EXPERIAN® PARTNER SOLUTIONS COMPREHENSIVE TERMS AND CONDITIONS
THESE ARE THE TERMS OF OUR AGREEMENT WITH EACH OTHER. ALL OF IT IS IMPORTANT SO TAKE A FEW MINUTES TO READ IT CAREFULLY. BY ENROLLING AND USING EXPERIAN’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER AT SECTION 11 BELOW. YOU SHOULD READ THAT PROVISION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
YOU UNDERSTAND THAT BY USING THE SERVICE AND/OR WEBSITE(S) YOU ARE ACCEPTING THESE TERMS AND CONDITIONS AND ARE PROVIDING “WRITTEN INSTRUCTIONS” TO CSIDENTITY CORPORATION (A/K/A EXPERIAN PARTNER SOLUTIONS), CONSUMERINFO.COM, INC. (A/K/A EXPERIAN CONSUMER SERVICES), AND THEIR RESPECTIVE SERVICE PROVIDERS, AFFILIATES, EMPLOYEES, AGENTS, SUBSIDIARIES, CONTRACTORS, THIRD PARTY DATA PROVIDERS/SOURCES AND SUPPLIERS, AND ALL OTHER CREDIT REPORTING AGENCIES UNDER THE FAIR CREDIT REPORTING ACT (FCRA), AS AMENDED, INCLUDING, WITHOUT LIMITATION, EXPERIAN INFORMATION SOLUTIONS, INC. (“EXPERIAN CREDIT BUREAU”), TRANSUNION, EQUIFAX AND AFFILIATED ENTITIES, TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE INFORMATION ABOUT YOU WITH EACH SUCH NATIONAL CREDIT REPORTING AGENCY AND OTHER THIRD-PARTY SERVICE PROVIDERS IN ORDER TO VERIFY YOUR IDENTITY AND TO PROVIDE THE PRODUCTS AND/OR SERVICES TO YOU, INCLUDING, BUT NOT LIMITED TO, ADDRESS HISTORY REPORTS, NAME AND ALIAS REPORTS, CRIMINAL OR SEX OFFENDER REPORTS, AND TO PROVIDE MONITORING AND/OR ALERTS TO YOU.
For the avoidance of doubt, this Agreement expressly applies to: (a) your access to and use of the Websites; (b) any and all transactions between you and Experian through the Websites, including for the provision of any Services or of any credit, personal, financial or other information delivered as part of or in conjunction with Services; and (c) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Websites.
You may not use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with Experian. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind. Before you continue, you should print or save a local copy of this Agreement for your records.
You must have an email address and provide the same to Experian, and have a compatible browser or mobile application to receive and/or access your Services via the internet, if applicable. As an online (or mobile application) customer, you are agreeing to receive all notifications via email at the email address on file with Experian and/or via push notifications to your device. You are obligated to update the email address on file when your email address changes. In some cases, we require that you “opt in” or provide your affirmative consent to receive emails from us in order to receive Service alerts, notices and other communications from us. Where required, it is your responsibility to provide us with such affirmative consent so that we can provide all of the communications, including alerts of changes to your credit report. However, even if you choose not to provide the affirmative consent, once you have passed authentication, the Websites and all of the valuable features of your membership are still available to you at any time by simply logging in. Accordingly, your membership will continue and the services will remain available whether you provide affirmative consent to receive emails or not.
In the event that Experian is unable to deliver email messages to you, you agree to accept Service notifications in an alternative method, such as direct mail or SMS messages, if available in your Service. If available in your Service, we strongly encourage you to select SMS messaging as an alternative method of receiving notifications and alerts. You may select this method by accessing your member homepage online and changing your Alert Settings. If you opt in to receive SMS messages, you agree to receive SMS messages from or on behalf of Experian to the mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such SMS messages. You further acknowledge and agree that the SMS messages may be sent using an automatic telephone dialing system (“ATDS” or “autodialer”) and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our SMS messages are sent using ATDS. Please note that standard message and data rates may apply. You may unsubscribe from receiving SMS messages directly via SMS by replying “STOP” and may be able to do so through your member homepage online by changing your Alert settings. You consent that following such a request to unsubscribe, you may receive one ﬁnal SMS message from Experian conﬁrming your request.
