Revised: November 14, 2008
ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to: (a) all transactions between you and ConsumerInfo.com, Inc. ("CIC") through the www.familysecure.com website, including your purchase of the membership based product known as Family SecureSM, and information provided or made available as part of Family Secure, including, but not limited to, one bureau credit reports, one bureau credit scores, credit report monitoring, Child Identity Monitoring(sm), and any non-membership based product which you may purchase through www.familysecure.com, including, but not limited to three bureau credit reports with credit scores (collectively, the "Products"); (b) your access to and use of the Products; (c) your access to and use of the website located at www.familysecure.com (the "Product Website"); and (d) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (collectively, the "Content").
YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS, PRODUCT WEBSITE AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO THE PRODUCTS, PRODUCT WEBSITE AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, PRODUCT WEBSITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCTS, PRODUCT WEBSITE, OR CONTENT, DISCARD ANY PRODUCTS YOU RECEIVED IMMEDIATELY AND CALL CUSTOMER SERVICE TO CANCEL YOUR MEMBERSHIP.
This Agreement may be updated from time to time. Online customers should check the Product Website regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products, Product Website, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
USE OF THE PRODUCTS
In consideration of your order of, access to, and/or use of, any Product, Product Website, and/or Content you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in Family Secure, when prompted to do so by the registration and application forms or requested to do so by CIC. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if CIC has reasonable grounds to suspect that such information is untrue, inaccurate or not current, CIC, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Product Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Product Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that CIC will not be liable to you, your minor children or any third party if CIC suspends or terminates your order of, use of, or access to any Product, Product Website or Content, or any portion thereof, for any reason.
You understand and agree that by submitting your order you are providing "written instructions" in accordance with the Fair Credit Reporting Act, as amended ("FCRA"), for CIC to obtain information from your personal credit profile from Experian or any other credit reporting company and to obtain information from the personal credit profile, if any, of any minor child whom you have enrolled in Family Secure. You authorize CIC to access your credit profile (and those of any minor children whom you have enrolled in Family Secure) to verify your identity (or those of any minor children whom you have enrolled in Family Secure) and to provide credit monitoring, credit reporting, credit scoring, identity monitoring and fraud resolution products. You also authorize CIC to access your credit profile (or those of any minor children whom you have enrolled in Family Secure) to perform other functions related to providing the product(s) that you have ordered or may order, including to verify your identity or any certification that you may be required to make.
ARBITRATION
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU (OR ANY OF YOUR MINOR CHILDREN) AND CIC, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU (NOR ANY OF YOUR MINOR CHILDREN) NOR CIC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
FCRA DISCLOSURES
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
- You have been denied credit, insurance or employment in the past 60 days as a result of your report
- You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification
- You are a recipient of public welfare assistance
- You have reason to believe that your file at the agency contains inaccurate information due to fraud
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from CIC to dispute inaccurate or incomplete information in your Experian file or to receive a copy of your Experian consumer disclosure.
The credit report you are requesting from CIC is not intended to constitute the disclosure of Experian information required by the FCRA or similar state laws. Experian's National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by CIC. This disclosure report must be obtained directly from Experian by going to www.experian.com/dispute, or by calling 888-EXPERIAN.
The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax, and TransUnion) once every 12 months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the credit reports from each of the three national credit reporting companies that are available from CIC may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. CIC's Products are not related to the free FCRA disclosure that you are or may be entitled to.
MODIFICATION OF PRODUCTS
For online customers, access to and use of password protected and/or secure areas of the Product Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product Website may be subject to prosecution.
Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.
NOTICE OF PROSECUTION
For online customers, access to and use of password protected and/or secure areas of the Product Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product Website may be subject to prosecution.
Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.
SECURITY MEASURES AND AUTHENTICATION
Because CIC uses security measures designed to protect your privacy and to safeguard your information, CIC may not always be able to successfully provide Products to you, including instant online delivery of your credit report for online customers. For example, for certain online Products, when the system is unable to verify your identity, you may be routed through a manual authentication process. After your identity has been verified, CIC will send a private access code via U.S. mail to the address in your credit file, which you can use to access your report online. This process is normally completed within five (5) to seven (7) days. For other products, CIC cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times. Additionally, in the case of off-line customers, CIC will mail your credit report to the best address listed on your credit file as a security measure. If you are not able to access your mail at that location, CIC cannot provide any Products to you.
PERSONAL INFORMATION
CIC may use your personal information to the extent necessary to process your order and/or engage in business maintenance.
REVIEW AND RECEIPT OF PRIVACY NOTICE
By submitting your order, you acknowledge receipt of our Privacy Notice and agree to its terms.
ON-LINE REQUIREMENTS
You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive your Products online.
As an online customer, you are agreeing to receive all notifications via email at the email address on file with CIC. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
NO WARRANTY BY CIC
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PRODUCT WEBSITE, AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITE, AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. CIC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES [OTHER THAN THE "Family SecureSM GUARANTEE" DESCRIBED BELOW] AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE PRODUCT, PRODUCT WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM CIC DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. OTHER THAN TO THE EXTENT MADE IN THE "Family SecureSM GUARANTEE" DESCRIBED BELOW, CIC MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.
ACTIVATION CODES
If you are using an activation code to obtain a Product, you are restricted to a one-time use of such activation code. Any subsequent use of the activation code will result in immediate termination of any associated Products without notice and in accordance with the termination provision(s) in the section entitled "Use of the Products," found herein.
Please note that if you improperly obtain a Product with an activation code, any credit card number you may have provided to us will also be charged with the fee for the Product that was obtained improperly.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT CIC WILL NOT BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EXCEPT TO THE EXTENT THAT "IDENTITY THEFT RELATED EXPENSES", AS DEFINED BELOW, MAY BE RECOVERABLE PURSUANT TO THE "Family SecureSM GUARANTEE" DESCRIBED BELOW) OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE PRODUCT, PRODUCT WEBSITE, CONTENT, MEMBERSHIP BENEFITS, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN IF CIC HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CIC, THEN YOU AGREE THAT CIC'S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR CHILDREN) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN) FROM CIC´S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CIC FOR THE PRODUCT(S) YOU PURCHASE FROM CIC.
NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
CIC offers access to your credit report, your PLUS Score®, and other credit information. CIC and its affiliates are not credit repair organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Products, Product Website, or Content in order to do so.
Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of your credit monitoring product but is provided free of charge to all consumers, regardless of whether they are members of the credit monitoring product.
PLUS SCORE®
Family Secure and other Products and credit resources on the Product Website utilize the PLUS Score.® The PLUS Score®, developed by Experian, and the different risk levels presented by it, are for educational use only. The PLUS Score® is not currently sold to lenders, and is not an endorsement or guarantee of your credit worthiness as seen by lenders.
Please be aware that there are many scoring models used in the marketplace. Each scoring model may have its own set of factors and scale. The information and credit scoring model may be different than that used by a lender. The PLUS Score® may not be identical in every respect to any other credit score produced by another company or used by your lender. The PLUS Score® is not a so-called FICO score, and may differ for a variety of reasons.
Your PLUS Score® is calculated using your actual data from your credit file on the day that you request your report. Keep in mind, however, that other factors, such as length of employment and annual salary, are often taken into consideration by lenders when making decisions about you. How each lender weighs their chosen factors may vary, but the exact formula used to calculate your score is proprietary.
Also note that each bureau has its own set of data, resulting in a separate PLUS Score® for each of your credit files.
REGISTERING FOR ANY PRODUCT
To enroll in Family Secure, request a credit report or score, or purchase any Product, you must have an address within the United States, provide a valid Social Security number, address, email address, and date of birth and agree to be bound by these Terms and Conditions. In other limited circumstances, you may need to provide a valid telephone number so that CIC can process your order. You must provide valid credit card information. CIC will then evaluate your complete registration information.
In certain jurisdictions sales tax at state and local rates may apply, in which case you may be charged the applicable taxes in addition to the monthly fee and/or the price of the product.
SPOUSE/ADULT CHILDREN NOT INCLUDED
CIC is not able to accept and process joint registration for two or more adults. Neither your spouse nor any other adult will be enrolled in Family Secure pursuant to your order.
