Terms and Conditions for Full Identity Restoration and Identity Theft Monitoring Services
View our Terms and Conditions
View our Terms and Conditions
Tax Year 2024 Effective Dates: When purchased between November 1, 2024 - April 15, 2025, coverage lasts from the date purchased through April 30, 2026. When purchased between April 16, 2025 - October 31, 2025, coverage lasts from the date purchased through October 31, 2026.
Tax Year 2023 Effective Dates: When purchased between November 1, 2023 - April 18, 2024, coverage lasts from the date purchased through April 30, 2025. When purchased between April 19, 2024 - October 31, 2024, coverage lasts from the date purchased through October 31, 2025.
THESE ARE THE TERMS OF OUR AGREEMENT WITH EACH OTHER. ALL OF IT IS IMPORTANT SO TAKE A FEW MINUTES TO READ IT CAREFULLY. BY ENROLLING AND USING EXPERIAN’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER AT SECTION 11 BELOW. YOU SHOULD READ THAT PROVISION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
YOU UNDERSTAND THAT BY USING THE SERVICE AND/OR WEBSITE(S) YOU ARE ACCEPTING THESE TERMS AND CONDITIONS AND ARE PROVIDING “WRITTEN INSTRUCTIONS” TO CSIDENTITY CORPORATION (A/K/A EXPERIAN PARTNER SOLUTIONS), CONSUMERINFO.COM, INC. (A/K/A EXPERIAN CONSUMER SERVICES), AND THEIR RESPECTIVE SERVICE PROVIDERS, AFFILIATES, EMPLOYEES, AGENTS, SUBSIDIARIES, CONTRACTORS, THIRD PARTY DATA PROVIDERS/SOURCES AND SUPPLIERS, AND ALL OTHER CREDIT REPORTING AGENCIES UNDER THE FAIR CREDIT REPORTING ACT (FCRA), AS AMENDED, INCLUDING, WITHOUT LIMITATION, EXPERIAN INFORMATION SOLUTIONS, INC. (“EXPERIAN CREDIT BUREAU”), TRANSUNION, EQUIFAX AND AFFILIATED ENTITIES, TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE INFORMATION ABOUT YOU WITH EACH SUCH NATIONAL CREDIT REPORTING AGENCY AND OTHER THIRD-PARTY SERVICE PROVIDERS IN ORDER TO VERIFY YOUR IDENTITY AND TO PROVIDE THE PRODUCTS AND/OR SERVICES TO YOU, INCLUDING, BUT NOT LIMITED TO, ADDRESS HISTORY REPORTS, NAME AND ALIAS REPORTS, CRIMINAL OR SEX OFFENDER REPORTS, AND TO PROVIDE MONITORING AND/OR ALERTS TO YOU.
TERMS OF USE
Notice: Your use of our Services, this website, and affiliated websites that directly reference or link to this Agreement (including experiancreditcenter.com, idnotify.com, csid.com, enrollexperianmyfe.com, and employer benefits sites or other third-party sites hosting the Services of which separate Experian terms and conditions do not expressly apply; but not including www.experian.com or associated websites or mobile applications (such as the Experian app) or any content on such websites and mobile applications which are expressly subject to separate Experian terms and conditions) (each a “Website” or “Site” and collectively, “Websites” or “Sites”) means that you have accepted these terms in their entirety, whether you are a "Visitor" (which means that you simply browse or access a Website), or a "Customer" (which means that you have created an account with Experian, or enrolled or registered with a Website, or are accessing or using a Service). If you do not agree with these terms in their entirety, please terminate the service and stop using the Websites. These Terms and Conditions (this “Agreement” or “Terms of Use”) identify what you can expect from us and what we expect from you. For purposes of this Agreement, “Experian” refers to CSIdentity Corporation (a/k/a Experian Partner Solutions, and referred to as Experian on the Websites), its predecessors in interest, successors and assigns, affiliates, and may also include any of its third-party service providers who we use in connection with the provision of the Services to you (including, without limitation, cloud service providers). The terms "we" and "us" mean you and Experian. The terms "you," “your,” and "User" means a Visitor or a Customer. These Terms of Use apply to your use of the Websites and/or your purchase of any products and/or services offered or sponsored by third parties that are provided/fulfilled by Experian, and govern the relationship between Experian and you, even if you have agreed to other or conflicting terms and conditions of third parties associated with this business relationship or the provision of such services and/or products. (For the sake of clarity, these Terms of Use do not apply to your use of www.experian.com, the Experian App, and associated websites which are subject to their own set of terms and conditions.)
For the avoidance of doubt, this Agreement expressly applies to: (a) your access to and use of the Websites; (b) any and all transactions between you and Experian through the Websites, including for the provision of any Services or of any credit, personal, financial or other information delivered as part of or in conjunction with Services; and (c) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Websites.
You may not use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with Experian. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind. Before you continue, you should print or save a local copy of this Agreement for your records.
