I. Introduction/Overview and Acceptance of Terms

Welcome to the TransUnion Interactive, Inc. web sites (each individually, or collectively, the "Site"). This Terms of Service Agreement and the Privacy Policy and the Security document and the other Legal Documentation are the “Agreement” between you and TransUnion Interactive, Inc. (“TUI”), and contains the terms and conditions upon which you ("you," or the "member") may access TransUnion Credit Monitoring (the “Product”) through the Site. Please read the Agreement carefully before you start to use our Product. You must accept the terms of the Agreement, before you will be permitted to enroll in, register for, purchase or use the Product or other offerings included in the Product. By registering on the Site, submitting your order and using the Product offered by TUI, you are acknowledging electronic receipt of, and your agreement to be legally bound by, these terms. If you do not agree with these terms or you do not want to be bound by them, please do not use the Product, including membership offerings. If you violate the Agreement in any way, your right to access the Product may be terminated.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE SEE OUR SECTION IX BELOW REGARDING RESTRICTIONS ON YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR PRODUCT, TERMS OF SERVICE, OR PRIVACY POLICY.

MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, CREDIT REPORTING AGENCIES ARE REQUIRED BY APPLICABLE FEDERAL AND STATE LAW TO FURNISH YOU A COPY OF YOUR CREDIT REPORT UPON REQUEST, IN SOME INSTANCES AT NO CHARGE, OR FOR A NOMINAL FEE, SEE "FAIR CREDIT REPORTING ACT RIGHTS" IN SECTION X BELOW.

By using the Product, you represent and warrant that you are of legal age to form a binding contract with TUI and meet all of the eligibility requirements in these terms.

II. Our Product

What is the Product? Our “Product” includes all products and services owned and operated by TUI, including the content, features, tools, data, software and functions made available by TUI through www.transunion.com, our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service.

We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Product, including adding new products, modifying existing products, or suspending, discontinuing, or terminating any or all portions of our Product, or your access to any or all portion of our Product.

Tools. Certain tools may be available through the Product to provide you with simulations, estimates, calculations or analysis about your credit score. These tools are for educational use only and are provided to you as a courtesy to monitor your credit health and provide information to you that may be helpful to make informed credit decisions by you on your own behalf. Simulations, estimates, calculations, and other analyses are based only on the data we have and options or information selected by you and we do not guarantee their accuracy.

No Professional Advice. We are not a credit repair organization, credit counselor, debt relief company, or financial or legal advisor as defined under federal or state law. Use of the Product is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating.

TransUnion Credit Monitoring monitors only the credit file associated with the purchasing consumer, and does not monitor, or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).

III. Your Account and Billing

General Requirements. You will need to register for a TransUnion member account to access the many aspects of our Product, like our credit reports, credit monitoring, ID monitoring, and personalized offers for products and services from our partners. By registering for an account you certify that: (1) you are at least 18 years of age, (2) you have a valid U.S. Social Security number, and (3) you are only registering for yourself. By registering as a member to access the Product, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you as part of providing our Product. Our Privacy Policy explains how we collect and use your information. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, password, username or any account rights. You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password safe and secure. If you believe that your account is no longer secure, change your password by clicking here. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your TUI account and your right to use the Site. Online access to consumer credit report information is subject to verification of the identity of the user. We reserve the right to suspend or cancel any accounts that we believe are or were involved in fraudulent activities, in our sole discretion.

While you are on the Site or are using or accessing our Product, we may collect certain data about your use of the Site and the Product. By accessing or viewing any of our Sites, you understand that we will be collecting this data. If you do not want us to collect data about you, please do not access any of our Sites and do not enroll in, purchase, or use any of our products or services. Our Privacy Policy explains how we collect and we use your information.

Consent to Obtaining Consumer Report and Other Information. By registering, you also specifically consent and provide authorization (“written instructions”) to let us access your credit files from each national credit reporting agency and to exchange certain information about you with third parties in order to (1) verify your identity and (2) provide the product to you, or to access additional information about you in order to provide you with the product that you requested as part of your subscription. Each time you access the Product, you are providing “written instructions” as set forth in the Fair Credit Reporting Act for TUI to obtain your consumer credit report from each national credit reporting agency, including TransUnion, Experian, and Equifax.

As further described in our Privacy Policy, through your membership in or use of the Product, you consent to receive personalized and targeted offers based on consumer report data.

