
reason to believe that there is inaccurate information in your credit
report due to fraud. For more information You may also contact the Federal
Trade Commission ("FTC") by calling the FTC toll free - 1-877-FTC-HELP or
visit their website: www.ftc.gov. In addition, the states of MA, VT, CO,
NJ, MD and ME permit consumers to obtain one credit report per consumer
reporting agency per year, free of charge and the state of GA permits
consumers to obtain two credit reports per consumer reporting agency per
year, free of charge. None of Our Products are intended to substitute for
any free credit report or disclosure that any credit reporting agency or
bureau is required by law to provide to You.
33. NO WARRANTY. MUCH OF THE DATA CONTAINED IN THE PRODUCTS IS PROVIDED TO US
BY OTHERS AND THEREFORE WE DO NOT CONTROL THE ACCURACY OR COMPLETENESS OF
THE INFORMATION CONTAINED IN THE PRODUCTS. IF WE SELL YOU A PRODUCT
PROVIDED BY A SUPPLIER, THAT SUPPLIER IS SOLELY RESPONSIBLE FOR THE
ACCURACY AND COMPLETENESS OF THAT PRODUCT. NEITHER WE, NOR ANY OF OUR
DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED
COMPANIES, OR AFFILIATED CREDIT BUREAUS ("AFFILIATED PERSON(S)") WARRANT
THE CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF ANY
PRODUCT OR INFORMATION CONTAINED IN ANY PRODUCT IN ANY WAY. THE PRODUCTS
ARE PROVIDED "AS IS", AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, IS MADE.
TO THE EXTENT APPLICABLE LAW DISALLOWS ANY DISCLAIMERS OR LIMITATIONS IN
THIS AGREEMENT, SUCH DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
34. LIMITATION OF LIABILITY. NEITHER WE NOR ANY OF OUR AFFILIATED PERSONS WILL
BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR ANY LOSS OR INJURY
ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACTS OR
OMISSIONS OF ANY SUCH PERSON IN PREPARING, REPORTING OR DELIVERING THE
PRODUCTS, PROVIDING AUTHENTICATION SERVICES, OR IN DOING ANYTHING RELATED
THERETO. NEITHER WE NOR THE AFFILIATED PERSONS WILL BE LIABLE TO YOU (OR
ANY OF YOUR MINOR CHILDREN) FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EMOTIONAL DISTRESS DAMAGES (INCLUDING BUT NOT
LIMITED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION AND LOSS OF
PROGRAMS OR DATA) IN CONNECTION WITH YOUR USE OF THIS SITE, ANY USE OR
RELIANCE UPON INFORMATION FOUND AT THIS SITE OR PROVIDED BY US OR ANY
PRODUCT PROVIDED AT THIS SITE OR THROUGH ANY OTHER MEDIUM, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
35. NOTICE OF CLAIMS. If, notwithstanding the foregoing Section, Equifax or any
Affiliated Person is held to be liable to You, the amount of such liability
shall not exceed the amounts paid by You under this Agreement, in the
twelve (12) months preceding the claim, for the specific Products giving
rise to the claim. If You desire to make a claim against Equifax or any
Affiliated Person(s) concerning this Agreement, the Site, or the Product,
You must first notify Equifax in writing of Your potential claim, the
grounds for Your claim, and the relief You seek. You must allow Equifax no
less than thirty (30) days to attempt to resolve the issue prior to
formally asserting a claim. If You do not, neither Equifax nor any
Affiliated Person(s) will be liable to You for the claim.
36. INDEMNIFICATION. You will indemnify and hold Us and the Affiliated Persons
harmless from and against actual loss, costs, liabilities and expenses
(including reasonable attorneys' fees) resulting from Your breach of this
Agreement, Your use of this Site or any Product or any information
contained in this Site or provided by Us, or Your infringement of any
intellectual property or other right of any person or entity.
37. APPLICABLE LAW. This Agreement and its enforcement shall be governed by the
laws of the state in which You most recently told Equifax You live
according to Equifax’s records, without regard to conflict of law
principles. Federal law, including the FAA, however, shall govern the
arbitrability of all Claims between You and Us pursuant to Section 4 above,
including any and all claims or disputes concerning the validity,
construction, and performance of the arbitration provision in Section 4
above (except that to the extent state law applies to that issue, the law
of the state in which You most recently told Equifax You live (according to
Equifax’s records) will apply without regard to conflict of law
principles).
38. ENTIRE AGREEMENT BETWEEN US. This Agreement constitutes the entire
agreement between You and Us regarding the Products and information
contained on or acquired through this Site or provided by Us, including
through other linked third party Internet sites. In the event that this
Agreement shall be translated into any language other than English, then
the English language version of the Agreement shall control. This Site may
contain hyperlinks or other references to third party Internet sites that
Equifax does not own or operate. You may be subject to additional terms and
conditions that apply when You use third party Internet sites. You agree
that You are responsible for reviewing and understanding any terms and
conditions governing any third party Internet site and products and Equifax
has no responsibility therefore. This Agreement takes effect on Your first
use of this Site, and it applies to all persons accessing the Site from
Your computer, and to all persons using Your User ID, password or PIN. The
headings used in this Agreement are for convenience only and such headings
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terms and conditions of use. You agree that this Agreement is not intended
to and does not confer any rights on any persons other than Us and You and
the third party beneficiaries referenced in this Section. If any provision
of this Agreement is held invalid, unenforceable or void by applicable
laws, the remaining portions shall continue in full force and effect. If,
however, the class action waiver provision in Section 4 is found to be
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instead be decided by a court. You may not assign this Agreement or the
Product (except a gift certificate) to someone else. Unless otherwise
explicitly stated, the provisions contained in Sections 3 (Registration;
Use of Products), 4 (Agreement to Resolve All Disputes by Binding
Individual Arbitration), 30 (Ownership), 33 (No Warranty), 34 (Limitation
of Liability), 35 (Notice of Claims), 36 (Indemnification), 37 (Applicable
Law) and this Section 38 will survive termination of this Agreement and
Your access to and use of the Products and the information contained on
this Site or provided by Us. Suppliers are third party beneficiaries under
this Agreement.
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