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 CreditXpert® credit scores2; 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") 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, 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, 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, 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, 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 and/or CIC, 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 or CIC 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 AND/OR CIC,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.
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 CreditXpert® credit score will be sent to You by FreeScoresAndMore by first-class U.S. Mail.
2Your CreditXpert® Scores™ are provided by CreditXpert Inc. Although these scores are not used by lenders to evaluate your credit, they are intended to reflect common credit scoring practices and are designed to help You understand your credit. Your scores are based on information from the files at the three major credit reporting agencies. Your scores may not be identical or similar to scores You receive directly from those agencies or from other sources.
3Score Tracker displays your Experian Scorex PLUS credit score. Although this score is not used by lenders to evaluate your credit, it is intended to reflect common scoring practices. Your score is calculated using a specific algorithm and is based on information from the files at Experian. Your score may not be similar to scores You receive directly from Experian or from other sources.
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.
© 2019 Trilegiant Corporation