Billing and Cancellation

Memberships. We offer both free and paid subscription products. When you become a member in one of our paid subscription products, you understand that it is a membership that automatically renews itself each month indefinitely without action. TUI will charge the then-current monthly membership fee (plus sales tax, if applicable) to the account that you designated as your preference, or if you have not designated a preference, to the payment mechanisms, such as a debit or credit card, most recently used for the Product on the Site. Consent to obtain credit data to fulfill the benefits of subscription products shall be valid under the program until cancelled. The benefits of your membership (including, without limitation, online credit reports and credit monitoring alerts) will be suspended until payment is received. If payment is not received, your membership will be cancelled. A member whose membership fee has been paid is entitled to all privileges included in the membership until the membership is canceled by the member or otherwise terminated as described later in this document. Upon cancellation, the member loses access to the areas of the Site designated for members only and loses access to the member's data and other benefits, including, any 3-Bureau Credit Report and Scores separately purchased during the subscription. This could include any credit data and analyses that have been displayed during the membership. To cancel your membership, please follow the procedures as indicated in the Cancellation provision below. However, please note that neither full nor pro-rated refunds will be given for the current month. TUI reserves the right to adjust pricing for our Products or any product features at any time, effective upon notice to our consumers.

Credit reports, credit scores and debt analysis will be available for a period of up to one year or until you update your report, otherwise, products will be provided for the period stated in the product description.

TUI is not responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed or billed. We suggest using a credit card rather than a debit card. Refunds will not be issued if we have successfully located and delivered your order to you.

Subscriber Code; Gift Certificates. For Customers with a subscriber code or gift certificate code obtained through a third-party provider: Your gift certificate entitles you to receive free Product(s) pursuant to the terms outlined by your provider. There will be no charge made to you for these Products, the Products will not be renewed at the end of the relevant subscriber period and your credit card will not be charged. If you desire Products from TUI after the end of the subscriber period provided by your provider through the subscriber code or gift certificate code, it will be necessary to order the Product(s) available at the then-market rate.

Free Trials and Upgrades During Free Trials. We may offer trial services at the beginning of paid services and subscriptions. At the end of the free trial period, you will be automatically billed on a recurring basis for the service on a going-forward basis. The terms of any free trial are specific only to the product(s) subject to the free trial. An authorization will be requested from your billing account to make sure it is valid and in good standing. We will not bill your debit or credit card until the relevant free trial period is completed and you have not cancelled your subscription during such trial period as provided below. You may be provided with an option to upgrade the services during the free trial period. If you upgrade to a new subscription during a free trial, which requires payment for upgrade services, you will lose all benefits of the trial and will be billed immediately for the upgraded service. You may cancel your subscription at any time during the trial period without charge by following the cancellation procedures indicated in the Cancellation provision below. You do not have to do anything if you wish to continue your subscription after the free trial period. Your subscription will automatically continue without interruption. The monthly fee (plus sales tax, if applicable) will be charged at the conclusion of the trial period to the credit card or bank account you designated as your preference or, if you have not designated a preference, to the payment mechanisms, such as a debit or credit card, that was most recently used for the Product on the Site and your subscription will continue automatically, billable monthly at the prevailing rate. For the avoidance of doubt, you understand that a free trial is part of an introduction to a paid product, and that at the end of the free trial period, you will be charged monthly for a subscription service until you cancel. Any free trial is available one time only per customer.

Money Back Guarantee. If you enrolled in or purchased a Product with a “money-back guarantee,” you are eligible to receive back the amount you paid (minus tax) for the product for up to 30-days (or other applicable time period) only. If you request to receive back the money you paid after the applicable time period has expired, then you will not be eligible to receive your money back. The time period begins tolling on the day that you purchase the Product. In order to receive back the amount that you paid, please call Customer Service toll-free at (855) 681-3196, with your transactional information handy. Any “money-back guarantee” is available one time only per consumer customer.

Price Modifications. From time to time, TUI may examine the prices that we charge for our products, and update them over time. Consumers will be notified of any pricing changes via an interstitial posted on the TUI home page, or by push notification or by email notification.

Cancellation. To cancel your Products or subscriptions, please go to Contact Us or call toll-free at (855) 681-3196 and contact our Customer Service Team.