ENROLLMENT IN Family Secure
When you order Family Secure, CIC requests that Experian enroll you in its credit monitoring program. It may take two (2) to three (3) weeks for you to be enrolled in the credit monitoring program and before you begin receiving credit monitoring and credit alerts. CIC does not control and is not responsible for this enrollment process.
If you are successfully enrolled in Family Secure, credit monitoring alerts will be delivered to the email address or the mailing address that was given to CIC when you enrolled. It is your responsibility to update your address if it should change.
Your order of Family Secure is conditioned upon your successful enrollment by Experian in its credit monitoring program within thirty (30) days of your order. If Experian is not able to enroll you within thirty (30) days of your order, your entire order - including any pending orders to monitor the identities of minor children - will be cancelled, and your purchase price refunded to the credit card on file, and you will not receive monitoring of changes to your Experian consumer credit report nor alerts or monitoring regarding the identities of your enrolled minor children.
If you are receiving a complimentary credit monitoring membership, your membership is effective for the period disclosed to you when you received your activation code. Should you choose to discontinue your membership for any reason before expiration of the then applicable membership term for which you are entitled, you may cancel your membership by calling the toll-free number listed on this Web Site. Please be aware that if, at the end of your promotional membership, you decide to continue your membership for a monthly/annual fee, you will have an opportunity to re-enroll at a separate website with different Terms and Conditions.
MONITORING FOR CHILDREN
The monitoring that will be performed regarding minor children enrolled in Family Secure is different than the monitoring for persons over age 18. On a monthly basis, CIC will request an Experian credit report for each enrolled child, and will review that report for any material data (that is, any other data other than personal information such as name, address and Social Security number) that has been returned. If material data exists, CIC will notify you via email alert process within 24 hours of the report being returned to CIC. In the event that material data is found, you agree to provide any documentation that may be requested by CIC, including, but not limited, to a copy of the child's Social Security card, a copy of the child's birth certificate, proof of your identification, and proof of your residence, in order to verify your status as a parent or guardian of the enrolled child, before any information about the material data will be released to you.
ENROLLMENT OF MINOR CHILDREN
You may enroll up to five (5) minor children for whom you are the parent or guardian through the on-line process. You may enroll additional minor children for whom you are the parent or guardian by contacting customer care at the number published on the Family Secure website, and providing the requested information and/or documentation including, but not limited to, a valid Social Security number and date of birth for each minor child. In certain circumstances, you may not be permitted to enroll children on-line. In such circumstances, you may enroll children by contacting customer care and following the procedures specified in this paragraph. Children that have reached the age of 17 years and 9 months are not eligible to be enrolled in Family Secure.
CERTIFICATION AS PARENT OR GUARDIAN
CIC will provide information about a child under 18 years of age only to the child´s parent or guardian and only for use to protect the child against fraud, such as the fraudulent opening of credit accounts in your child´s name. You certify that you are the parent or guardian of each child whom you have named, or will name, on the enrollment form for Family Secure, and that you understand and agree that enrollment may require CIC to obtain information about those children from a credit reporting company, and that any information about those children that you obtain from CIC will be used solely for the purpose of protecting against or preventing actual or potential fraud with respect the children whom you are enrolling or have enrolled in Family Secure.
AUTOMATIC DISENROLLMENT OF MINORS PRIOR TO 18TH BIRTHDAY
Minor children enrolled by you in Family Secure will be automatically unenrolled within seven (7) days before their eighteenth (18th) birthday, based on the date of birth information provided by you in the enrollment process. After that time period, you will not receive monitoring of any sort regarding that child.
ENROLLMENT - ADD-A-MEMBER BENEFIT FOR CURRENT Family Secure MEMBERS (OPTION TO ADD AN ADDITIONAL MEMBER TO YOUR EXISTING Family Secure MEMBERSHIP)
PRIMARY MEMBERS: All current Family Secure members (Primary Members) have the option to add one spouse, one adult family member or one adult friend (Added Member) to their Family Secure memberships, To add an additional member to your current Family Secure membership, you must obtain an Activation Code and dedicated URL from CIC and provide this information to the person you wish to add to your membership. If you decide to cancel the membership of an Added Member, you have the option to add one additional adult family member or friend to your existing membership. However, you are limited to one replacement Activation Code per membership.
