THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTES BETWEEN YOU AND TRANSUNION INTERACTIVE, WILL BE RESOLVED THROUGH BINDING ARBITRATION.
YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCTS, RELATED WEBSITES AND CONTENT CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH HEREIN, INCLUDING THE ARBITRATION PROVISION.
YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE PERMITTED TO ENROLL IN, REGISTER FOR, PURCHASE OR USE THE PRODUCTS, SERVICES OR OTHER OFFERINGS.
TransUnion Interactive is not a credit repair organization, or similarly regulated organization under other applicable law, and does not provide credit repair advice. We do not claim that we are able to "clean up" or "improve" your credit record, credit history or credit rating. The information provided to you through any TransUnion Interactive product or service is for education purposes only.
TransUnion credit monitoring monitors only the credit file associated with the purchasing consumer, and does not monitor, or cross-references the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
IN ORDER TO DELIVER THE PRODUCTS TO YOU, WE MUST OBTAIN YOUR CONSUMER CREDIT FILE AND OTHER INFORMATION. YOU HEREBY AUTHORIZE TRANSUNION INTERACTIVE TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE CERTAIN INFORMATION ABOUT YOU WITH THIRD PARTIES IN ORDER TO (1) VERIFY YOUR IDENTITY AND (2) PROVIDE THE PRODUCT TO YOU, OR TO ACCESS ADDITIONAL INFORMATION ABOUT YOU IN ORDER TO PROVIDE YOU WITH THE PRODUCT THAT YOU OPTED FOR AS PART OF YOUR SUBSCRIPTION. EACH TIME YOU ACCESS THE PRODUCT, YOU ARE PROVIDING WRITTEN INSTRUCTIONS AS SET FORTH IN THE FAIR CREDIT REPORTING ACT FOR TRANSUNION INTERACTIVE TO OBTAIN YOUR CONSUMER CREDIT REPORT FROM EACH NATIONAL CREDIT REPORTING AGENCY, INCLUDING TRANSUNION, EXPERIAN, AND EQUIFAX.
MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, CREDIT REPORTING AGENCIES ARE REQUIRED BY APPLICABLE FEDERAL AND STATE LAW TO FURNISH YOU A COPY OF YOUR CREDIT REPORT UPON REQUEST, IN SOME INSTANCES AT NO CHARGE, OR FOR A NOMINAL FEE, SEE "FAIR CREDIT REPORTING ACT" BELOW.
While you are on the site or are using or accessing our product offerings, we may collect certain data about your use of the site and the products. By accessing or viewing any of our Sites, you understand that we will be collecting this data. If you do not want us to collect data about you, then do not access any of our Sites and do not enroll in, purchase, or use any of our products or services.
TransUnion Interactive maintains this Site to provide you with information about our memberships, products and services and to facilitate communication with us and our affiliates. From time to time we may revise these terms and conditions in the Agreement. Revisions will be effective when posted or as otherwise stated. Additional terms and conditions may apply to specifics of our memberships, products and services or to participate in our affiliate program, contests or surveys. Please see the Service Agreement for terms about the specific features included in the TransUnion Interactive products, services, and memberships.
Credit reports, credit scores and debt analysis will be available for a period of up to one year or until you update your report, otherwise, products will be provided for the period stated in the product description.
Ownership of Materials
The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed on the Site, including but not limited to TransUnion®, TransUnion Interactive®, TrueCredit®, TrueCredit® and Design, and Manage Your Credit Manage Your Life™, are the property of TransUnion Interactive or its licensors and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Content within the Site, TransUnion Interactive owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TransUnion Interactive or the owner of the Content.
Articles, videos, infographics, blogs, and other creative materials found on transunion.com, TransUnionPlus.com, or other websites owned or maintained by TransUnion and its subsidiaries and affiliates are solely the property of TransUnion LLC, TransUnion Interactive or the applicable subsidiary or affiliate. No part of this publication may be reproduced or distributed in any form or by any means, electronic or otherwise, now known or hereafter developed, including, but not limited to, the Internet, without the explicit prior written consent from TransUnion Interactive or TransUnion LLC.
Requests for permission to reproduce or distribute any part of, or all of, this publication should be mailed to:
555 West Adams
Chicago, Illinois 60661
The "T" logo, TransUnion, and other trademarks, service marks, and logos (the "Trademarks") used in this publication are registered or unregistered Trademarks of TransUnion LLC, or their respective owners. Trademarks may not be used for any purpose whatsoever without the express written permission of the Trademark owner.
TransUnion Interactive reserves the right to publish or use any responses, questions or comments emailed to this address for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions will be the property of TransUnion Interactive.
