Effective Date: February 26, 2015
TrustedID, Inc. ("TrustedID," "we," "us," "our"), an Equifax company, provides its products to you ("You," "Your") through various websites (including www.TrustedID.com) and its related applications and products (collectively, the "Product(s)" which term includes any new features, products and applications offered by us from time to time), subject to the following Terms & Conditions (as amended from time to time, the "Agreement").
MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT RECORD UPON REQUEST AT NO CHARGE OR FOR A NOMINAL FEE. NONE OF THE PRODUCTS OFFERED THROUGH THIS SITE ARE INTENDED AS A SUBSTITUTE FOR THE CONSUMER CREDIT INFORMATION THAT MAY BE AVAILABLE TO YOU WITHOUT CHARGE. PRIOR TO PURCHASING ANY PRODUCT, YOU SHOULD REVIEW THE FAIR CREDIT REPORTING ACT DISCLOSURES CONTAINED IN THIS AGREEMENT OR VISIT WWW.ANNUALCREDITREPORT.COM FOR FURTHER DETAILS REGARDING YOUR RIGHT TO OBTAIN A COPY OF YOUR CONSUMER CREDIT FILE.
PROVIDERS OF PRODUCTS. The credit Products are provided by Equifax Consumer Services LLC ("Equifax"). We may also partner with other companies ("Suppliers") to provide Products to you or sell you a Product provided by a Supplier. Suppliers are included in references in this Agreement to "we", "us" and "our". PERSONAL INFORMATION; AUTHORIZATION. As needed to provide Products to You, You authorize and instruct Us to obtain, monitor, and compile Your: (i) credit information from one or more credit reporting agencies; (ii) "non-public personal information", "personal information", and/or "highly restricted personal information" about or concerning You as defined by the Gramm-Leach-Bliley Act (15 U.S.C. sec 6801 et seq); and (iii) other personal information. By placing Your order You acknowledge and agree that Your access to the Products and any consumer credit information contained therein is subject to Your prior written authorization and Our verification of Your identity. As such, You understand and agree that by submitting Your order, You are providing "written instructions" in accordance with the Fair Credit Reporting Act ("FCRA") for Us to obtain credit information from the personal credit report maintained by one or more of the three nationwide credit reporting agencies and You hereby authorize Us to access Your personal credit information in order to provide the Products.
NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT. TrustedID is not a credit repair organization, or similarly regulated organization under other applicable law and does not provide any form of credit repair advice or counseling. TrustedID offers You access to Your credit report and other credit-related information Products, but We do not offer, provide, or furnish any Products, or any advice, counseling, or assistance, for the express or implied purpose of improving Your credit record, credit history, or credit rating. By this We mean that We do not claim We can "clean up" or "improve" Your credit record, credit history, or credit rating and You acknowledge and agree that You will not purchase, use, or access any of Our Products or the websites for such purposes. These items (credit record, history, and rating) are based on Your past or historical credit behavior, and accurate and timely adverse credit information cannot be changed. If You believe that Your credit report contains inaccurate, non-fraudulent information, it is Your responsibility to contact the relevant credit reporting agency, and follow the procedures established by the various credit reporting agencies related to the removal of such information.
USE OF THE PRODUCTS. By registering for the Product You certify that You are at least 18 years of age. You agree that the information You provide during the registration process, and the information You provide from time to time while using the Product, will be true, accurate and current. It is a violation of federal criminal laws to knowingly or willfully obtain information from a consumer reporting agency under false pretenses. If TrustedID has any reason to suspect You have provided untrue, inaccurate or non-current information it may, in its sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict Your use of and access to any part(s) of the Product) at any time, without notice. You agree not to: use the Product in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Product or interfere with any other party's use and enjoyment of the Product; harvest or collect email addresses or other contact information of other users from the Product by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; interfere with or disrupt the Product or servers or networks connected to the Product; violate any terms which may be applicable for any particular area of the Product; violate any applicable local, state, national or international law, or any regulations having the force of law; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Product.
YOU UNDERSTAND AND AGREE THAT THE PRODUCTS SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER REPORTING AGENCIES.