INTRODUCTION
Please read the following information carefully before using any of the products or services (the “Product(s”) or “Service(s)”) provided by this Website. By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to these Terms of Use and to follow all applicable laws and regulations. If you do not agree with the Terms of Use, do not use the Services and do not use the Websites. We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time without prior notice to you, which modifications and/or updates will be binding on you, and we may refuse to provide you the Services for any reason or no reason at all. However, no unilateral amendment will retroactively modify the parties’ agreed-to dispute resolution provisions of this Agreement for then-pending disputes that already are pending in arbitration or in court, unless the parties expressly agree otherwise in writing. Please check the Terms of Use each time you visit a Site for the most current information.
You must have an email address and provide the same to Experian, and have a compatible browser or mobile application to receive and/or access your Services via the internet, if applicable. As an online (or mobile application) customer, you are agreeing to receive all notifications via email at the email address on file with Experian and/or via push notifications to your device. You are obligated to update the email address on file when your email address changes. In some cases, we require that you “opt in” or provide your affirmative consent to receive emails from us in order to receive Service alerts, notices and other communications from us. Where required, it is your responsibility to provide us with such affirmative consent so that we can provide all of the communications, including alerts of changes to your credit report. However, even if you choose not to provide the affirmative consent, once you have passed authentication, the Websites and all of the valuable features of your membership are still available to you at any time by simply logging in. Accordingly, your membership will continue and the services will remain available whether you provide affirmative consent to receive emails or not.
In the event that Experian is unable to deliver email messages to you, you agree to accept Service notifications in an alternative method, such as direct mail or SMS messages, if available in your Service. If available in your Service, we strongly encourage you to select SMS messaging as an alternative method of receiving notifications and alerts. You may select this method by accessing your member homepage online and changing your Alert Settings. If you opt in to receive SMS messages, you agree to receive SMS messages from or on behalf of Experian to the mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such SMS messages. You further acknowledge and agree that the SMS messages may be sent using an automatic telephone dialing system (“ATDS” or “auto dialer”) and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an auto dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our SMS messages are sent using ATDS. Please note that standard message and data rates may apply. You may unsubscribe from receiving SMS messages directly via SMS by replying “STOP” and may be able to do so through your member homepage online by changing your Alert settings. You consent that following such a request to unsubscribe, you may receive one final SMS message from Experian confirming your request.
The Services may offer features and services that are available to you via our mobile applications or mobile websites, if applicable. Standard messaging, data and other fees may be charged by your carrier. By using the mobile features, you agree to be bound by the terms of this Agreement and further agree that we may bill your carrier (if applicable) for any Services you authorize. You may also purchase services via mobile applications of third parties. Any third-party mobile application purchases shall be governed by the purchase terms and conditions of the third party from which you are purchasing services. You also agree that we may send communications to your mobile device and collect information from your device.
In the event that you 1) fail to complete authentication after being routed through our manual authentication process; or 2) fail to update your email address on file with Experian; or, if applicable 3) fail to provide your affirmative consent to receive email from us, and thus Experian is unable to deliver email messages to you, you nonetheless understand and agree that any paid Service will be fulfilled at the price agreed upon at the time that you placed your order or enrolled in the Service.
PRIVACY AND INFORMATION SHARING
Since it affects your use of the Services, please review our Privacy Policy and Terms of Use. We collect, use and disclose information about you as provided in our Privacy Policy. Our Privacy Policy is located on the Site and is incorporated into this Agreement, and you agree to accept the terms of the Privacy Policy as a condition to your acceptance of this Agreement. If you do not agree to the terms of the Privacy Policy, you should cease accessing and using the Site.
You agree and authorize Experian, its agents and employees, to provide your personally identifiable information (or information about your child you have enrolled) to third parties from time to time as provided in our Privacy Policy. You waive any and all claims against Experian, its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize Experian, its agents and employees to obtain various information and reports about you (or about your child that you have enrolled) in order to perform our services, including, but not limited to, address history reports, name and alias reports, criminal reports, and all other relevant reports.
In consideration of your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or requested to do so by Experian. If any information you provide is untrue, inaccurate or not current, or if Experian has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Experian, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. Experian may, in its sole discretion, retain any information you provide to it about yourself or any minor child you are enrolling, when enrolling in any Service (including any applicable credit card or payment information or other information obtained in connection with the provision of any Service) to assess the validity and accuracy of such information and to verify your or your minor children’s identity. If Experian does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
LIMITATION OF LIABILITY
PAYMENT AND BILLING
In the event that we bill you directly (that is, you are not billed by one of our third-party service providers), you agree that you will make any required payments to us on a timely basis on a monthly or annual basis (as determined by you when you enroll). You authorize us to bill your credit card or other account that you have designated, unless you tell us in advance to cancel your order. In the case of direct payment, you authorize us to: (1) charge your credit card, (2) automatically charge your credit card on a monthly or annual basis for your recurring monthly or annual renewals, as the case may be, and (3) obtain automatic updates for any expiring credit cards you have provided Experian. Monthly or annual fees and renewal fees will be billed at the rate agreed to upon purchase. At cancellation, your Experian account will be de-activated and you will no longer be able to log into our Site and/or have any access to the Services. Except in the case of annual subscription commitments you have agreed to, which shall be nonrefundable, as permitted by law, if you cancel, you agree that fees for the first month of Service and any start-up costs associated with setting up your account (“Start-up Costs”) shall be nonrefundable, as permitted by law. With the exception of any subscription commitments agreed by you, if you paid fees in advance for any period longer than one month, then you may, with the exception of fees for the first month of Service and any Start-up Costs, obtain a refund on a pro rata basis for the period remaining after you cancel. You may cancel your subscription or enrollment for an ongoing paid Service at any time by calling Customer Care or online by logging in and reviewing the “My Account” page, if applicable.
