PRIVACYGUARD IS AN AUTOMATICALLY RENEWING MEMBERSHIP SUBSCRIPTION SERVICE. TRILEGIANT WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP AT THE END OF EACH BILLING CYCLE AND BILL THE THEN-CURRENT RENEWAL FEE TO YOUR DESIGNATED BILLING SOURCE, UNTIL YOU CANCEL YOUR MEMBERSHIP AT ANY TIME.
These terms ("Terms" or "Agreement") shall constitute the agreement between Trilegiant Corporation ("we," "us," or "Trilegiant"), a Delaware corporation, P.O. Box 4922, Stamford, CT 06907, providing a service called PrivacyGuard, and you ("You"), the end user of this service. PrivacyGuard, together with any and all other services or products offered hereunder, shall be referred to as "PG" or "PrivacyGuard". By enrolling in PG, You agree to be bound by these Terms.
IMPORTANT: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER, AS DETAILED IN SECTION 5 OF THESE TERMS. PLEASE READ THESE TERMS CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST TRILEGIANT.
1. SERVICE - (a) PG will enable You to access a new credit report1 relating to your credit file from one or all three of the major credit reporting agencies every 30 days following the date that You first access your credit report through the PG service; a copy of your personal VantageScore® credit scores2; Credit Score Alert Notifications3; Credit Alert Daily Monitoring4 from one or all three of the major credit reporting agencies; forms and toll-free phone numbers to assist You in answering credit report-related questions; and forms and toll-free phone numbers to assist You in answering product and resolution-related questions. (b) Trilegiant reserves the right to change or modify the terms and conditions of this Agreement at any time and without notice. Trilegiant may cancel this Agreement upon written notice and refund of the current term's membership fee unless the reason for such cancellation is your failure to pay or your misuse of PG. (c) Any or all of the PG benefits are provided by third parties, unaffiliated with us, whose respective terms and conditions will govern to the extent they are not inconsistent with these Terms.
2. WHO MAY USE; RESTRICTIONS ON USE - (a) The PG service is non-transferable. You agree that You will use PG only for your own behalf and You will be the end user of the information provided by PG. You will be responsible for all use of your membership number and must notify Trilegiant immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. You acknowledge and agree that Trilegiant will only allow You to access the PG service if You continue to meet the requirements set forth herein. (b) You understand that by enrolling in the PG service, You are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for Trilegiant and its service providers, which may include ConsumerInfo.com, Inc. ("CIC") and CSIdentity Corporation ("CSID"), to obtain information from your personal credit profile from Experian, Equifax, and TransUnion, the three major credit reporting agencies. You authorize Trilegiant and its service providers to use your Social Security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products.
3. LIABILITY - YOU ACCEPT ALL INFORMATION RECEIVED THROUGH PG "AS IS." NEITHER TRILEGIANT, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, OR CREDIT SCORE, OR IN PROVIDING YOU WITH ANY OTHER PRODUCTS OR SERVICES IN CONNECTION WITH THE PG SERVICE. NEITHER TRILEGIANT, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR INFORMATION OR SERVICE SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE PG SERVICE. NEITHER TRILEGIANT, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE PG SERVICE OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE PG SERVICE. NEITHER TRILEGIANT, CIC, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR INFORMATION OR SERVICE SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION YOU RECEIVE IN CONNECTION WITH THE PG SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ALL INSTANCES AND IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID US FOR YOUR MEMBERSHIP. PG IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.
4. GOVERNING LAW - This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
5. ARBITRATION - You, on the one hand, and Trilegiant, CIC, and CSID, on the other, agree that any claim or dispute ("Claim") between us shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its rules for consumer arbitrations. However, either party may pursue a Claim in small claims court consistent with the jurisdictional limits of such court. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims by You against Trilegiant, CIC, or CSID as well as their respective officers, agents, employees, vendors, and corporate affiliates. You agree that, by entering into this Agreement, You, Trilegiant, CIC, and CSID are each waiving the right to a trial by jury or to participate in a class action. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for arbitration fees and costs due under the AAA Consumer Rules in excess of $125. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim, except that the arbitrator may award public injunctive relief if You are a resident of California. For more information, including how to file a Claim and access the AAA Consumer rules, visit www.adr.org/consumer or call 800-778-7879. At your election, arbitration will take place in the county or parish of your residence, as determined by your contact information on file with Trilegiant, or by video or telephonically.