ADDED MEMBERS: The Added Member must access the dedicated Added Members website and enter his/her registration information and Activation Code provided by the Primary Member on the appropriate Order page. Added Members will receive all of the product benefits that Primary Family Secure Member enjoy, with the exception of email alerts or access to the credit information related to any child enrolled in the Family Secure product, even if the Added Member is a parent or guardian of that enrolled child. Added Members will not have access to the credit information of the Primary Member and the Primary Member will not have access to the credit information of the Added Member.
To enroll in any of our products, you must have an address within the United States, provide a valid Social Security number, address, email address, and date of birth and agree to be bound by these Terms and Conditions. In other limited circumstances, you may need to provide a valid telephone number so that CIC can process your order. If applicable, you must provide valid credit card information. CIC will then evaluate your complete registration information.
ADD-A-MEMBER - BILLING AND CANCELLATION OF MEMBERSHIPS
PRIMARY MEMBER: The Primary Member will not be charged an additional fee for adding an additional member to his/her account. The Primary Member is solely responsible for all billing matters on the Primary Member's account.
ADDED MEMBERS: As an Added Member, you will not be charged a membership fee when enrolling in the product.
CANCELLATION OF MEMBERSHIPS: The Added Member´s membership will remain active as long as the Primary Member's membership is active unless the Primary Member cancels the entire membership, or the Added Member cancels him/herself from the membership. The Primary Member can cancel the entire product membership by following the directions outlined in the Billing and Refund Policy Section below. However, an Added Member cannot cancel the entire membership; the Added Member may only cancel him/herself from the product membership by contacting the Customer Care Center at 1-888-609-2456.
If a Primary Member's membership is cancelled for any reason (i.e., at the initiation of the Primary member, hard or soft decline of the Primary Member's credit card, etc.), the membership benefits of any Added Member will terminate at the end of the Primary Member's current billing term. However, if the Primary Member cancels the membership of the Added Member for any reason, the membership benefits of any Added Member will terminate immediately. If the Primary Member cancels the membership of the Added Member and/or the Added Member cancels him/herself from the membership but wishes to re-enroll in the product at a later time, the Added Member will have the option to re-enroll in the product by paying a monthly or annual membership fee.
BILLING AND REFUND POLICY
The monthly fee for your membership will be billed immediately to the credit card or other billing source authorized by you. Your membership is effective for the period covered by your membership fee and continues upon your payment of the monthly renewal fee. Renewal fees for your membership will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, on the first day of each successive membership term, until you cancel your membership. After the first 30 days of your membership, should you choose to discontinue your membership for any reason before expiration of the then applicable membership term for which you have paid, you may cancel your membership and terminate further billing by calling the toll-free number listed on this Web Site, or by calling 1-888-609-2456. Your membership and monthly billing will terminate at the end of your monthly billing term and you will not be eligible for a prorated refund of any portion of your paid monthly membership fee. CIC reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership.
CIC is not responsible for any overdraft/over-the-limit charges or bank fees if your account contains insufficient funds when your order is processed and billed. CIC recommends using a credit card rather than a debit card. Canceling too close to end of trial or renewal date may cause a processing delay and a charge to your account.
30 DAY SATISFACTION PROMISE
FamilySecure.com offers a money back promise if you terminate your membership within 30 days of your enrollment date. The enrollment date is the date in which you order the product or the date in which we successfully process your payment, whichever is later. If you are dissatisfied with FamilySecure for any reason, you will receive a full refund if you call to cancel within 30 days of enrollment. To request your refund, please contact customer care at 866.926.9802. Limit one refund per customer.
ACCESS AND USE OF CREDIT REPORTS AND CREDIT SCORES
When you use any Product, Product Website and/or Content to order, use or access your personal credit report and/or credit score, you are certifying that you understand and agree to the following:
- You may access your credit report and/or score for 30 days from the date of payment.