The Services may offer features and services that are available to you via our mobile applications or mobile websites, if applicable. Standard messaging, data and other fees may be charged by your carrier. By using the mobile features, you agree to be bound by the terms of this Agreement and further agree that we may bill your carrier (if applicable) for any Services you authorize. You may also purchase services via mobile applications of third parties. Any third-party mobile application purchases shall be governed by the purchase terms and conditions of the third party from which you are purchasing services. You also agree that we may send communications to your mobile device and collect information from your device.
In the event that you 1) fail to complete authentication after being routed through our manual authentication process; or 2) fail to update your email address on file with Experian; or, if applicable 3) fail to provide your affirmative consent to receive email from us, and thus Experian is unable to deliver email messages to you, you nonetheless understand and agree that any paid Service will be fulfilled at the price agreed upon at the time that you placed your order or enrolled in the Service.
3. PRIVACY AND INFORMATION SHARING
In consideration of your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or requested to do so by Experian. If any information you provide is untrue, inaccurate or not current, or if Experian has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Experian, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. Experian may, in its sole discretion, retain any information you provide to it about yourself or any minor child you are enrolling, when enrolling in any Service (including any applicable credit card or payment information or other information obtained in connection with the provision of any Service) to assess the validity and accuracy of such information and to verify your or your minor children’s identity. If Experian does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time.
4. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
2. OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER EXPERIAN NOR ITS AFFILIATES OR ANY THIRD-PARTY SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE 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 ACCURATE, ERROR-FREE, COMPLETE, CURRENT, AND/OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. IN ADDITION, EXPERIAN AND ITS AFFILIATES AND OUR THIRD-PARTY SERVICE PROVIDERS OR SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATIONAL CONTENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. THEREFORE, YOU AGREE THAT YOUR ACCESS TO, AND USE OF, OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND/OR CONTENT ARE AT YOUR OWN RISK. BY USING OUR SERVICES AND OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER EXPERIAN 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 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 OR MALWARE WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES, INCLUDING, TO THE EXTENT PERMITTED BY LAW, RIGHTS OF PRIVACY.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
5. We are not a credit repair organization, or similarly regulated organization under other applicable laws, and do not provide credit repair advice. In this regard, Experian is not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Service and Websites (or any content in the Websites) in order to do so. Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of your credit score monitoring product but is provided free of charge to all consumers, regardless of whether they are members of the credit score monitoring product.
6. Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
7. If you use the SSN Trace services, you represent and warrant to us that you will use such services (or any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.
5. LIMITATION OF LIABILITY
1. SUBJECT TO SECTION 4 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES AND AFFILIATES, AND OUR THIRD-PARTY SERVICE PROVIDERS OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR:
1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
1. ANY USE OR INABILITY TO USE THE SERVICES;
2. ANY PRODUCTS, SERVICES, DATA, STATEMENTS OR INFORMATION OBTAINED FROM OR THROUGH EXPERIAN, THE WEBSITES, OR THE SERVICES;
3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES OR SITE;
4. ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
5. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
6. YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
7. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
3. THE LIMITATIONS ON OUR LIABILITY TO YOU IN SECTION 5 ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
6. PAYMENT AND BILLING
In the event that we bill you directly (that is, you are not billed by one of our third-party service providers), you agree that you will make any required payments to us on a timely basis on a monthly or annual basis (as determined by you when you enroll). You authorize us to bill your credit card or other account that you have designated, unless you tell us in advance to cancel your order. In the case of direct payment, you authorize us to: (1) charge your credit card, (2) automatically charge your credit card on a monthly or annual basis for your recurring monthly or annual renewals, as the case may be, and (3) obtain automatic updates for any expiring credit cards you have provided Experian. Monthly or annual fees and renewal fees will be billed at the rate agreed to upon purchase. At cancellation, your Experian account will be de-activated and you will no longer be able to log into our Site and/or have any access to the Services. Except in the case of annual subscription commitments you have agreed to, which shall be nonrefundable, as permitted by law, if you cancel, you agree that fees for the first month of Service and any start-up costs associated with setting up your account (“Start-up Costs”) shall be nonrefundable, as permitted by law. With the exception of any subscription commitments agreed by you, if you paid fees in advance for any period longer than one month, then you may, with the exception of fees for the first month of Service and any Start-up Costs, obtain a refund on a pro rata basis for the period remaining after you cancel.
