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 PG, You agree to be bound by these Terms.
1. SERVICE - (a) PG 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 PG service; a copy of your personal VantageScore® 3.0 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 PG 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 PG.
2. WHO MAY USE; RESTRICTIONS ON USE - (a) The PG service is non-transferable. You agree that You will use PG only for your own behalf and You will be the end user of the information provided by PG. 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") and CSIdentity Corporation ("CSID") 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 PG "AS IS." NEITHER TRILEGIANT, CIC AND CSID, 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 AND CSID, 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 SERVICE. NEITHER TRILEGIANT, CIC AND CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE PG SERVICE OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE PG SERVICE. NEITHER TRILEGIANT, CIC AND CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR INFORMATION OR SERVICE SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION YOU RECEIVE IN CONNECTION WITH THE PG 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. 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 - 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, CIC and/or CSID, 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, CIC or CSID as well as their respective corporate affiliates. You agree that, by entering into this Agreement, You, Trilegiant, CIC and CSID 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, CIC AND/OR CSID, 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 PG.
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 firstname.lastname@example.org, 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 PG 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 PG 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 PG, or by receiving one or more of the PG benefits, You agree to the terms and conditions of this Agreement and agree that any and all disclosures and communications from Trilegiant regarding PG 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 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 enroll 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. Your continued enrollment in the PG service will constitute Your consent to amendments to the PG Terms and Conditions.
10. VANTAGESCORE 3.0 DISCLOSURE - 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.
1If You do not access a copy of your credit report and VantageScore® 3.0 credit score through the PG website within 7 days of your enrollment in PG, a copy of your credit report and VantageScore® 3.0 credit score will be sent to You by PG by first-class U.S. Mail.
22Your VantageScore credit score(s) are provided by VantageScore Solutions LLC. The VantageScore model, with scores ranging from 300 to 850, was developed jointly by the three major national credit reporting agencies - Experian®, TransUnion®, and Equifax®. The version of VantageScore provided here is used by some, but not all, lenders. Your score(s) may not be identical or similar to scores received directly from those agencies, from other sources, or from your lender
3Score Tracker displays your VantageScore 3.0 credit score. The VantageScore model, with scores ranging from 300 to 850, was developed jointly by the three major national credit reporting agencies - Experian®, TransUnion®, and Equifax®. The version of VantageScore provided here is used by some, but not all, lenders. Your score(s) may not be identical or similar to scores received directly from those agencies, from other sources, or from your lender.
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