Revised April 8, 2016
Welcome to this web site.
MyFreeScoreNow Inc (hereafter "MyFreeScoreNow.com" or "MFSN") is in a PRIVATE LABEL relationship with ConsumerDirect Inc ("ConsumerDirect") for the purpose of providing many of the services available to users of this web site.
These Terms & Conditions ("Terms") are made between you and MFSN. Your agreement to these Terms forms a legally binding agreement between you and MFSN. The companies that provide the Materials or the Services to us or to you as described further below include but are not necessarily limited to, ConsumerDirect, Inc., and TransUnion Interactive, Inc. ("TUI"). By your use of this web site, you also agree to be bound by the terms and conditions herein of the providers of the Materials or the Services of this Site including ConsumerDirect, Inc., TUI, and any other service providers that are ancillary or necessary to provide the products and services available through this web site.
In the event there is any conflict between the terms and conditions of the providers of Materials and Services to the web site and the Terms and Conditions of MFSN as contained below, the terms of MFSN shall control.
In conjunction with MFSN's Private Label relationship with ConsumerDirect, this web site provides an all-in-one Membership that includes the Smart Credit Report, all your Scores, Credit Monitoring, Identity Alerts and Money Management all tied together with Action buttons direct-to-your-creditors for any questions, problems or requests.
MyFreeScoreNow.com a paid subscription service that provides ongoing services to our members which include, but are not limited to, credit report monitoring and credit score tracking services, we send email alerts to members of certain significant changes to the member' personal credit information, and we provide our members the ability to place a secure order for a copy of their own personal credit score(s) and credit report(s). In addition, through Members who are active and in good standing can securely access and view the information we make available to them over the Internet on our web site(s) via certain Internet-connected computers. Smartphones, and other device. If you enroll in the subscription services offered on this web site, or your order your personal credit score and credit report or you purchase a product from this web site, such order or purchase will be governed by the Terms & Conditions set forth herein.
Please read the following information carefully before using this web site. By accessing or using the web site, you acknowledge that you have read, understood, and agree to the Terms & Conditions and to follow all applicable laws and regulations. If you do not agree with the Terms & Conditions, do not use this web site. We reserve the right, in our sole discretion, to modify or update these Terms & Conditions at any time. Please check the Terms & Conditions each time you visit our web site for the most current information.
This website offers one or more products and services. These products and services are offered at several web addresses or URLs, such as MyFreeScoreNow.com, SmarterScores.com, SmarterScore.com, MyFreeScoresNow.com, and others. Those URLs, individually and collectively, are referred to in these Terms and Conditions as the 'Sites.' We use the terms 'you' and 'your' to include any person who accesses the Sites, obtains Materials (defined below), or purchases or acquires any product or service offered on the Sites ('product(s)' and 'service(s)' collectively referred to as the 'Services') for any amount of time. We use the terms 'we', 'us' and 'our' to refer to MyFreeScoreNow Inc ("MFSN," "we," "us," "our" or similar pronoun). MyFreeScoreNow Inc operates the Sites; our employees, members, officers, partners, subsidiaries, affiliated entities, representatives, attorneys, and agents.
The companies that provide the Materials or the Services to us or to you, include but are not necessarily limited to, ConsumerDirect, Inc., and TransUnion Interactive, Inc. ("TUI"). All such companies that provide Materials and Services to you on our behalf are referred to collectively in this Agreement as the "Service Providers". We use the term "Materials" to mean any data or information about you that we provide to you on any web page, email, text message, instant message, or printed page, including full and partial reports and summary alerts, as full or partial fulfillment of the Services.MFSN and its subsidiaries such as SmarterScores LLC, affiliates, divisions, contractors and all data sources and suppliers, all of which are collectively referred to herein as "MFSN."
YOUR USE OF THE SITE, CONTENT AND SERVICES BEING PROVIDED TO YOU ARE SUBJECT TO THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THEM CAREFULLY. YOUR ACCEPTANCE AND USE OF THE SERVICES CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE THE SERVICES OR ANY OF THE INFORMATION WITHIN THE SERVICES; DISCARD THE SERVICES YOU RECEIVED IMMEDIATELY AND CALL CUSTOMER SERVICE TO CANCEL YOUR MEMBERSHIP. MOREOVER, IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, THE SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE.
These Terms are made between you and MFSN, the providers of this Site. Your agreement to these Terms forms a legally binding agreement between you and MFSN. The Site, all products offered on this Site, including but not limited to the membership-based products (including, but not limited to, the Credit Reports) and non-membership based services (collectively, the "Services"), are subject to these Terms that may be updated from time to time. Any information or data about you that we provide to you on any web page, email, text or printed page, including full and partial reports and summary alerts as full or partial fulfillment of the Services, all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements to the Site (collectively, the "Content") are subject to these Terms and Conditions, which may be updated from time to time at the sole discretion of MFSN. Please check this Site regularly for updates to these Terms. Each time you order, access or use any of the Services, Site and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Terms.
USE OF THIS SITE
The information on this Site is intended as a convenience and a service for MFSN's customers and potential customers. You are not permitted to restrict or inhibit any other user from using or enjoying this Site. The copying, framing, mirroring, scraping or data-mining of this Site or any of its Content in any form or by any method is strictly prohibited. Access to this Site does not grant you any right, license or privilege to reproduce, publish or use any material on this Site or any property of MFSN except as expressly set forth herein. Any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other materials you transmit to us through s or this Site will become our property and may be used by us at any time and for any purpose, without restriction, unless otherwise agreed by MFSN. In your use of this Site, you shall not knowingly nor negligently transmit any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.
USE OF THE SERVICES
In consideration of your use of the Content and Services, you agree to provide true, accurate and current information about yourself as prompted by the applications forms on this Site. You certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if MFSN has reasonable grounds to suspect that such information is untrue, inaccurate or not current, MFSN, at its sole discretion, has the right to suspend or terminate your use of any Services and refuse all current or future access to the Content and use of the Services or suspend or terminate any portion thereof. Further, you agree that MFSN will not be liable to you or any third party if MFSN suspends or terminates your access to the Content or Services for any reason.
MFSN obtains credit information used to prepare Credit Reports from the three national credit repositories (Equifax, Experian, and TransUnion) through relationships with one or more third party service providers including ConsumerDirect, Inc. and TransUnion Interactive, Inc ("TUI"). The Credit Reports MFSN provides are intended to furnish you with information that you may not otherwise have readily available to you, but should not be relied upon for important personal and financial decisions. You should consult your own professional adviser for specific advice tailored to your personal situation. You agree that MFSN has no liability for information (accurate or inaccurate) in any of your Credit Reports. The Services consist of the products and services described on the Site and include but are not limited to all products and services provided on a recurring, subscription basis ("Subscription Services") or as a one-time transaction ("Transactional Services"). You acknowledge and agree that MFSN obtains Content from the Service Providers. You Agree that MFSN and the Service Providers have no liability for any information (accurate or inaccurate, complete or incomplete) in the Content or any Credit Reports or Scores provided to you as part of the Services.
How To Cancel Your Enrollment in the Services
You may terminate your enrollment in Services at any time by (1) calling us during our posted business hours at the toll-free number that appears on the web site, using Contact Us, and if you do not have access to a phone, you may terminate by writing us at PO Box 3453, Thousand Oaks, CA 91359 requesting termination. To protect the security of your account, you may not cancel via email to us. Sorry, we do not provide prorated refunds.
Important Information Regarding your Authorization to Charge your Credit or Debit Card
By submitting your order, you authorize MFSN to automatically charge your credit card or debit your bank account the stated enrollment or transaction amount and/or processing fees, and for membership services only, the state amount per month after your free trial has expired. Your enrollment in the Services will continue month-to-month unless and until you call us to cancel at 1-(888) 548-2008 or MFSN terminates your enrollment.
