I responded to an ad in my AAA Northern New England Magazine for a FREE credit check service through Experian. I wondered who would actually read their "Terms" before submitting an application for the "CreditCheckSelect" service? Here are the terms:
Terms And Conditions
Effective November 14, 2008
ACCEPTANCE OF TERMS These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all transactions between you and ConsumerInfo.com, Inc. ("CIC"). By submitting your order, you acknowledge receipt of our Privacy Notice and agree to its terms, confirm your authorization for CIC to obtain your credit report and agree to the Terms and Conditions herein.
This Agreement is made between you and CIC, the provider of credit products including, but not limited to, the membership based products known as TripleAdvantage SM, TripleAlert SM, CreditCheck®, Credit Manager SM, CreditCheck® Select, CreditCheck® Deluxe, or CreditCheck® Premium, and non-membership based Products such as the 3 Bureau Credit Report, Instant Single Credit Report, PLUS Score®, Statutory PLUS Score and Free Experian Credit Report (collectively, the "Products"), and all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") are subject to the following Terms and Conditions, which may be updated from time to time. Note to online customers: Please check this site regularly for updates to these Terms and Conditions.
YOUR USE OF THE PRODUCTS BEING PROVIDED TO YOU ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. YOUR ACCEPTANCE AND USE OF THE PRODUCTS CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET
BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE THE PRODUCTS OR ANY OF THE INFORMATION OR CONTENT WITHIN THE PRODUCTS; DISCARD THE PRODUCTS YOU RECEIVED IMMEDIATELY AND CALL CUSTOMER SERVICE TO CANCEL YOUR MEMBERSHIP. MOREOVER, IN THE CASE OF ONLINE CUSTOMERS, IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE, THE PRODUCTS, OR ANY INFORMATION OR CONTENT 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
USE OF THE PRODUCTS In consideration of your use of the Content and Products, you agree to provide true, accurate and current information about yourself when prompted to do so by the registration and application forms. 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 use of any Product and refuse all current or future access to the Content and use of the Products or suspend or terminate any portion thereof. Further, you agree that CIC will not be liable to you or any third party if CIC suspends or terminates your access to the Content or Products for any reason. You understand 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. You authorize CIC to access your credit profile to verify your identity and to provide credit monitoring, reporting, scoring and fraud resolution products.
ARBITRATION YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND CIC, AND ITS PARENT, 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 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.
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 credit report.
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 towww.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.
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 CIC may, at its discretion, modify or discontinue any of the Products or Content or a portion thereof, with or without notice. You agree that CIC will not be liable to you or any third party for any modification or discontinuance of any of the Products or Content.
NOTICE OF PROSECUTION For online customers, access to and use of password protected and/or secure areas of the Web Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site 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.
DISCLAIMERS Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to successfully provide our Products to you, including instant online delivery of your credit report for online customers. For example, for certain of our 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, we will send a private access code via
mail to the address in your credit file, which you can use to access your report online. This process is normally completed within 5 to 7 days. For other products, we 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 offline customers, we 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, we cannot provide any Products to you.
CIC may use your personal information to the extent necessary to process your order and/or engage in business maintenance.
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.
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. We recommend 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. If you are eligible for a refund, refunds can take 7-10 business days to be processed.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE (IF APPLICABLE), THE PRODUCTS AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, CONTENT, TOOLS AND CALCULATORS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. CIC 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 OR OTHER MATERIALS YOU MAY RECEIVE FROM CIC DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE., 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.
PROMOTION CODES If you are using a promotion code to obtain Product, you are restricted to a one-time use of such promotion code. Any subsequent use of the promotion 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 Products," found herein.
Please note that if you improperly obtain a Product with a promotional 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 FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE WEB SITE (IF APPLICABLE), PRODUCTS, MEMBERSHIP BENEFITS, OR CONTENT, OR FROM YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN IF CIC HAVE 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 FOR ANY OR ALL OF YOUR LOSSES OR INJURIES 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.
PRODUCT-SPECIFIC TERMS AND CONDITIONS The terms explained below are product specific and apply to the particular product indicated in addition to the Terms and Conditions listed above. Note: If you have not ordered a specific product listed below, then the related terms and conditions may not apply.
Registering for any Product: To enroll in a monthly/annual credit monitoring Product or to request a credit report or score, you must have an address within the
, provide a valid Social Security number, and you 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. We will then evaluate your complete registration information. We are not able to accept and process joint registration for a married couple.
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.
To be eligible to enroll in and receive the free identity theft monitoring benefit (CreditCheck® Select), you must be 18 years of age or older and a current AAA Classic®, AAA Plus® or AAA Premier® member in Southern California, Texas, New Mexico, Hawaii, Alabama, Maine, New Hampshire, Vermont, Missouri, Arkansas, Louisiana, Mississippi, Eastern Kansas, Southern Illinois or Southern Indiana. This AAA benefit is subject to change or termination at any time without notice. Certain terms and conditions apply.