IV. Your Use of the Product

You agree not to use or access any of the Product:

  • In any way that violates any applicable federal, state, local, or international law, rule or regulation.
  • In any manner that could disable, alter, overburden, damage, or impair them or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm TUI or users of the Product and expose them to liability, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature.
  • To circumvent or disable any content protection system or digital rights management technology used with any Product; decompile, reverse engineer, disassemble or otherwise reduce any Product to a human-readable form; remove identification, or other proprietary notices; or access or use any Product in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.
  • To create accounts or access data (including user information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper, or by using a name other than your legal name.

V. Ownership and Infringement

Intellectual Property Rights

  • We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Product for lawful purposes in accordance with this Terms of Service and our Privacy Policy.
  • The Product contains content owned or licensed by TUI, including name, logo, text, images, audio/visual works, icons and scripts (“TransUnion Content”). TransUnion Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and TUI, TUI owns and retains all rights in TransUnion Content and the Product.
  • You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying TransUnion Content and you will not copy, reproduce, modify, adapt, or prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit TransUnion Content for commercial or public purposes without the prior express written permission.

Articles, videos, infographics, blogs, and other creative materials found on transunion.com or other websites owned or maintained by TUI, Trans Union LLC (“TransUnion”) and its subsidiaries and affiliates are solely the property of TransUnion, TUI or the applicable subsidiary or affiliate. No part of this publication may be reproduced or distributed in any form or by any means, electronic or otherwise, now known or hereafter developed, including, but not limited to, the Internet, without the explicit prior written consent from TUI or TransUnion.

Requests for permission to reproduce or distribute any part of, or all of, this publication should be mailed to:

Law Department
TransUnion
555 West Adams
Chicago, Illinois 60661

The "T" logo, TransUnion, and other trademarks, service marks, and logos (the "Trademarks") used in this publication are registered or unregistered Trademarks of TransUnion, or their respective owners. Trademarks may not be used for any purpose whatsoever without the express written permission of the Trademark owner. TUI reserves the right to publish or use any responses, questions or comments emailed to this address for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions will be the property of TUI.

Copyright

We respect the intellectual property rights of others, and we prohibit users of our Product from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report any issues or allegations of infringement, please contact us at Attn: Copyright Agent, TransUnion, 555 West Adams, Chicago, IL 60661.

User Content

  • The Product may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Contributions”) on or through the Product.
  • You represent and warrant that:
    • All of your User Contributions do and will comply with these Terms of Service.
    • You own or control all rights to the User Contributions posted by you on or through the Product or otherwise have the right to grant the rights and licenses set forth in these Terms of Service.
    • You will pay for all royalties, fees, and any other monies owed by reason of User Contributions you post on or through the Product.
    • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TUI, have full responsibility for such materials, including its legality, reliability, accuracy, and appropriateness.
    • We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Product.
  • You hereby grant TUI a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Contributions that you post through the Product or otherwise provide to us, subject to our Privacy Policy.
  • You understand and agree that we cannot and will not be responsible for the content posted on the Product and you use the Product at your own risk.

VI. Disclaimer of Warranties and Limitation of Liability

Violation of these Terms of Service may, in our sole discretion, result in termination of your account or any subscription product. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Product to you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, SUBSCRIPTIONS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS". NEITHER TUI, TRANSUNION NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES OR AGENTS (“THE TRANSUNION PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND INFORMATIONAL CONTENT, OR THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES, OR THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TRANSUNION’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL. TUI, TRANSUNION AND ANY OF ITS AFFILIATES AND SUBSIDIARIES DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR RESULT OR USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

YOUR USE OF THE PRODUCT AND ITS CONTENT IS AT YOUR OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT THE TRANSUNION PARTIES WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISES IN CONNECTION WITH THE PRODUCT (OR THE TERMINATION THEREOF FOR ANY REASON), ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES, EVEN IF THE TRANSUNION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

TUI DOES NOT ENDORSE, APPROVE OR VERIFY ANY POSTED CONTENT ON THE PRODUCT AND THE TRANSUNION PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE PRODUCT (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE PRODUCT), FOR YOUR USE OF THE PRODUCT, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE PRODUCT OR RELATING TO THE PRODUCT.