To cancel your credit monitoring membership, you must call our Customer Service Center toll-free at 1-(888) 548-2008 during the business hours listed on the web site and/or on the Contact Us page, or send a letter via US Postal Service to: MyFreeScoreNow Inc. PO Box 3453, Thousand Oaks, CA 91359. To protect the security of your account, cancellations sent via email, fax, or courier will not be accepted. If you do not cancel before the expiration of the free trial period, your credit or debit card will automatically be charged the then current and applicable monthly fee. You will NOT receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. We will continue to bill your credit or debit card for your membership fee each month until you cancel. Payments are non-refundable and there are no partial refunds or credits for partially used monthly membership periods. Refer to the Terms and Conditions for additional membership information
Sorry, payments are non-refundable and there are no partial refunds or credits for partially used monthly membership periods. Also, payments are non-refundable for the purchase of any Transactional Services including, but not limited to, the purchase of a new or updated 3-Bureau Credit Report or for the purchase of a new or updated 1-Bureau Credit Report. Following any cancellation, you will no longer be able to log in to the secure members area of the web site or be able to access the services. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
How we may contact you
We may communicate with and to you at the email address or phone number you provided at the Site. If you have not provided a valid email address, we have the option, but not the obligation, to communicate with you at any postal address that we reasonably believe is your address. You agree that all such notices and other communications that we provide to you via email or on the Site satisfy any legal requirement that such communications be in writing.
You must have an email address and a Java-compatible browser to receive your Services online. As an online customer, you are agreeing to receive all notifications via email at the email address on file with MFSN. To ensure receipt of all notifications, service alerts, and other important messages related to your account, you are obligated to confirm the validity of your email address by following any directions MFSN provides you. Additionally, you are obligated to update the email address on file when your email address changes. In the event that CIC is unable to deliver email messages to you, you agree to accept product notifications in an alternative method. All service alerts are also accessible on your account in the secure Members Area. In the event MFSN is unable to deliver email messages to you, you agree that the Services will be fulfilled at the price agreed upon when you placed your order.
MFSN may use your personal information to the extent necessary to process your order and/or engage in business maintenance. You understand that by submitting your order you are providing "written instructions" in accordance with the Fair Credit Reporting Act, as amended (the " FRCA "), for MFSN to obtain information from your personal credit profile from any consumer reporting agency. You also authorize MFSN to access your personal credit profile to verify your identity and to provide credit monitoring, reporting and scoring products.
YOU UNDERSTAND THAT IT MAY BE A VIOLATION OF FEDERAL AND/OR STATE LAW FOR YOU TO OBTAIN A CREDIT REPORT ON ANY PERSON OTHER THAN YOURSELF, AND THAT UNDER THE FCRA, ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN 2 YEARS, OR BOTH.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND MFSN, INCLUDING, BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU NOR MFSN SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
The FCRA allows you to obtain copy of all of the information in your consumer credit file disclosure from consumer reporting agencies for a reasonable charge. Full disclosure of information in your file at the three national credit repositories must be obtained directly from the repositories:
Equifax Information Service Center
P.O. Box 740241, Atlanta, GA 30374-0241
P.O. Box 1000, Fullerton, CA 19022
Experian Information Solutions, Inc.
P.O. Box 2002, Allen, TX 75013
The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:
You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification;
You are on public welfare assistance;
You have reason to believe that your file at the consumer reporting agency contains inaccurate information due to fraud; or
You have been denied credit, insurance, or employment within the past 60 days as a result of your Credit Report.
The FCRA also permits consumers to dispute inaccurate information in their Credit Report without charge. Accurate information cannot be changed. You do not have to purchase your Credit Report or other information from MFSN to dispute inaccurate or incomplete information in your credit file maintained by Experian, Equifax or TransUnion (collectively, the "Repositories").
The Credit Report(s) you are requesting from MFSN is not intended to constitute the disclosure of Experian, Equifax or TransUnion information required by the FCRA or similar state laws.
The FCRA allows consumer to get one free comprehensive disclosure of all the information in their credit file from each of the Repositories once every 12 months through a central source. Although comprehensive, the Credit Reports from each of the Repositories that are available from the MFSN Site may not have the same information as a credit report obtained directly from the three Repositories or through the central source. 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 site. The Services at this Site are not related to the free FCRA disclosure that you may be entitled to.
Consumers residing in the states of Colorado, Maine, Maryland, Massachusetts, New Jersey, and Vermont may receive an additional free copy of their credit report once per year and residents of the state of Georgia may receive two (2) additional copies per 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.
Click here for a full text of your summary of rights.
MODIFICATION OF SERVICES
MFSN may, at its discretion and without notice to you, modify or discontinue any of the Services or Content or a portion thereof. You agree that MFSN will not be liable to you or any third party for any modification or discontinuance of any of the Services or Content, or for any failure to notify you of same.
MFSN may, at its sole discretion and without notice to you, replace the Private Label provider or any of the providers of Materials or Services and transfer your membership and securely transfer any personal information that is necessary to enroll you in another MFSN web site and/or enroll you with another service provider of comparable Materials and Services.
Changes to Prices and Terms and Discontinuance of Service
If you enroll in the Services, you agree to pay all charges at the effective monthly price. If you purchase Transactional Services, you agree to pay the price in effect at the time of such purchase. All prices are exclusive of any taxes, except as required by applicable law. We reserve the right to change prices or to institute new charges for the Services, or any portion thereof, at any time. Price changes and new charges will apply to subsequent subscription periods for current paid subscribers immediately on the effective date of the change and to all new users of the Services from such effective date forward.
We reserve the right at any time to modify, suspend, or discontinue the Site and the Services, or any part, version or feature thereof, in our sole discretion without prior notice to you. We will not notify you of any such material modifications to or suspensions or discontinuations of the Site or the Services. If you have a paid subscription to the Services and we modify, suspend or discontinue the Services due to no action on your part, when applicable, we may provide a pro rata refund of advance payments made. Your continued use of the Services or of the Site, or your failure to terminate your subscription, after any such changes, any modifications, change in service providers or after any other changes or charges have been made, will constitute your acceptance of those changes, modifications, and charges.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to provide instant online delivery of your Credit Report. For certain Services, when the system is unable to verify your identity, you may be routed through a manual authentication process. After your identity has been verified, we will direct you back to the Site, where you can access your Credit Report online.
You must have an email address and a Java-compatible web browser in the latest, most recent versions available to receive your reports online. MFSN does not provide "printer-friendly" reports and we discourage users from transferring the data to any media or format that is not secure.
MFSN is not responsible for any overdraft/over-the-limit charges or bank fees if your account contains insufficient funds when your order is processed and billed.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE, THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT, TOOLS AND CALCULATORS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. MFSN AND ITS RESPECTIVE SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS SITE DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. MFSN AND ITS RESPECTIVE SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICES AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE RELIABLE.
YOU UNDERSTAND AND AGREE THAT MFSN AND ITS RESPECTIVE SUPPLIERS, ITS PROVIDERS OF MATERIALS AND SERVICES WILL NOT BE LIABLE FOR ANY REASON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE SITE, SERVICES, MEMBERSHIP BENEFITS OR CONTENT, OR FROM YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED SITE, EVEN IF MFSN OR ITS RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, AND IN THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON MFSN, THEN YOU AGREE THAT ANY SUCH LIABILITY, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO MFSN FOR THE SERVICE(S) FOR THE ONE MONTH PRIOR TO THE DATE OF YOUR CLAIM AROSE, OR US $30, WHICHEVER IS LESS.
You acknowledge and agree that (a) all Content is the copyrighted work of MFSN or its third party content suppliers and is protected by copyright laws, (b) MFSN's names, the domain www.MyFreeScoreNow.com, the MyFreeScoreNow and MFSN logos, all page headers, customer graphics and button icons are service marks, trademarks and/or trade dress of MFSN and/or MyFreeScoreNow (collectively, the "Marks"), and (c) all other trademarks, product names, company names or logos on the Site are the property of their respective owners and you have no right to use nor copy such property. In addition to agreeing to comply with all applicable laws in connection with your use of this Site, you agree you will not use any such Content or Marks from this Site for any purpose without the appropriate prior written authorization.
SERVICE-SPECIFIC TERMS AND CONDITIONS
The terms explained below are service specific and apply to the particular service indicated in addition to the terms and conditions listed above.