- Refunds will not be issued once we have successfully located and delivered the Product(s) to you.
- If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting the credit reporting company that supplied the information, as indicated in your credit report.
- For online customers, if you are inactive (have not clicked on an item or refreshed the page) for a period of 20 minutes or more when reviewing your credit report and/or credit score online, your session will conclude and you will be logged out for your protection.
Disclaimers: You acknowledge that the information provided to you through the PLUS Score® and Vantage Score products, including the score factors derived from the elements in your credit history, may change over time as your credit history changes. You also acknowledge that the score factor information on how to manage your credit position assumes there will be no adverse changes in your credit performance. CIC is not responsible for the accuracy or contents of your credit file, including but not limited to information delivered in the credit report and/or score products. Please note that pursuant to section 609f of the FCRA, consumers can obtain their credit score at any time for a statutorily set fee. All of the forgoing terms apply to your Statutory PLUS Score except the 30-day availability. Your Statutory PLUS Score will NOT be available after your initial session has concluded.
FRAUD RESOLUTION
Obtaining Assistance: There are certain steps that you MUST FOLLOW in order to obtain assistance from a fraud resolution representative ("Assistance"). These steps include contacting a Customer Service Representative by calling the number listed in the My Credit Center area on this Web Site, or for offline customers, by calling 1-888-609-2456. Additional information about requesting Assistance can also be found in the My Credit Center area.
If you are a victim of identity theft, which is hereby defined as the act of knowingly transferring or using, without lawful authority, a means of identification with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law or a felony under applicable state or local law ("Identity Theft"), and you incur problems or suffer damages, you should call the number listed in the My Credit Center area on this Web Site, or call 1-888-609-2456 and make a request for Assistance. Upon acceptance of your request, a CIC fraud resolution representative will contact you. If you contact CIC regarding fraud resolution, you are agreeing to permit CIC to order a copy of your credit report for any purpose relating to your request for assistance.
If you are requesting fraud resolution regarding an enrolled child, you will be required to re-certify your status as parent or guardian, and provide documents requested by CIC to verify your status as parent or guardian, including, but not limited to, the child´s Social Security card and birth certificate, valid proof of your identification, and proof of your residence.
DISCLAIMERS: THE FRAUD RESOLUTION BENEFIT IS DESIGNED TO HELP YOU PROTECT YOURSELF FROM IDENTITY THEFT VULNERABILITIES. THE PRODUCT IS PROVIDED IN ADDITION TO ANY PRECAUTIONS YOU SHOULD REASONABLY BE EXPECTED TO TAKE, INCLUDING PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER PERSONALLY IDENTIFYING INFORMATION. CIC'S FRAUD RESOLUTION ASSISTANCE DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE. CIC DOES NOT GUARANTEE THE ACCURACY OF LIEN, JUDGMENT, INVESTMENT, OR CRIMINAL SEARCHES IT MAY PERFORM ON YOUR BEHALF.
CIC is not obligated or responsible for providing Assistance for any request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed based on the quality of goods or services, (c) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits, (e) losses, damages or expenses that were incurred or commenced prior to the membership, or (f) theft or damages of traveler's checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.
Reservation of Rights: CIC, including its agents, independent contractors, assigns or other expressly authorized third party, reserves the right to make an independent investigation of the facts and circumstances related to any Assistance request, including making contact by telephone, email, US Postal Service or otherwise, any service provider or related party it deems necessary, at its sole and absolute discretion and expense, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your Assistance request.
CIC reserves the right to request that you provide corroborating evidence of the unauthorized transaction, Identity Theft or other facts related to your Assistance request, including a signed affidavit, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that we may deem necessary and reasonable. Further, CIC reserves the right to refuse any Assistance request or provide any Assistance in the event you fail or refuse to provide us with any requested corroborating evidence related to the Identity Theft.
CIC reserves the right not to provide you with any Assistance or discontinue your membership in the event CIC determines that you knew, or should reasonably have known, of an act of Identity Theft that commenced prior to the membership. If at any time you cancel your membership, CIC is no longer obligated to provide any additional fraud resolution assistance.