Disclaimer of Warranties and Liabilities
OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, SUBSCRIPTIONS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS". NEITHER TRANSUNION INTERACTIVE INC., TRANSUNION, LLC NOR ANY OF ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH OUR SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRANSUNION INTERACTIVE, TRANSUNION, LLC AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK.
BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TRANSUNION INTERACTIVE, TRANSUNION, LLC NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION BE LIABLE FOR ANY LOSS ARISING OUT OF TRANSUNION INTERACTIVE OR TRANSUNION'S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICE. IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION BE LIABLE FOR ANY DELAY IN PROVIDING SERVICES, OR DAMAGES RESULTING FROM ANY DELAY IN SERVICES. IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN. IN NO EVENT SHALL THE LIABILITY OF TRANSUNION INTERACTIVE AND TRANSUNION EXCEED THE TOTAL AMOUNT OF FEES YOU PAID FOR THE APPLICABLE PRODUCTS IN THE PRECEDING TWELVE MONTHS.
Fair Credit Reporting Act
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. For more information visit the credit report section in the Learning Center, available from most pages of the Site.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. If you are a resident of Mississippi, then beginning in 2016, you are entitled to free credit reports for three (3) years. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM TRANSUNION INTERACTIVE IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, LLC, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
It may be the policies of TransUnion, LLC, Equifax, and/or Experian to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact TransUnion, LLC, Equifax, or Experian to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in a TransUnion, LLC, Equifax, or Experian credit report file, see the contact information and dispute process description contained in the Learning Center or from the inaccuracies tab on your credit report. The form of credit report and related disclosures provided directly by such agencies to you may differ from those provided by TransUnion Interactive.
TransUnion Interactive's online credit report has been specially designed for consumer ease-of-use. Color illustrations, analysis information and helpful links on TransUnion Interactive's credit report make it easy for you to understand and manage your credit.
Term and Termination; Modification
This Agreement will take effect at the time you click "I Accept," and shall terminate (a) when the member cancels his/her membership by contacting TransUnion Interactive via the website or the toll-free number set forth on the website for cancellations, or (b) upon termination of your membership or (c) if TransUnion Interactive discontinues providing any membership, subject to your right to receive membership benefits that you have paid for or to obtain a refund of a portion of your payment; or (d) for any reason at any time in TransUnion Interactives sole discretion. To cancel your products or subscriptions, please go to https://www.transunionplus.com/member/account/close/ or call toll-free (855) 468-1378.
TransUnion Interactive products shall not be used in a manner that defrauds or otherwise abuses the credit reporting or credit scoring systems. TransUnion Interactive has the right to suspend or terminate your use of any product or access to our sites if we determine, in our sole discretion, that your use of our products has abused the credit reporting or credit scoring systems. Further, you agree that TransUnion Interactive will not be liable to you or any third party if TransUnion Interactive suspends or terminates your access for any reason.
TransUnion Interactive may (i) change the terms of this Agreement or the feature of the membership products, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use the Site and/or your membership after TransUnion Interactive has notified you of a change in the Agreement you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted notices of modification.
Policy Regarding Children
We define children as individuals under the age of 16. Our website is not intended for the use of children and we do not intend to collect information about children through our website. You must be at least 18 years of age to access any products through this website or to join any TransUnion Interactive service, or to become a member entitled to membership benefits.
You should send any notices or other communications regarding our Site, products or services to TransUnion Interactive, Inc., 100 Cross Street, Suite 202, San Luis Obispo, CA 93401.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the 'Your Account' section from the main menu.
The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Delaware, USA, and applicable federal law, without regard to any conflict of law provisions. TransUnion Interactive can provide credit reports only for individuals who have established credit in the United States. Those who choose to access this Site, or become a member in one of our membership programs, from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TransUnion Interactive's provision of products or services to you, your use of any of our websites, or of your membership in any of our membership programs, if submitted to a court of law, shall be submitted to the state and federal courts of New Castle County, Delaware, USA.
We reserve the right to take any action that we deem necessary or appropriate in our sole discretion if we believe you or your use of the Sites and any products or services may create liability for TransUnion or its Third Party Servicers. Your use of the Sites and any products or services is subject to all applicable local, state, national and international laws, rules, statutes, treaties and regulations. In connection with your use of the Sites and any products or services, you agree to: (A) comply with all applicable local, state, national and international laws, rules, statutes, treaties and regulations; (B) maintain the security of access to the Sites and any products or services; (C) not use the Sites and any products or services for illegal purposes; (D) not interfere or disrupt networks connected to the Sites and any products or services; (E) not attempt to gain unauthorized access to other computer systems; (F) not interfere with another users use and enjoyment of the Sites and any products or services, including disrupting the normal flow of dialogue; (G) not use the Sites and any products or services to infringe any third partys Intellectual Property Rights; (H) not transmit through the Sites and any products or services, through feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (I) not bypass or disable any security mechanisms in the Sites and any products or services.
AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION
THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES ("ARBITRATION AGREEMENT") THAT MAY ARISE AS A RESULT OF YOUR TRANSUNION INTERACTIVE MEMBERSHIPS, PRODUCTS OR SERVICES OR THE AGREEMENT. READ THIS SECTION CAREFULLY. YOU UNDERSTAND AND AGREE THAT BOTH PARTIES WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT BOTH PARTIES BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL.
RIGHT TO REJECT/OPT-OUT OF THE ARBITRATION AGREEMENT
In consideration for our willingness to provide you with access to products through the Site as set forth in the Agreement, you and we agree as follows:
If you bring a small claims proceeding against TransUnion for money damages in an amount less than the statutory dollar limit for the small claims court in the applicable jurisdiction, then such claim will be resolved in the applicable small claims court.
If the amount you are claiming in damages in any court claim against TransUnion exceeds the dollar limit for small claims court in the applicable jurisdiction, then you agree that any dispute, claim or controversy ("Claim") between you and TransUnion Interactive or its parent, TransUnion, our agents, contractors, employees, officers or assignees, arising out of or relating in any way to this Agreement, your purchase and use of a TransUnion Interactive product or use of this Site, including, without limitation, tort and contract claims, claims based on any federal, state or local statute, law or regulation and the issue of arbitrability must be resolved exclusively by binding arbitration, except for the validity, scope or enforceability of this Arbitration Agreement. However, we will not demand arbitration pursuant to this Arbitration Agreement in connection with any individual Claim that you properly file and pursue in a small-claims court of your state or municipality, so long as the Claim is pending only in that court.
YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes.
A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above.
You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Similarly, before TransUnion Interactive takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or TransUnion Interactive is notified of a dispute, either party may then contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA's arbitration rules and its fees are available from the AAA on the Internet at https://www.adr.org.
The cost of any arbitration proceeding shall be divided as follows:
If you initiate arbitration, you will be responsible for paying one half of the filing fee, or $125.00, whichever is less, when the demand for arbitration is made.
If we initiate arbitration, we will be responsible for paying all arbitration costs.
Regardless of who initiates the arbitration, you will not be responsible for any arbitration fees that exceed one half of the filing fee, or $125.00, whichever is less, or the fees that you would have incurred if the Claim had been brought in court.
Notwithstanding the foregoing, if you believe the cost of arbitration may be too burdensome, you may seek a waiver of the filing fee under the applicable arbitration rules. If you seek, but not qualify for such waiver, we will consider a written request from you to advance all or part of the filing fee.
The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures (additional charges may apply for these procedures). Any arbitration proceeding will take place at a location within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location.
The arbitrator will be required to follow relevant law and applicable judicial precedent to arrive at a decision and shall be empowered to grant whatever relief would be available in court. Where authorized by applicable law, the arbitrator's award may include attorneys' fees and other expenses. You understand and agree that you and TransUnion Interactive are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings hereunder shall be governed by and enforceable under the Federal Arbitration Act ("FAA"), 9 U.S.C. §§1-16.
Any party to the arbitration proceeding may enter judgment upon the arbitration award in any court having jurisdiction over the arbitration award and may have that judgment enforced by any court having jurisdiction over that judgment. If this Arbitration Agreement is held to be invalid or otherwise unenforceable for any reason, it will be severed from the Agreement and the parties agree that exclusive jurisdiction and venue for any claims will be within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location.
BECAUSE YOUR PURCHASE AND USE OF A TRANSUNION INTERACTIVE PRODUCT OR USE OF THIS SITE REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTIVE PROCEEDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The arbitrator's decision shall become final and binding after 30 days unless a party to the arbitration takes an appeal from the decision by making a written request to AAA. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration, and will make decisions based on the vote of the majority. We will advance any fees and costs required by AAA to commence any appeal. The appeal panel's decision shall be final and binding.
In the event of a conflict between the applicable arbitration rules and this Arbitration Agreement, this Arbitration Agreement shall govern. To the extent that the class action and collective action waivers contained herein are rendered invalid or unenforceable by applicable law as to any Claims, this Arbitration Agreement shall not apply to such Claims and thus we may elect to proceed exclusively in court. If any other provision of this Arbitration Agreement should be found invalid or unenforceable, such a determination shall not affect the enforceability of the remaining provisions, which shall remain and continue in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are null and void.
If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.