UNSOLICITED IDEA SUBMISSION POLICY
When you provide us with comments, suggestions, or ideas (collectively, “Feedback”), such Feedback is not considered confidential and becomes the property of Experian. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose without compensation to you.
We will assert and retain full ownership of all of your Feedback and any intellectual property rights or other proprietary rights associated with your Feedback. You understand and acknowledge that you are solely responsible for any Feedback you contribute or provide, and you, not Experian, have full responsibility for such Feedback, including, without limitation, its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Feedback you provide us. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Feedback.
INTERNATIONAL USE
You agree to follow all applicable U.S., international (to the extent compatible with U.S.), and local laws, regulations, and rules (“Applicable Laws”) relating to the Internet, data, email, and privacy. Specifically, you agree to follow all Applicable Laws that relate to privacy rights, intellectual property rights, financial and trade sanctions/restrictions/embargoes, and the import/export of information.
You acknowledge that the Services and software underlying such Services are subject to the U.S. Export Administration Regulations and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to any place, entity, or end user not permitted by law. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. and other applicable law.
Unless otherwise specified, the Services made available through the Websites are intended for use by U.S. consumers only. We control and operate the Services from the U.S. and we make no representations or warranties that the information, products or services provided through the Services or the Websites are appropriate for access or use in other jurisdictions. Those who access or use the Services or the Websites from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable U.S. and local laws and regulations, including but not limited to export and import regulations. Notwithstanding the above, we reserve the right to limit the availability of the Services or the provision of any Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
FAIR CREDIT REPORTING ACT
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 Site 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. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) 322-8228 or by using the mail request form available at the central source Website.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, 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. For Illinois residents, 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. Otherwise, a consumer credit 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 ANY OF THE CREDIT BUREAUS 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 Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact such entities as follows:
Experian: 1-800-EXPERIAN (1-888-397-3742)
Equifax: 1-800-685-1111
TransUnion: 1-800-916-8800
APPLICABLE LAW
We perform the Services through our corporate headquarters located in the State of Texas. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Texas, regardless of Texas conflict of laws. Subject to Section 11 below (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Travis County, Texas for any dispute or litigation arising out of, relating to, or the use or purchase of Services from Experian.
ARBITRATION
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
SUMMARY:
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING EXPERIAN CUSTOMER SERVICE DEPARTMENT AT 1-855-962-6943. IN THE UNLIKELY EVENT THAT EXPERIAN CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION (OR IF EXPERIAN HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. EXPERIAN WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND EXPERIAN WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
Arbitration Agreement:
(a) Experian and you agree to arbitrate all disputes and claims between us arising out of or relating to this Agreement to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us arising out of this Agreement, or relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to "Experian," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates (including, without limitation, our service providers), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Experian are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Experian should be addressed to: General Counsel, Experian, 475 Anton Boulevard, Costa Mesa, CA 92626 ("Notice Address"). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Experian ("Demand"). If Experian and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Experian may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Experian or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Experian is entitled.
You may obtain more information about arbitration from www.adr.org.
(c) After Experian receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, Experian will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including, but not limited to, (i) all issues regarding arbitrability, (ii) the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, and (iii) whether you or Experian, through litigation conduct or otherwise, waived the right to arbitrate. The arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is unenforceable, void or voidable, including but not limited to, on grounds of unconscionability, (i) any dispute regarding the payment of arbitration-related fees, (ii) any dispute related to the dispute Notice provisions in subparagraph (b) (above), and (iii) any dispute related to Mass Arbitration (defined below). Pursuant to this Agreement, the arbitrator has been delegated with, and possesses, exclusive authority to resolve all of the above-enumerated types of disputes. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless Experian and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, Experian will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Experian for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND EXPERIAN 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 Experian agree otherwise (including, but not limited to, as set forth in the procedures in subsection (g) below), 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 to the maximum extent permitted by law. The arbitrator may award 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. If the entirety of this paragraph is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this paragraph is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of this paragraph enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration as permitted by law.
(g) YOU AND EXPERIAN AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.
(1) For purposes of this Agreement, “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.
(2) In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, you and Experian agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, you and Experian agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement.