$2 Million Family Secure Guarantee
If you (hereinafter "you") become a victim of Identity Theft (as defined below) while enrolled in and using the Family Secure product, ConsumerInfo.com, Inc. (hereinafter "we", "our" or "us") will reimburse you for certain Identity Theft Expenses (as described in Section 3, below) up to $2 Million, subject to the terms and conditions of this Guarantee. "Identity Theft" means that your name, address, Social Security number, bank, or credit card account number, or other personally identifying information was used without your knowledge or approval to commit fraud or other crimes. The maximum amount that we will pay you is $2 Million for Identity Theft Expenses as a direct result of an Identity Theft.
1. GUARANTEE PERIOD: Under the $2 Million Family Secure Guarantee, we will reimburse you solely for Identity Theft Expenses you incur as a direct result of an Identity Theft that occurs while you are actively enrolled in the above listed product and are a member in good standing ("Guarantee Period").
2. WHAT YOU MUST DO:
During the Guarantee Period, you must take an active role in protecting yourself against Identity Theft by using Family Secure as described below. To be eligible to seek and retain reimbursement under this Guarantee, you must do the following:
(a)
You have an obligation to review your credit report and any email or other notification we may send you and if, upon your review, you observe suspicious activity (including, but not limited to, credit cards or loans you did not apply for, credit inquiries you did not authorize, etc.) and/or suspect an Identity Theft, you must:
(i)
File a police report with the relevant police authority within the earlier of ten (10) days from the date we sent you such email or other notification or the date that you first had knowledge of an Identity Theft;
(ii)
Report the suspected Identity Theft to our Fraud Resolution Department within the earlier of ten (10) days from the date we sent you such email or other notification or the date that you first had knowledge of an Identity Theft (contact our Fraud Resolution Department Monday-Friday, 6:00 a.m. to 6:00 p.m., Pacific Time at 1-888-609-2456;
(iii)
Place a fraud alert with Experian, Equifax and TransUnion within ten (10) days from the date you had knowledge of an Identity Theft (to learn more about fraud alerts or to place a fraud alert on your Experian credit report go to
www.experian.com/fraud);
(iv)
Work directly with our Fraud Resolution Department to pursue all sources of potential reimbursement and submit all documentation you may receive, if any, relating to the resolution of any such requests for reimbursement from such sources, and/or assign your right to us to seek and recover funds reimbursable under this Guarantee, and reimburse us in the event you obtain recovery of any amounts paid by us hereunder. For example, if we pay a direct expense under this Guarantee to you or on your behalf and you later recover the amount paid to you or on your behalf, then we are entitled to receive, retain or recover the amount paid to you or on your behalf. You must provide all reasonable and necessary assistance to us in our recovery and reimbursement efforts; and
(v)
You agree to pay and/or reimburse us for any amount paid to you or on your behalf under this Guarantee due to your misrepresentation, as defined in Section 4, below, in connection with an Identity Theft.
3. WHAT WE WILL DO: Under the $2 Million Family Secure Guarantee, we will reimburse you solely for the following Identity Theft Expenses incurred as a direct result of an Identity Theft that occurs during the Guarantee Period while you are using Family Secure as described above:
(a)
Stolen Funds: Funds directly stolen from you that are related to any account that is included on your Experian credit report provided that you assign any rights you might have to us for recovery or reimbursement as further provided below;
(b)
Legal Expenses: Reasonable and necessary attorney fees or court costs associated with defending any suit brought against you by merchants, financial institutions or other credit grantors or their collection agencies, or the removal of any criminal or civil judgment wrongly entered against you. You must obtain our advanced written consent to your choice of any attorneys and/or legal counsel, and we reserve the right to select such attorneys and legal counsel. You must forward all attorney invoices to us on a current basis;
(c)
Lost Wages: Actual United States wages or salary you lose as a direct result of time off work taken by you to report an Identity Theft;
(d)
Miscellaneous: Loan applications fees, long distance telephone costs, mailing and postage costs, costs of having affidavits or other documents notarized; and
(e)
Private Investigators: Any fees or costs associated with the use of any investigative agencies or private investigators. You must obtain our advanced written consent to your choice of private investigators, and we reserve the right to select such private investigators. You must forward all private investigator invoices to us on a current basis (collectively, "Identity Theft Expenses").