THIRD PARTY SOFTWARE. In the event that the Product you are procuring hereunder includes third party software, You acknowledge that Your use of third party software may be subject to the license terms associated with such third party software. TrustedID hereby disclaims any liability or responsibility with respect to any such third party software.
CREDIT SCORES. Unless otherwise indicated, all credit scores furnished with Our Products are Equifax Credit Scores. By this, We mean that all credit scores are prepared by Equifax and make use of the Equifax Risk Score, which is a proprietary credit score model developed by Equifax. Although the Equifax Risk Score is sometimes used by lenders, it is unlikely that Your particular lender with will use the Equifax Risk Score. When prepared and delivered to You as part of any Product, The Equifax Credit Score is provided solely to help You understand how lenders may evaluate Your overall credit risk. Therefore, nothing in any of Our Products is an endorsement or a determination of a person's qualification for a loan, or any other extension of credit. Each lender has specific underwriting standards, so You should not assume that You will receive the same evaluation, credit terms or conditions. Equifax does not represent that the Equifax Credit Score is identical or similar to any other credit score or score model. Moreover, any estimated score changes predicted by Our Products are only estimates and are provided for educational purposes solely to enable You to determine how future financial decisions (e.g., obtaining a new car loan or mortgage) might impact your credit score. In all instances, the information We use to calculate Your Equifax Credit Score is derived from one or more credit reports produced by EIS or one of the other national credit reporting bureaus. The consumer credit information contained in these credit reports reflects the latest information provided to the pertinent credit reporting agency. Recent activity may not yet be reflected in Your credit report. If not, this activity will not be reflected in Your Equifax Credit Score. In addition, Your Equifax Credit Score may change every time new information is added to or removed from a credit report as well as with the passage of time.
PRODUCT FEES. The Product may be subject to fees (as designated by TrustedID at its website - www.TrustedID.com). In such event, you shall pay all applicable fees, as described on the website. All fees are in U.S. dollars unless stated otherwise on the website. All fees are payable upon demand on a Visa, MasterCard or American Express credit card (or by such other method as authorized by TrustedID in writing). TrustedID reserves the right to change its fees (and to institute new charges) for the Product at any time.
In the event TrustedID offers You a free trial of the Product, such free trial shall only be available if You are a first time customer of the Product. Only one free trial may be redeemed per household and we may refuse to register You to obtain any of our Products for any reason, including any of our Products that may be offered by means of a free trial. You must have internet access and a valid credit card or debit card to take advantage of a free trial offer. We will not bill You until the free trial period has expired and provided that You have not yet cancelled your trial membership. In the event that You wish to continue Your membership beyond the trial period, do nothing and Your membership will automatically continue without interruption and We will begin billing You via the payment source You provided when you signed up for the free trial for monthly or annual subscription fees corresponding to Your subscription plan plus any applicable tax at the end of your free trial membership period. You may cancel your trial membership at any time during the free trial period without charge or further obligation by calling our Customer Service Center 7 days a week, 5am - 6pm Pacific Standard Time at 1-888-548-7878.
In the event that You purchase the Product through a third party, all fees will be collected by the third party, as described in your agreement with the third party, and You should address Product fee questions to the third party. In the event that You initially purchased the Product through a third party, You will pay no subsequent fees to TrustedID unless You choose to purchase additional Products from TrustedID.
In the event that You receive the Product as a benefit of enrolling in, or purchasing, third party products or services, or have the Product purchased for You by a third party, You will incur no additional fees related to Your Product membership unless You choose to purchase additional Products from TrustedID.
You hereby authorize TrustedID (or its third party provider) to verify your credit/debit card by running pre-authorization hold transactions against such credit/debit card.
MEMBERSHIP TERM. Unless terminated earlier pursuant to the terms and conditions of this Agreement, Your Product membership will continue for the period of time specified on TrustedID's website. If You receive the Product as a benefit of enrolling in, or purchasing, third-party products or services, Your Product membership may be terminated pursuant to the terms and conditions of Your agreement with the third party. As specified on the website, Your membership subscription may be subject to automatic renewal. TrustedID may, in its sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict Your use of and access to the Product) at any time, without notice.
