Terms And Conditions
These Terms and Conditions govern your Experian Credit Manager PLUS membership.
By submitting your order through our secure order form, you acknowledge receipt
of our Privacy Notice and agree to its terms, confirm your authorization for
ConsumerInfo.com to obtain your credit report, and agree to the following:
Payment Information
You may cancel at any time during the free membership period. If you wish to
continue your membership in the Experian Credit Manager PLUS Monitoring
Service, do nothing-your membership will continue without interruption. The
annual $89.95 fee will be charged to your credit card account and your
membership will continue automatically, billable annually at the prevailing
rate. Even after the free trial, our service comes with a six-month, money-back
guarantee*: if for any reason you are dissatisfied, you can cancel and receive
a pro-rated refund of the current year's membership fee. You can reach our
Customer Care Center at 1-866-673-0139. For your convenience, our call center
is open 6am - 6pm Monday thru Friday and 8am - 5pm Saturday and Sunday (Pacific
Time).
Acceptance of Terms
ConsumerInfo.com provides this web site ("Web Site") to you. This
Agreement is made between you and ConsumerInfo.com, the provider of the
products and services at this Web Site. The Web Site, all Membership services
such as access to online credit analysis tools, credit information, and your
credit summary ("Services") and text, pictures, graphics, logos,
button items, images, works of authorship and other information and all
revisions, modifications, and enhancements thereto ("Content") is
subject to the following terms and conditions, which may be updated from time
to time.
YOUR ACCESS TO AND USE OF THIS WEB SITE AND THE SERVICES PROVIDED ON THIS WEB
SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS
AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH
ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE,
THE SERVICES, OR ANY INFORMATION CONTAINED ON THIS WEB SITE. YOUR ACCESS TO AND
USE OF THIS WEB SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS
AND CONDITIONS SET FORTH BELOW.
Use of the Services
In consideration of your use of the Content and Services, you agree to provide
true, accurate and current information about yourself as prompted by the
registration and application forms on this Web Site. By registering on this Web
Site, 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
ConsumerInfo.com has reasonable grounds to suspect that such information is
untrue, inaccurate or not current, ConsumerInfo.com, at its sole discretion,
has the right to suspend or terminate your Membership and refuse all current or
future access to the Content and use of the Services or suspend or terminate
any portion thereof. Further, you agree that ConsumerInfo.com will not be
liable to you or any third party if ConsumerInfo.com suspends or terminates
your access to the Content or Services for any reason.
You understand that by submitting your order you are providing “written
instructions” for ConsumerInfo.com under the Fair Credit Reporting Act
authorizing ConsumerInfo.com to obtain information from your personal credit
profile from Experian. You authorize ConsumerInfo.com to obtain such
information solely for accessing your credit report to verify your identity and
to provide for the credit monitoring service.
FCRA Disclosures
The Federal Fair Credit Reporting Act (FCRA) allows you to obtain a copy of
your consumer credit report from any consumer credit reporting agency for a
reasonable charge. The FCRA also states that individuals are entitled to
receive a disclosure directly from the consumer credit reporting agency 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
-
If you are a resident of Colorado, Maine, Maryland, Massachusetts, New Jersey,
or Vermont, you may receive a free copy of your consumer credit report once
each year, and if you are a resident of Georgia, twice each year.
The Act also permits consumers to dispute inaccurate information in their
credit report without charge. Accurate information cannot be changed.
Modification to Services
ConsumerInfo.com may, at its discretion, modify or discontinue
any of the Services or Content or a portion thereof,
with or without notice. You agree that ConsumerInfo.com
will not be liable to you or any third party for any
modification or discontinuance of any of the Services
or Content.
Disclaimers
Because we use security measures to protect your privacy
and to safeguard your information, we may not always
be able to provide online delivery of your credit report.
If the online verification system is unable to verify
your identity, you will be routed through a manual authentication
process. After your identity has been verified, we 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 complete within
5 to 7 business days.
ConsumerInfo.com 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.
We recommend using a credit card rather than a debit
card. Note to ATM/Debit Card users: Canceling too close
to end of trial or renewal date may cause a processing
delay and a charge to your account. Although this charge
will be refunded, refunds can take 7-10 days to be processed.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THIS WEB SITE, THE SERVICES AND CONTENT IS AT YOUR SOLE
RISK. ALL SERVICES, CONTENT, TOOLS, CALCULATORS AND
SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS. CONSUMERINFO.COM AND ITS SUPPLIERS
EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES 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 THIS WEB SITE DOES NOT
CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL
ADVICE. CONSUMERINFO.COM AND ITS SUPPLIERS MAKE NO WARRANTY
THAT (i) THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE,
TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT
OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT CONSUMERINFO.COM AND ITS
SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
EVEN IF CONSUMERINFO.COM OR ITS SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, RESULTING
FROM YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES,
CONTENT OR SOFTWARE, ANY USE OR RELIANCE ON ANY LINKED
WEB SITE OR ANY OTHER MATTER RELATED TO THE SERVICES
OR CONTENT. IF, NOTWITHSTANDING THE ABOVE, LIABILITY
IS IMPOSED ON CONSUMERINFO.COM, THEN YOU AGREE THAT
CONSUMERINFO.COM'S TOTAL LIABILITY FOR ANY OR
ALL OF YOUR LOSSES OR INJURIES FROM CONSUMERINFO.COM'S
ACTS OR OMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF
THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO
HAVE BEEN VIOLATED, SHALL NOT EXCEED THE AMOUNT PAID
BY YOU TO CONSUMERINFO.COM UNDER THIS AGREEMENT DURING
THE YEAR PRECEDING THE ALLEGED BREACH BY CONSUMERINFO.COM
OF THIS AGREEMENT.