IN NO EVENT SHALL THE TRANSUNION PARTIES BE LIABLE FOR ANY LOSS ARISING OUT OF THE TRANSUNION PARTIES’ PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICE. IN NO EVENT SHALL THE TRANSUNION PARTIES BE LIABLE FOR ANY DELAY IN PROVIDING THE PRODUCT, OR DAMAGES RESULTING FROM ANY DELAY IN THE PRODUCT. IN NO EVENT SHALL THE TRANSUNION PARTIES HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN. IN NO EVENT SHALL THE LIABILITY OF THE TRANSUNION PARTIES EXCEED THE TOTAL AMOUNT OF FEES YOU PAID FOR THE APPLICABLE PRODUCTS IN THE PRECEDING TWELVE MONTHS.

FOR NEW JERSEY RESIDENTS: Notwithstanding any terms herein, these Terms do not limit your rights or our obligations under any applicable statute or law, including types and amounts of recovery; nor do they excuse TUI from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you defend and indemnify us in the event that any loss is caused by our negligence.

VII. Term and Termination; Modification

This Agreement will take effect at the time you click to accept and continue to the dashboard and shall terminate (a) when you cancel your membership by contacting TUI via the website or the toll-free number set forth on the web site for cancellations, or (b) upon termination of your membership or (c) if TUI discontinues providing any membership, subject to your right to receive membership benefits that you have paid for or to obtain a refund of a portion of your payment; or (d) for any reason at any time in TUI’s sole discretion. To cancel your products or subscriptions, please see the Cancellation provision in Section III above.

TUI products shall not be used in a manner that defrauds or otherwise abuses the credit reporting or credit scoring systems. TUI has the right to suspend or terminate your use of any product or access to our sites if we determine, in our sole discretion, that your use of our products has abused the credit reporting or credit scoring systems. Further, you agree that TUI will not be liable to you or any third party if TUI suspends or terminates your access for any reason.

TUI may (i) change the terms of this Agreement or the feature of the membership products, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use the Site and/or your membership after TUI has notified you of a change in the Agreement, you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted notices.

VIII. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE TRANSUNION PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS OF SERVICE. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE TRANSUNION PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE PRODUCT AND THE CONTENT YOU MAKE AVAILABLE BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO CONTENT, OR OTHERWISE.

IX. Dispute Resolution and Arbitration

AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. YOU UNDERSTAND AND AGREE THAT BOTH PARTIES WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT BOTH PARTIES BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL.

YOUR RIGHT TO REJECT/OPT-OUT OF THE ARBITRATION AGREEMENT

YOU HAVE THE RIGHT TO REJECT THE ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. To reject this Arbitration Agreement, you must send us a notice within sixty (60) days after you register for, purchase or use the Product. You must send your notice to: TransUnion Interactive, P.O. Box 40 Woodlyn, PA. 19094-0805. This notice must include your current username and a clear statement of your intent, such as “I reject the arbitration clause in the TransUnion Terms of Service.”

Arbitration Agreement

In consideration for our willingness to provide you with access to products through the Site as set forth in the Agreement, you and we agree as follows:

Where Your Claim May Be Resolved

You agree that any dispute, claim or controversy (“Claim”) between you and TUI, its parent, our agents, contractors, employees, officers or assignees, arising out of or relating in any way to this Agreement, your purchase and use of a TUI Product, including, without limitation, tort and contract claims, claims based on any federal, state or local statute, law or regulation and the issue of arbitrability, must be resolved exclusively by binding arbitration, except for the validity, scope or enforceability of this Arbitration Agreement. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court.

Individual Arbitration

YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes.

When You May Ask for Arbitration

A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to the above.

You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Similarly, before TUI takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or TUI is notified of a dispute, either party may then contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s arbitration rules and its fees are available from the AAA on the Internet at http://www.adr.org.

Costs of Arbitration

The cost of any arbitration proceeding shall be divided as follows:

  • If you initiate arbitration, you will be responsible for paying one half of the filing fee, or $125.00, whichever is less, when the demand for arbitration is made.
  • If we initiate arbitration, we will be responsible for paying all arbitration costs.

Regardless of who initiates the arbitration, you will not be responsible for any arbitration fees that exceed one half of the filing fee, or $125.00, whichever is less, or the fees that you would have incurred if the Claim had been brought in court. Notwithstanding the foregoing, if you believe the cost of arbitration may be too burdensome, you may seek a waiver of the filing fee under the applicable arbitration rules. If you seek, but do not qualify for such waiver, we will consider a written request from you to advance all or part of the filing fee.

