These terms ("Terms" or "Agreement") shall constitute the agreement between Trilegiant Corporation ("we," "us," or "Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, providing a service called FreeScoresAndMore, and you ("You"), the end user of this service. FreeScoresAndMore, together with any and all other services or products offered hereunder. By enrolling in FreeScoresAndMore, You agree to be bound by these Terms.
1. SERVICE- a) FreeScoresAndMore will enable You access to a copy of your credit report comprised of information from the three major credit reporting agencies updated every 30 days following the date that You access your first credit report through the FreeScoresAndMore service1; a copy of your personal VantageScore credit score2; Credit Score Alert notifications3; Credit Alert® daily monitoring from all three major credit reporting agencies4; forms and toll-free phone numbers to assist You in answering credit report-related questions; Credit application alerts, which are currently provided by ID Analytics Inc. ("IDA"), if a credit application is submitted using your Social Security Number or your name together with your address, date of birth, or phone number, to any company participating in FreeScoresAndMore's information network5; and forms and toll-free phone numbers to assist You in answering product and resolution-related questions. (b) Trilegiant reserves the right to change or modify the terms and conditions of this Agreement at any time and without notice. Changes and modifications will be incorporated into the terms and conditions of this Agreement posted on the FreeScoresAndMore website. Trilegiant may cancel this Agreement upon written notice and refund of the current term's membership fee unless the reason for such cancellation is your failure to pay or your misuse of FreeScoresAndMore.
2. WHO MAY USE; RESTRICTIONS ON USE - (a) You agree that You will use FreeScoresAndMore only for your own behalf. You will be responsible for all use of your membership number and must notify Trilegiant immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. (b) You understand that by enrolling in the FreeScoresAndMore service, You are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for Trilegiant and its service providers which may include ConsumerInfo.com, Inc. ("CIC") and CSIdentity Corporation ("CSID") to obtain information from your personal credit profile from Experian, Equifax, and TransUnion, the three major credit reporting agencies. You further authorize Trilegiant and its service providers, which may include CIC and/or IDA, to disclose and use your Social Security number, name, address, date of birth, and phone number (i) to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products, and (ii) for the purpose of providing You with your credit application alerts.
3. LIABILITY - YOU ACCEPT ALL INFORMATION RECEIVED THROUGH FreeScoresAndMore "AS IS." NEITHER TRILEGIANT, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, OR CREDIT SCORE. NEITHER TRILEGIANT, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR INFORMATION OR SERVICE SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE FreeScoresAndMore SERVICE. NEITHER TRILEGIANT, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE FreeScoresAndMore SERVICE OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE FreeScoresAndMore SERVICE. NEITHER TRILEGIANT, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR INFORMATION OR SERVICE SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION YOU RECEIVE IN CONNECTION WITH THE FreeScoresAndMore SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ALL INSTANCES AND IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID US FOR YOUR MEMBERSHIP. FreeScoresAndMore IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.
4. GOVERNING LAW - This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
5. MANDATORY ARBITRATION - You, on the one hand, and Trilegiant, CIC and/or CSID on the other, agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims by You against Trilegiant, CIC or CSID as well as their respective corporate affiliates. You agree that, by entering into this Agreement, You, Trilegiant and CIC are each waiving the right to a trial by jury or to participate in a class action. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for your arbitration fees and costs in excess of $125. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. YOU, ON THE ONEHAND, AND TRILEGIANT, CIC AND/OR CSID,ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Trilegiant agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. If the specific provision in the preceding sentence is found to be unenforceable then the entirety of this arbitration provision in this Section 5 shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 5 shall survive any termination, cancellation or expiration of this Agreement.
6. MEMBERSHIP FEE - For your convenience, your membership fee will be automatically billed to the credit or debit card account (or to the related checking account) You designated when You enrolled in the FreeScoresAndMore service (designated the billing source), in accordance with the billing terms furnished to You upon your enrollment in the FreeScoresAndMore service. You will be notified via postal mail of any price increase and may cancel your membership if You do not want to continue to be billed at the new price.
7. RENEWALS - Unless you notify Trilegiant that you do not wish to renew your membership, Trilegiant will automatically renew your membership at the end of each month and bill the then-current renewal fee to the credit or debit card account (or to the related checking account) designated by you when you joined FreeScoresAndMore. You will be notified of any price increase and may cancel your membership if you do not want to continue to be billed at the new price.
8. RIGHT TO CANCEL MEMBERSHIP - (a) You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-877-787-9002, writing to FreeScoresAndMore, P.O. Box 41249, Nashville, TN 37204-1249, Attention: Membership Department, emailing email@example.com, or clicking the cancel link on the My Account page. If you cancel this Agreement during your 14 day trial, You will owe nothing further. If you cancel this Agreement at any time thereafter, You will owe nothing further. You will remain liable for any other fees or charges to be paid pursuant to this Agreement. (b) If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Agreement in which event You will no longer have access to any of the FreeScoresAndMore benefits. In addition to Trilegiant's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the FreeScoresAndMore benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
9. ELECTRONIC COMMUNICATIONS - By enrolling in FreeScoresAndMore, or by receiving one or more of the FreeScoresAndMore benefits, You agree to the terms and conditions of this Agreement and agree that any and all disclosures and communications from Trilegiant regarding FreeScoresAndMore benefits or this Agreement may be made to You electronically in accordance with the notice provisions of this Agreement. Trilegiant, at its option, may communicate with you regarding the FreeScoresAndMore service by mail, by telephone or by electronic communications. Trilegiant may communicate with you electronically by means of electronic mail to the email address you provide when you enroll for the FreeScoresAndMore service and/or by postings to the FreeScoresAndMore service website. Trilegiant may communicate electronically to you the following types of communications: FreeScoresAndMore Terms and Conditions (including any amendments thereto), notices or disclosures regarding the FreeScoresAndMore service, payment and billing authorizations, and other matters relating to your use of the FreeScoresAndMore service. Your continued enrollment in the FreeScoresAndMore service will constitute Your consent to amendments to the FreeScoresAndMore Terms and Conditions.
