Terms of Service
These terms and conditions ("Terms and Conditions") apply to all transactions between you and CheckFreeScore.com (the "Company") and all other websites and/or Domains owned and operated by the Company, CSIdentity Corporation ("CSID"), and Experian. By submitting your order, you acknowledge receipt of our Privacy Notice and agree to its terms, confirm your authorization for CSID and TUI to obtain your consumer report ("Basic Report"), scores ("Scores") and other enhancements to the Basic Report, and agree to the Terms and Conditions herein. For purposes of these Terms and Conditions, the term "Credit Reports" includes Basic Reports, Score and other enhancements to Basic Reports, individually or collectively, as the context requires.
YOUR USE OF THE SERVICES (DEFINED BELOW) 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 WEB SITE, THE SERVICES OR ANY INFORMATION CONTAINED ON THIS WEB SITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS.
These Terms and Conditions are made between you, the Company, CSID and TUI, the providers of the products and services at this web site ("Web Site"). All products and services (including, but not limited to, the Credit Reports) offered on this site by CSID and TUI, (collectively, the "Services"), are subject to these Terms and Conditions, which may be updated from time to time. Please check this Web Site regularly for updates to these Terms and Conditions.
USE OF THE SERVICES
In consideration of your use of the Services, you agree to provide true, accurate and current information about yourself as prompted by the application form on this Web 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 the Company, CSID or TUI, have reasonable grounds to suspect that such information is untrue, inaccurate or not current, the Company, CSID or TUI, at their sole discretion, have the right to suspend or terminate your use of any Service and refuse all current or future access to use of the Services or suspend or terminate any portion thereof. Further, you agree that neither the Company, TUI nor CSID will be liable to you or any third party if, the Company, CSID and/or TUI suspends or terminates your access to the Services for any reason.
CSID and TUI obtains credit information used to prepare Credit Reports from the three national credit repositories (Equifax, Experian, Trans Union, collectively, the "CRA Repositories"). The Credit Reports CSID and TUI provide 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 understand that by accepting these Terms and Conditions you are providing "written instructions" to CSIdentity Corporation, Experian (with respect to Tri-Bureau services) and their respective affiliates, employees, agents, subsidiaries, affiliates, contractors, third party data providers, and all other credit reporting agencies under the Fair Credit Reporting Act ("FCRA"), as amended, including, without limitation, Experian, TransUnion, Equifax and affiliated entities, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the services to you.
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.
MODIFICATION OF SERVICES
The Company, CSID, and TUI may, at their discretion, modify or discontinue any of the Services or a portion thereof, with or without notice. You agree that the Company, CSID, and TUI will not be liable to you or any third party for any modification or discontinuance of any of the Services.Your continued use of the Services, or your failure to terminate your membership, after any such modifications have been made to the Services, will constitute your acceptance of those modifications.
Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to successfully provide our Services to you, including instant online delivery of your Credit Report and Score. For certain use of your Services, when the system is unable to verify your identity, you may be routed through a manual authentication process.
You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive your Services online. The Company, CSID, or TUI are 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 AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. THE COMPANY ,CSID AND TUI, AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, AND THE CRA REPOSITORIES EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES 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 WEB SITE OR OTHER MATERIALS THAT YOU RECEIVE FROM THE COMPANY, CSID, OR TUI DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. THE COMPANY, CSID, TUI AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, AND THE CRA REPOSITORIES MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE SERVICES (INCLUDING THE CREDIT REPORTS) ARE ACCURATE, COMPLETE, VALID OR ERROR-FREE; (II) THE SERVICES WILL BE DELIVERED IN A TIMELY FASHION, (III) THE SERVICES WILL BE DELIVERED ON AN UNINTERRUPTED BASIS; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE RELIABLE; AND (V) THE SERVICES WILL MEET YOUR NEEDS.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY, CSID AND TUI, AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES AND THE CRA REPOSITORIES WILL NOT BE LIABLE 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 SERVICES, EVEN IF THE COMPANY, CSID, OR TUI, OR THEIR RESPECTIVE SUBSIDIARIES OR AFFILIATES OR THE CRA REPOSITORIES 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; FOR 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 THE COMPANY, CSID, OR TUI THEN YOU AGREE THAT THE COMPANY'S, CSID'S, OR TUI'S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM THE COMPANY'S, CSID'S OR TUI'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE YOU PURCHASED FROM THE COMPANY.
These Terms and Conditions are governed by the laws of Maryland without regard to conflict of law provisions. You hereby consent to the exclusive jurisdiction of the courts of the State of Maryland with respect to the Company. You hereby consent to the exclusive jurisdiction of the courts of the State of Texas with respect to CSID, and venue shall be in Travis County, Texas.
The Customer will pay all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, tariffs, or other fees or charges now in force or enacted in the future, that arise from or as a result of, the Service.
You may terminate your membership during the seven (7) day trial membership and incur no additional charges. You may also request a refund of your processing/and or trial fee during the trial period.
Cancellation of Membership and Services
At any time you may terminate your membership by calling us at the toll free number (855) 504 5868. If you are not able to contact us via telephone please send your written request to CheckFreeScore.com | 5100 Buckeystown Pike Suite 250 Frederick, MD 21704. You cannot cancel via email or through alternate messaging platforms including but not limited to bug requests and payment inquiries submitted in customer portal. We do not provide pro rated refunds.