7. UNSOLICITED IDEA SUBMISSION POLICY
When you provide us with comments, suggestions, or ideas (collectively, “Feedback”), such Feedback is not considered confidential and becomes the property of Experian. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose without compensation to you.
We will assert and retain full ownership of all of your Feedback and any intellectual property rights or other proprietary rights associated with your Feedback. You understand and acknowledge that you are solely responsible for any Feedback you contribute or provide, and you, not Experian, have full responsibility for such Feedback, including, without limitation, its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Feedback you provide us. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Feedback.
8. INTERNATIONAL USE
You agree to follow all applicable U.S., international (to the extent compatible with U.S.), and local laws, regulations, and rules (“Applicable Laws”) relating to the Internet, data, email, and privacy. Specifically, you agree to follow all Applicable Laws that relate to privacy rights, intellectual property rights, financial and trade sanctions/restrictions/embargoes, and the import/export of information.
You acknowledge that the Services and software underlying such Services are subject to the U.S. Export Administration Regulations and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to any place, entity, or end user not permitted by law. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. and other applicable law.
Unless otherwise specified, the Services made available through the Websites are intended for use by U.S. consumers only. We control and operate the Services from the U.S. and we make no representations or warranties that the information, products or services provided through the Services or the Websites are appropriate for access or use in other jurisdictions. Those who access or use the Services or the Websites from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable U.S. and local laws and regulations, including but not limited to export and import regulations. Notwithstanding the above, we reserve the right to limit the availability of the Services or the provision of any Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
9. 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. To request your free annual report under the FCRA, you must go towww.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) 322-8228 or by using the mail request form available at the central source Website.
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. For Illinois residents, credit reporting agencies are required by law to give you a copy of your credit record upon request at no charge or for a nominal fee. Otherwise, a consumer credit 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 ANY OF THE CREDIT BUREAUS IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact such entities as follows:
Experian: 1-800-EXPERIAN (1-888-397-3742)
10. APPLICABLE LAW
We perform the Services through our corporate headquarters located in the State of Texas. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Texas, regardless of Texas conflict of laws. Subject to Section 11 below (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Travis County, Texas for any dispute or litigation arising out of, relating to, or the use or purchase of Services from Experian.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CALLING EXPERIAN CUSTOMER SERVICE DEPARTMENT AT 1-855-962-6943. IN THE UNLIKELY EVENT THAT EXPERIAN CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION (OR IF EXPERIAN 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. EXPERIAN WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND EXPERIAN WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) Experian and you agree to arbitrate all disputes and claims between us arising out of or relating to this Agreement to the maximum extent permitted by law, 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 any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to “Experian,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates (including, without limitation, our service providers), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Experian 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 Experian 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 Experian (“Demand”). If Experian and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Experian may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Experian or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Experian is entitled.
You may obtain more information about arbitration from www.adr.org.
(c) After Experian 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, Experian 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. The AAA Rules may change from time to time, and you should review them periodically.
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. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless Experian 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, Experian 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 Experian 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 EXPERIAN 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 Experian 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 to the maximum extent permitted by law. 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 the entirety of this paragraph is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this paragraph is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of this paragraph enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration as permitted by law.