As part of your FreeScoresAndMore membership, You may be eligible to enroll in text messages, which allows You to receive important text message alerts from FreeScoresAndMore concerning your monitored information. The number of text alerts we send You will vary and will depend on the kinds of alerts You elect to receive and the activity related to your account. Text messaging and data rates may apply, including applicable roaming charges, depending on your cell phone provider's plans and applicable fees, and You may be charged by your provider for text messaging and data plan fees. We cannot guarantee that text messages we send will be received, or that they will be complete or timely.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGULATIONS, WE WILL NOT BE RESPONSIBLE FOR, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATED TO, THE FAILURE OF ANY TEXT ALERT TO BE ACCURATELY TRANSMITTED OR TO BE FULLY OR TIMELY DELIVERED TO YOU FOR ANY REASON WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT THE ACCURACY, COMPLETENESS AND DELIVERY OF TEXT MESSAGES MAY BE AFFECTED OR PREVENTED BY TECHNICAL ERRORS OR OTHER PROBLEMS THAT WE OR THIRD PARTIES MAY EXPERIENCE OR ISSUES THAT RELATE TO YOUR CELL PHONE SERVICE ACCOUNT OR YOUR MOBILE DEVICE. WE WILL NOT BE RESPONSIBLE FOR ANY SUCH ERRORS, PROBLEMS OR ISSUES THAT INTERFERE IN ANY WAY WITH THE TEXT MESSAGE ALERTS.
You can cancel the SMS service at any time by responding "STOP". When You send the SMS message "STOP" to us, we will reply with an SMS message that confirms that You have been unsubscribed. After this, You will not receive any additional SMS messages from us. You can get more information at any time by responding "HELP". When You send the SMS message "HELP" to us, we will respond with instructions on how to use our service and how to unsubscribe.
10. VANTAGESCORE 3.0 DISCLOSURE - VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk. There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file. There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if your lender gives you a score that's different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender's score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
You may contact Trilegiant at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may also request a paper copy of the terms of the payment authorization without a fee. You may contact Trilegiant at the same telephone number or email address listed above to update your contact information or to withdraw your consent to receive electronic communications. Trilegiant reserves the right to terminate your use of the FreeScoresAndMore service if you decline or withdraw your consent to receive electronic communications from Trilegiant.
You will need the following software and hardware to access electronic communications sent to you by Trilegiant as part of your FreeScoresAndMore membership: IBM or MAC compatible computer, Internet access, a working email address, and an Internet Browser (Internet Explorer version 5.2 or a later version). To retain copies of electronic communications, you must print a copy using a printer attached to your computer, or save an electronic copy to your computer's disk or other storage device.
1If You do not access a copy of your credit report and credit score through the FreeScoresAndMore website within 7 days of your enrollment in FreeScoresAndMore, a copy of your credit report and VantageScore credit score will be sent to You by FreeScoresAndMore by first-class U.S. Mail.
2Your VantageScore credit score(s) are provided by VantageScore Solutions LLC. The VantageScore model, with scores ranging from 300 to 850, was developed jointly by the three major national credit reporting agencies - Experian®, TransUnion®, and Equifax®. The version of VantageScore provided here is used by some, but not all, lenders. Your score(s) may not be identical or similar to scores received directly from those agencies, from other sources, or from your lender.
3Score Tracker displays your VantageScore credit score. The VantageScore model, with scores ranging from 300 to 850, was developed jointly by the three major national credit reporting agencies - Experian®, TransUnion®, and Equifax®. The version of VantageScore provided here is used by some, but not all, lenders. Your score(s) may not be identical or similar to scores received directly from those agencies, from other sources, or from your lender.
4Daily monitoring will notify you of certain new inquiries and derogatory information, accounts, public records, or change of address that have been added to your credit reports as reported by one of the major credit reporting agencies. If no information has been added or changed, then you will receive a quarterly notification stating that no information has changed within your credit file.
5The companies participating in FreeScoresAndMore information network consist of many of the nation's leading credit issuers, including credit card issuers, retailers, auto, communications, e-commerce and mortgage companies. However, FreeScoresAndMore information network does not include all credit issuers to which credit applications may be submitted. As a result, it is possible that fraudulent credit applications could be submitted using your personal information that are not detected by FreeScoresAndMore
The federal Fair Credit Billing Act gives You the right to dispute billing errors, such as unauthorized charges, on your credit card by notifying your credit card company in writing within 60 days after the first bill containing the error was sent to You. The credit card company must resolve the dispute within two billing cycles (not to exceed 90 days) after receiving your notification. You may withhold payment on the disputed amount (and related charges) during the investigation. You must pay the amount not in dispute. You will be informed in writing whether your bill is correct or contains an error. If your bill contains an error, it will be corrected. Trilegiant Corporation, and its credit information subcontractors shall not have any liability for the accuracy of the information contained in the credit reports, credit scores, Credit Alert® reports or other reports which You receive in connection with the FreeScoresAndMore service, including any liability for damages, direct or indirect, consequential or incidental.
FreeScoresAndMore is a trademark of Affinion Publishing, LLC.. The FreeScoresAndMore service may be modified or improved at any time and without prior notice. CreditAlert is a registered service mark of Affinion Publishing, LLC.
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