At the end of your 7 day trial the Membership Fee is automatically billed to the credit or debit card authorized by You, in accordance with the then-current payment terms for the current membership term. Credit and Identity protection monitoring services are only active when your account is in good standing. If applicable, in the event that your billing source cannot process the Membership Fee and is no longer good standing due to insufficient available credit or funds, we may, at our discretion, divide the total Membership Fee into incremental charges in order to process the total Membership Fee and keep monitoring enabled . We are 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.
We reserve the right to increase or decrease the membership fee, or add new fees and charges, from time to time. You agree that, unless You cancel Your membership prior to the effective date of the membership fee increase, You will be charged the new applicable periodic membership fee on each anniversary date after the effective date of such change, and You authorize Us to charge the new applicable periodic membership Fee to Your Payment Source. You are solely responsible for any and all fees charged to Your Payment Source by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Your continued use of the Services, or your failure to terminate your membership, after any such modifications have been made, will constitute your acceptance of those modifications.
All charges will be billed through the Company and shall appear on the customer's statement as CheckFreeScore.com.
Purchases of Transactional Services are Final
Transactional Services typically involve an order process associated with your request to purchase and receive a specific product and/or service, including but not limited to your credit report(s) and credit score(s) from the Providers. We will not issue a refund to you for any Transactional Services which allow you to access your credit report(s) and/or credit score(s) following the completion of your transaction.
Member Term. This Agreement begins on the date that the Customer accepts these Terms of Service and the Agreement will continue for the length time set forth in the Agreed to Billing Terms (the Term). The Term automatically renews for another Term of equal length, unless either party gives the other party written notice of its intent not to renew at least (i) 30 days, before the end of then current monthly Term. If notice of non-renewal is not timely received, then the Term will automatically renew. We reserve the right to increase or decrease the frequency of the renewal of the membership term, and/or the length of the membership term. You agree that, unless You cancel Your membership prior to the effective date of the membership term change Your continued use of the Services, or your failure to terminate your membership, after any such modifications have been made to the Services, will constitute your acceptance of those modifications
Termination by Company
The Company reserves the right to terminate or discontinue the Service at any time, for any reason or for no reason, in the Company's sole and absolute discretion. Any such termination may be without refund of payments already made.
All at Customer's Own Risk
The Customer acknowledges and agrees that the entire risk arising out of the use or performance of the Company Services remains with the Customer, to the maximum extent permitted by law.
Third Party Content
The Site provides links to web sites and access to content, products and services of third parties, and the Company makes no representation or guarantee regarding, and accepts no responsibility or liability for, the accuracy, quality, content, nature or reliability of web sites and content accessible from the Site, and you bear all risks associated with your access and use of such web sites and third party content, products and/or services. Further, links to third party web sites and content do not imply endorsement by or affiliation of Coupons with any third party or any third party web site, products and/or services.
Limitation of Damages
Under no circumstances shall the Company's aggregate liability to customer under this agreement exceed the service charges for the 12 months immediately preceding the event giving rise to the customer's claim.
Disclaimer of Liability for Damages
In no event will the Company, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to customer (or those using the service with or without the permission of customer) in connection with the Services be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not we were informed of the likelihood of any particular type of damages.
No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
The Customer may not assign this Agreement or any rights hereunder. The Company may assign this Agreement or any rights hereunder at any time to any party, as the Company shall determine in its sole discretion and without giving prior notice.
The failure of the Company at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by the Company.
The Terms and Conditions of this Agreement constitute the entire agreement between the Customer and the Company with respect to the subject matter hereof and this Agreement will supersede and replace all prior understandings and Agreements, in whatever form, regarding the subject matter. Any amendments or modifications or waivers to this Agreement must be in writing or will be without any effect.
If any part of this Agreement is declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
No Jury Trial
The parties hereby waive any right to have any claim tried in a jury trial and all such claims shall be tried in front of a judge with competent jurisdiction.
You understand and agree that all claims, disagreements, disputes or controversies between you and The Company, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies, including related to the Services, shall be resolved by final and binding arbitration. The arbitration shall take place in Maryland. The arbitration shall be administered by the American Arbitration Association ("AAA") under the AAA's Commercial Dispute Resolution Procedures as supplemented by the Supplementary Procedures for Consumer-Related Disputes (and as stated therein, if there is a difference between the Commercial Dispute Resolution Procedures and the Supplementary Procedures, the Supplementary Procedures will be used). Neither You nor The Company shall be entitled to join or consolidate claims in arbitration by or against other users/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity.
Waiver of Claims One Year
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Unsolicited Idea Submission Policy
CheckFreeScore.com or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("submissions") in any form to the Company. The sole purpose of this policy is to avoid potential misunderstandings or disputes when the Company's products or marketing strategies might seem similar to ideas submitted to CheckFreeScore.com. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.
Terms of Review Submission
You agree that: (1) your submissions and their contents will automatically become the property of the Company, without any compensation to you; (2) the Company may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for the Company to review the submission; and (4) there is no obligation to keep any submissions confidential.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis.