These terms ("Terms" or "Agreement") shall constitute the agreement between Trilegiant Corporation ("we," "us," or "Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, providing a service called PrivacyGuard ("PG"), and you ("You"), the end user of this service. PrivacyGuard, together with any and all other services or products offered hereunder, shall be referred to as "PG". By enrolling in PrivacyGuard, You agree to be bound by these Terms.
1. SERVICE - (a) Trilegiant together with Trilegiant Insurance Services, Inc. ("TIS"), shall provide PG through Alliance Marketing Association ("AMA"). By enrolling in PG, you are automatically admitted as a member of AMA. Depending on the specific version of PG in which you have enrolled, you will receive one or more of the following benefits: a copy of your credit report comprised of information from the three major credit reporting agencies1; a copy of your personal CreditXpert® credit scores2; Credit Score Alert notifications3; Credit Alert® daily monitoring from all three major credit reporting agencies4; forms and toll-free phone numbers to assist you in answering credit report-related questions; a copy of your property's Neighborhood Report if available for your area; computer security software5; identity theft insurance coverage6; credit card registration; important document registration; a copy of your state motor vehicle record; a copy of your Medical Information Bureau file should one exist; and forms and toll-free phone numbers to assist you in answering product and resolution-related questions. (b) Trilegiant reserves the right to change or modify the terms and conditions of this Agreement at any time and without notice. Trilegiant may cancel this Agreement upon written notice and refund of the current term's membership fee unless the reason for such cancellation is your failure to pay or your misuse of PG.
2. WHO MAY USE; RESTRICTIONS ON USE - (a) 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 Trilegiant immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. (b) You understand that by enrolling in the PG service, you are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for Trilegiant and its service providers which may include ConsumerInfo.com, Inc. ("CIC") to obtain information from your personal credit profile from Experian, Equifax, and TransUnion, the three major credit reporting agencies. You authorize Trilegiant and its service providers to use your social security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products.
3. LIABILITY - NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR INFORMATION OR SERVICE SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE PG SERVICES. NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE 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, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR INFORMATION OR SERVICE SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY OF THE SERVICES. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ALL INSTANCES AND IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID US FOR YOUR 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. MISUSE OF PRIVACYGUARD OR INFORMATION - You agree to take appropriate measures so as to protect against the misuse of PG. You agree that Trilegiant may, if it is concerned about your use, temporarily suspend your access for up to ten (10) business days pending an investigation of use. You agree to cooperate fully with any and all investigations. If misuse is confirmed through investigation, Trilegiant may immediately terminate this Agreement.
5. SECURITY EVENT - In the event that You learn or have reason to believe that Trilegiant data has been disclosed or accessed by an unauthorized party, You will immediately give notice of such event to Trilegiant.
6. AUDIT - You understand and agree that in order to ensure compliance with applicable laws, Trilegiant will conduct periodic reviews of your activity and may, on a random basis, contact You to review completed searches. You agree to reasonably cooperate with any and all such reviews. Violations discovered in any review by Trilegiant will be subject to immediate action including, but not limited to, termination of this Agreement.
7. INDEMNIFICATION - You agree to indemnify and hold Trilegiant, TIS, AMA, CIC, their Subcontractors, and their respective parents, subsidiaries, affiliates, officers, directors, and employees harmless from any claim, damage, demand, expense, liability, or loss, including reasonable attorneys' fees, incurred by such party arising out of or relating to your unauthorized use of the PG service or your violation of these Terms. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
8. GOVERNING LAW - 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. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
9. ARBITRATION - You, on the one hand, and Trilegiant and/or CIC, on the other, agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims by You against Trilegiant or CIC as well as their respective corporate affiliates. You agree that, by entering into this Agreement, You, Trilegiant and CIC are each waiving the right to a trial by jury or to participate in a class action. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for your arbitration fees and costs in excess of $125. The arbitrator may award declaratory or 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. YOU, ON THE ONE HAND, AND TRILEGIANT AND/OR CIC, ON THE OTHER, 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 Trilegiant 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. If the specific provision in the preceding sentence is found to be unenforceable then the entirety of this arbitration provision in this Section 5 shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 5 shall survive any termination, cancellation or expiration of this Agreement.
10. MEMBERSHIP FEE - For your convenience, your membership fee will be automatically billed to the credit or debit card account (or to the related checking account) you designated when you enrolled in PG (designated the billing source),in accordance with the billing terms furnished to you upon your enrollment in PG.
11. RENEWALS - Unless You notify Trilegiant that You do not wish to renew your membership, we will automatically renew your membership at the end of each month and bill the renewal fee to your designated billing source. You will be notified of any price increase and may cancel your membership if You do not want to continue to be billed at the new price.
12. RIGHT TO CANCEL MEMBERSHIP - (a) You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-800-374-8273, writing to PrivacyGuard, P.O. Box 41249, Nashville, TN 37204-1249, Attention: Membership Department, emailing email@example.com, or clicking the cancel link on the My Account page. If you cancel this Agreement during your 14-day trial, you will owe nothing further. If you cancel this Agreement at any time thereafter, you will owe nothing further. You will remain liable for any other fees or charges to be paid pursuant to this Agreement. (b) The insurance coverage that is included within this membership requires that the membership fee be paid when due. If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Agreement in which event you will no longer have access to any of the PG benefits, including your insurance benefits. If terminated, no further insurance coverage will be provided to you. In addition to Trilegiant's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the PG benefits, including your insurance benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
13. ELECTRONIC COMMUNICATIONS - Trilegiant, at its option, may communicate with You regarding the PG service by mail, by telephone (including text messages) 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 PrivacyGuard service, payment and billing authorizations, and other matters relating to your use of the PG service. You may contact Trilegiant by telephone at 1-800-374-8273 or by writing to Trilegiant at P.O. Box 41249, Nashville, TN 37204-1249, to request another paper or electronic copy of an electronic communication without a fee. You may contact Trilegiant at the same telephone number listed above or by email at firstname.lastname@example.org 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.