13. MEMBERSHIP ENROLLMENT
In order to become a member of the Service, 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 U.S. Social Security number, (iv) have and provide a valid land address within the United States; and (v) provide a valid email address. In other limited circumstances, you may need to provide a valid telephone number in order for Experian to process your order. You will also be required to provide valid credit card information, unless you are redeeming your membership through the use of an activation/promotional code (the validity of which and your eligibility for which is entirely at the discretion of the party that offered or provided it to you). For certain Services and/or channels where Services are offered, we reserve the right to accept or decline some forms of payment, including, but not limited to “pre-paid” or “re-loadable” credit/debit cards.
One feature of the Services is credit monitoring. Your order is conditioned upon successful enrollment in Experian’s credit monitoring program. If Experian is not able to enroll you in its credit monitoring program, your order will not be processed and/or will be cancelled.
If you enroll in a service that includes credit monitoring only from Experian Credit Bureau, we request only Experian Credit Bureau to enroll you in its credit monitoring program. In the event that you enroll in a service that includes three bureau credit monitoring (monitoring credit files at three credit bureaus), Experian Credit Bureau, and/or TransUnion® and/or Equifax®, and one or more of the credit bureaus are able to enroll you in their credit monitoring program, credit monitoring will be provided by the bureau or bureaus that were able to enroll you. You will not receive alerts or monitoring of changes to the credit files of the bureau or bureaus that were not able to enroll you in their credit monitoring program. While we will attempt to enroll you in monitoring at all three bureaus, we do not control the enrollment process for the credit bureaus and we are not responsible for your enrollment at any of the three bureaus. We will notify you in the event that fewer than all three credit bureaus enroll you in credit monitoring. However, you will not receive a price reduction, discount or refund if you are enrolled in fewer than all three credit bureaus.
14. YOUR PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately. EXPERIAN WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
15. TERMINATION OF RELATIONSHIP
2. If you want to terminate your legal agreement with us, you may do so, with or without cause, by (a) notifying us at any time and (b) closing your accounts for all of the Services which you use, where we have made this option available to you. Please contact us to close your account.
3. We may at any time terminate our legal agreement with you with or without cause (and for any or no reason). We may also terminate our legal agreement with you if, among other reasons:
2. we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
3. the provision of the Services to you by us is, in our opinion, no longer commercially viable.
4. If we terminate your Service without cause, Experian will refund to you a pro rata portion of any fees already paid directly to Experian for the Services that have yet to be provided. If this Agreement has not been terminated, it shall continue indefinitely, and you shall pay the corresponding fees for the Services. When this Agreement terminates, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time while the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this termination and/or cessation, and the provisions of Sections 4-7, 10-12, 15 & 24, inclusive, shall continue to apply to such rights, obligations and liabilities indefinitely.
16. PASSWORD MANAGER, SAFE BROWSER, AND SECURE VPN
(Applicable only if Password Manager, Safe Browser, and/or Secure VPN are available to you in your Service)
1. The Password Manager is a digital identity management service that gives you the ability to save your passwords, credentials, frequently visited websites and favorite websites by storing all passwords, notes and form-filling data. Your passwords will be encrypted on your device using a master password that only you know. You only need to remember this master password to open your Password Manager and decrypt your encrypted passwords on your device. After being encrypted on your device your passwords will be sent to Anonyome Labs (or a third-party vendor) in an encrypted format through a secure connection for storage in order to enable synchronization with your other devices. Experian never stores your master password on any server so your passwords cannot be retrieved by anyone but you.