How Arbitration Will Proceed

The arbitrator administrator will appoint the arbitrator. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person (additional charges may apply for these procedures). Any arbitration proceeding will take place at a location within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location.

The arbitrator will be required to follow relevant law and applicable judicial precedent to arrive at a decision and shall be empowered to grant whatever relief would be available in court. Where authorized by applicable law, the arbitrator’s award may include attorneys’ fees and other expenses. You understand and agree that you and TUI are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and proceedings hereunder shall be governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

Any party to the arbitration proceeding may enter judgment upon the arbitration award in any court having jurisdiction over the arbitration award and may have that judgement enforced by any court having jurisdiction over the judgement. If this Arbitration Agreement is held to be invalid or otherwise unenforceable for any reason, it will be severed from the Agreement and the parties agree that exclusive jurisdiction and venue for any claims will be the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location.

The arbitrator’s decision shall become final and binding after 30 days unless a party to the arbitration takes an appeal from the decision by making a written request to AAA. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration, and will make decisions based on the vote of the majority. We will advance any fees and costs required by AAA to commence any appeal. The appeal panel’s decision shall be final and binding.

X. Your Fair Credit Reporting Act Rights

The Fair Credit Reporting Act (“FCRA”) allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Product are not intended to constitute the disclosure of information by a credit reporting agency as required by the FCRA or similar laws.

Under the FCRA you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. For more information visit the Credit Report & Disclosures FAQs section in the Customer Support section, available from most pages of the Site.

You are entitled to receive a free copy of your credit report from a credit reporting agency if:

  • You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
  • You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
  • You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
  • You certify in writing that you are a recipient of public welfare assistance.
  • You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.

In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, North Carolina or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. If you are a resident of Mississippi, then beginning in 2016, you are entitled to free credit reports for three (3) years. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

The FCRA provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM TUI IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.

It may be the policies of TransUnion, Equifax, and/or Experian to provide a complimentary copy of the consumer credit report under circumstances other than those described above. You can contact TransUnion, Equifax, or Experian to obtain a copy of your credit report directly from such agency. If you wish to dispute information contained in a TransUnion credit report file, see the dispute process description contained in the Credit Help section. The form of credit report and related disclosures provided directly by such agencies to you may differ from those provided by TUI.

TUI's online credit report has been specially designed for consumer ease-of-use. Color illustrations, analysis information and helpful links on TUI's credit report make it easy for you to understand and manage your credit.

XI. Our Products

Credit Scores: VantageScore® Credit Score by TransUnion. If you enroll in, purchase, or select a product that contains a credit score, the score provided to you is the VantageScore® Credit Score. The VantageScore® Credit Score by TransUnion is provided to help you better understand how lenders view your credit report. It is not an endorsement or a determination of your qualification for a loan. Lenders use credit scores to help determine whether or not you are a good candidate for a loan and what interest rate you will pay. However, each lender has specific underwriting standards, so you should not assume that you will receive the same evaluation from each lender or that the score you receive is the same score used by a lender. As part of the underwriting process, they will incorporate additional information you provide and may obtain references. The information contained in your report reflects the latest information provided to the applicable bureau. If you recently made a payment, opened a new account, or authorized inquiry, it may not yet be reflected in the credit report of any one of the bureaus you receive. Likewise, if the information is not included in the applicable credit report it will not be reflected in your credit score based on such report. Also, disputed items are not incorporated in the assessment of your credit score. TUI is not connected in any way with Fair Isaac and Company; the credit scores provided here are not so-called FICO® scores. The VantageScore® Credit Score by TransUnion may not be identical in every respect to any consumer credit scores produced by any other company.

What You Need to Know. There are various types of credit scores, and lenders use a variety of different types of credit scores to make lending decisions. Like other credit scores offered to consumers, the credit score that TUI offers may not be likely to be the same score used by lenders or other commercial users for credit decisions. Only your lender can determine which credit score it may use to determine your credit eligibility.

TransUnion Credit Monitoring; Three Bureau Credit Monitoring. TransUnion Credit Monitoring is provided by TUI. Credit Monitoring monitors one or more of your credit files, depending upon the type of credit monitoring you purchase, which are separately owned and/or maintained by each of the applicable credit bureaus: TransUnion, Experian, and Equifax. Credit Monitoring monitors the credit file most closely identified with you based on multiple identifying factors such as first, middle and last names, current and former addresses, Social Security number and date of birth. Credit Monitoring may not advise or alert you if an item of identifying information about you (including your name or address or Social Security number) is contained in the applicable credit bureau's credit file of another person, and will not provide you with any information contained in another individual's credit file. Products provided by TUI, including Credit Monitoring, do not monitor, or cross-reference your credit file(s) with the credit file(s) of any other person.