Registering for any Service:
To enroll in a monthly credit monitoring Service or to request a Credit Report or Score, you must complete an online registration form which must include an address within the United States, and you agree to be bound by these Terms. You must provide valid credit card information. We will then evaluate your complete registration information. We are not able to accept and process joint registration for a married couple. You must provide valid debit or credit card payment information at time of enrollment in the Services, or at the time of purchase of Transactional Services. We will verify your debit or credit card information before processing your order, including performing an authorization to a) make sure it is valid and in good standing and b) for an amount up to the stated monthly membership fee for all Services, and/or all fees associated with the purchase of Transaction Services. The authorization amount may count against your debit or credit limit. For Services which include a free trial period, you card will not be actually billed until the free trial period has passed. In the event that you purchase additional products from MFSN using a different credit or debit card, or if you update your payment information with MFSN, MFSN will charge the latest card provided by you. Please note, if you have ever been a member and received a free trial, MFSN may refuse to give you another free trial offer. Returning members will be billed the membership fee immediately upon renewal. During your free trial period you are eligible for one free report and/or score as dictated by your specific membership terms.
If you do not cancel your free trial within the free trial period, you will be charged at the monthly rate in effect at that time for the Services for which you enrolled. Your debit or credit card (including, if applicable, as automatically updated by your card provider following expiration or change in account number) will continue to be charged each month at the applicable monthly rate unless and until you cancel the Services. If the Services you select include a free trial period, your free trial period is measured in 24 hour days. For example, if you sign up for a 7-day free trial period at 11:00 a.m. on July 10, 2012, your free trial period will expire at 10:59 a.m. on July 17, 2012. You may be required to provide your Social Security number and other personal information, such as previous addresses, employment, and other names, so that your identity can be verified in order to use some Services. You must provide true, accurate and complete information about yourself as prompted by the applicable form(s) for the Services and to promptly update your information if and when it changes. If you provide any information that is untrue, inaccurate, or incomplete, or we have reason to believe that such information is untrue, inaccurate, or incomplete, we reserve the right to terminate your Services or void your transaction.
You understand and agree that we provide a credit monitoring service. We give you access to one or more of your Credit Scores and Credit Reports and we help you understand the information contained in your Credit Score (s) and Credit Report(s). We are not a credit repair organization. We cannot improve your Credit Reports, credit history or credit rating, nor do we provide you with advice or assistance in improving your Credit Reports, credit history or credit rating. Accurate adverse information on your Credit Reports cannot be changed. If you believe that your Credit Reports contain inaccurate information, it is your responsibility to contact the relevant Repositories, and follow the appropriate procedures for notifying the Repository that you believe that your Credit Report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various Repositories related to the removal of inaccurate information is provided without charge to you and is available for free. Any such information is not included as part of your credit monitoring service but is provided free of charge to all consumers, regardless of whether they are members of the credit monitoring service.
Your membership in credit monitoring is effective for the period covered by your membership fee and continues upon your payment of the monthly/annual renewal fee. Renewal fees for your membership will be charged automatically at the then-current rate to the credit card or other billing source authorized by you until you cancel your membership. Should you choose to discontinue your membership for any reason before expiration of the then-applicable membership term for which you have paid, you may cancel your membership and terminate further billing by calling the toll-free number listed in the Member Area on this Site. If you are an annual subscriber who is eligible for a refund and choose to cancel within 180 days of when you were billed, you will receive a prorated refund of your current year's membership fee. If you are a monthly subscriber and choose to cancel after your free trial ends, your membership and monthly billing will terminate immediately and you will not be eligible for a prorated refund of any portion of your paid monthly membership fee.
Please note that it can take two to three weeks for new members to be enrolled in credit monitoring. MFSN does not control and is not responsible for the enrollment process. Your enrollment in credit monitoring is dependent on the Repositories being able to enroll you in credit monitoring. If you cannot be enrolled in credit monitoring, you will not receive alerts of changes to your Credit Report. If you are successfully enrolled in credit monitoring, alerts will be delivered to the email address that is given to MFSN when you enroll in credit monitoring. It is your responsibility to update your email address if it should change.
Credit Monitoring Membership with Trial Period:
The trial membership is a special offer limited to select first-time customers only. Returning members will be billed the membership fee immediately upon renewal. During your trial period, you are eligible for one or three free reports and/or scores as dictated by your specific membership terms. You will be asked for valid credit card information when you sign up for the credit monitoring trial. MFSN will verify your credit card information before processing your order. An authorization will be performed on your credit card to make sure it is valid and in good standing. We will disclose to you in the Offer Details, if applicable, that there may be a nominal upfrontfee for your Credit Report or a nominal Member Activation Fee charged upfront. If applicable and specified in the Offer Details, and after you give your electronic consent during enrollment and only after your order is successfully submitted and accepted by the Site, we will billto your credit or debit card immediately for the aforementioned fee before the trial membership period has expired. If you do not cancel during your trial period, your membership will continue automatically and the monthly/annual fee will be billed to the credit card or other billing source authorized by you. Any upfront fee for the credit report or for the Member Activation fee, if applicable, is nonrefundable.
Credit Monitoring Membership Without Trial:
The monthly/annual fee for a credit monitoring membership without a trial period will be billed immediately to the credit card or other billing source authorized by you.
Credit Reports and Credit Scores
3-Bureau Credit Reports, 1-Bureau Credit Report, Scores: When you use our online Services to access your personal Credit Report(s) and/or Score(s), you are certifying that you understand and agree to the following:
You may access your Credit Report(s) and/or Score(s) for 30 days from the date of payment;
Refunds will not be issued once we have successfully located and delivered your Credit Report(s) and/or Score(s) or after any trial period;
If you have any questions regarding any of your Credit Reports or would like to dispute information contained in them, you may request an investigation by contacting the Repository that supplied the information, as indicated in your Credit Report; and
For your protection, if you are inactive (have not clicked on an item or refreshed the page) for a period of 20 minutes or more when reviewing your Credit Report and/or Score online, your session will conclude and you will be logged out.
Disclaimers: MFSN is not responsible for the accuracy or content of your credit files, including but not limited to information delivered in the Credit Reports and/or Scores.
The Service includes the following features:
Where indicated in the product literature as a product benefit, we will deliver on the Site, at our selection and sole discretion, one or more consumer credit reports from any of three (3) credit bureaus: Experian, TransUnion and Equifax;
Deliver daily consumer credit monitoring from one (or if applicable, all 3) credit bureaus showing:
Potentially negative information; and
Where indicated in the product literature as a product benefit, we will deliver a consumer credit score using the then current credit score algorithm in use by the Service Provider;
Where indicated in the product literature as a product benefit, calculate and/or track the customer's credit score based on the consumer's credit report from the single bureau credit report that has been selected by MFSN in its sole discretion, and, where indicated in the product literature, three (3) scores based on the consumer's Experian, TransUnion and Equifax credit reports;
Governing Law and Location of any Disputes
These Terms are governed by the laws of the State of California without regard to conflict of law provisions, choice of law rules, and regardless of your actual place of residence with the exception of the Arbitration provision, which shall be governed by the Federal Arbitration Act. YOU HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF CALIFORNIA FOR THE PURPOSES OF ANY PROCEEDINGS ARISING OUT OF THESE TERMS AND CONDITIONS. This Agreement is to be performed in Ventura County, California and any arbitration, suit, action, or other legal proceeding arising out of or related to these Terms, the Site, the Content, or the Services or any issues collateral thereto must be brought in Ventura County, California. Your expressly waive any objection which you may have to the venue of any such arbitration, suit, action or proceeding.
REVIEW AND RECEIPT OF PRIVACY NOTICE
© Copyright 2016 - MyFreeScoreNow Inc.
This is an all-in-one membership which includes the Smart Credit Report® & Scores, ScoreTracker, ScoreBuilder™, ScoreMaster®, PrivacyMaster®, Credit Monitoring, Alerts, $1MM Identity Fraud Insurance (activation required) and Money Manager all tied together with action buttons direct-to-your-creditors for any questions or needs.
Our product has a monthly Membership fee and we have various plans to choose from. See Membership Options & Pricing to determine which Membership plan best suits your needs. You will be billed once per month on the anniversary of your bill date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) log in to your account, or (3) call our customer service at (888) 548-2008.
THIS AGREEMENT HAS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
YOU MUST READ AND ACCEPT THIS ENTIRE AGREEMENT BEFORE YOU CAN ENROLL AND PURCHASE THIS PRODUCT.