2. If you decide to use the Services, you will have access to the following features: When the Password Manager is open it will automatically detect passwords while you browse and give you the option to encrypt and save them to your Password Manager Vault. You can decide to turn off this feature at any time in the settings section of the Password Manager. When the Password Manager is open it will prompt you with an auto-fill option on the web pages you are visiting. If you choose to, you can select the recommended username and password of the online accounts you have stored in Password Manager for that web page and will automatically log you in. You can also store credit card numbers and bank account numbers in the Password Manager Vault. The entries will be encrypted with your master password and only accessible by you. In accordance with Section 14, you are responsible for ensuring the confidentiality of your master password. By using Password Manager you acknowledge and agree that Experian is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your master password, or otherwise.
3. By downloading the Password Manager, Safe Browser, and/or Secure VPN, you understand and expressly agree that the Password Manager, Safe Browser, and/or Secure VPN logo (button) will be installed and will appear on your browser or your mobile operating system in order to quickly access the Password Manager, Safe Browser, and/or Secure VPN. These and other Services may not be available at all times. These services require Experian and third parties, including its service providers (including cloud service providers), access to your sensitive internet browsing history and information. While encryption is an added layer of security, encrypted traffic can be intercepted and decrypted/cracked with various infiltration tools and methods. Moreover, any information you willingly share with a third party or website may be unencrypted and therefore readable to said third party or website. By downloading the Password Manager, Safe Browser, and/or Secure VPN, you agree to accept all risks relating to any transmission of information to Experian or third parties, including its service providers over the internet.
4. The following general activities are expressly prohibited when using Secure VPN or in connection with any email transmitted or received via Secure VPN or Safe Browser:
a. “Phishing,” that is, simulating communications from Experian and/or the Website or other service of another entity to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service.
b. “Pharming,” that is, using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity to collect identity information, authentication credentials, or other information from users of that entity’s service.
c. Furnishing false or incorrect data on the signup form.
d. Falsifying header information or user identification information.
e. Sending unsolicited (“opt-out”) bulk email. Users sending bulk email using the Services may only engage in such activity using “closed-loop opt-in” lists. Such users who send bulk email through “closed-loop opt-in” lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email.
f. Sending or collecting responses from mass unsolicited email messages.
g. Deliberately sending excessively large attachments to one or more email recipients.
h. Transmitting unsolicited commercial email messages.
i. Maintaining an open mail relay and/or an open proxy.
j. Collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose.
k.Using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment.
l. Using email to disrupt (e.g., mail bombing, “flashing,” etc.).
m. Originating email with falsified or obscured information (e.g., encoded or obfuscated URLs) designed to hinder identification of the location of what is advertised.
n. Originating chain letters, pyramid schemes, and hoaxes.
o. Using another party’s email server to relay email without express permission from such other party.
p. Using the VPN product to collect replies to messages sent from another provider that violate these rules or those of the other provider.
q. Using the VPN product services in connection with or in support of the running of a mail server without a license to run such a server in any jurisdiction where such license is required.
r. Using the VPN product in any way that violates applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
17. MEDICAL IDENTITY ALERTS
(Applicable only if Medical Identity Alerts is available in your Service)
1. The applicable Service is designed to provide a platform that enables you to collect and share your personal health data.
18. FINANCIAL TRANSACTION MONITORING
(Applicable only if Financial Transaction Monitoring is available in your Service)
1. Consent to Access and Store Account Data. To use the Financial Transaction Monitoring Service, you will be asked to provide account or user credentials (“Account Credentials”) for eligible accounts at participating financial institutions (“Linked Accounts’). You understand and agree that Experian and its service providers, including Finicity Corporation, and others used to obtain your account information, may use your Account Credentials to access, use, and store your financial account data, including financial transaction data, from Linked Accounts (“Consumer Consent Transaction Data”) for the purpose of facilitating the operation of, and improvements to this and other services, and other uses for which you grant permission, including quality assurance and auditing, and as otherwise provided in these Terms and Conditions in connection with Linked Accounts. Please note that Financial Transaction Monitoring may not be available for all of your accounts, and we reserve the right to add, remove, or modify any types of monitored transactions or accounts at any time.