(3) You and Experian agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration.
(4) If any part of this paragraph (g) is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this paragraph (g) and this agreement shall be enforced to the maximum extent permitted by law.
(5) If the arbitration provider is unwilling or unable to follow the procedures set forth in this paragraph (g) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration organization that will agree to follow the procedures set forth in this paragraph (g). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those demands within the Mass Arbitration.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY PROVIDERS OF INFORMATION OR SERVICES TO THE APPLICABLE SITE(S) FROM AND AGAINST ALL LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCLUDING BUT NOT LIMITED TO CLAIMS RESULTING FROM YOUR USE OF THE SERVICES, ANY VIOLATION OF THESE TERMS OF USE, YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS, EXPERIAN’S USE OF YOUR INFORMATION, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OR OTHER RIGHT OF ANYONE. IN THE EVENT THAT WE ARE SUBJECT TO ANY CLAIM FOR WHICH WE HAVE THE RIGHT TO BE INDEMNIFIED BY YOU, WE WILL HAVE THE RIGHT TO, AT YOUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIM, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
MEMBERSHIP ENROLLMENT
In order to become a member of the Service, you must (i) agree to the terms and conditions of this Agreement, (ii) be of a legal age to form a binding contract with Experian and provide your date of birth, (iii) provide a valid U.S. Social Security number, (iv) have and provide a valid land address within the United States; and (v) provide a valid email address. In other limited circumstances, you may need to provide a valid telephone number in order for Experian to process your order. You will also be required to provide valid credit card information, unless you are redeeming your membership through the use of an activation/promotional code (the validity of which and your eligibility for which is entirely at the discretion of the party that offered or provided it to you). For certain Services and/or channels where Services are offered, we reserve the right to accept or decline some forms of payment, including, but not limited to “pre-paid” or “re-loadable” credit/debit cards.
One feature of the Services is credit monitoring. Your order is conditioned upon successful enrollment in Experian's credit monitoring program. If Experian is not able to enroll you in its credit monitoring program, your order will not be processed and/or will be cancelled.
If you enroll in a service that includes credit monitoring only from Experian Credit Bureau, we request only Experian Credit Bureau to enroll you in its credit monitoring program. In the event that you enroll in a service that includes three bureau credit monitoring (monitoring credit files at three credit bureaus), Experian Credit Bureau, and/or TransUnion® and/or Equifax®, and one or more of the credit bureaus are able to enroll you in their credit monitoring program, 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 credit monitoring program. While we will attempt to enroll you in monitoring at all three bureaus, we do not control the enrollment process for the credit bureaus and we are not responsible for your enrollment at any of the three bureaus. We will notify you in the event that fewer than all three credit bureaus enroll you in credit monitoring. However, you will not receive a price reduction, discount or refund if you are enrolled in fewer than all three credit bureaus.
YOUR PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately. EXPERIAN WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
Multi-factor authentication (“MFA”) (if available to you in your Service) leverages a combination of factors (including IP Reputation Assessments, Anonymous proxy/ or browser usage, IP Location, Geo-velocity checks, and Device Identification/known device detection) to assess whether a second factor of authentication is required, and if so, a one-time passcode is delivered to you via SMS/text message, phone call, email, or potentially other methods. Messaging, phone, and data rates, and other fees may apply. While MFA generally adds an additional layer of additional security, it is not infallible or impenetrable. Services may not be available at all times. You acknowledge and agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by or resulting from your inability to access or use MFA during any downtime or discountenance of the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the use of MFA or supply any corrections, updates, or releases in connection therewith.
TERMINATION OF RELATIONSHIP
PASSWORD MANAGER, SAFE BROWSER, AND SECURE VPN (AKA DIGITAL PRIVACY OR PRIVACY EXPERT)
(Applicable only if Password Manager, Safe Browser, and/or Secure VPN are available to you in your Service. These products are sometimes referred to as “Digital Privacy” or “Privacy Expert.”)
IDENTITY HEALTH SCORE
(Applicable only if Identity Health Score is available in your Service)
FINANCIAL TRANSACTION MONITORING
(Applicable only if Financial Transaction Monitoring is available in your Service)
ABOUT VANTAGESCORE®
(Applicable only if VantageScore is available in your Service)
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.
ABOUT FICO®
(Applicable only if FICO® Scores are available in your Service)
FICO® Scores are developed by Fair Isaac Corporation. The FICO® Score provided by Experian through applicable Services is based on FICO® Score 8, unless otherwise noted. Many but not all lenders use FICO® Score 8.
In addition to the FICO® Score 8, we may offer and provide other base or industry-specific FICO® Scores (such as FICO® Auto Scores and FICO® Bankcard Scores). The other FICO® Scores made available are calculated from versions of the base and industry-specific FICO® Score models. There are many different credit scoring models that can give a different assessment of your credit rating and relative risk (risk of default) for the same credit report. Your lender or insurer may use a different FICO® Score than FICO® Score 8 or such other base or industry-specific FICO® Score, or another type of credit score altogether. Just remember that your credit rating is often the same even if the number is not.