WE DO NOT PROVIDE CREDIT REPAIR SERVICES OR CREDIT REPAIR ADVICE. WE DO NOT CLAIM THAT WE ARE ABLE TO "CLEAN UP" OR "IMPROVE" YOUR CREDIT RECORD, CREDIT HISTORY OR CREDIT RATING. ANY MENTION OF THE WORD "IMPROVE" OR "GOAL" IS COINCIDENCE AND DOES NOT CARRY THE SAME MEANING AS CLEANING UP OR IMPROVING ONES CREDIT RATING.
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Our product has action buttons for you to communicate directly with your creditors. We are a neutral system and we do not instruct, advise, recommend or otherwise encourage you to take Actions directly with your Creditor. You are solely responsible for any Actions you take with your creditors.
The Smart Credit Report® is not a credit report as traditionally known or viewed. The Smart Credit Report® is entirely different. It contains additional data and formatting that is not similar to a traditional credit report. It is a new technology that is patented under USPTO 7,818,228 and Others. It is used primarily as a communications medium for consumers to communicate directly with creditors.
Safe Harbor Disclosure: THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. We are not affiliated with the Annual Credit Report program. Under Federal law, you have the right to receive a free copy of your credit report once every 12 months from each of the three nationwide consumer reporting agencies at AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law.
INFORMATION STATEMENT ABOUT YOUR MEMBERSHIP
Your Membership includes the following products:
Smart Credit Report®
This is a revolutionary new type of Credit Report and is not to be confused with a traditional credit report. What makes it so different is the way information is shown to you and how you can interact with your creditors by using action buttons. It also has a zoom feature to see more credit details and even your daily transactions that ultimately compromise of the information reported by a credit reporting agency.
Scores and ScoreTracker
Each of your Scores has a number ranging from bad to excellent along with a letter grade and how you compare to others. You also get a detailed overview of your Scores. All Scores are estimates and are for educational purposes only. They cannot be used to determine final credit.
This is your credit score and its number range is 300-bad to 850-excellent. This score is a general representation of your credit risk lenders use to grant credit.
This represents your possible risk to lenders if you purchase or lease a vehicle.
This represents your possible risk to an insurance company if they are underwriting your insurance.
Hiring Risk Index:
Many employers are allowed to view your credit report (not your credit score), when determining hiring or promotion. This Hiring Risk Index can help you better understand how employers may interrupt your credit report.
ScoreBuilder™ is a 120 day program to better understand what is helping or hurting your credit score and view possible actions you can take on your own.
ScoreBuilder™ Disclaimer: ScoreBuilder™ does not recommend, advise or guarantee any action or any result. Any action taken is entirely up to each individual person. This is not credit repair and no action is ever sent to any Credit Reporting Agency; and therefore, not subject to regulation under a Federal or State Credit Repair Organization Act.
ScoreMaster® is a simulator that helps you plan your future credit score and know when it's best to apply for credit.
By using ScoreMaster® you can see how making payments can increase your credit score and by when. You can also see how spending lowers your credit score and by when. Plus, you can know the best time to apply for credit.
ScoreMaster® is also a great educational tool to better understand how your credit score works.
ScoreMaster® Disclaimer: ScoreMaster® is a credit score simulator designed for educational purposes only. Results are not guaranteed and should not be relied upon. ScoreMaster® is a simulator showing possible outcome(s) of your credit score based upon certain actions you may optionally take that affects the statement balance reported by your creditor or bank. This is not credit repair and not subject to regulation under any Federal or State Credit Repair Organization Act.
This monitors information that is posted to a credit reporting agency (specifically TransUnion) or financial accounts once you add them to Money Manager. Some monitoring Alerts you may get are more important and urgent than others. For these important Alerts we recommend you activate Alerts on your phone. This will put an action button in your Alert to help you remove identity theft right from your phone without the need to log in to your account.
In addition, you will get various Alerts keeping you informed of the latest concerning your Money, Credit and Identity. The Alerts are simple and well organized for you. They include Alerts about your Membership, credit monitoring, identity theft alerts, creditor responses to your Actions and when payments are due on your Money Manager linked accounts.
Make sure you allow our Alerts to get to your email in-box by instructing your email that our Alerts are NOT spam.
$1MM Identity Fraud Insurance (if applicable)
Your $1mm Identity Fraud Insurance ("Fraud Insurance") is underwritten and administered by Voyager Indemnity Company, an Assurant Specialty Property Company ("Assurant") under a master group policy issued to ConsumerDirect, Inc. for the benefit of it and its partners members.
BASED ON YOUR MEMBERSHIP, FRAUD INSURANCE MAY NOT BE AUTOMATICALLY ACTIVATED WHEN YOU ENROLL AS A MEMBER. YOU MUST ACTIVATE YOUR FRAUD INSURANCE.
The complete policy is available in the Fraud Insurance section of your membership. Please note that New York and Texas may have certain restrictions or prohibitions.
Assurant administers all claims and ConsumerDirect, Inc. shall have NO responsibility with respect to ANY Fraud Insurance benefit.
PrivacyMaster® (if applicable)
We scan and monitor for websites & data brokers who might be selling or misusing your personal information and alert you when discovered.
You can then instruct them to Opt-Out of their sharing or selling your personal information. Or you can instruct them to completely Remove your personal information providing you do not have an open account with them.
We will monitor their compliance with your Opt-Out or Remove instructions.
You will get periodic alerts with updates and results. Your results may take from 1 to 45 days depending upon the responsiveness of the website or data broker's compliance with your instructions. Results are not guaranteed and may vary.
Link your online bank accounts, credit cards, loans, utilities and investment accounts to Money Manager. This lets you see individual transactions, monthly statements and get payment due notices updated every day.
The details of these linked accounts are shown in Money Manager located on your Member home page and also attached to your creditor data on the Smart Credit Report®. If you view a creditor in your Smart Credit Report®, the transactions will appear as well.
Having all your money, credit and identity in one place is very simple and convenient, especially when you use an action button to ask your credit something.
Use the action buttons, located throughout the site, to communicate directly with your creditors for any questions, problems or requests you may have. It is very fast, you don't need account numbers, or have to worry about business hours. Best of all, you don't have to talk to anyone. Just push the button.
When a creditor replies to your Action request they may reply through our system which will then generate an Alert to you. Or, the creditor may reply directly to your home address. A creditor's reply may vary depending on the general responsiveness of the creditor and your Action request. Please allow reasonable time for your creditor(s) to respond to your Action(s).
A creditor may reply with acceptance, denial, counter-offer or request for more information. In some cases, a creditor may not respond at all. In other cases, multiple Actions may be required to get the result you desire. Results or replies to your Action(s) are not guaranteed. Delivery of your Action(s) to a creditor is not guaranteed. We do reserve the right to reject any of your Actions for unnecessary repetition, frivolous requests or foul language.
You have until midnight, Pacific Time, to cancel your Action. After which our system will automatically fulfill your Action request.
* These features are only available for paid memberships. Free membership may not include these features.
What if I have Questions?
For non-Members, please contact us at (888) 548-2008 for any assistance with enrollment or questions. You can also reach us through our web site by clicking on Contact Us.
For Members, please log in to your account, and then click Contact Us. There you can use our simple form which will help you contact us with your specific needs. For security purposes, we do not accept emails, please just use this form.
If you need to contact us by telephone, please call (888) 548-2008.
MEMBERSHIP OPTIONS AND PRICING
About a trial Membership:
- Your trial days will be displayed during your Membership enrollment process, prior to you becoming a Member.
- You may cancel your account within your trial period without any obligation or cost to you.
- If you wish to avoid any fees, you must cancel your Membership within your trial period.
- You will get full access to all the features of our product. However, the total number of Actions and Credit Score updates may be limited.
- We reserve the right to pause your credit and money manager monitoring if you have not logged in to your account in 90 days. Your credit and money manager monitoring will resume upon login. This only applies to those who are currently in a trial period.
- After your trial, your monthly Membership fees will be according to the Membership plan you have selected.
- Your billing period will begin once your trial period expires ('bill date'). You will be billed once per month on the anniversary of your bill date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
- After your trial, you agree to pay any accumulated, unbilled charges through the date of your cancellation - at the time of your cancellation.
- You may cancel and reactivate at any time. In some cases, certain Apps or third party partners may present you with offers that may require a fee. You are under no obligation to accept them.
About a Free Membership:
- You may cancel your account without any obligation or cost to you.