2. Accurate and Current Account Credentials. You are responsible for ensuring that your Account Credentials are accurate and up to date. If we lose connectivity to your Linked Accounts for any reason, including incorrect account credentials, you understand that Experian will not be able to monitor and provide alerts for such accounts. The scope and type of alerts provided through Financial Transaction Monitoring may vary based on the participating financial institution or account type.
3. Analytical Data. In order to operate and improve the Financial Transaction Monitoring service (or other Services using information from Linked Accounts), and for other related research purposes, Experian may compile data concerning your financial transactions. This complied data may be used by Experian and its respective service providers to conduct certain analytical research, performance tracking benchmarking, and analytics.
19. ABOUT VANTAGESCORE®
(Applicable only if VantageScore is available in your Service)
VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you’ll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.
There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don’t be surprised if your lender gives you a score that’s different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender’s score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
20. ABOUT FICO®
(Applicable only if FICO® Scores are available in your Service)
FICO® Scores are developed by Fair Isaac Corporation. The FICO® Score provided by Experian through applicable Services is based on FICO® Score 8, unless otherwise noted. Many but not all lenders use FICO® Score 8.
In addition to the FICO® Score 8, we may offer and provide other base or industry-specific FICO® Scores (such as FICO® Auto Scores and FICO® Bankcard Scores). The other FICO® Scores made available are calculated from versions of the base and industry-specific FICO® Score models. There are many different credit scoring models that can give a different assessment of your credit rating and relative risk (risk of default) for the same credit report. Your lender or insurer may use a different FICO® Score than FICO® Score 8 or such other base or industry-specific FICO® Score, or another type of credit score altogether. Just remember that your credit rating is often the same even if the number is not.
For some consumers, however, the credit rating of FICO® Score 8 (or other FICO® Score) could vary from the score used by your lender. The statement that “90% of top lenders use FICO® Scores” is based on a third-party study of all versions of FICO® Scores sold to lenders, including but not limited to scores based on FICO® Score 8. Base FICO® Scores (including the FICO® Score 8) range from 300 to 850. Industry-specific FICO® Scores range from 250-900. Higher scores represent a greater likelihood that you’ll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower FICO® Score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies — the Experian® credit bureau, TransUnion® and Equifax® — that maintain a record of your credit history known as your credit report. Your FICO® Score is based on the information in your credit report at the time it is requested. Your credit report information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your FICO® Score can vary if the information they have on file for you is different. Since the information in your report can change over time, your FICO® Score may also change.
21. EXPERIAN CREDITLOCK
(Applicable only if Experian CreditLock is available in your Service)
Scheduled Lock (Applicable only if available in your Service). If made available in your Service, you may schedule a single instance of a future lock (or unlock) of your Experian credit report within certain specified timeframes on a specific date. The timing of a scheduled lock (or unlock) is determined by when you make your request. For example, if you schedule a future lock in twenty-four (24) hours, our systems will attempt to place such lock on your Experian credit report twenty-four (24) hours from the time of your request. If we encounter any issues attempting to place your scheduled lock (or unlock), please note that our systems may re-attempt your request within a set timeframe (generally within three (3) hours after you requested the lock or unlock to be placed) before notifying you of a failure to place your scheduled lock (or unlock).
22. EXPERIAN CREDIT FREEZE
If you are requesting a security freeze be placed on your Experian credit report, you are requesting to restrict access to your Experian credit report by third parties. Experian Security Freeze will restrict access to your Experian credit report only and will not apply to your TransUnion or Equifax credit report. To place a security freeze on your Equifax or TransUnion credit report, you will need to contact those bureaus directly.