YOU, ON THE ONE HAND, AND TRILEGIANT, CIC, AND CSID, ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Trilegiant agree otherwise, the arbitrator may not consolidate more than one person's Claims and may not otherwise preside over any form of a representative or class proceeding or any coordinated "mass arbitration" effort. If the specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Section 5 shall be null and void. As referenced above, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. Any arbitration proceeding will otherwise be governed by Section 4 (Governing Law). The terms of this Section 5 shall survive any termination, cancellation, or expiration of this Agreement.
6. MEMBERSHIP FEE - For your convenience, your membership fee will be automatically billed to your designated billing source (i.e., credit card, debit card or checking account) authorized at the time of enrollment or subsequently updated by You as reflected in your account, in accordance with the billing terms furnished to You upon your enrollment.
7. RENEWALS - Unless and until You notify Trilegiant that You do not wish to renew your membership, Trilegiant will automatically renew your membership at the end of each billing period and bill the then-current renewal fee to your designated billing source. You will be notified of any price increase and may cancel your membership if You do not want to continue to be billed at the new price.
8. RIGHT TO CANCEL MEMBERSHIP - (a) You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-800-374-8273, writing to PrivacyGuard, P.O. Box 6100 Westerville, OH, 43086-6100, Attention: Membership Department, emailing service@privacyguard.com, or clicking the cancel link in your account. If You cancel this Agreement during your trial period, You will owe nothing further. If You cancel this Agreement at any time thereafter, You will owe nothing further. You will remain liable for any other fees or charges to be paid pursuant to this Agreement. (b) If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Agreement in which event You will no longer have access to any of the PG benefits. In addition to Trilegiant's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Agreement in effect but suspend your access to all of the PG benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
9. ELECTRONIC COMMUNICATIONS - By enrolling in PG, or by receiving one or more of the PG benefits, You agree to the terms and conditions of this Agreement and agree that any and all disclosures and communications from Trilegiant regarding PG benefits or this Agreement may be made to You electronically in accordance with the notice provisions of this Agreement. Trilegiant, at its option, may communicate with You regarding the PG service by mail, by telephone, including text messages, or by electronic communications. Trilegiant may communicate with You electronically by means of electronic mail to the email address You provide when You enroll in the PG service and/or by postings to the PG service website. Trilegiant may communicate electronically to You the following types of communications: PG Terms and Conditions (including any amendments thereto), notices or disclosures regarding the PG service, payment and billing authorizations, and other matters relating to your use of the PG service. Your continued enrollment in the PG service will constitute your consent to amendments to the PG Terms and Conditions.
You may contact Trilegiant at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may also request a paper copy of the terms of the payment authorization without a fee. You may contact Trilegiant at the same telephone number or email address listed above to update your contact information or to withdraw your consent to receive electronic communications. Trilegiant reserves the right to terminate your use of the PrivacyGuard service if You decline or withdraw your consent to receive electronic communications from Trilegiant.
You will need the following software and hardware to access electronic communications sent to You by Trilegiant as part of your PrivacyGuard membership: IBM or MAC compatible computer, Internet access, a working email address, and an Internet Browser (Internet Explorer version 5.2 or a later version). To retain copies of electronic communications, You must print a copy using a printer attached to your computer or save an electronic copy to your computer's disk or other storage device.
As part of your PrivacyGuard membership, You may be eligible to separately enroll in text messages, which allows You to receive important text message alerts from PrivacyGuard concerning your monitored information. The number of text alerts we send You will vary and will depend on the kinds of alerts You elect to receive and the activity related to your account. Text messaging and data rates may apply, including applicable roaming charges, depending on your cell phone provider's plans and applicable fees, and You may be charged by your provider for text messaging and data plan fees. We cannot guarantee that text messages we send will be received, or that they will be complete or timely.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGULATIONS, WE WILL NOT BE RESPONSIBLE FOR, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATED TO, THE FAILURE OF ANY TEXT ALERT TO BE ACCURATELY TRANSMITTED OR TO BE FULLY OR TIMELY DELIVERED TO YOU FOR ANY REASON WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT THE ACCURACY, COMPLETENESS AND DELIVERY OF TEXT MESSAGES MAY BE AFFECTED OR PREVENTED BY TECHNICAL ERRORS OR OTHER PROBLEMS THAT WE OR THIRD PARTIES MAY EXPERIENCE OR ISSUES THAT RELATE TO YOUR CELL PHONE SERVICE ACCOUNT OR YOUR MOBILE DEVICE. WE WILL NOT BE RESPONSIBLE FOR ANY SUCH ERRORS, PROBLEMS OR ISSUES THAT INTERFERE IN ANY WAY WITH THE TEXT MESSAGE ALERTS.