- You will get full access to our product, however, the total number of Actions and Credit Score updates, Money Manager, ScoreBuilder™ and ScoreMaster® may be limited.
- We reserve the right to pause your credit and money manager monitoring if you have not logged in to your account in 90 days. Your credit and money manager monitoring will resume upon login.
All Paid Membership plans include the following:
- Smart Credit Report®
- 3-Bureau Credit Report & Scores
- $1MM Identity Fraud Insurance (activation required)
- Money Manager
- Action Buttons
- $29.95 per month
- Unlimited Actions**
- Unlimited updates to your Scores*
- (1) 3-Bureau Credit Reports & Scores per month***
Unlimited Scores is defined as 20 full Smart Credit Report and Score updates per billing period. For the integrity of our product and for your protection, any request to exceed this will have to be determined as non-frivolous. Please contact our customer service (888) 548-2008 to request additional Score updates within the same billing period.
** Unlimited Actions are defined as 20 Actions per billing period. For the integrity of our product and for your protection, any Actions exceeding this will have to be determined as non-frivolous. Please contact our customer service (888) 548-2008 to request additional Actions within the same billing period.
***Additional 3-Bureau Credit Report & Scores may be ordered with all active for a one time fee if applicable. You may order up to one 3-Bureau Credit Report & Scores per day. The 3-Bureau Credit Report & Scores is available for 12 months or until a new 3-Bureau Credit Report & Scores has been ordered, at which point, the new report and scores will replace any existing 3-Bureau Credit Report & Scores.
We reserve the right to offer you different Membership plans at any time where the monthly charge, Actions per billing period and updates to your Credit Scores per billing period maybe different than listed above.
Our prices are subject to change at any time. Prior to any price increase, we will give you notice, and you may cancel you Membership if you do not agree to the increase.
When you enroll in Membership our system may validate your method of payment to verify your identity and check for fraud. If you have not cancelled your Membership, we reserve the right to use an industry standard credit/debit card updater to update your method of payment should your current method of payment be lost, stolen or expired.
You will be billed once per month on the anniversary of your bill date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) log in to your account, or (3) call our customer service at (888) 548-2008.
If your method of payment for any charges described herein fails, you may lose access to your Membership.
We reserve the right to cancel your Membership without notice, if in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards and frivolous use of our action buttons or our Smart Credit Report®.
We have a satisfaction guarantee which entitles you to a refund, providing you request a refund prior to your second bill. In some cases, you may have to pay a refundable one-time activation fee to enroll in Membership.
You may receive a full refund of your first Membership fee by contacting our customer service no later than 30 days after the date of the first Membership fee and requesting a refund. If you were charged a refundable Identity Verification fee at enrollment you may request a refund of this fee with our customer service. Any partial refund does not automatically waive any further balance owed.
All 3-Bureau Credit Report & Scores purchases are non-refundable.
How does the Cancellation Policy work?
Canceling your Membership Account will immediately cease any additional charges. You agree to pay any accumulated, unbilled charges through the date of your cancellation, at the time of your cancellation. You may reactivate your account at any time.
Upon cancellation, you will lose access to the areas of the service designated for Members only and lose access to your data and other benefits. This could include any credit data and analysis that may have been displayed during your Membership.
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) log in to your account, or (3) call our customer service at (888) 548-2008.
IMPORTANT CONSUMER NOTICES
Please read the following important consumer notices carefully.
WE ARE REQUIRED BY CERTAIN LAWS TO DISCLOSE THE FOLLOWING: "ONLY THE CREDIT BUREAUS CAN REMOVE OR CORRECT INACCURATE, UNVERIFIABLE, OR OUTDATED INFORMATION, FROM YOUR CREDIT REPORT(S), WHICH HAS NOT BEEN CLAIMED TO BE ACCURATE BY THE CREDITOR WHO SUBMITTED THE INFORMATION TO THE CREDIT BUREAUS. YOU MAY SEEK TO HAVE ANY INACCURATE INFORMATION CORRECTED AND, IF APPROPRIATE, REMOVED BY THE CREDIT BUREAUS TO THE EXTENT REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAWS, INCLUDING THE FAIR CREDIT REPORTING ACT. THEREFORE, IT IS IMPORTANT THAT YOU REALIZE THAT NO ONE (INCLUDING US, OUR PRODUCTS, OR ANY CREDIT REPAIR/CARE SERVICE) CAN REMOVE ACCURATE AND CURRENT INFORMATION FROM YOUR CONSUMER CREDIT PROFILE."
The Federal Trade Commission and some States' Attorneys General regulate creditors, credit bureaus and credit care organizations. As a safe harbor statement please know: "You have the right to sue a credit services organization if it misleads you."
CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW
You have a right to obtain a copy of your credit file from a consumer credit reporting agency. They may charge a reasonable fee not to exceed eleven dollars ($11). There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information on your credit report within the preceding 60 days. There is also no fee if you certify that you are unemployed and intend to apply for employment during the next sixty (60) days, that you are a recipient of public welfare assistance, or that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud. You also have the right to receive one free copy of your credit report from each consumer credit reporting agency per year at the www.annualcreditreport.com web site.
The credit data provided or requested through our product is not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
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. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any company or credit services organization has the right to have accurate, current, and verifiable information removed from your credit report. Under the Federal Fair Credit Reporting Act, the consumer credit reporting agency and/or the reporting creditor must remove accurate negative information from your report only if it is over seven years old. Bankruptcy information can be reported for 10 years.
YOU UNDERSTAND ANY ACTIONS YOU MAY TAKE DO NOT GO TO ANY CREDIT REPORTING AGENCY/CREDIT BUREAU, BUT ONLY TO YOUR CREDITOR AS YOU SELECT AND INSTRUCT. IT IS YOUR CREDITOR'S SOLE AND ABSOLUTE DISCRETION TO RESPOND TO YOUR ACTION AS THEY DEEM NECESSARY. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM US TO COMMUNICATE WITH YOUR CREDITORS. YOU MAY COMMUNICATE DIRECTLY WITH YOUR CREDITORS FOR ANYTHING YOU WISH AT ANY TIME.
If, separately from using our product, you have notified a credit reporting agency in writing that you dispute the accuracy of information in your credit file, the consumer reporting agency must then reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this product. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer credit reporting agency. If reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency, to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about disputed information in any report it issues about you.
Nonprofit credit counseling services are available, usually without fees, to counsel you as to credit management and/or consolidation. Additionally, many of our product features you may perform on your own, such as our Actions. We are simply a neutral technology allowing consumers to communicate with their Creditors for whatever they need.
In compliance with our license (AND AS A SAFE HARBOR) with the State of California, we hold a Surety Bond #57BSBFN9192 as a credit services organization. To submit a claim against The Hartford Bond, its address is: One Hartford Plaza, Hartford, CT 06155
/_/ I agree to all Terms. I received my Consumer Rights and Information Statement. Prior to your registration as a Member, you will be required to check an on-line confirmation box confirming your agreement.
MEMBERSHIP TERMS & CONDITIONS
Please read these terms carefully before joining as a Member.
1. BY ACCEPTING THESE TERMS, YOU ARE ENTERING INTO A CONTRACT WITH MyFreeScoreNow ("We", "Us", "Our") AND YOUR MEMBERSHIP ACCOUNT IS ACCESSIBLE AT member.myfreescorenow.com AND YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF MEMBERSHIP.
You certify that you have read and understand the important Consumer Notices set forth above.
Our Smart Credit Report® and Alerts may require that we provide your identifying information to third parties who will provide credit or identity data to us for some of our product features. Please see "Third Party Terms" below for more information.
You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify us promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your Membership account and your right to access our products.
Your online access to your consumer credit report data in our Smart Credit Report® and Alerts is subject to verification of your identity. You also agree and understand that the Smart Credit Report® is not a credit report as traditionally known or viewed. The Smart Credit Report® is entirely different. It contains additional data and formatting that is not similar to a traditional credit report, it cannot be printed, it is a new technology that is patented under USPTO 7,818,228 and Others. It is used primarily as a communications medium for consumers to communicate directly with creditors.
2. Membership Plan Selection.
This contract is a monthly Membership. We offer several Membership options and pricing plans. When you register, you must select a Membership plan. If you are registering for a plan based on a special offer, you must complete the registration process prior to the expiration of that offer. You understand and agree to be bound by any requirements of the Membership plan you choose.