During certain transactions with Experian or third parties, you may be given an opportunity to temporarily lift a freeze on your Experian credit report (after you successfully complete an authentication process), whereby the existing freeze on your Experian Credit Bureau credit report will be lifted temporarily and then automatically restored after a specified amount of time or specified condition is satisfied in order to allow access to your credit report that would otherwise not be permitted with the freeze in place (a “Temporary Freeze Lift”). By authorizing a Temporary Freeze Lift, you do so at your sole discretion and with the understanding that your credit report will be accessible during the Temporary Freeze Lift as it ordinarily would be without a freeze in place, and you acknowledge receipt of Experian’s disclosures related to Experian Security Freeze. Such Temporarily Freeze Lifts are provided for your convenience and may be subject to the terms and conditions of third parties you are engaging with, for example, as part of an application for a credit opportunity with a partner. For more information about security freezes, including how to place or lift a freeze, who can access your frozen credit report, and additional disclosures, please visit https://www.experian.com/freeze/center.html and https://www.experian.com/blogs/ask-experian/credit-education/preventing-fraud/security-freeze/.
A security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent; however, using a security freeze may delay, interfere with, or prohibit the timely approval of any subsequent requests or applications regarding a new loan, credit, mortgage, insurance, government services or payments, rental housing, employment, investment, license, cellular phone, utilities, digital signature, Internet credit card transaction, or other services, including an extension of credit at point of sale. A security freeze does not prevent certain allowable information requests. View your rights.
23. SPECIAL NOTE FOR EMPLOYER-PROVIDED BENEFITS PROGRAMS
(Applicable only if you enrolled in the Services using an employer-provided benefits program)
Please note that if you enrolled in these Services using an employer-provided benefits program or other third party promotion, you understand and agree that you may be charged for the Services using a payroll deduction process managed by your employer. Please contact your employer with any questions regarding your payroll deduction process or your eligibility for use of the Services. You further understand and agree that the Services may be terminated at any time if you are deemed ineligible for the Services by your employer. Such eligibility determination may be made by your employer in its sole discretion, which may include, without limitation, ineligibility for continued use of the Services due to voluntary or involuntary termination of your employment. If you modify your benefits election, such as electing a different price and bundle offered by your employer, please note that delivery of your Services may be modified accordingly.
24. DIGITAL FINANCIAL MANAGEMENT
(Applicable only if Digital Financial Management is available in your Service)
2. Accurate and Current Account Credentials. You are responsible for ensuring that your Account Credentials are complete, accurate, authentic, secure, and up to date. If we lose connectivity to your Linked Accounts for any reason, including incorrect account credentials, you understand that Experian will not be able to provide services for such accounts. The scope and type of services provided through Digital Financial Management may vary based on the participating financial institution or account type.
4. Content You Provide. Your use of the Services is your authorization for us and our service providers, as your agent, to access third-party sites which you designate in order to retrieve information. You are licensing to us and our service providers any information, data, Account Credentials, personally identifiable information or other content you provide through the Services. You authorize us and our service providers to use any information, data, Account Credentials, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Services, to offer products and the Services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
6. Third-Party Accounts. With respect to any third-party sites or accounts we may enable you to access through the Services or with respect to any non-Experian accounts you access with or link with the Services, you agree to the following:
You are responsible for all fees charged by the third party in connection with any non-Experian accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this Agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non-Experian account, you agree to direct these to the account provider.
Any links to third-party sites that we may provide are for your convenience only, and Experian and our service providers do not sponsor or endorse those sites. Any third-party services, which you may be able to access through the Services, are services of the listed institutions. Neither we nor our service providers have responsibility for any transactions and inquiries you initiate at third-party sites. The third-party sites you select are solely responsible for their services to you. We and our service providers are not liable for any damages, costs or losses of any type arising out of or in any way connected with your use of the services of those third-party sites. You agree that your access to third-party sites is entirely at your own risk and subject to the third-party sites’ terms and conditions.
8. Disclaimer. The Services are not intended to provide and do not constitute legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither we nor our service providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. We and our third-party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, we and our third-party providers are not responsible for any credit, insurance, employment, investment or other financial decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. Experian and its third-party providers do not warrant that the Services comply with the requirements of FINRA or those of any other organization.
1. The Identity Theft Insurance, if available in your service, is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company. Please refer to the actual policies for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions.
