PrivacyGuard

Customer Service

AGREEMENT ("Agreement") made between Trilegiant Corporation ("Trilegiant"), a Delaware corporation with offices at 100 Connecticut Avenue, Norwalk, CT 06850, providing a service called PrivacyGuard ("PG") and you, the end user of this service.

WITNESSETH:
1. SERVICE –(a) The PG service will enable you to access a copy of your credit report from the major credit bureaus, a copy of your state motor vehicle record, a copy of your Social Security record, a copy of your Medical Information Bureau file should one exist, and forms and toll-free phone numbers to assist you in answering report-related questions.

(b) PG reserves the right to change or modify the terms and conditions of this Agreement at any time and without notice. PG may cancel this Agreement upon written notice and refund of the current term's membership fee.

2. WHO MAY USE – You agree that you will use PG only for your own behalf. You will be responsible for all use of your membership number and must notify PG immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number.

3. LIABILITY – NEITHER TRILEGIANT NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF YOUR PERSONAL CREDIT REPORT OR YOUR CREDIT ALERT REPORTS. NEITHER TRILEGIANT NOR ANY OF ITS AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THE REPORTS WHICH YOU RECEIVE. NEITHER TRILEGIANT NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE SERVICES. NEITHER TRILEGIANT NOR ANY OF ITS AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID TRILEGIANT FOR YOUR PG MEMBERSHIP. PG IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION OR EXPIRATION OF THIS AGREEMENT.

4. GOVERNING LAW; ARBITRATION – This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. If there is a dispute between you and Trilegiant, either party may elect to have it resolved by proceeding in small claims court or by final and binding arbitration administered by the National Arbitration Forum, or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.

5. MEMBERSHIP FEE – Your membership fee will be billed to the credit or debit card account you designated when you enrolled in the PG program, in accordance with the billing terms furnished to you upon your enrollment in the PG program.

6. RENEWALS – Unless you notify PG that you do not wish to renew your membership, PG will automatically renew your membership at the end of each term and bill the then-current renewal fee to the credit or debit card account designated by you when you joined the PG program.

7. RIGHT TO CANCEL MEMBERSHIP – You have the right to terminate this Agreement at any time. You may cancel this Agreement by calling 1-877-202-8828 or writing to PrivacyGuard, P.O. Box 41249, Nashville, TN 37204-1249, Attention: Membership Department. If you cancel this Agreement during your trial period, you will not owe any annual membership fee. If you discontinue your membership at any time after the trial period, you can receive a refund for the unused portion of the current year's membership fee. You will remain liable for any other fees or charges to be paid pursuant to this Agreement.

8. ELECTRONIC COMMUNICATIONS – Trilegiant, at its option, may communicate with you regarding the PG service by mail, by telephone or by electronic communications. Trilegiant may communicate with you electronically by means of electronic mail to the email address you provide when you sign up for the PG service and/or by postings to the PG service website. Trilegiant may communicate electronically to you the following types of communications: PG Terms and Conditions (including any amendments thereto), notices or disclosures regarding the PG service, payment and billing authorizations, and other matters relating to your use of the PG service.

You may contact Trilegiant at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may request a paper copy of the terms of the payment authorization, and Trilegiant may charge you a fee to provide such paper copy. You may contact Trilegiant at the same telephone number or email address listed above to update your contact information or to withdraw your consent to receive electronic communications. Trilegiant reserves the right to terminate your use of the PG service if you decline or withdraw your consent to receive electronic communications from Trilegiant.

You will need the following software and hardware to access electronic communications sent to you by Trilegiant as part of your PG membership: IBM or MAC compatible computer, Internet access, a working email address, and an Internet Browser (Internet Explorer version 5.2 or a later version). To retain copies of electronic communications, you must print a copy using a printer attached to your computer, or save an electronic copy to your computer's disk or other storage device.

All PrivacyGuard services and benefits are provided by Trilegiant Corporation. Trilegiant Corporation may modify or improve any part of the service at any time and without prior notice. PrivacyGuard and Credit Alert are registered service marks of Affinion Publishing, LLC.