During the term of this Agreement (and upon payment of appropriate Membership fees), we grant you a personal, nontransferable, nonexclusive license to use the product and the information included therein.
We reserve the right to cancel your Membership without notice, if in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards, and frivolous use of our action buttons or our Smart Credit Report®.
3. Fees and Charges, Billing Terms of Membership
Your billing period begins on the day you enroll ('bill date'). You will be billed once per month on the anniversary of your bill date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
Your Membership fees are for your credit scores and credit monitoring.
Your membership also allows you to order a 3-Bureau Credit Report & Scores for a one-time fee if applicable. You may order up to one updated 3-Bureau Credit Report & Scores per day. Each order will incur one-time fee if applicable.
We may, in our sole discretion, offer, amend or remove any of our Membership plans. Membership fees are also subject to change. During the term of this Agreement, we will alert you to additions or changes in Membership or fees via email. You may decide not to accept these changes and cancel your Membership without obligation.
You authorize us to be your official payment-processing agent to collect payment by automatic credit card or debit card for products rendered. You agree to keep your payment information current during the term of this Agreement. We reserve the right to send defaulted monetary obligations by you, the Member, to collections, which may result in a negative credit report rating and fees associated with collection. Should your method of payment be declined you agree that we may reasonably reattempt your method of payment again after we send you an email notice stating your method of payment has been declined. We reserve the right to cancel your Membership for unsuccessful payment attempts on your method of payment.
4. Terms of Termination/Cancellation Policy
This Agreement shall run from the date you register as a Member of our products until terminated by either you or us as described below.
You may terminate this Agreement as follows:
You may cancel this contract at any time by giving us notice of your intent to cancel.
You may also cancel your Membership at any time, by giving us notice, if we inform you of a price increase or other material change in the product terms or benefits.
We may terminate this Agreement (and cancel your Membership) at any time for any reason. We may terminate this Agreement (and cancel your Membership) immediately and without notice if we suspect that you are violating the terms of this Agreement or using our product inappropriately.
5. Third Party Terms
Some of the data within our products may involve third parties, such as the consumer credit reporting agencies (credit bureaus). We primarily use TransUnion to obtain credit and identity data. You understand and agree that your access to and use of our products may be subject to restrictions imposed by these third parties. Additionally, you understand and agree that these third parties may need to collect additional personal information from you in order to verify your identity and provide you access to your information. You agree to comply with all third party terms and restrictions for which you receive notice, whether such notice is provided in writing or given online, and such restrictions are incorporated herein by reference.
We offer no assurances of the accuracy or timeliness of any information we obtain from a third party. Nor any guarantee that we are able to transform this data in to our Smart Credit Report® properly.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND THE THIRD PARTY TERMS AND RESTRICTIONS, THEN THE THIRD PARTY TERMS AND RESTRICTIONS WILL APPLY.
6. Using our Smart Credit Report®
By using our product, you are giving your permission for us to obtain your credit report data from a third party. You understand that our system transforms this data into our Smart Credit Report® and that it is not to be confused with a regular/traditional credit report. Our product uses this data to make the Smart Credit Report® available to you.
You are granting your consent to obtain your credit data to fulfill the benefits of our product shall be valid continuously until your Membership account is cancelled as per this agreement.
7. Our Scores
When you become a Member, we will receive your VantageScore® Credit Score from one or more credit bureaus. However, we reserve the right to use our own internally developed score if necessary depending on the ability of a given credit report to generate a normal credit score.
All of our Scores may not be used to grant credit. They are estimates and are for educational purposes only.
8. Our Alerts from our System
You will get Alerts about your Membership and product activities to your email or other destination as you may indicate from time to time, such as your mobile phone. You agree to receive these emails in your inbox by ensuring they are not delivered to your spam box. You further agree to contact us if you believe you are not receiving these email Alerts in a timely manner. You also agree that you will update your email address if it changes during your Membership. You agree to keep your Membership and Alerts secure and private where appropriate.
Credit monitoring Alerts may take 48 hours to start, but may be delayed due to circumstances beyond our control. If we are unable to initiate your credit monitoring, for any reason, you will be notified by email.
You understand that the term Alerts is only a name and general description of Alerts. It is not intended to mean instant or protection of your credit or identity. Alerts are not guaranteed, nor do they guarantee protection of any kind and are delivered as is.
9. Using Money Manager
Money Manager allows you to organize your personal finances by linking your online accounts such as your bank accounts, credit cards, loans, mortgages and investment accounts. You understand that we use a third party to gather this information electronically from online accounts you have established with a third party. Not all information shown on your third party online accounts may be available to you in Money Manager after you link. Information is usually updated every 24 hours, but is not guaranteed for accuracy, interval of update or intraday pending transactions. You understand that from time to time your user name, password and other authentication may be required to continue your link to your online account(s). You are representing that you have all legal rights and privileges to access and link to third party online accounts that you select.
You agree that you will accurately link your online account(s) to an account on your Smart Credit Report®, should you choose to make that link. If you link the wrong account, you agree to promptly change it to the correct account.
A. Bill Delivery and Presentment
You may use the Money Manager to request presentment of electronic bills from Payees. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payee directly if you do not receive your Payee statement.
By registering for and using the Money Manager to request presentment of electronic bills, you authorize and permit Our System (including its service providers and agents) to undertake the following actions on your behalf:
1. Access third party web sites, including web sites maintained by Payees designated by you, to retrieve your account and billing information; and
2. Use information submitted by you to Our System (such as account passwords and usernames) to provide Money Manager and to configure the services.
Our System may disclose your name, user name, and user passwords that you provided during registration to third party web sites, so that Our System can obtain the information you requested and display it to you in connection with the Money Manager. When you register for the Money Manager, you authorize Our System to disclose such information in order to provide the Money Manager.
You acknowledge and agree that for the limited purposes described in this section of the Terms, Our System shall be acting on your behalf and as agent for you, and the acts of Our System undertaken on Payee and other third party web sites to provide you with the Money Manager shall be deemed to be actions taken by you.
The Money Manager is not able to update or change your personal information, such as, but not limited to, name, address, phone number(s) and email address(es), that you have established with the electronic Payee. Any changes to such information will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all user names and passwords for the electronic Payee site. You also agree not to use someone else's information to gain unauthorized access to another person's bill.
Upon activation of the electronic bill presentment feature, Our System may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary and may take up to sixty (60) days, depending on the billing cycle of the Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. It is your responsibility to keep your accounts current. A Payee may deny your request to receive electronic bills. In some instances, if you have made a Payment to a Payee through the Bill Payment Service, the Payee may elect to send your bills or monthly statement(s) to you electronically.
Our System will endeavor to present all of your electronic bills promptly through the Money Manager. In addition to notification within the Money Manager website, Our System may send an email notification to the email address listed for your Money Manager account. It is your sole responsibility to ensure that this contact information is accurate. In the event you do not receive notification, it is your responsibility to periodically log on to the Money Manager website and check on the delivery of new electronic bills. You are responsible for ensuring timely payment of all bills, regardless of whether or not Our System is able to present the electronic bills to you on a timely or complete basis. You agree to hold Our System and its service providers harmless should Our System or a Payee fail to deliver your monthly statement(s) or bill(s), or otherwise delay in such delivery. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.
Our System is not responsible for the underlying accuracy of your electronic bill(s). Our System is only responsible for accurately presenting the information that Our System receives or obtains from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. These Terms do not alter your liability or obligations that currently exist between you and your Payee(s).
B. Third Party Accounts.
By using the Money Manager Service, you authorize Our System to access third party sites designated by you, on your behalf, to retrieve information requested by you. You hereby authorize and permit Our System to use information submitted by you to the Money Manager Service (such as account passwords and usernames) to accomplish the foregoing and to configure the Money Manager Service so that it is compatible with the third party sites for which you submit your information. For all purposes hereof, you hereby grant Our System a limited power of attorney, and you hereby appoint Our System as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN OUR SYSTEM IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, OUR SYSTEM IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that Our System's third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
Except for those relationships, you understand that Our System has no relationship to, affiliation, or connection with any third party sites available for use with the Money Manager Service. The Money Manager Service is not endorsed or sponsored by any such account providers. You agree that Our System assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such third party site. You acknowledge and agree that Our System may not maintain the same level of security against unauthorized access to your account information as the third party sites from which you authorize Our System to retrieve information on your behalf.