PRODUCT CANCELLATION AND REFUNDS. You may cancel any subscription at any time. To cancel Your subscription, please contact our Customer Service Team 7 days a week, 5am - 6pm Pacific Standard Time at 1-888-548-7878. In the event that You cancel Your annual subscription, you will receive a refund based on the original purchase price and the number of unused months still available for your product. There are no partial month refunds. In the event you cancel your monthly subscription, you will not receive a refund but you will receive service for the remainder of the month you cancel and no further charges will be incurred. For additional information regarding how to cancel Your Product, go to www.trustedid.com and login to your account. All sales of credit report, credit report and score or Credit Lock Products purchased in addition to Your subscription are final, and You will not be entitled to a refund once it is delivered to You.
ACTIVATION OF PRODUCT. If You purchase a Product membership which does not require that You immediately enroll and commence use of the Product at the time of purchase, and You fail to enroll and commence use of the Product at any time following Your purchase, Your right to enroll in the Product and received of the benefits provided by the Product membership will expire twelve months following the date of purchase.
CUSTOMER SUPPORT. The type of customer service to which You are entitled is determined by the Product you purchased. If, for example, You have enrolled in a membership for which You have not paid TrustedID, You may be entitled to no customer support or support only via email.
CHANGES TO PRODUCTS AND TERMS; TERMINATION. We may not offer every Product on every website and we may also modify or discontinue any of Our Products or a website (or any portion thereof) or cancel, suspend or terminate this Agreement for any reason with or without notice. If we do cancel this Agreement or discontinue any Product You have purchased without offering a similar replacement Product, We will give You a pro-rated refund for any Products purchased but not yet provided.
TRADEMARK RIGHTS. The TrustedID product names referenced in this website, including without limitation TRUSTEDID, the TRUSTEDID Logo, IDFREEZE, IDESSENTIALS and IDENTITYTHREATSCORE ("TrustedID Marks ") are trademarks or registered trademarks of TrustedID, Inc. in the United States and/or in other countries. Your use of the TrustedID Marks is governed by the TrustedID's trademark usage requirements. Other products and company names mentioned on the website may be the trademarks of their respective owners.
COPYRIGHT NOTICE. Copyright Notice: Copyright (c) 2004 -2014 TrustedID, Inc. All Rights Reserved. Except as otherwise provided, TrustedID owns all content contained in this website, including without limitation the information, materials, text, graphics, website design, and the selection, assembly and arrangement thereof ("Content "). The Content is protected by copyright and other laws of the U.S. and other countries and may not be used for any commercial purpose or copied, distributed, displayed, modified, reproduced, performed, published, posted or reverse engineered in whole or in part without the prior written permission of TrustedID. For more information regarding our copyright policies please email email@example.com or send regular mail to General Counsel, 1550 Peachtree Road, Atlanta, Georgia 30309.
IDENTITY THEFT INSURANCE. Certain Products include an identity theft insurance benefit for active users. This identity theft insurance benefit for active users is underwritten and administered by American International Group, Inc. (AIG) and its affiliates under a master group policy issued to Equifax for the benefit of its subscribers. A summary of the terms of coverage are located at https://help.equifax.com/app/answers/detail/a_id/780/. The complete insurance policy is available from Us on request. AIG administers all claims and We shall have no responsibility with respect to such identity theft benefit.
WARRANTY DISCLAIMER. Your membership to the Product is provided as a tool for protecting Your (and Your Partner's) personal information and identity, however, it does not offer a guarantee of information and identity protection. Neither You nor Your Partner should rely on the Product as the only tool or means of protecting Your personal information and identity.
THE PRODUCT IS PROVIDED 'AS IS ' AND WITHOUT WARRANTY OF ANY KIND. TRUSTEDID, AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS (WHICH FOR PURPOSES OF THIS 'WARRANTY DISCLAIMER ' SECTION INCLUDES, WITHOUT LIMITATION, ALL THIRD PARTY SOFTWARE PROVIDERS) HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. TRUSTEDID AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES THAT ANY OF THE PRODUCTS PROVIDED UNDER THIS AGREEMENT WILL BE PROVIDED THROUGH ANY OR ALL OF THE CONSUMER REPORTING AGENCIES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING WARRANTY DISCLAIMER, NEITHER TRUSTEDID, NOR ANY OF ITS REPRESENTATIVES, SUPPLIERS, OR LICENSORS MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE INFORMATION PROVIDED TO YOU OR CONTAINED IN YOUR CREDIT REPORT, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR INACCURACY OF SUCH INFORMATION. FURTHER AND WITHOUT LIMITING THE FOREGOING, TRUSTEDID, AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES THAT (A) THE REPORTING AGENCIES WILL PROVIDE SERVICES, USE INFORMATION, OR OTHERWISE ACT IN ACCORDANCE WITH ANY REQUEST FROM TRUSTEDID OR ITS SUPPLIERS AND LICENSORS, (B) THE REPORTING AGENCIES WILL EMPLOY SECURITY MEASURES THAT ARE SUFFICIENT TO PROTECT INFORMATION PROVIDED TO THEM (INCLUDING YOUR PERSONAL INFORMATION), (C) ANY SECURITY MEASURES THAT ARE EMPLOYED WILL SUCCESSFULLY PROTECT ANY INFORMATION, (D) THE REPORTING AGENCIES WILL MAINTAIN ANY INFORMATION (INCLUDING YOUR PERSONAL INFORMATION) IN CONFIDENCE, OR OTHERWISE NOT DISCLOSE SUCH INFORMATION TO THIRD PARTIES, (E) THE REPORTING AGENCIES WILL CONDUCT THEIR ACTIVITIES IN ACCORDANCE WITH ANY LAW, AGREEMENT, OR POLICY, OR (F) ACCESS TO ALL CONSUMER REPORTING AGENCIES (OR ANY PARTICULAR CONSUMER REPORTING AGENCY) WILL BE INCLUDED WITH RESPECT TO ANY OF THE PRODUCTS PROVIDED UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL TRUSTEDID OR ITS REPRESENTATIVES, SUPPLIERS, LICENSORS (WHICH FOR PURPOSES OF THE 'WARRANTY DISCLAIMER ' SECTION INCLUDES, WITHOUT LIMITATION, ALL THIRD PARTY SOFTWARE PROVIDERS), OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM USE OF THE PRODUCTS. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED WARRANTY, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL TRUSTEDID OR ITS REPRESENTATIVES, SUPPLIERS, LICENSORS, OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLE FOR ANY AMOUNT IN EXCESS, IN THE AGGREGATE OF THE MEMBERSHIP FEES PAID BY FOR USE OF THE PRODUCTS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF TRUSTEDID HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY. You shall indemnify and hold harmless TrustedID and its officers, directors, employees, agents, licensors, suppliers, representatives and any other third-party provider of information or services available through the Product or otherwise available from TrustedID from and against all claims, liabilities, damages and expenses, including, without limitation, reasonable attorneys' fees and expenses, resulting from Your use of the Product, any other products or services available from or through TrustedID or any violation of this Agreement by You.
OTHER RIGHTS. You understand and agree that the Fair Credit Reporting Act allows You to place fraud alerts on consumer reports and to obtain copies of annual credit reports for Yourself without charge. Accordingly, You also understand and agree that Your decision to pay for and receive Products under this Agreement has been made by you as a convenience, and is not legally required.
THIRD PARTY WEBSITES AND SERVICES. This Product may provide, or third parties may provide, links or other access to other sites, services and resources on the Internet and otherwise, including reporting agencies ("Third Party Services "). TrustedID has no control over such Third Party Services and TrustedID is not responsible for and does not endorse such Third Party Services. You further acknowledge and agree that TrustedID shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, content, goods or services available on or through any such Third Party Services.
This Agreement is personal to You and may not be assigned or transferred without TrustedID's consent and any action or conduct in violation of the foregoing shall be void and without effect. TrustedID expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder without Your consent. This Agreement shall be governed by and construed under California law, without regard to its choice of law principles.
Except as otherwise expressly provided in this Agreement, all disputes arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving complex commercial contract disputes, who may or may not be selected from the appropriate list of JAMS arbitrators. If the parties cannot agree upon the identity of the arbitrator within fifteen (15) days following the date, then a single arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS. Any arbitrator so selected shall have substantial experience in complex commercial contract disputes. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute injunctive or other forms of equitable relief at any time in any court of competent jurisdiction. For all purposes of this Section, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.