14. AGREEMENT ENTIRETY - This Agreement, as may be amended from time to time, sets forth the entire understanding and agreement between Trilegiant and You regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or representations.
1 If You do not access a copy of your credit report and credit score through the PG website within 7 days of your enrollment in PG, a copy of your credit report and CreditXpert® credit score will be sent to you by PG by first-class U.S. Mail.
2 Your CreditXpert® Scores are provided by CreditXpert Inc. Although these scores are not used by lenders to evaluate your credit, they are intended to reflect common credit scoring practices and are designed to help You understand your credit. Your scores are based on information from the files at the three major credit reporting agencies. Your scores may not be identical or similar to scores You receive directly from those agencies or from other sources.
3 Score Tracker displays your Experian Scorex PLUS credit score. Although this score is not used by lenders to evaluate your credit, it is intended to reflect common scoring practices. Your score is calculated using a specific algorithm and is based on information from the files at Experian. Your score may not be similar to scores You receive directly from Experian or from other sources.
4 Daily monitoring will notify You of any new inquiries, certain derogatory information, accounts, public records, or change of address that have been added to your credit reports as reported by any of the three major credit reporting agencies. If no information has been added or changed, then You will receive a quarterly notification stating that no information has changed within your credit file.
5 Browser and System Requirements: PG supports the following operating systems: Microsoft Windows® XP with Service Pack 2 or later Home / Pro / Media Center; Microsoft® Windows Vista® (32-bit and 64-bit) Starter / Home Basic / Home Premium / Business / Ultimate; Microsoft® Windows 7 (32-bit and 64-bit) Starter / Home Basic / Home Premium / Professional / Ultimate. End user's computer must meet or exceed the following requirements: 300 MHz or faster processor, 256 MB of RAM minimum, 300 MB of available hard disk space, standard web browser. The computer security software is available for all Windows PCs but is not currently available for Macintosh computers.
6 Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of Chartis Inc. under group policy # 7077733 for non-New York State Insureds and # 1423212 for New York State Insureds. All exclusions and limitations of the master policy apply. See the Benefit Summary for details regarding such exclusions and limitations. Availability of coverage is subject to underwriting qualifications and state laws and regulations. Coverage is subject to actual policy language.
IMPORTANT NOTICE: YOUR LIABILITY FOR UNAUTHORIZED USE UNDER FEDERAL LAW: For credit cards: If the card issuer has notified You of your maximum potential liability, has provided a means for You to notify the card issuer of credit card loss, and if the credit card contains a means of identifying the cardholder or authorized user, then your liability for unauthorized use of your card before the card issuer is notified is no more than $50.00 on each card. For debit and cash machine (ATM) cards: Your liability for unauthorized use of the card is no more than $50.00 if You notify the card issuer of card loss within two business days after You learn of the card loss. After that, your liability is up to $500.00, provided that the card issuer establishes that the unauthorized charges would not have occurred if You had notified the card issuer within the two business day period. In addition, if You do not notify the card issuer within 60 days after a periodic statement showing unauthorized transfers is sent to You, then You will also be liable for the amount of unauthorized transfers that occurred after the 60-day period and before notice to the card issuer, provided that the card issuer establishes that the unauthorized charges would not have occurred if You had notified the card issuer within the 60-day period.
Your card issuer's liability policy may provide for lesser liability amounts than indicated above. Consult your card issuer's terms and conditions for specific details. The policy of many card issuers is not to hold cardholders liable. Nothing set forth in your membership materials alters any rights or liability You may have under federal or state law with respect to unauthorized or erroneous transactions on your card or bank accounts. You are not required to have this service to maintain your credit, debit or ATM cards.
The federal Fair Credit Billing Act gives You the right to dispute billing errors, such as unauthorized charges, on your credit card by notifying your credit card company in writing within 60 days after the first bill containing the error was sent to You. The credit card company must resolve the dispute within two billing cycles (not to exceed 90 days) after receiving your notification. You may withhold payment on the disputed amount (and related charges) during the investigation. You must pay the amount not in dispute. You will be informed in writing whether your bill is correct or contains an error. If your bill contains an error, it will be corrected.
Trilegiant Corporation, Trilegiant Insurance Services, Inc., Alliance Marketing Association and their credit information subcontractors shall not have any liability for the accuracy of the information contained in the credit reports, credit scores, Credit Alert® reports or other reports which You receive in connection with the PG service, including any liability for damages, direct or indirect, consequential or incidental.
PrivacyGuard is a service of Trilegiant Corporation in conjunction with Trilegiant Insurance Services, Inc and Alliance Marketing Association. Trilegiant Insurance Services, Inc. does not receive any compensation from the sale of the identity theft insurance benefit included as part of the PrivacyGuard service. The PrivacyGuard service may be modified or improved at any time and without prior notice. PrivacyGuard is not available to residents of Rhode Island. PrivacyGuard and Credit Alert are registered service marks of Affinion Publishing, LLC.
© 2013 Trilegiant Corporation