Last Updated: February 6, 2018
- No Professional Advice
- Your Account.
- FCRA Disclosures
- Electronic Communications.
- Website Licenses.
- User Content License.
- Accuracy of the Information.
- Linking to this Website.
- Third Party Websites.
- Child Online Protection Act.
- Access and Interference.
- Force Majeure.
- Limitations of Liability.
- Disputes; Arbitration.
- General Provisions.
- Software Terms.
- Contact Information.
- Notice to California Residents.
1. INFORMATIONAL PURPOSES; NO PROFESSIONAL ADVICE.
THE INFORMATION, CONTENT AND MATERIALS CONTAINED AT AND WITHIN THE WEBSITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT MEANT TO BE A SUBSTITUTE FOR PROFESSIONAL COUNSELING AND/OR ADVICE FROM CERTIFIED LEGAL OR FINANCIAL PROFESSIONALS. FOR SPECIFIC ADVICE REGARDING YOUR PARTICULAR SITUATION, YOU MUST SEEK ADVICE FROM QUALIFIED LEGAL, TAX OR FINANCIAL ADVISORS. CheckFreeScore.com is not a credit repair organization, credit counselor, or financial or legal advisor as defined under federal or state law. Use of our Services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating. Additionally, we do not guarantee that the information we present as part of our Services, including credit report or credit score information, is the same information that may be used or reviewed by a third party to assess your creditworthiness or eligibility for any particular product or service or for employment. CheckFreeScore.com does not represent or guarantee the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website.You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. CheckFreeScore.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
CheckFreeScore.com may, at its discretion, modify or discontinue any of the Services or a portion thereof, with or without notice. You agree that CheckFreeScore.com 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.
Should CheckFreeScore.com provide to you, or allow you to create a username and/or password which grants you to access certain parts of the Website and Services, you will be solely responsible for maintaining the confidentiality of the username, password and your account information, and are fully responsible for all activities, including electronic communications, that occur under and on behalf of your account. You agree that you will immediately notify us of any unauthorized use of your password or account, or any other suspected breach of security, and that you will log off of the Website and Services at the end of each session to prevent fraud on your account by third parties. The Website and Services are not intended for use by children under the age of 18. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
4. YOUR ACCOUNT.
By registering, you also specifically consent to let us request and receive your consumer credit reports and other information and data about you from the three national credit reporting agencies (i.e. Equifax, Experian, TransUnion) to include in your Member Profile. The credit reports 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 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 CREDIT REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN 2 YEARS, OR BOTH.
5. FCRA DISCLOSURES
The Fair Credit Reporting Act ("FCRA") allows you to obtain from each national credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through the Website or Services are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies (i.e. Experian, Equifax and TransUnion).
To obtain the free reports, you can:
- Call 1-877-322-8228;
- Order online at www.annualcreditreport.com; or
- Complete the Annual Credit Report Request Form, available at www.ftc.gov/credit, and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281
You are also entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
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 CheckFreeScore.com to dispute inaccurate or incomplete information in your credit file maintained by the credit reporting agencies.
Any Credit Report you are request from CheckFreeScore.com is not intended to constitute the disclosure of information required by the FCRA or similar state 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. If you are a resident of Mississippi, then beginning in 2016, you are entitled to free credit reports for three (3) years. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
By registering as a member of CheckFreeScore.com, you agree to pay the applicable fees, including setup fees, one time fees and/or recurring membership fees. Applicable fees will be invoiced at the rate and frequency as provided and set forth at the time of purchase.
7. ELECTRONIC COMMUNICATIONS.
By registering with CheckFreeScore.com, you consent to receive communications from us electronically and agree to be added to our customer email list, as well as our SMS text message customer list. We may communicate with you by e-mail, by posting notices on the Website, by delivering notifications through our mobile applications or through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may send you e-mail newsletters on a variety of topics, and may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose. Additionally, even if you opt-out of marketing emails, if you are a client of CheckFreeScore.com or have requested that we contact you about our products or services, you authorize us to send you important notices about the products or services and any pending transactions to an email address you provide to us. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.