GENERAL PROVISIONS
Governing Law
This Agreement is governed by the laws of California
without regard to conflicts of law provisions with the
exception of the Arbitration provision, which shall
be governed by the Federal Arbitration Act. You hereby
consent to the exclusive jurisdiction and venue of the
courts in Orange County, California.
Arbitration
You understand and agree that all claims, disputes or
controversies arising in connection with or related
to this contract or the relationships which result from
this contract, 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 arising under this agreement is arbitral 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 shall be
governed by the Federal Arbitration Act ("FAA")
with respect to its substantive and procedural laws.
NEITHER YOU NOR WE 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.
Entire Agreement
This Agreement, the Privacy Policy, and other policies
ConsumerInfo.com may post constitute the entire Agreement
between ConsumerInfo.com and you in connection with
your use of this Web Site, the Services, and the Content
including prior versions of the terms and conditions,
if applicable. ConsumerInfo.com may update these terms
and conditions from time to time by posting revised
terms and conditions on this Web Site, without notice
to you, and your subsequent use of the Web Site is governed
by those new terms and conditions. The terms and conditions
are effective until terminated by ConsumerInfo.com.
In the event of termination, the Intellectual Property,
Disclaimers, Limitations of Liabilities, and Governing
Law 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 this Web Site, 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.
Intellectual Property
You acknowledge and agree that (a) all Content is the
copyrighted work of ConsumerInfo.com or its third party
content suppliers and is protected by copyright laws,
(b) ConsumerInfo.com's name, the domain ConsumerInfo.com,
the ConsumerInfo.com logo, all page headers, custom
graphics and button icons are service marks, trademarks
and/or trade dress of ConsumerInfo.com's collectively,
"Marks"), and (c) all other trademarks, product
names, company names or logos on the Web Site are the
property of their respective owners. You further acknowledge
and agree that all software used in connection with
this Web Site ("Software") is the property
of ConsumerInfo.com or its suppliers and is protected
by U.S. patent and copyright laws. In addition to agreeing
to comply with all applicable laws, you agree you will
not use any such Content, Marks or Software from this
Web Site for any purpose without our prior written authorization.
Service-Specific Terms and Conditions
The terms explained below are service specific and apply
to the particular service indicated in addition to the
terms and conditions listed above.
Registering: To enroll in an annual credit monitoring
Membership or to request a Credit Report or Score, you
must complete an online registration form, which includes
an address within the United States, and you agree to
be bound by this Agreement. You must provide valid credit
card information. We will then evaluate your complete
registration information for Membership enrollment to
the service. We are not able to accept and process joint
registration for a married couple. In addition,
Credit Monitoring
You understand and agree that we provide a credit monitoring
service. We give you access to your credit report and
we help you understand the information contained in
your credit report. We are not a credit repair organization.
We cannot improve your credit report, credit history
or credit rating. We do not provide you with advice
or assistance in improving your credit report, credit
history or credit rating. Accurate adverse information
on your credit report cannot be changed. If you believe
that your credit report contains inaccurate information,
it is your responsibility to contact the relevant credit
bureau, and follow the appropriate procedures for notifying
the credit bureau that you believe that your credit
report contains an inaccuracy. Any information provided
to you regarding the procedures followed by the various
credit bureaus related to the removal of inaccurate
information is provide without charge to you and is
available for free. Any such information is not included
as part of your credit monitoring service but is provided
free of charge to all consumers, regardless of whether
they are members of the credit monitoring service.
Membership Term: Your Membership in the credit monitoring
service is effective for the period covered by your
Membership fee and continues upon your payment of the
(monthly/annual) renewal fee. Renewal Membership fees
will conveniently and automatically be charged, at the
then current rate, to the credit card or other billing
source authorized by you, until you cancel your Membership.
Should you choose to discontinue your Membership for
any reason before expiration of the 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. If you choose to cancel
within 180 days of when you were billed, you will receive
a prorated refund of your current year's Membership
fee. ConsumerInfo.com reserves the right to change the
Membership fee for any renewal term to be effective
upon the renewal of your Membership.
Credit Report and Credit Score
Terms: When you use our online services to 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
when we successfully locate your credit file.
- If you have questions
regarding your credit report or would like to dispute
information, you may request an investigation by
contacting the bureau that supplied the information,
as indicated in your credit report.
- For your protection, if you are inactive (have not clicked on an item
or refreshed the page) for a period of 20 minutes when reviewing your credit
report and/or credit score online, your session will conclude and you will be
logged out.
Disclaimers: You acknowledge
that the information provided to you through the Credit
Score service, including the score factors derived from
the elements in your credit history, change over time
as your credit history changes. You also acknowledge
that the score factor advice on how to improve or maintain
your credit position assumes there will be no adverse
changes in your credit performance. ConsumerInfo.com
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 services.
Privacy Policy Notice
ConsumerInfo.com's policy on how your personal
information is used and disclosed is contained in our
Privacy Policy. You may click
here to read our Privacy Policy. Your Experian Credit
Manager PLUS Monitoring Service is Web-based and you
agree to accept this notification, revisions, and the
provision of an annual notice electronically through
this website, if required.
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