Last Revised: 03/01/2016
This Fraud Resolution by Experian® service ("Fraud Resolution by Experian®") Membership Agreement ("Agreement") is between you and ConsumerInfo.com, Inc. ("CIC" "us" "our" or "we") and explains the terms and conditions under which you may use the Fraud Resolution by Experian® service (including any information or other materials on this website (the “Service Website”), collectively referred to in this Agreement as the “Service”).
YOUR ORDER OF, USE OF, AND ACCESS TO, THE SERVICE WEBSITE AND THE SERVICE IS SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO THE SERVICE WEBSITE OR THE SERVICE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN AND TO PROVIDE TRUE, ACCURATE, COMPLETE AND CURRENT INFORMATION ABOUT YOURSELF. FURTHER, YOU AGREE THAT CIC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IF CIC SUSPENDS OR TERMINATES YOUR ORDER, USE, OR ACCESS TO THE SERVICE WEBSITE OR THE SERVICE FOR ANY REASON. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS THE SERVICE WEBSITE OR THE SERVICE. CALL CUSTOMER CARE AT THE PHONE NUMBER STATED ON YOUR NOTIFICATION MATERIALS IF YOU HAVE QUESTIONS ABOUT THE PRODUCT OR IF YOU NO LONGER WISH TO RECEIVE THE SERVICE.
This Agreement may be updated from time to time. You should check the Service Website regularly for updates to this Agreement. Each time you order, access or use the Service Website and the Service, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING CIC´S CUSTOMER SERVICE DEPARTMENT AT THE PHONE NUMBER STATED ON YOUR NOTIFICATION MATERIALS. IN THE UNLIKELY EVENT THAT CIC'S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING THE SERVICE, SERVICE WEBSITE, OR ITS CONTENT TO YOUR SATISFACTION (OR IF CIC HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. CIC WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND CIC WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) CIC and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Service, Service Website, or its content, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of the Service, your use of the Service Website, or its content subject to arbitration to the fullest extent permitted by law. However, for the avoidance of doubt, any dispute you may have with us arising out of the Fair Credit Reporting Act ("FCRA") relating to the information contained in your consumer disclosure or report, including but not limited to claims for alleged inaccuracies, shall not be governed by this agreement to arbitrate. The agreement to arbitrate otherwise includes, but is not limited to:
For purposes of this arbitration provision, references to "CIC," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information under this or prior Agreements between us relating to the Service, Service Website, or its content. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and CIC are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice''). The Notice to CIC should be addressed to: General Counsel, Experian, 475 Anton Boulevard, Costa Mesa, CA 92626 ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from CIC ("Demand''). If CIC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CIC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CIC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CIC is entitled.
You may obtain more information about arbitration from www.adr.org.
(c) After CIC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, CIC will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties´ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties´ dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. The arbitrator shall be bound by the terms of this Agreement. Unless CIC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, CIC will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse CIC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND CIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CIC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subparagraph (f) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if CIC makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any credit monitoring or other product, you may reject any such change and require CIC to adhere to the language in this provision if a dispute between us arises regarding such membership product.
Because CIC uses security measures designed to protect your privacy and to safeguard your information, CIC may not always be able to successfully provide Service to you.
You must have a Java-compatible browser to view the Service Website.
In order to become a member of Fraud Resolution by Experian®, you must (i) agree to the terms and conditions of this Agreement, (ii) be eighteen (18) years of age or older and provide your date of birth, (iii) provide a valid Social Security number, (iv) have and provide a valid land address within the United States; and (v) provide a valid email address and phone number. You will also be required to provide other information if you are redeeming your membership through the use of an engagement number or other identifying information (such as an activation, promotional or redemption code).
This section only applies to members who have been affected by a data breach or security incident of the organization that has contracted with CIC for CIC to make this Service and the Service Website available to you. In the context of a sponsored membership, you may be required to provide the engagement number or other identifying information (such as an activation, promotional or redemption code) as proof of eligibility for you to receive access to or use of the Service and Service Website at no charge to you, during the call with customer care team or at any time during the course of CIC’s provision of the Service. Please review your notification letter and the affected organization’s website or media posting (including press releases related to the security incident, if any) to determine the applicable date on which the availability or provision of these Services to you shall expire or otherwise be terminated, as well as to identify the engagement number or other identifying information (such as an activation, promotional or redemption code) as proof of eligibility. For the sake of clarity, you acknowledge and agree that, if you attempt to utilize the Service after expiration or termination date, you will not be able to utilize the Service.
FEATURES OF FRAUD RESOLUTION BY EXPERIAN® SERVICE
Fraud Resolution Assistance. There are certain steps that you must follow in order to receive the Service and obtain assistance from a fraud resolution agent. These steps include contacting Customer Care at the phone number stated on your notification materials. Additional information about requesting fraud resolution assistance can also be found at www.experian.com/fraudresolution.