When you order a single-bureau credit monitoring product from TUI, TUI requests that TransUnion enroll you in its credit monitoring service. When you order a credit monitoring product from TUI that monitors credit files at three credit bureaus, TUI requests that each individual credit bureau enrolls you in their respective credit monitoring service.

Please remember that there are different processing times for the commencement of services at each credit reporting bureau, therefore you may not be enrolled in all of them at the same time. Monitoring with TransUnion usually begins within 48 hours of enrollment, but may be delayed. If TUI is unable to confirm enrollment for any reason, notification will be made to the email address we have on record for you at the time of the notice. Monitoring with Equifax and Experian takes, on average, approximately 4 days to begin, though in some cases monitoring cannot be initiated during the trial period, (if a trial period applies). TUI does not control and is not responsible for the Equifax or Experian enrollment process.

The TransUnion single bureau credit monitoring product is conditioned upon successful enrollment by TransUnion in its credit monitoring service; if TransUnion is not able to enroll you, your order will be cancelled and you will not be charged or you will not receive alerts or monitoring of changes to your TransUnion credit file. TUI will notify you in the event that TransUnion is not able to enroll you in credit monitoring, but such notification may not occur during your trial period, if any. Your order of any three bureau credit monitoring product is conditioned upon successful enrollment by at least one credit bureau in its credit monitoring product. If no credit bureau is able to enroll you in its credit monitoring program, your order will be cancelled, and you will not receive alerts or monitoring of changes to any of your credit files. In the event that one or two credit bureaus, but not all three bureaus, are able to enroll you in their credit monitoring, credit monitoring will be provided by the bureau or bureaus that were able to enroll you; you will not receive alerts or monitoring of changes to the credit files of the bureau or bureaus that were not able to enroll you in their respective credit monitoring programs.

In the event you order a three-bureau credit monitoring product, by placing your order, you agree that, if fewer than all three credit bureaus enroll you in their credit monitoring; TUI is authorized to monitor only the credit files at the bureau or bureaus that enrolled you. Any such credit monitoring will be provided at the price agreed upon; you will not be eligible for a price reduction, discount or refund. TUI will notify you in the event that fewer than all three credit bureaus enroll you in credit monitoring, but such notification may not occur during your trial period, if any. If TUI is not able to enroll a consumer in the three-bureau product that the consumer requested, the consumer must change his or her subscription within 30 days or the subscriber will continue in their current subscription at the three-bureau price.

Fraud Resolution Services. If your subscription includes Fraud Resolution Services, TUI will provide you with certain fraud resolution services outlined below (the "Fraud Resolution Services") during the period that you are a member. TUI and its third party service providers are obligated only to provide services in the United States to members domiciled in the United States. The Fraud Resolution Services are provided by TransUnion, the parent of TUI, under an agreement with TUI.

In no event shall TUI, TransUnion, its affiliates or subsidiaries be liable for consequential damages, for any delay in Fraud Resolution Services, or for loss of use of funds during the period that your service request is being processed. TUI, TransUnion and its affiliates and subsidiaries shall not be obligated to provide Fraud Resolution Services, nor shall it be liable, if you have not provided complete, accurate and current information relating to your service request. TUI, TransUnion and its affiliates and subsidiaries are not obligated or responsible for providing Fraud Resolution Services for any service request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed based on the quality of goods or services, (c) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits, (e) any losses, damages or expenses that were incurred or commenced prior to your membership commencement, and (f) theft or damages of traveler's checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.

Identity Theft Products. If your Product selection includes the Identity Theft Products, you may have access to the Identity Theft Products described below. In order provide the Identity Theft Products to you, TUI may have to exchange certain information about you with third parties. The Identity Theft Products include the following:

  • Criminal Activity Monitoring, which reports arrests and booking records filed under your name or personal information.
  • Dark Web Monitoring, which monitors potential criminal selling and trading of personal information on the Internet to detect and alert you if your identity is found to be exposed or compromised.