C. Categorization of Transactions, Accounts or Other Information.
The categorization in the Money Manager Service is an estimated categorization provided for your information only, and does not indicate accurate status of any transaction, account or other information. You agree that you will not rely on the categories provided in Money Manager or set by you for any purpose, including without limitation, for tax deductions.
The term Our System may mean the use of a service such as a provider of data in order to provide you with our product. Certain information in this section is copyright and used with permission from a third-party service.
10. Using our action buttons
Our product gives you action buttons, so you can easily communicate requests directly to your creditors. These Actions are no different than if you contacted your creditor directly by telephone or in writing. You are under no obligation to use our action buttons.
You understand and agree that you control all Actions that you take during your Membership. You understand and agree that Action results or delivery are not guaranteed. Your creditors and other third parties that you initiate Actions with will make all decisions regarding whether to respond to and/or agree to your requests. You fully understand that you use our products at your own risk. We are never responsible for any costs or other damages you may incur as a result of any Actions you make while using our product. Please see the important disclaimers and limitations of liability below. When you take an Action, you certify that all Actions initiated by you are appropriate and lawful. In particular, you understand and agree that disputing any valid accounts/charges or inappropriately claiming identity theft may constitute fraud, which is a crime subject to possible fines and/or imprisonment. If we determine that you are using our product to commit fraud, we will immediately terminate your account and we may report your activity to an appropriate law enforcement authority.
In order to process your Actions, we collect your financial account and creditor information. We may be required to collect additional identifying information or to verify your information by using third party sources. You agree to provide any additional information that we require in connection with your Actions. You are also granting us your limited power of attorney, located in the section entitled "Grant of Limited Power of Attorney", in order to delivery your Action request to your creditor.
You agree that if you add a creditor of your own through our Custom Action feature you are solely responsible for this information. You also agree that you will not add any credit reporting agency as a creditor and that any credit report disputes to any credit reporting agency from our system is strictly prohibited.
We reserve the right (but shall not be obligated) to filter your Action requests through our validation and frivolous filter engines designed to avoid abuses, provide continuity and protect our communications to the source or furnisher of information (i.e. your creditor) that is the subject of your Action.
Actions do not accumulate or roll-over to a subsequent billing period. If you choose not to use your free Action allotment granted to you per each billing period of your Membership, they will no longer be available to you. There are restrictions to the number of free Actions your Membership plan provides, please see Membership Options & Pricing above.
11. Using PrivacyMaster®
Our PrivacyMaster® services are intended to assist you in exercising your privacy rights with various entities that control and process your personal information. When signing up for PrivacyMaster®, you authorize MyFreeScoreNow to act as your agent in order to exercise your rights or privileges under state and federal laws and regulations, private contracts or commitments (including the privacy notices, terms of service, and other representations from companies regarding the processing of your personal information). You grant us the right to exercise such rights and privileges on your behalf, including, without limitation, the right to access and receive the categories and specific pieces of personal information about you (which may or may not be known by you), the right to request deletion of your personal information, the right to opt-out of certain processing activities (like the sale of personal information), the right to restrict the use of your personal information, the right to request rectification of your personal information; and the right to receive personal information from third-parties in fulfillment of your rights and privileges. You may withdraw your permission at any time.
MyFreeScoreNow or ConsumerDirect, Inc., which powers MyFreeScoreNow may solicit engagement of PrivacyMaster® users to submit complaints to governmental agencies, regulators, and other parties with regard to privacy violations. In addition, users of PrivacyMaster® may be presented with opportunities to assert privacy violations on a class-wide basis along with others similarly situated. PrivacyMaster® users are not obligated to participate in any such activities.
By using PrivacyMaster®, you grant MyFreeScoreNow and our licensees, successors, and assigns a limited, royalty-free, nonexclusive, license to collect, compile, process and display your personal information (in complete and/or redacted form) to provide our Services. This license permits us to make your personal information available third parties to whom we submit requests on your behalf and display this information to you via the Services. Moreover, you grant MyFreeScoreNow and our agents the right to communicate with third party organizations, including but not limited to data brokers, businesses, non-profit organizations, and governmental agencies on your behalf regarding your rights in and to your personal information. This includes the right to submit complaints on your (and others') behalf, with your consent, regarding violations of your privacy, consumer protection, confidentiality, data security, or similar laws, regulations, obligations or requirements.
12. User-Generated Content
Some features of our Services include the ability to post comments about and provide privacy ratings to data brokers, people-finding services, and other organizations. You retain rights to any means the information, text, messages, photos, videos, graphics, audio, files, links, other media or materials uploaded or downloaded on or through our Services ("Content"). By posting Content you represent and warrant that you have, or have obtained, all rights, licenses, permissions, authority, and/or other consent necessary to grant the rights granted herein for any Content you submit.
By submitting Content, you grant MyFreeScoreNow and our licensees, successors, and assigns a worldwide, royalty-free, nonexclusive, license (with the right to sublicense) to use, copy, reproduce, modify, perform, display, distribute, process, adapt, publish, transmit, and otherwise disclose to third parties any such Content in any manner and all media or methods presently known or later developed. This license permits us to make Content available to any and all third parties, whether known or unknown to you, and to use such Content to provide our Services and to promote, market, advertise, and improve the Services or other services owned by us. This license also authorizes us to disclose and/or make available Content to other individuals, legal entities, organizations, governmental bodies, or groups for the use of Content on other media or services, subject to our terms and conditions on such use. Any license, sublicense, distribution, disclosure, broadcast, republication or other use by the Company or third parties as permitted under this license is made without compensation paid to you with respect to the Content you provide on or through the Services as the use of the Services is hereby agreed as being sufficient compensation for the Content and the grant of rights herein.
Users of our Services are responsible for the Content they provide on or through the Services, including ensuring that the Content and the use of it complies with applicable laws, rules and regulations, and restrictions. The MyFreeScoreNow is not responsible for, nor does it endorse, nor shall it be treated as the publisher or speaker of any Content provided by any person or entity using the Services. We are not responsible for or represent the accuracy, truthfulness, completeness, soundness, legality, reliability, or availability of any Content provided via the Services. The use of or reliance on any Content posted or provided via the Services is entirely at your own risk. We may not monitor or control the Content posted via the Services and, if we choose to do so or not do so, such action shall not be considered to be endorsement or support of any Content. We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. You understand that by using the Service, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate.
13. Grant of Limited Power of Attorney.
You, the Member, hereby grant MyFreeScoreNow, its employees, agents, subcontractors and assigns, a specific, limited power of attorney, granting such authority necessary to provide our stated products to you, and to use the information contained in your personal credit profile and/or other creditor/sources of information to acquire your credit data, including, but not limited to, credit reports, scores, identification products, monthly credit report monitoring products and profiles so that we may provide current and future products to you.
You further grant to MyFreeScoreNow full power and authority to submit every act initiated by you in the exercise of any of the powers granted hereunder as fully as you might or would authorize if you were personally present, with full power of substitution and revocation, hereby ratifying and confirming all such acts undertaken within the authority of this power of attorney that are lawfully done or caused to be done.
MyFreeScoreNow, in its professional judgment, shall have sole discretion in determining the specific acts necessary to accomplish the purpose of this Agreement and may also include written and oral communications on your behalf with various agencies and entities such as, but not limited to, sources of reporting, creditors and collection agencies sharing credit information relating to you, the Member, so we can acquire your credit information for your use. You specifically grant to MyFreeScoreNow the right to engage in such an exchange of information on your behalf with the various agencies and entities disseminating credit data regarding you, the Member.