If you contact us 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. "Identity Theft" means that your name, address, Social Security number, credit card, debit card or other personal identifying information was lost, stolen or was used without your knowledge or approval to commit fraud or other crimes.
THE FRAUD RESOLUTION FEATURE IS DESIGNED TO HELP YOU IN CONNECTION WITH RESOLUTION OF AN IDENTITY THEFT. THIS PRODUCT IS PROVIDED TO ASSIST WITH RESOLUTION AND IS SEPARATE FROM ANY AND ALL 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 AGAINST IDENTITY THEFT AND/OR THE CONSEQUENCES OF IDENTITY THEFT.
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 fraud resolution assistance request, including making contact by telephone, email, United States Postal Service or otherwise, to any service provider or any other person or entity that CIC deems necessary, in its sole and absolute discretion, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your fraud resolution 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 fraud resolution assistance request, including signed affidavits, 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 fraud resolution assistance request or provide any fraud resolution assistance in the event you fail or refuse to provide us with any requested corroborating evidence related to a possible Identity Theft.
CIC reserves the right not to provide you with any fraud resolution assistance in the event CIC determines that you knew, or should reasonably have known, of an act of Identity Theft that commenced prior to your membership. If at any time you cancel your membership, CIC is no longer obligated to provide any additional fraud resolution assistance.
If, at any time (including after beginning fraud resolution assistance), you choose to discontinue using the Service, you may contact us at any time to cancel CIC’s provision of or your receipt of any further assistance. You may contact us by calling the phone number stated on your notification materials.
You agree that CIC may, in its sole discretion and without notice or liability to you or any third party, immediately terminate your access to the Service Website and/or membership to our Service. Grounds for such termination shall include without limitation (a) breaches or violations of the law, this Agreement (including any terms and conditions contained herein), or other agreements, rules or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you or a third party who pays for your membership to terminate your membership, (d) discontinuance or material modification of the Service or the Service Website (or any part thereof), (e) unexpected technical or security issues or problems.
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. You authorize CIC to access your credit profile, to verify your identity, and to provide fraud resolution products. You also authorize CIC to access your credit profile 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.
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:
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 twelve (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.
Your access and use of the Service Website and Service must comply with all applicable laws, rules and regulations.
For online customers, access to and use of password protected and/or secure areas of the Service Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service 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.
The Service requires, in part, that fraud resolution agents to access to your credit report 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 the Service 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.
YOU UNDERSTAND AND AGREE THAT CIC WILL NOT BE LIABLE TO YOU (OR ANY OTHER THIRD PARTY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE SERVICE, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICE WEBSITE OR ANY LINKED WEBSITE, EVEN IF A PARTY 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 OTHER THIRD PARTY) FOR ANY OR ALL OF YOUR LOSSES OR INJURIESFROM CIC'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED FIFTY DOLLARS ($50.00).
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CIC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, CO-BRANDERS AND PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ON YOUR BEHALF OR MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE OR THE SERVICE WEBSITE.
This Agreement (including the terms and conditions contained herein) and your access to, use and browsing of the Service Website are governed by California law without regard to its conflict of law provisions.
CIC controls the Service Website from its offices within the United States of America, and the Service and Service Website is intended for your personal use only in the United States of America. CIC does not represent that the materials on the Service Website are appropriate or made available for use outside of the United States of America. You acknowledge and agree that you access the Service Website of your own volition and are responsible for compliance with applicable local laws.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND/OR THE SERVICE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE AND/OR THE SERVICE WEBSITE IS 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 ON THE SERVICE WEBSITE OR IN ANY OTHER MATERIALS YOU MAY RECEIVE FROM THE SERVICE AND/OR THE SERVICE WEBSITE AND/OR CIC DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. CIC MAKES NO WARRANTY THAT (I) THE SERVICES, SERVICE WEBSITE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND/OR THE SERVICE WEBSITE OR CONTENT WILL BE RELIABLE.
CIC may, at its discretion, modify or discontinue the Service or the Service Website, or any 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 Service or the Service Website (or any portion thereof).
CIC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service Website (or any part thereof), with or without notice. You agree that CIC shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service Website or any part thereof.
The Service Website may provide links to other web sites. Because CIC has no control over such sites and resources, you acknowledge and agree that CIC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, terms of service, privacy policies or other materials on or available from such sites or resources.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT CIC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
You acknowledge and agree that Fraud Resolution by Experian®, CIC's name, the Service Logo, page headers and other ProtectMyID.com™ terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of CIC (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. CIC Marks may not be used in connection with any product or service that is not CIC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CIC. All other trademarks, product names, or logos not owned by CIC that appear on the Service Website are the property of their respective owners.
All Content included on the Service 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.
Certain aspects of this Service 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; U.S. Patent 6,857,073; and U.S. Patent No. 7,841,004.