For some consumers, however, the credit rating of FICO® Score 8 (or other FICO® Score) could vary from the score used by your lender. The statement that “90% of top lenders use FICO® Scores” is based on a third-party study of all versions of FICO® Scores sold to lenders, including but not limited to scores based on FICO® Score 8. Base FICO® Scores (including the FICO® Score 8) range from 300 to 850. Industry-specific FICO® Scores range from 250-900. 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 FICO® Score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies — the Experian® credit bureau, TransUnion® and Equifax® — that maintain a record of your credit history known as your credit report. Your FICO® Score is based on the information in your credit report at the time it is requested. Your credit report information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your FICO® Score can vary if the information they have on file for you is different. Since the information in your report can change over time, your FICO® Score may also change.
FICO® Score Planner (Applicable only if available in your Service). If made available in your Service, you may access and use the FICO® Score Planner, a Service that is designed to enable you to set a target FICO® Score goal and a desired time duration to reach your FICO® Score target goal. By using the Service, you consent to our use of your current FICO® Score and credit report, along with your input regarding your FICO® Score goal and desired time duration, to be analyzed by the FICO® Score Planner algorithm, which produces a set of potential actions you can take to help reach your target FICO® Score goal (“FICO® Score Planner Recommended Actions”). You acknowledge that any FICO® Score Planner Recommended Actions provided pursuant to the Service are for information purposes only and should not be relied on for transactional purposes. Insights and recommendations included in the FICO® Score Planner Recommended Actions are based upon the information you provide us in your FICO® Score goal input, information in your credit report, and current best practices for improving your FICO Score; following the FICO® Score Planner Recommended Actions does not guarantee you will reach your target FICO® Score goal and may have negative consequences. The FICO® Score Planner (including all planning functionality and recommendations) is based on the particular FICO® Score model(s) made available to you.
EXPERIAN CREDITLOCK
(Applicable only if Experian CreditLock is available in your Service)
By requesting an Experian CreditLock to be placed on your behalf, you are requesting to restrict most third-party access to your Experian Credit Bureau credit report (your “Experian credit report”). You acknowledge that your Experian credit report, when locked with Experian CreditLock, may still be accessible by third parties in certain instances deemed to be low-risk by Experian, including access to your Experian credit report by the following third parties: (1) You, as part of any Service offering Experian CreditLock as a benefit; (2) potential employers or insurance companies; (3) companies that have an existing credit relationship with you; (4) collection agencies acting on behalf of companies or individuals on a debt you may owe and related collection activities; (5) personalized credit opportunities and other offers for products or services that may be available to You through Experian or through unaffiliated third parties, such as credit card offers, if you choose to receive them; and (6) companies providing pre-screened credit card offers. Please understand that your Experian credit report will be unlocked if you cancel a Service that includes Experian CreditLock as a benefit, or downgrade to a Service that does not include Experian CreditLock as a benefit. You may also be able to temporarily unlock your Experian credit report while engaging in certain Experian or third party transactions, whereby the existing lock on your Experian credit report will be lifted temporarily (after you successfully complete an authentication process) and then automatically restored after a specified amount of time or specified condition is satisfied in order to allow access to your credit report that would otherwise not be permitted with the lock in place (a “Temporary Unlock”). By authorizing a Temporary Unlock, you do so at your sole discretion and with the understanding that your credit report will be accessible during the Temporary Unlock as it ordinarily would be without a CreditLock in place. Such Temporarily Unlock(s) are provided for your convenience, are subject to this Terms of Use, and may be subject to our Credit Freeze disclosures and the terms and conditions of third parties you are engaging with, for example, as part of an application for a credit opportunity with a partner.
Your Experian CreditLock will restrict delivery of your Experian credit report only, and does not apply to your TransUnion or Equifax credit report. To lock or place a security freeze on your Equifax or TransUnion credit report, you will need to contact those bureaus directly. While Experian CreditLock may include some functionality similar to security freeze programs required under certain laws, you acknowledge that Experian CreditLock is a separate service from, and not equivalent to, such security freeze programs. However, by authorizing a Temporary Unlock, you are also authorizing a Temporary Freeze Lift if your credit report is subject to a freeze. For more information about the Experian security freeze program and Temporary Unfreeze feature, please review the section of this Terms of Use entitled “Experian Security Freeze” and/or contact Experian at https://www.experian.com/freeze/center.html or 1-888-EXPERIAN.
Scheduled Lock (Applicable only if available in your Service). If made available in your Service, you may schedule a single instance of a future lock (or unlock) of your Experian credit report within certain specified timeframes on a specific date. The timing of a scheduled lock (or unlock) is determined by when you make your request. For example, if you schedule a future lock in twenty-four (24) hours, our systems will attempt to place such lock on your Experian credit report twenty-four (24) hours from the time of your request. If we encounter any issues attempting to place your scheduled lock (or unlock), please note that our systems may re-attempt your request within a set timeframe (generally within three (3) hours after you requested the lock or unlock to be placed) before notifying you of a failure to place your scheduled lock (or unlock).