14. Disclaimer of Warranties and Liability, & Indemnification
OUR PRODUCT AND INFORMATION PROVIDED HEREIN, INCLUDING ALL CONTENT, MEMBERSHIPS AND PRODUCTS ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE OF THE PRODUCT, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO YOU VIA THE PRODUCT, INCLUDING (WITHOUT LIMITATION) ANY CREDIT DATA, CREDIT SCORING, CREDIT SCORING & SAVING CALCULATOR THE INFORMATION IN OUR CREDIT SEARCH ENGINE OR ANY ACTIONS OR ALERTS. ADDITIONALLY, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESPONSE THAT YOU WILL GET FROM CREDITORS OR OTHERS TO THE ACTIONS YOU TAKE. ADDITIONALLY, WE ARE NOT RESPONSIBLE FOR DETERMINING IF THE ACTIONS YOU REQUEST ARE APPROPRIATE OR REASONABLE. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ALL ACTIONS TAKEN BY YOU WITH YOUR ACCOUNT(S). YOU UNDERSTAND THAT OUR PRODUCT IS NOT ENGAGED IN RENDERING LEGAL, CREDIT COUNSELING OR OTHER PROFESSIONAL SERVICES. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF AN APPROPRIATE PROFESSIONAL SHOULD BE SOUGHT.
YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY OUR NEGLIGENCE IN PREPARING OR PROCESSING YOUR ACTIONS OR OTHERWISE PROVIDING ANY PRODUCTS HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY LOSS, DAMAGE OR INJURY CAUSED BY (I) TRANSMISSION OF INCORRECT OR INCOMPLETE DATA; (II) ERRORS IN INFORMATION IN THE Smart Credit Report®, CREDITOR SEARCH ENGINE OR OTHER INFORMATION PROVIDED VIA THE PRODUCT; (III) THE ACTIONS OF ANY THIRD PARTIES, INCLUDING (WITHOUT LIMITATION) THE LOSS OR REJECTION OF YOUR ACTIONS, (IV) A CHANGE IN YOUR CREDIT SCORE, CREDIT CAPACITY OR CREDITWORTHINESS BASED ON ACTIONS TAKEN, (V) REJECTIONS OF ACTIONS DUE TO ANY THIRD PARTY'S REFUSAL TO ACCEPT A DOCUMENT EXECUTED PURSUANT TO A POWER OF ATTORNEY); (VI) ACTIONS OF THIRD PARTY SERVICE PROVIDERS USED TO PREPARE, TRANSMIT AND/OR PROCESS ACTIONS OR DOCUMENTS FOR US; OR (VII) ANY INAPPROPRIATE ACTIONS REQUESTED BY YOU.
WE ARE NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE PRODUCT, THE INFORMATION PROVIDED VIA THE PRODUCT, OR THE ACTIONS TAKEN BY YOU. THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES. YOU AGREE TO ASSUME THE RISK FOR:
ALL LIABILITIES DISCLAIMED BY US CONTAINED HEREIN; AND (II) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE LIMITED REMEDY PROVIDED HEREUNDER. THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY PROVIDED HEREUNDER IS TO ALLOCATE THE RISKS AS PROVIDED ABOVE.
YOU HEREBY AGREE THAT MyFreeScoreNow AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES (COLLECTIVELY, THE "CONSUMER DIRECT") SHALL NOT BE RESPONSIBLE FOR ANY AND ALL LIABILITY, LOSS AND COSTS INCURRED BY YOU IN CONNECTION WITH ANY ACCESS TO YOUR INFORMATION RESULTING FROM THE USE OF YOUR USER ID AND PASSWORD OR YOUR FAILURE TO ADEQUATELY PROTECT YOUR IDENTITY OR USER ID AND PASSWORD.
MyFreeScoreNow IS NOT RESPONSIBLE FOR ANY OVERDRAFT/OVER-THE-LIMIT CHARGES OR BANK FEES TRIGGERED BY OUR PRODUCT FEES BEING PROCESSED OR BILLED.
15. Arbitration and legal remedies
THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES THAT MAY ARISE OUT OF YOUR USE OF OUR PRODUCTS. DO NOT ENROLL IN MEMBERSHIP OR OTHERWISE USE OUR PRODUCTS IN ANY WAY IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT.
YOU AGREE AND UNDERSTAND THAT YOU WILL HAVE NO OTHER LEGAL REMEDY, EXCEPT SMALL CLAIMS COURT, SHOULD YOU HAVE A CLAIM AGAINST US. THIS MEANS YOU AGREE TO ARBITRATE "ALL" DISPUTES AND CLAIMS BETWEEN US AND THAT THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. IT INCLUDES, BUT IS NOT LIMITED TO:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, 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.
References to member.myfreescorenow.com, MyFreeScoreNow and us includes subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and MyFreeScoreNow/myfreescorenow.com are each waiving the right to a trial by jury or to participate in a class action forever. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
In the event we are found liable for any cost or damage suffered by you, the liability of MyFreeScoreNow and its employees and agents shall be limited to the Membership and/or Action fees associated with the particular Action in question. The remedies set forth in this paragraph and termination of this Agreement as specified above are your exclusive remedies for claims or damages arising out of or relating in any way to this agreement or the products provided hereunder. To the extent permitted by law, our liability for any claim of any kind relating to this agreement or the products provided hereunder shall not exceed the amount paid by you to us for our products during the preceding twelve (12) months.
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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.
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 any of 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. 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.
The cost of any arbitration proceeding shall be split between You and Us. You will pay one half of the filing fee, or $125.00, whichever is less, when the demand for arbitration is made.
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 not qualify for such waiver, we will consider a written request from you to advance all or part of the filing fee.
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 procedures (additional charges may apply for these procedures).
BECAUSE YOUR PURCHASE AND USE OF OUR PRODUCT REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTIVE PROCEEDING, EXCEPT FOR SMALL CLAIMS COURT. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
16. General Terms
(a) You understand that we are providing you a Product and not a Service and that our Product fees are only for Credit Monitoring and Credit Scores. You understand that you may cancel at any time without any further obligation.
(b) Any dispute arising hereunder or related to products provided by us shall be resolved according to the laws of the State and County of Defending Party, without regard to conflict of law.
(c) Jurisdiction and Venue shall be 'exclusively and only' in the State and County of Defending Party. If you need to serve us with process or demand for Arbitration, the name and address of our agent for service of process is: LegalZoom - 100 West Broadway, Suite 100, Glendale, CA 91210.
(d) All notices required or permitted hereunder shall be in writing and sent via our on-line contact us form in our help center of our web site or mailed to MyFreeScoreNow - PO Box 3453, Thousand Oaks, CA 91359
(e) We reserve the right at any time and without prior notice to you to change the product's available hours of operation or to limit your access to the product in order to perform repairs, make modifications or as a result of circumstances beyond our reasonable control.
(f) The Service Agreement set forth in this Agreement constitute our entire agreement relating to the subject matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any correspondence or purchase order, shall be of no effect.
(g) If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.
(h) From time to time we may revise this Service Agreement. Revisions will be effective when posted or as otherwise stated with notice to you. Additional terms and conditions may apply to specifics of our Memberships, Products or to participate in our affiliate program, contests or surveys.
(i) You represent that you have read this Service Agreement and that you understand these terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the product and your Membership, MyFreeScoreNow is relying on your agreement to be bound by the terms of this agreement.
17. About Third Party Offers, if any
From time to time you may see third party offers from our partners. We do not guarantee any presentment of offers for any particular types of products or services; nor, that you will meet the approval criteria for any particular offer shown. It will be your choice in all circumstances to apply for any product or service offered by our partners.
18. The Federal E-Sign Act (HR-1714) on Final Digital Signature
You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
/_/ I agree to all Terms. I received my Consumer Rights and Information Statement. Prior to your registration as a Member, you will be required to check an on-line confirmation box confirming your agreement.
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within five days from the date the contract is signed.
To cancel this contract, simply log in to your account at member.myfreescorenow.com.
Or, alternatively, you may also cancel this contract by mail. Please deliver a signed and dated copy of this cancellation notice, or any other written notice, to: MyFreeScoreNow - PO Box 3453, Thousand Oaks, CA 91359.
[ ] I hereby cancel my contract, and am within my five-day right to cancel.
[ ] I hereby cancel my contract.
Print Name________________________________________________ [required]
User Name_________________________________________________ [required]
Email you used to sign up________________________________ [required]
Date of Birth_____________________________________________ [required]
Telephone (may be used to verify your identity and your intent to cancel) (_____) ____________
Reason for cancellation_____________________________________________
Signature [required]:__________________________________________ Date:___________
Please print the above cancellation notice form, complete, sign, date it and mail to
MyFreeScoreNow – PO Box 3453, Thousand Oaks, CA 91359.
19. Notice for Users in California
This notice is for users of the website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.