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 ("PrivacyGuard"), 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 "PrivacyGuard". By enrolling in PrivacyGuard, You agree to be bound by these Terms.
1. SERVICE - (a) PrivacyGuard will enable You to access a new credit report1 relating to your credit file from the three major credit reporting agencies every 30 days following the date that You first access your credit report through the PrivacyGuard service; 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; 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. Changes and modifications will be incorporated into the terms and conditions of this Agreement posted on the PrivacyGuard website. 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 PrivacyGuard.
2. WHO MAY USE; RESTRICTIONS ON USE - (a) The PrivacyGuard service is non-transferable. You agree that You will use PrivacyGuard only for your own behalf and You will be the end user of the information provided by PrivacyGuard. 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 PrivacyGuard 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 - YOU ACCEPT ALL INFORMATION RECEIVED THROUGH PrivacyGuard "AS IS." NEITHER TRILEGIANT, 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, OR CREDIT SCORE. NEITHER TRILEGIANT, 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 PrivacyGuard SERVICE. NEITHER TRILEGIANT, 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 PrivacyGuard SERVICE OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE PrivacyGuard SERVICE. NEITHER TRILEGIANT, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR INFORMATION OR SERVICE SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION YOU RECEIVE IN CONNECTION WITH THE PrivacyGuard SERVICE. 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. PrivacyGuard 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 - 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.
5. 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.
6. MEMBERSHIP FEE - For your convenience, your membership fee will be automatically billed to your credit or debit card account (or to the related checking account) (in each case, the designated billing source) authorized at the time of enrollment, in accordance with the billing terms furnished to You upon your enrollment in PrivacyGuard.
7. RENEWALS - Unless You notify Trilegiant that You do not wish to renew your membership, Trilegiant will automatically renew your membership at the end of each month and bill the then-current 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.
8. 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 trial period, 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) 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 PrivacyGuard benefits. 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 PrivacyGuard benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
9. ELECTRONIC COMMUNICATIONS - By enrolling in PrivacyGuard, or by receiving one or more of the PrivacyGuard benefits, You agree to the terms and conditions of this Agreement and agree that any and all disclosures and communications from Trilegiant regarding PrivacyGuard benefits or this Agreement may be made to You electronically in accordance with the notice provisions of this Agreement. Trilegiant, at its option, may communicate with You regarding the PrivacyGuard 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 enroll for the PrivacyGuard service and/or by postings to the PrivacyGuard service website. Trilegiant may communicate electronically to You the following types of communications: PrivacyGuard 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 PrivacyGuard service. Your continued enrollment in the PrivacyGuard service will constitute Your consent to amendments to the PrivacyGuard Terms and Conditions.
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 also request a paper copy of the terms of the payment authorization without a fee. 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 PrivacyGuard 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 PrivacyGuard 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.
1If You do not access a copy of your credit report and CreditXpert® credit score through the PrivacyGuard website within 7 days of your enrollment in PrivacyGuard, a copy of your credit report and CreditXpert® credit score will be sent to You by PrivacyGuard by first-class U.S. Mail.
2Your 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.
3Score 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.
4Daily monitoring will notify you of certain new inquiries and derogatory information, accounts, public records, or change of address that have been added to your credit reports as reported by one of the 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.
PrivacyGuard is a service of Trilegiant Corporation.The PrivacyGuard service may be modified or improved at any time and without prior notice. PrivacyGuard and Credit Alert are registered service marks of Affinion Publishing, LLC.
© 2012 Trilegiant Corporation