8. WEBSITE LICENSE.
All of the content featured, displayed, included in or made available on the Website or through the Services, including without limitation text, graphics, logos, photographs, button icons, images, moving images, sound, illustrations, data downloads, data compilations and software ("Content"), are owned by CheckFreeScore.com, its licensors, vendors, and/or agents and is protected by United States copyright, trademark and/or patent laws. You may not use, copy, reproduce, publish, upload, post, display, perform, transmit, distribute, modify, license, create derivative works from, transfer or sell any of the Content in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without CheckFreeScore.com's prior written consent. CheckFreeScore.com's trademarks and trade dress may not be used in connection with any product or service that is not CheckFreeScore.com's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits CheckFreeScore.com. All copyrights and trademarks not owned by us that appear on the Website or in the Services are the property of their respective owners. We may own patents that apply to the Services and to the features and services accessible via the Website. Portions of the Services or Website may operate under license of one or more patents.
10. USER CONTENT LICENSE.
CheckFreeScore.com does not endorse any third-party content, including any opinion, recommendation, or advice expressed on or through the Website, and we expressly disclaim any and all liability in connection with any such content. Should you use or rely on such third-party content, data, advertisement, products, goods or services, available or unavailable from, or through any third party, CheckFreeScore.com is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance and you waive the right to bring or assert any claim against CheckFreeScore.com relating to any interactions or dealings with any third-party and release CheckFreeScore.com from any and all liability for or relating to any interactions or dealings with such third-party.
12. ACCURACY OF INFORMATION.
We attempt to ensure that all information is complete, accurate and current. However, we make no representations or warranties as to the completeness, accuracy, reliability, currency of any information or descriptions of products, services or other content of the Website or Services. Additionally, we reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Website or Services, including but not limited to, content or features. We may impose limits on certain features of the Website or Services or restrict your access to part or all of the Website or Services without notice or penalty.
13. LINKING TO THIS WEBSITE.
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
15. THIRD PARTY WEBSITES.
The Website may contain links to websites and/or resources that are not owned, operated or controlled by CheckFreeScore.com or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible or liable for the availability of, or any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
17. CHILD ONLINE PROTECTION ACT NOTIFICATION.
Pursuant to 47 U.S.C. Section 230(d) as amended, CheckFreeScore.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Net Parents website, http://www.netparents.org/parentstips/browsers.html.
18. ACCESS AND INTERFERENCE.
You are responsible for obtaining at your own expense, all equipment and services needed to access and use the Website and Services, including all devices, internet browsers and internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
19. FORCE MAJEURE.
CheckFreeScore.com shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body, or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
YOUR USE OF THIS WEBSITE AND THE SERVICES IS AT YOUR RISK. THE CONTENT, FUNCTIONS, INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CheckFreeScore.com, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER CheckFreeScore.com, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
21. LIMITATIONS OF LIABILITY.
CheckFreeScore.com DOES NOT WARRANT THAT THE WEBSITE AND SERVICES, ITS SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT FROM CheckFreeScore.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL CheckFreeScore.com, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSEES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE AND SERVICES, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT CheckFreeScore.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES. IN NO EVENT SHALL CheckFreeScore.com'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS ($25.00) OR (B) THE AMOUNT YOU HAVE PAID FOR SERVICES IN THE PRECEDING SIX (6) MONTHS OF YOUR CLAIM.
You agree to defend, indemnify and hold CheckFreeScore.com, its officers, directors, employees, agents, licensees, successors and assigns, and any affiliated company or individual harmless from any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (i) your breach or violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (ii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iii) your violation of any law, rule or regulation of the United States or any other country; (iv) any claim for damages that arise as a result of any content that you place or post on the Website; or (v) any other party's access and use of the Website with your unique username, password or other appropriate security code. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.
23. CANCELLATION; TERMINATION.
At any time you may terminate your membership with CheckFreeScore.com 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.
We may suspend or terminate your membership or your use of this Website or Services at any time, for any reason or for no reason. We may also block your access to our Website or Services in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. If you become dissatisfied with the Website, your only recourse is to immediately discontinue use of the Website. Upon cancellation or termination, all rights granted to you will automatically terminate and immediately revert to CheckFreeScore.com and its licensors.
24. DISPUTES; ARBITRATION.
EXCEPT AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST CheckFreeScore.com IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST CheckFreeScore.com IN ANY JURISDICTION IN THE UNITED STATES. CheckFreeScore.com AND YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
25. GENERAL PROVISIONS.
27. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE.
28. SOFTWARE TERMS.
The following additional terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Website and Services (the "Software"):
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.
- Updates. In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
29. CONTACT INFORMATION.
30. NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents are entitled to additional specific consumer rights information. To file a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at CheckFreeScore.com, 5100 Buckeystown Pike Suite 250 Frederick, MD 21704, (855) 504 5868, email@example.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.