Identity Theft Insurance. If your Product selection includes identity theft insurance, the identity theft insurance benefit is underwritten and administered by insurance company subsidiaries or affiliates of American International Group, Inc. (collectively referred to as, "AIG") under a master group policy issued to TUI for the benefit of credit monitoring members. A summary of the terms of coverage are set forth in the document located at Benefits Description for Personal Internet & Identity Coverage Master Policy. The complete policy is available from TUI on request. AIG administers all claims and TUI shall have no responsibility with respect to such identify theft benefit.

ID Restoration. If your subscription includes ID Restoration, you may have access to ID Restoration, which allows us to work on your behalf and provide our full line of restoration services, and to outline a restoration plan with you. TUI may have to exchange certain information about you with third parties in order to provide the ID Restoration services to you.

TransUnion Credit Lock and Multi-Bureau Credit Lock. In the event you select a product or enroll in a membership that includes Credit Lock, you acknowledge that some of the features of Credit Lock may not be available to you under the laws of certain states. In the event you cancel any subscription that includes Credit Lock as a benefit you will cease receiving Credit Lock upon cancellation.

Creditors, lenders (when you apply for a loan), landlords and employers can request and view your credit report (“Information Requestors”). Locking your TransUnion Credit Report blocks certain third parties such as potential creditors from looking at it, which may serve as a critical step in preventing an identity thief from applying for credit in your name. Credit Lock is part of your credit monitoring subscription, so if you cancel your subscription, your TransUnion credit report will be unlocked, and it will be viewable by Information Requestors again.

You acknowledge that Credit Lock will only prevent delivery of your TransUnion credit report. It will not apply to your Equifax or Experian credit report. Remember that while a credit lock prevents most third party access to your credit report, a third party may access a locked report in certain instances that are considered a low risk for identity theft, such as official government investigations, collection activities, insurance underwriting and claims administration and to send you pre-approved offers of credit. Finally, you will not be able to use TU Credit Lock if you have a security freeze on your TransUnion Credit Report.

Educational Tools. If your Product selection includes the Educational Tools, you may have access to Calculators, Credit Score Simulators, Debt Analysis and Comparison Reports (the “Educational Tools”) for educational purposes, which include certain calculators, which may allow you to calculate, for instance: the income you may have or need for retirement; the amount you may accrue in interest on a credit card; the amount that you may have to pay back in the event that you take out a student loan or a personal loan (collectively, the “Calculators”). THESE EDUCATIONAL TOOLS ARE ONLY ESTIMATES AND ARE FOR EDUCATIONAL USE ONLY. THE EDUCATIONAL TOOLS ARE PROVIDED TO YOU AS A COURTESY TO MONITOR YOUR CREDIT HEALTH AND TO MAKE INFORMED CREDIT DECISIONS ON YOUR OWN BEHALF. TUI, TRANSUNION AND ITS SUSBIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE EDUCATIONAL TOOLS, NOR DO TUI, TRANSUNION, AND ITS SUBSIDIARIES AND AFFILIATES MAKE ANY GUARANTIES WITH REGARD TO THE EDUCATIONAL TOOLS OR AN INDIVIDUALS USE OF THE EDUCATIONAL TOOLS. THE EDUCATIONAL TOOLS ARE NOT AN OFFER OF CREDIT.

Calculators. As part of your subscription and/or membership, you may be provided with access to the Calculators, which may provide you with information to calculate. THESE CALCULATIONS ARE ONLY ESTIMATES AND ARE FOR EDUCATIONAL USE ONLY. THE CALCULATORS ARE PROVIDED TO YOU AS A COURTESY TO MONITOR YOUR CREDIT HEALTH AND TO MAKE INFORMED CREDIT DECISIONS ON YOUR OWN BEHALF. TUI, TRANSUNION AND ITS SUBSIDARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CALCULATORS, NOR DO TUI, TRANSUNION AND ITS SUSBIDIARIES AND AFFILIATES MAKE ANY GUARANTIES WITH REGARD TO THE CALCULATORS OR AN INDIVIDUAL’S USE OF THE CALCULATORS. THE CALCULATORS ARE NOT AN OFFER OF CREDIT.