EXPERIAN CREDIT FREEZE
If you are requesting a security freeze be placed on your Experian credit report, you are requesting to restrict access to your Experian credit report by third parties. Experian Security Freeze will restrict access to your Experian credit report only and will not apply to your TransUnion or Equifax credit report. To place a security freeze on your Equifax or TransUnion credit report, you will need to contact those bureaus directly.
During certain transactions with Experian or third parties, you may be given an opportunity to temporarily lift a freeze on your Experian credit report (after you successfully complete an authentication process), whereby the existing freeze on your Experian Credit Bureau credit report will be lifted temporarily and then automatically restored after a specified amount of time or specified condition is satisfied in order to allow access to your credit report that would otherwise not be permitted with the freeze in place (a “Temporary Freeze Lift”). By authorizing a Temporary Freeze Lift, you do so at your sole discretion and with the understanding that your credit report will be accessible during the Temporary Freeze Lift as it ordinarily would be without a freeze in place, and you acknowledge receipt of Experian’s disclosures related to Experian Security Freeze. Such Temporarily Freeze Lifts are provided for your convenience and may be subject to the terms and conditions of third parties you are engaging with, for example, as part of an application for a credit opportunity with a partner. For more information about security freezes, including how to place or lift a freeze, who can access your frozen credit report, and additional disclosures, please visit https://www.experian.com/freeze/center.html and https://www.experian.com/blogs/ask-experian/credit-education/preventing-fraud/security-freeze/.
A security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent; however, using a security freeze may delay, interfere with, or prohibit the timely approval of any subsequent requests or applications regarding a new loan, credit, mortgage, insurance, government services or payments, rental housing, employment, investment, license, cellular phone, utilities, digital signature, Internet credit card transaction, or other services, including an extension of credit at point of sale. A security freeze does not prevent certain allowable information requests. View your rights.
Please note the Experian security freeze program is a separate service from, and not equivalent to, Experian CreditLock. For more information about Experian CreditLock, please review the section of this Terms of Use entitled “Experian CreditLock.”
DIGITAL IDENTITY MANAGER™ (aka Data Broker Removal)
(Applicable only if Digital Identity Manager is available in your Service)
You authorize Experian to send your personal information from your account profile on a one-time, periodic or recurring basis to its service provider(s) in order for them to store and use your information to perform searches or scans for your information on the covered people finder sites listed within the service (“Personal Privacy Scans”), to return results of such scans for your review, and to request removal of your information on your behalf when records are found (“Automated Opt-Out Requests”) (if and to the extent available within your subscription and activated by you). Personal Privacy Scans (beyond an initial free scan that may be initiated by Experian pursuant to this consent), recurring scans, and the Automated Opt-Out Requests may only be available with certain paid subscriptions or services. You acknowledge that Personal Privacy Scans involve the inputting, searching, and/or communication of your information to the third party people finder sites in order to determine if your information is stored on or by the covered sites, and you agree to such use of your personal information. The list of covered people finder sites is subject to change without notice. Experian may select which people finder sites to scan from the full list of available sites and may vary such selection on a scan-by-scan basis at its (or its service provider’s) sole discretion. By activating the Automated Opt-Out Requests, you explicitly authorize Experian and its service provider(s) to attempt on your behalf, as your authorized agent, to effectuate data subject access requests and to have your information removed from the covered sites where your information is found. While some removal requests will be automated on your behalf, you acknowledge that such removal requests are not automatically granted, are not guaranteed to be successfully communicated, and may not be honored by all covered sites under all circumstances and for reasons outside of our or our service providers’ control. The status of any removal attempts will be displayed in your account dashboard. You may need to manually request removal of your information from particular covered sites if/when a removal request is not successful or is not honored. Attempts to remove your information may be subject to the terms and practices of each covered site, are at the discretion of the covered sites, and may not result in the complete deletion of your information from all of a covered site's systems and databases. Paid Digital Identity Manager features or services can be cancelled by changing to a subscription that does not include the features or services or by cancelling any standalone Digital Identity Manager offerings. Please understand that by cancelling such paid features or services, your recurring scans and Automated Opt-Out Requests will be terminated (although pending requests may be attempted for a limited time post-cancellation). By cancelling, you may still be eligible for and provided with a free scan occasionally, at the sole discretion of Experian.
SPECIAL NOTE FOR EMPLOYER-PROVIDED BENEFITS PROGRAMS
(Applicable only if you enrolled in the Services using an employer-provided benefits program)
Please note that if you enrolled in these Services using an employer-provided benefits program or other third-party promotion, you understand and agree that you may be charged for the Services using a payroll deduction process managed by your employer. Please contact your employer with any questions regarding your payroll deduction process or your eligibility for use of the Services. You further understand and agree that the Services may be terminated at any time if you are deemed ineligible for the Services by your employer. Such eligibility determination may be made by your employer in its sole discretion, which may include, without limitation, ineligibility for continued use of the Services due to voluntary or involuntary termination of your employment. If you modify your benefits election, such as electing a different price and bundle offered by your employer, please note that delivery of your Services may be modified accordingly.
