These terms ("Terms" or "Agreement") shall constitute the agreement between Trilegiant ("we," "us," or "Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, providing a service called Identity Protect, and you ("You"), the end user of this service. Identity Protect, together with any and all other services or products offered hereunder, shall be referred to as "IP." By enrolling in IP, You agree to be bound by these Terms.
1. SERVICE - (a) Trilegiant, together with Trilegiant Insurance Services, Inc. ("TIS"), shall provide the IP service through Alliance Marketing Association ("AMA"). By enrolling in the IP service, You are automatically admitted as a member of AMA. IP will enable You to access a copy of your credit report* from the three major credit reporting agencies, forms and toll-free phone numbers to assist You in answering credit report-related questions, Credit Alert® single-bureau daily monitoring**, a copy of your VantageScore credit scores. As a member of IP, You will also receive access to an identity fraud support service, virus protection software, personal firewall software, parental control software, and spam filter software§; identity theft insurance§§ 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 and IP at any time without notice, and You agree to comply with such changes or modifications. Trilegiant may cancel this Agreement upon written notice and refund to You the current term's membership fee unless the reason for such cancellation is your failure to pay or your misuse of the IP service. (c) Any or all of the IP benefits are provided by third parties ("Subcontractors"), unaffiliated with us, whose respective terms and conditions will govern to the extent they are not inconsistent with these Terms. (d) Reimbursement requests with respect to the IP product are considered based solely upon written materials received from You. All invoices, receipts, and other documentation must be in writing and are subject to verification.
2. WHO MAY USE; RESTRICTIONS ON USE - (a) The IP service is non-transferable. Accordingly, You agree that You will use IP only for your own behalf and that You will be the end user of the information provided by IP. You further acknowledge and agree that You shall use the Monitoring Benefit solely for the purpose of obtaining a report on your own public records as described herein according to the terms and conditions of this Agreement. Without limiting the foregoing, You agree not to use IP for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et. seq.) or similar state statute. You acknowledge that this Agreement grants You a limited license in exchange for payment of the fees and charges for IP, and You shall not reproduce, retransmit, republish or otherwise transfer for commercial purpose any information that You receive from IP. You agree to limit use and dissemination of information from IP solely to the uses set forth herein. In order to access the information, You will be provided your own membership number. You will be responsible for all use of your membership number and must notify us immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. The IP service may not be used for business or commercial purposes. You acknowledge and understand that Trilegiant will only allow You to access IP if You meet and continue to meet the standards described herein.
(b) You understand that by enrolling in the IP 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 IP "AS IS." NEITHER TRILEGIANT, TIS, AMA, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF YOUR PERSONAL CREDIT REPORT OR YOUR CREDIT ALERT REPORT, IN PROVIDING YOU WITH YOUR MONITORING ALERT REPORT OR FOR ANY DEFECTIVE PRODUCTS PROVIDED TO YOU IN CONNECTION WITH THE IP SERVICE. NEITHER TRILEGIANT, TIS, AMA, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY, COMPLETENESS, CORRECTNESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF IP OR THE COMPONENTS THEREOF, INCLUDING, WITHOUT LIMITATION, THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE IP SERVICE. NEITHER TRILEGIANT, TIS, AMA, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE IP SERVICE OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE IP SERVICE. NEITHER TRILEGIANT, AMA, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE IP 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 MEMBERSHIP. IP 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 IP OR INFORMATION - You agree to take appropriate measures so as to protect against the misuse of IP. 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, AMA, 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 IP 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, 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 9 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 9 shall survive any termination, cancellation or expiration of this Agreement.
10. MEMBERSHIP FEE - For your convenience, at the end of your 30-day risk-free trial period, the $8.95 monthly or the then-current fee, will be automatically deducted from your checking account (or to the related checking account) (designated the billing source), selected at the time of enrollment, unless You call to cancel during your trial.
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 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.
12. RIGHT TO CANCEL MEMBERSHIP - (a) You have the right to terminate this Agreement at any time. You may cancel this Agreement by calling 1-866-392-4075, or writing to Identity Protect, P.O. Box 41249, Nashville, TN 37204-1249, Attention: Membership Department, emailing service@IDPNC.com, or clicking the cancel link on the My Account page. Cancel this Agreement during your 30-day trial, and you will owe nothing more; 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 Identity Protect benefits, including your identity theft insurance benefit. 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 Identity Protect benefits, including your identity theft insurance benefit, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
13. 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.
14. ELECTRONIC COMMUNICATIONS - Trilegiant, at its option, may communicate with You regarding the Identity Protect 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 Identity Protect service and/or by postings to the Identity Protect service website. Trilegiant may communicate electronically to You the following types of communications: Identity Protect Terms and Conditions (including any amendments thereto), notices or disclosures regarding the Identity Protect service, payment and billing authorizations, and other matters relating to your use of the Identity Protect service.
15. 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.
*Neither Trilegiant Corporation , its credit information subcontractors, nor Alliance Marketing Association shall have any liability for the accuracy of the information contained in the credit reports, credit score or monitoring reports which you receive, including any liability for damages, direct or indirect, consequential or incidental. Identity Protect is not a credit counseling service and does not promise to help you obtain a loan or improve your credit record, history or rating.
**Daily 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 their credit file.
***Your 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.
§Identity Protect is available for all Windows PCs but is not currently available for Macintosh computers. Browser and System Requirements: Identity Protect supports the following operating systems but does not support the server versions: Windows 2000 Professional SP4 and newer, Windows XP (Home, Professional and Media Center editions), Windows Vista 32-bit: Starter, Home Basic, Home Premium, Business, Ultimate, Enterprise. End user's computer must meet or exceed the following requirements: Intel Pentium III 600MHz or higher available physical memory (Microsoft Vista 32-bit or Intel Pentium 4 2GHz or higher for Windows Vista); 256 MB of RAM (512 MB of RAM for Windows Vista); 600MB free hard disk space (800MB free hard disk space recommended for Windows Vista).
4The Identity Theft Insurance benefit is provided to all members, together with Identity Protect's other benefits, through Alliance Marketing Association (the "Association"). Upon enrollment in the Identity Protect service, you will automatically be admitted as a member of the Association. The Identity Theft Insurance is underwritten by Virginia Surety Company, Inc. under group policy form # GEN-ID-GMP (8-05). Evidence of coverage under the master policy issued by Virginia Surety Company, Inc. with respect to such coverage will be available to you upon enrollment in Identity Protect. The summary of policy benefits, terms, conditions, exclusions, and limits of coverage set forth in the evidence of coverage are subject to the terms of the master policy.
Credit Alert is a registered service mark of Affinion Publishing, LLC.
© 2019, Trilegiant Corporation
6 High Ridge Park
Stamford, CT 06905
Credit Report Disputes
Note: Identity Protect provides you with printable dispute forms as well as toll-free assistance in helping you to dispute inaccuracies in your reports.