3. We are not responsible for delay or failure to perform due to causes beyond our reasonable control.
5. You may not use, frame or utilize framing techniques to enclose any Experian trademark, service mark, logo or other proprietary information, including the images found at the Websites, the content of any text or the layout/design of any page or form contained on a page without Experian’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Experian or any third party.
6. The Websites contain many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Experian, its affiliates, and its partners, including but not limited to, the marks “Experian,” “CSID,” “CyberAgent,” “Protector,” “IDnotify,” “CreditCenter,” “My Financial Expert,” “Password Manager,” “Safe Browser,” “Secure VPN,” “VantageScore,” “FICO” and others. Experian and the Experian product names referenced throughout the Websites are either trademarks, service marks or registered trademarks of Experian, its affiliates, or its third party service providers or partners. Any unauthorized use of same is strictly prohibited and all rights in same are reserved. No use of any Experian trademark may be made by any third party without express written consent of Experian. Other products and company names mentioned in the Websites may be the trademarks of their respective owners.
7. No part of the Websites may be reproduced, modified, or distributed in any form or manner without the prior written permission of Experian.
8. The images, text, screens, web pages, materials, data, content, other information, and technology (“Content”) used and displayed on the Websites or for the Services are the property of Experian or its third-party service providers, suppliers, or partners and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Content within the Websites, Experian owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content and overall look and feel of the Services and Websites. You may copy the Content from a Website 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 Experian or the owner of the Content.
9. Except as otherwise provided, we may send any notices to you to the most recent email address you have provided to us or, if you have not provided an email address, to any email or postal address that we believe is your address. As discussed herein, you are obligated to keep your account and contact information up to date.
10. To the extent each of the following is applicable to your available services, you may not use the Services in a way that:
a. Sublicenses or otherwise allows an API or service of Experian or an Experian partner to be used by a third party.
b. Violates any international, federal, state, or local law, treaty, tariff, rule or regulation, sanction, or any order of a court (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
c. Violates the privacy of others.
d. Engages in any other activities that: (1) are fraudulent, tortious, libellous, defamatory, or otherwise determined to be unlawful or objectionable by Experian or its service providers; (2) deceive, mislead, or confuse others, including, without limitation, phishing, or pharming; (3) originate chain letters, pyramid schemes or hoaxes; (4) harm or exploit minors in any way; (5) stalk, or promote discrimination, hatred, harassment, or harm against any individual or group; or (6) are abusive, violent, or threatening.
e. Creates liability for us or our service providers or causes us to lose the services of our service providers;
f. Violates the legal rights of others, including violations of the United States Digital Millennium Copyright Act (“DCMA”), any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
g. Violates the acceptable use policies of any networks, machines or services, or other third party websites, accounts, or services that are accessed through the Services.
h. Involves deceptive marketing practices including, without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes.
i. Attempts to bypass or break security mechanisms that pose a risk to the Services or other users of the Services.
j. Attempts to bypass service limits, such as bandwidth consumed, number of API requests, configured users in the Services or other excessive use of resources, including by programmatic or automated means or macros.
k. Shares or re-sells your entitlements to use the Services with other users.
l. Attempts to decompile, disassemble or reverse-engineer the services to find source code, trade secrets, limitations, vulnerabilities, or evade filtering capabilities.
m. Amounts to an unauthorized use or sabotage of any computers, machines, or networks.
n. Transmits any material that contains viruses, trojan horses, worms, or any other malicious, harmful, or deleterious programs.
o. Scans the networks of the Services or other networks for vulnerabilities without written prior authorization.
p. Executes any form of network monitoring (e.g., using a packet sniffer) or otherwise engages in any monitoring or interception of data not intended for you without authorization.
q. Involves launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
r. Attempts to interfere with or deny service to any user or host.
s. Otherwise provides information about, encourages, facilitates, or assists any third party in doing any of the foregoing activities.