DIGITAL FINANCIAL MANAGER™
(Applicable only if Digital Financial Management is available in your Service)
OTHER FEATURES
(Not all versions of IDnotify include the same features. Depending on which version of the product you enroll in, you may or may not receive a particular service or feature, or a particular type of credit score and each may require you to take action to activate it. Please consult the associated Product literature and/or Website for included Services/Product features. If you are already a member, please log in to the Website for your applicable Services/Product features. Each of the below are only applicable to the extent available with your Service.)
1. Alerts. This feature of the Product will send you an "alert" if (i) key changes are detected on your Experian Credit Bureau (and where applicable TransUnion and Equifax) credit reports; (ii) when the Internet Scan feature (where applicable) detects your Social Security number, debit card number, credit card number, and potentially other information on the Internet; or (iii) (where applicable) when the United States Postal Service® receives a request for a change of your residential address.
2. Credit Monitoring Alerts. This feature seeks to monitor key changes in your credit file at Experian Credit Bureau. Experian requests that Experian Credit Bureau enroll you in its credit monitoring program. In the event that you order a Product that includes three bureau credit monitoring, Experian requests that Experian Credit Bureau, Equifax, and TransUnion enroll you in their credit monitoring programs. You will only receive alerts for key changes made to the credit reports for which you are enrolled in credit monitoring. If you are not enrolled in credit monitoring at a credit bureau, you will not receive alerts to changes on those reports. You understand that there may be situations where we, Experian Credit Bureau, or the other credit bureaus are not able to enroll you in monitoring programs in a timely fashion or at all, and if you are enrolled, there may be situations where you remain enrolled for a period of time after you cancel the Services.
3. Internet Scan Alerts. The Internet Scan feature scans the Internet for your Social Security number and up to three debit or credit cards (and potentially other information if made available). We will not automatically scan the internet for your personal information. You must activate the Internet Scan feature via the Website. If you do not activate this feature, your social security number, debit card(s) or credit card(s) will not be monitored on the web. You must provide us with the information that you would like for us to monitor and scan on the internet in areas known for criminal activity. We will send you an alert if your information is detected in the method chosen by you and as made available, such as email, United States Postal Service, or SMS mobile text message. The Internet Scan feature is provided by Experian and a third-party vendor. Because the internet is vast and information can be difficult to match, neither Experian nor its vendor guarantee that Internet Scan will detect all improper use of your information.
4. United States Postal Service® Change of Address Monitoring and Alerts. This feature checks for changes to your registered mailing address and alerts you if an address change is detected. The following trademarks are owned by the United States Postal Service: NCOA and United States Postal Service. NCOALink processing is performed by a non-exclusive licensee of the United States Postal Service.
5. Experian Credit Bureau Credit Report. Upon successful enrollment, you will receive your Experian Credit Bureau credit report. In some cases, you may receive a VantageScore® Score with your Experian Credit Bureau credit report.
6. Lost Wallet. This feature allows you to contact Customer Care and work with our fraud resolution agents if your medical ID insurance card, credit and debit cards are lost, stolen or misused without your authorization. Our fraud resolution agents will assist you in determining which cards are missing, pulling your credit report to determine which cards are affected by the loss or theft, placing a block on the cards, cancelling the cards, and getting new cards reissued in your name. In some cases, the card issuer may not allow our fraud resolution agents to cancel and/or reissue your credit or debit card without you on the call. If this happens, we will request that a block be placed on that card and notify you to contact your card issuer directly.
7. Social Security Monitoring. If you enroll in a Product that includes social security monitoring or tracing (sometimes referred to as “SSN Trace”), you represent and warrant to us that you will use such services (or any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.
8. Fraud Resolution Assistance. There are certain steps that you must follow in order to obtain assistance from a fraud resolution agent. These steps include contacting Customer Care. Additional information about requesting fraud resolution assistance can also be found on the Website.
If you contact us regarding fraud resolution, you are agreeing to permit Experian or its service providers to order a copy of your credit report for any purpose relating to your request for assistance. "Identity Theft" means that your name, address, Social Security number, credit card, debit card or other personal identifying information was lost, stolen or was used without your knowledge or approval to commit fraud or other crimes.
THE FRAUD RESOLUTION FEATURE IS DESIGNED TO HELP YOU IN CONNECTION WITH RESOLUTION OF AN IDENTITY THEFT THIS PRODUCT IS PROVIDED TO ASSIST WITH RESOLUTION AND IS SEPARATE FROM ANY AND ALL PRECAUTIONS YOU SHOULD REASONABLY BE EXPECTED TO TAKE, INCLUDING PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER PERSONALLY IDENTIFYING INFORMATION. EXPERIAN'S FRAUD RESOLUTION ASSISTANCE DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT AND/OR THE CONSEQUENCES OF IDENTITY THEFT.
BY USING THE FRAUD RESOLUTION SERVICE, YOU EXPRESSLY AUTHORIZE EXPERIAN, INCLUDING ITS AGENTS, INDEPENDENT CONTRACTORS, ASSIGNS OR OTHER EXPRESSLY AUTHORIZED THIRD PARTIES, TO COMMUNICATE WITH THIRD PARTIES, INCLUDING CREDITORS AND CREDIT BUREAUS, ON YOUR BEHALF REGARDING THE FRAUD INCIDENT.
Experian, including its agents, independent contractors, assigns or other expressly authorized third party, reserves the right to make an independent investigation of the facts and circumstances related to any fraud resolution assistance request, including making contact by telephone, email, United States Postal Service or otherwise, to any service provider or any other person or entity that Experian deems necessary, in its sole and absolute discretion, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your fraud resolution assistance request.
Experian reserves the right to request that you provide corroborating evidence of the unauthorized transaction, Identity Theft or other facts related to your fraud resolution assistance request, including signed affidavits, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that we may deem necessary and reasonable. Further, Experian reserves the right to refuse any fraud resolution assistance request or provide any fraud resolution assistance in the event you fail or refuse to provide us with any requested corroborating evidence related to a possible Identity Theft.
Experian reserves the right not to provide you with any fraud resolution assistance in the event Experian determines that you knew, or should reasonably have known, of an act of Identity Theft that commenced prior to your membership. If at any time you cancel your membership, Experian is no longer obligated to provide any additional fraud resolution assistance.
9. Identity Alerts and Internet Surveillance Scans (aka CyberAgent® Dark Web Monitoring) – Additional Terms.
Disclaimer. Because the Internet is vast, Experian, and its service providers cannot guarantee that “Identity Alerts” or “Dark Web Surveillance” (if available in your Product), including any internet surveillance scans and reports, will detect all possible instances of identity theft and/or potentially fraudulent, or otherwise improper or unnecessary use of your information. You acknowledge that Experian, and its service providers, use your personal information to the extent necessary to perform a scan or scans of applicable websites and databases, and provide you with an opportunity to view the results of such scans. Certain information contained in Identity Alerts may be obtained from criminal activities monitored on the Internet. Because of the dynamic nature of this data, the exchange platforms, and the fact that it may have been obtained from criminals, among other considerations, Experian and its service providers cannot guarantee the accuracy or completeness of the Identity Alerts provided. Please understand that the third-party databases monitored to enable Identity Alerts are subject to change.
Accuracy of Your Personal Information. As a condition for using and receiving Identity Alerts, you acknowledge and agree that you will keep any personal information required to enable the applicable Identity Alert accurate and current, including without limitation, your name, address, date of birth, e-mail address, telephone number, social security number, driver’s license number, and financial account numbers (e.g. credit or debit card numbers, if applicable).
10. CHILD MONITORING.
Scope of Products. If made available in your Product, the Child Monitoring that will be performed is different than monitoring for persons over the age of eighteen (18). Please reference details provided at the time of enrollment for more information on the type and scope of Child Monitoring offered as part of your Product.
Certification as Parent or Guardian. A “Child” is defined as a minor under the age of eighteen (18). We will provide information about a Child only to the Child’s parent or legal guardian. You certify that you are the parent or legal guardian of each child whom you have named on the Child Monitoring enrollment forms and that you understand and agree that enrollment may require Experian and/or its service providers to obtain information about those children from a credit reporting company, if applicable, that all information you provide about such children is true and accurate, and that any information about those children that you obtain from Experian and/or its service providers will be used solely for the purpose of protecting against or preventing actual or potential fraud with respect to the children whom you are enrolling or have enrolled in Child Monitoring. PROVIDING FALSE INFORMATION AND/OR USE OF THIS SERVICE FOR ANYTHING OTHER THAN THE INTENDED PURPOSES IS STRICTLY PROHIBITED AND MAY SUBJECT YOU TO CRIMINAL OR OTHER PENALTIES.
Proof of Guardianship. Experian and/or its service providers may require, at their sole discretion, the parent or legal guardian to prove guardianship in order for the parent or legal guardian to receive the details on a Child’s monitored information or request fraud resolution, which may include, but is not limited to, the Child’s Social Security card and birth certificate, valid proof of identification, proof of residence, and/or a similar federal or court produced document demonstrating such relationship.
Automatic Unenrollment Prior to 18th Birthday. An enrollee in the Child Monitoring service is no longer considered a Child when the enrollee reaches his or her eighteenth (18) birthday and Experian and/or its service providers reserve the right to automatically unenroll any Child enrolled in Child Monitoring within seven (7) days before their eighteen birthday, based on the date of birth information provided by you in the enrollment process. After that time period, you will not receive monitoring of any sort regarding that Child.
MISCELLANEOUS