Dashlane. If, in the course of your relationship with TUI, you receive a Dashlane product, you will be provided with a Dashlane code. Such code will be active for up to 90-days, after which the code will expire and will not be available to consumers. If applicable, we recommend that you activate your Dashlane code as soon as you receive it in order to ensure that you receive the benefit of the product. Thereafter, you will have access to your Dashlane product for one-year from the date that you activated the code. If you wish to continue using your Dashlane product at the end of the one-year period, then you will have to enroll with Dashlane. Use of such Dashlane products will be governed by the terms and conditions found at https://www.dashlane.com/. Please visit the Dashlane site for more information.

TransUnion Mobile. The Products may offer features and services that are available to you, and delivered by us, through your mobile phone (collectively, "TransUnion Mobile"). Standard messaging, data and other fees may be charged by your mobile phone carrier to utilize TransUnion Mobile. Your mobile phone carrier may prohibit or restrict certain features of TransUnion Mobile and certain features may be incompatible with your mobile phone carrier or mobile device. Contact your mobile phone carrier with questions regarding these issues.

If you access Products through a mobile device or download a TUI application to your mobile device, you hereby agree that TransUnion Mobile may send communications to your mobile device. You also agree that, we may collect information related to your use of the TUI its Products. If you have registered for TransUnion Mobile, you agree to notify TUI of any changes to your mobile number and update your account to reflect any such change.

You understand that if you change your mobile number (or email address) and you have signed up to receive alerts or other information via text (or email), that you will not receive such information unless and until you update your mobile number (or email address) in your account settings. Please note that you may not receive all text alerts, so we recommend that you sign in to your online account at least once per month to ensure that you receive all alerts.

Pre-Screen Opt-Out. Under the FCRA, the Consumer Credit Reporting Companies are permitted to include your name on lists used by creditors or insurers to make firm offers of credit or insurance that are not initiated by you ("Firm Offers"). The FCRA also provides you the right to "Opt-Out", which prevents Consumer Credit Reporting Companies from providing your credit file information for Firm Offers. In order to opt out of receiving pre-approved offers, please visit www.optoutprescreen.com.

If you choose to Opt-Out, you will no longer be included in firm offer lists provided by Equifax, Experian, Innovis, and TransUnion. If you are not receiving firm offers because you have previously completed a request to Opt-Out, you may request to Opt-In by going to www.optoutprescreen.com. In doing so, you will soon be among the many consumers who can significantly benefit from having ready access to product information on credit and insurance products that may not be available to the general public.

XII. Our Privacy Policy

By using our Site, becoming a member of one of our membership programs, or purchasing any of our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy. In the event you indicate that you want to receive offers from TUI, your information may be used to serve relevant ads to you when you visit the site. Our Privacy Policy can be reached by scrolling up, or click here: https://www.transunion.com/privacy/consumer-interactive.

XIII. Territorial Restrictions

TUI is based in the United States and provides its Product for use to persons located in the United States. We make no claims that the Product or any of its content is accessible or appropriate outside of the United States. Access to the Product may not be legal by certain persons or in certain countries. If you access the Product from the outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

XIV. Links

The Product may contain links to other websites that operate independently of TUI, TransUnion and its subsidiaries and affiliates and are not under our control. We provide links to other websites solely for your convenience and information. We are not responsible for information that is provided by, or collected through, those websites or for any other use of those website, nor do we endorse any of the third party products or services which may be displayed to you through such links.

XV. Miscellaneous

Policy Regarding Children. We define children as individuals under the age of 16. Our Site is not intended for the use of children and we do not intend to collect information about children through our Site. You must be at least 18 years of age to access any products through this website or to join any TUI service, or to become a member entitled to membership benefits.

Notices. You should send any notices or other communications regarding our Site, products or services to TransUnion Interactive, Inc., P.O. Box 40 Woodlyn, PA. 19094-0805.

Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the 'Your Account' section from the main menu.

Governing Law. The Agreement is governed by the laws of the State of Delaware, excluding conflicts of laws provisions. TUI can provide credit reports only for individuals who have established credit in the United States. Those who choose to access this Site, or become a member in one of our membership programs, from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TUI's provision of products or services to you, your use of any of our Sites, or of your membership in any of our membership programs, if submitted to a court of law, shall be submitted to the state and federal courts of New Castle County, Delaware, USA.

Waiver and Severability. No waiver of by the TUI of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the TUI to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and TUI regarding the Product and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Product.

By using the Site or our Product, you represent that you have read this Agreement and TUI's Privacy Statement, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Site and your membership, TUI has relied on your agreement to be bound by the terms of this Agreement.

The effective date of these Terms of Service is August, 2019.