Credit Monitoring (Applicable for the following products: TripleAdvantage SM, TripleAlert SM, CreditCheck® Monitoring, Credit Manager SM, CreditCheck® Select, CreditCheck Deluxe SM, and CreditCheck Premium SM )
You understand and agree that we provide a credit monitoring product. 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 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 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.
Your membership in credit monitoring is effective for the period covered by your membership fee and continues upon your payment of the monthly/annual 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, until you cancel 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 1-866-584-9446. If you are an annual subscriber and choose to cancel within 180 days of when you were billed, you will be eligible to receive a prorated refund of your current year' s membership fee. If you are a monthly subscriber and choose to cancel after your free trial ends, 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.
If you or AAA cancels your AAA Membership for any reason, your membership in CreditCheck® Select will be automatically cancelled and you may not enroll in this free benefit at a later date.
Additionally, if, for any reason, you decide to cancel your CreditCheck® Select benefit, you must cancel your membership by calling the toll-free number of 1-866-584-9446. You may not re-enroll in this free benefit at a later date.
Please note, there are different processing times across the credit reporting companies, therefore you may not be enrolled in all of them at the same time. It may take 2-3 weeks for you to be enrolled in the credit monitoring programs across all three companies and before you begin receiving alerts. CIC does not control and is not responsible for the enrollment process. Your enrollment in credit monitoring is dependent on the credit reporting companies being able to enroll you in credit monitoring. If you are not able to be enrolled in credit monitoring, you will not receive alerts of changes to your credit report. If you are successfully enrolled in credit monitoring, alerts will be delivered to the email address or the mailing address that is given to CIC when you enroll in credit monitoring. It is your responsibility to update your address if it should change.
Credit Monitoring Membership With Trial: Please note, if you have ever been a member and received a free trial, CIC may refuse to give you another free trial offer. Returning members will be billed the membership fee immediately upon renewal. During your trial period, you are eligible for one free report and/or score as dictated by your specific membership terms. You will be asked for valid credit card information when you sign up for the credit monitoring trial. CIC will verify your credit card information before processing your order. An authorization will be performed on your credit card, to make sure it is valid and in good standing, but CIC will not bill your card until the 30-day free trial period has passed. All subsequent reports and/or scores purchased during your trial period will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you. If you do not cancel during your trial period, your membership will continue automatically and the monthly/annual fee will be billed to the credit card or other billing source authorized by you.
Credit Monitoring Membership Without Trial: The monthly/annual fee for a credit monitoring membership without a trial period will be billed immediately to the credit card or other billing source authorized by you.
Free Credit Monitoring Membership Included With Your AAA Membership: All current AAA Classic®, AAA Plus® or AAA Premier® members (who reside in Southern California, Texas, New Mexico, Hawaii, Alabama, Maine, New Hampshire, Vermont, Missouri, Arkansas, Louisiana, Mississippi, Eastern Kansas, Southern Illinois or Southern Indiana) are entitled to receive the free membership benefit of CreditCheck® Select. CreditCheck® Select, a credit and identity theft monitoring product, is included with your AAA membership. Although CreditCheck® Select is free of charge, you must enroll online to take advantage of this membership benefit. There are no hidden charges or fees for CreditCheck® Select.
Credit Reports and Credit Scores (Applicable for the following Products: 3 Bureau Credit Report, Instant Single Credit Report, PLUS Score®, Statutory PLUS Score, Free Experian Credit Report, and VantageScore SM )
When you use our Products 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 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 (Applicable for the following products: TripleAdvantage SM, TripleAlert SM, CreditCheck® Select, CreditCheck® Deluxe, and CreditCheck® Premium). 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 1-866-584-9446. 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 1-866-584-9446 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 reports for any purpose relating to your request for assistance.
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.
Identity Theft Insurance
Identity Theft Insurance (Applicable for the following products: TripleAdvantage SM, - Data Breach, TripleAdvantage SM Deluxe - Data Breach, TripleAdvantage SM Premium - Data Breach, TripleAlert SM - Data Breach, CreditCheck® Deluxe, CreditCheck® Premium, CreditCheck® Total and CreditCheck® Select).
Identity Theft Insurance is provided by Virginia Surety Company, Inc. 1000
60025. For additional information about the policy, please refer to Virginia Surety´s Evidence of Coverage located in the My Credit Center area of this Web Site. Due to
state law restrictions, identity theft insurance coverage cannot be offered to residents of
AAA Premier® members who reside in
, Eastern Kansas, Southern Illinois or
will receive an additional benefit of $10,000 in identity theft insurance, provided by Virginia Surety Company, Inc. In other words, the $10,000 in Identity Theft Insurance, provided by Virginia Surety Company, Inc. is only available to AAA Premier® Members only.