AGREEMENT ("Agreement") made between Trilegiant Corporation ("Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, providing a service called PrivacyGuard ("PG") and you, the end user of this service. By enrolling in PG, you agree to be bound by the terms of this Agreement.
IMPORTANT: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER, AS DETAILED IN SECTION 5 OF THESE TERMS. PLEASE READ THESE TERMS CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST TRILEGIANT.
WITNESSETH:
1. SERVICE- (a) Trilegiant together with Trilegiant Insurance Services, Inc. ("TIS"), shall provide PG through Alliance Marketing Association ("AMA"). By enrolling in PG, you are automatically admitted as a member of AMA. Depending on the specific version of PG in which you have enrolled, you will receive one or more of the following benefits: a copy of your credit report comprised of information from the three major credit reporting agencies; a copy of your personal credit scores; Credit Score Alert notifications; Credit Alert® daily monitoring from all three major credit reporting agencies1; forms and toll-free phone numbers to assist you in answering credit report-related questions; a copy of your property's Neighborhood Report if available for your area; computer security software2; identity theft insurance coverage3; credit card registration; important document registration; a copy of your state motor vehicle record; a copy of your MIB file should one exist; 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. 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 PG.
2. WHO MAY USE - (a) You agree that you will use PG 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 PG 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 authorize Trilegiant and its service providers to use your social security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products.
3. LIABILITY - NEITHER TRILEGIANT, TIS, AMA, THE BANK, CIC AND 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, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER TRILEGIANT, TIS, AMA, THE BANK, CIC AND 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 PG SERVICES. NEITHER TRILEGIANT, TIS, AMA, THE BANK, CIC AND 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 SERVICES OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE SERVICES. NEITHER TRILEGIANT, TIS, AMA, THE BANK, CIC AND CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR INFORMATION OR SERVICE SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY OF THE SERVICES. 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.PG 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. ARBITRATION - You, on the one hand, and Trilegiant and/or CIC and 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 or CIC and CSID as well as their respective corporate affiliates. You agree that, by entering into this Agreement, You, Trilegiant, CIC and CSID 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 ONE HAND, AND TRILEGIANT AND/OR CIC AND 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 PG (designated the billing source),in accordance with the billing terms furnished to you upon your enrollment in PG.
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 term 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 PG. 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 1-800-374-8273, writing to PrivacyGuard, P.O. Box 6100, Westerville, OH 43086-6100, Attention: Membership Department, emailing service@privacyguard.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) The insurance coverage that is included within this membership requires that the membership fee be paid when due. 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 PG benefits, including your insurance benefits. If terminated, no further insurance coverage will be provided to you. 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 PG benefits, including your insurance benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
9. 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.
1Your 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.
2Score Tracker displays your VantageScore 3.0 credit score. Your 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.
3Daily 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.
4Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of American International Group, Inc., under group policy # 7077733 for non-New York State Insureds and # 1423212 for New York State Insureds. All exclusions and limitations of the master policy apply. See the Benefit Summary for details regarding such exclusions and limitations. Availability of coverage is subject to underwriting qualifications and state laws and regulations. Coverage is subject to actual policy language.
The Identity Theft Insurance benefits are provided to all members, along with all other benefits afforded as part of PrivacyGuard, through Alliance Marketing Association (the "Association"). Upon enrollment in the PrivacyGuard service, you will automatically be admitted as a member of the Association. The Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of American International Group, Inc., (collectively, the "Company") under group policy # 7077733 and 1423212. The Benefit Summary under the master policy issued by the Company with respect to such insurance will be available to you upon enrollment in PrivacyGuard. The summary of policy benefits, terms, conditions, exclusions, and limits of coverage set forth in the Benefit Summary are subject to the terms of the master policy..
IMPORTANT NOTICE: YOUR LIABILITY FOR UNAUTHORIZED USE UNDER FEDERAL LAW: For credit cards: If the card issuer has notified You of your maximum potential liability, has provided a means for You to notify the card issuer of credit card loss, and if the credit card contains a means of identifying the cardholder or authorized user, then your liability for unauthorized use of your card before the card issuer is notified is no more than $50.00 on each card. For debit and cash machine (ATM) cards: Your liability for unauthorized use of the card is no more than $50.00 if You notify the card issuer of card loss within two business days after You learn of the card loss. After that, your liability is up to $500.00, provided that the card issuer establishes that the unauthorized charges would not have occurred if You had notified the card issuer within the two business day period. In addition, if You do not notify the card issuer within 60 days after a periodic statement showing unauthorized transfers is sent to You, then You will also be liable for the amount of unauthorized transfers that occurred after the 60-day period and before notice to the card issuer, provided that the card issuer establishes that the unauthorized charges would not have occurred if You had notified the card issuer within the 60-day period.
Your card issuer's liability policy may provide for lesser liability amounts than indicated above. Consult your card issuer's terms and conditions for specific details. The policy of many card issuers is not to hold cardholders liable. Nothing set forth in your membership materials alters any rights or liability You may have under federal or state law with respect to unauthorized or erroneous transactions on your card or bank accounts. You are not required to have this service to maintain your credit, debit or ATM cards.
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.
5Some financial institutions may require You to call them directly and will not accept notification from third parties in which case we will contact You so that You can call your financial institution directly.
6Browser and System Requirements: PG supports the following operating systems: Microsoft Windows® XP with Service Pack 2 or later Home / Pro / Media Center; Microsoft® Windows Vista® (32-bit and 64-bit) Starter / Home Basic / Home Premium / Business / Ultimate; Microsoft® Windows 7 (32-bit and 64-bit) Starter / Home Basic / Home Premium / Professional / Ultimate. End user's computer must meet or exceed the following requirements: 300 MHz or faster processor, 256 MB of RAM minimum, 300 MB of available hard disk space, standard web browser. PG is available for all Windows PCs but is not currently available for Macintosh computers.
Trilegiant Corporation, Trilegiant Insurance Services, Inc., Alliance Marketing Association and their 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 PG service, including any liability for damages, direct or indirect, consequential or incidental.
FreeScoresAndMore is a service of Trilegiant Corporation in conjunction with Trilegiant Insurance Services, Inc and Alliance Marketing Association. Trilegiant Insurance Services, Inc. does not receive any compensation from the sale of the identity theft insurance benefit included as part of the FreeScoresAndMore service. The FreeScoresAndMore service may be modified or improved at any time and without prior notice. FreeScoresAndMore is not available to residents of Rhode Island. FreeScoresAndMore and Credit Alert are registered service marks of Affinion Publishing, LLC.
© 2019 Trilegiant Corporation