4. WHAT WE WILL NOT DO: We will NOT reimburse you for any expenses, damages or losses that are not expressly described in Section 3 above, including without limitation the following types of expenses, damages or losses you incur in connection with an Identity Theft:
(a)
Any expense, damage or loss due to any act of theft, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any of your authorized representatives, whether acting alone or in collusion with you or others (collectively, your "Misrepresentation") and you expressly agree to reimburse us for any expense, damage or loss due to your Misrepresentation;
(b)
Any expense, damage or loss arising from the theft or unauthorized or illegal use of your business name, "d/b/a," or any other method of identifying your business activity;
(c)
Any expense, damage or loss due to bodily injury, sickness, emotional distress or breakdown or any other medical condition, including without limitation, lost wages or salary;
(d)
Any expense, damage or loss due to the termination of your employment or separation from your employment, whether temporary or permanent, for any reason;
(e)
Any expense, damage or loss of any type for which a credit card company, bank, creditor or other third party is legally liable for;
(f)
Any expense, damage or loss incurred by you from an Identity Theft that did not occur during the Guarantee Period; and
(g)
Any expense, damage or loss in connection with an Identity Theft if you fail to comply with all obligations, requirements, terms and conditions of Section 2 entitled "What You Must Do."
5. HOW TO REQUEST REIMBURSEMENT: To request reimbursement under the $2 Million Family Secure Guarantee, you must contact our Fraud Resolution Department Monday-Friday, 6:00 a.m. to 6:00 p.m., Pacific Time at 1-888-609-2456 to obtain an Identity Theft Expense Reimbursement Request Form. To receive reimbursement, you must submit the following documentation to one of our Fraud Resolution Representatives, all within the timeframes described in Section 2 above: (a) a completed and signed Identity Theft Expense Reimbursement Request Form; (b) proof that a fraud alert was placed with either Experian, Equifax or TransUnion; (c) if applicable, a copy of any settlement agreement reached by each party (creditors, collection agency, banks, etc.) involved with an Identity Theft; (d) a copy of a police report from your local jurisdiction and provide proof that such police report was filed; (e) copies of all receipts, bills, pay stubs, court documents and other records that support the Identity Theft Expenses incurred by you.
6. OUR RIGHT TO TERMINATE $2 MILLION Family Secure GUARANTEE: We expressly reserve the right to terminate and discontinue offering the $2 Million Family Secure Guarantee at any time in our sole and complete discretion. If we terminate the $2 Million Family Secure Guarantee, you will be notified in writing. We will continue to honor the $2 Million Family Secure Guarantee for an Identity Theft that occurred during the Guarantee Period while you were using Family Secure as described above.
THE $2 MILLION Family Secure GUARANTEE IS NOT OFFERED, APPLICABLE OR AVAILABLE TO RESIDENTS OF THE STATE OF NEW YORK.
TRADEMARKS
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COPYRIGHTS
All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of CIC or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of CIC or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent.
PATENTS
Certain aspects of this website as well as features and services accessible from this website may be covered by one or more of the following: U.S. Patent Nos: U.S. Patent No. 6,321,339; U.S. Patent No. 6,282,658; U.S. Patent No. 6,263,447; U.S. Patent No. 6,496,936; U.S. Patent 7,234,156; and U.S. Patent 6,857,073.
ENTIRE AGREEMENT
TThese Terms and Conditions, the Privacy Policy, and other policies CIC may post constitute the entire Agreement between CIC and you in connection with your use of the Product Web Site (if applicable), the Products, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. CIC may update these Terms and Conditions from time to time by posting revised Terms and Conditions on the Product Web Site, or by mailing an updated copy to the most recent address you have provided to CIC, without notice to you, and your subsequent use of the Product, Product Web Site and/or Content is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by CIC. In the event of termination, the Intellectual Property, Disclaimers, and Limitations of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Product Web Site or otherwise, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.