If You consent to SMS service, your consent is not a condition of enrollment in PG. You can cancel the SMS service at any time by responding "STOP". When You send the SMS message "STOP" to us, we will reply with an SMS message that confirms that You have been unsubscribed. After this, You will not receive any additional SMS messages from us. You can obtain more information at any time by responding "HELP". When You send the SMS message "HELP" to us, we will respond with instructions on how to use our service and how to unsubscribe.
10. VIRUSES; DESTRUCTION OF PG'S WEBSITE - By participating on PG's website, You agree to not upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. You also agree not to interfere with the servers or networks connected to PG's website or disobey any requirements, procedures, policies, or regulations of networks connected to PG's website. ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE PG'S WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF SUCH SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property due to your access to, use of, or browsing in PG's website or your downloading of any materials, data, text, images, video, or audio from such site.
11. TECHNICAL ISSUES - By using PG, You acknowledge that technical processing and transmission of PG's website, including the information You enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. TRILEGIANT DOES NOT MAKE ANY WARRANTY THAT THE FUNCTIONS OF PG'S WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT ANY ERRORS ON SUCH SITE WILL BE CORRECTED. TRILEGIANT ASSUMES NO RESPONSIBILITY FOR (I) ANY PROBLEMS RELATING TO TECHNICAL MALFUNCTION OR DELAYS OF TELEPHONE NETWORKS OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, (II) FAILURE OF ANY EMAIL TO BE RECEIVED DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF THE INTERNET, TRILEGIANT'S SITES, OR ANY COMBINATION THEREOF, AND/OR FOR (III) ANY INJURY OR DAMAGE TO USERS' COMPUTERS OR ANY OTHER COMPUTER RESULTING FROM DOWNLOADING ANY MATERIALS RELATING TO PG'S WEBSITE.
12. VANTAGESCORE 3.0 DISCLOSURE - VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian, TransUnion, and Equifax. VantageScore 3.0 is used by some, but not all lenders. Higher scores represent a greater likelihood that You will pay back your debts, so You are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that You may be a higher credit risk. There are three different major credit reporting agencies, Experian, TransUnion, and Equifax, that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So, your credit scores can vary if the information they have on file for You is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file. There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so do not be surprised if your lender gives You a score that is different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores.) Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender's score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
1 You do not access a copy of your credit report and VantageScore® 3.0 credit score through the PG website within 7 days of your enrollment in PG, a copy of your credit report and VantageScore® 3.0 credit score will be sent to You by PG by first-class U.S. Mail.
2 Your VantageScore® credit score(s) are provided by VantageScore Solutions LLC. The VantageScore® model, with scores ranging from 300 to 850, was developed jointly by the three major national credit reporting agencies - Experian®, TransUnion®, and Equifax®. The version of VantageScore® provided here is used by some, but not all, lenders. Your score(s) may not be identical or similar to scores received directly from those agencies, from other sources, or from your lender.
3 Tracker displays your VantageScore® 3.0 credit score. The VantageScore® model, with scores ranging from 300 to 850, was developed jointly by the three major national credit reporting agencies - Experian®, TransUnion®, and Equifax®. The version of VantageScore® provided here is used by some, but not all, lenders. Your score(s) may not be identical or similar to scores received directly from those agencies, from other sources, or from your lender.
4Daily monitoring will notify You of certain new inquiries and derogatory information, accounts, public records, or change of address that have been added to your credit reports as reported by any of the three major credit reporting agencies. If no information has been added or changed, then You will receive a monthly or quarterly notification stating that no information has changed within your credit file.
IMPORTANT NOTICE: YOUR LIABILITY FOR UNAUTHORIZED USE UNDER FEDERAL LAW: For credit cards: If the card issuer has notified You of your maximum potential liability, has provided a means for You to notify the card issuer of credit card loss, and if the credit card contains a means of identifying the cardholder or authorized user, then your liability for unauthorized use of your card before the card issuer is notified is no more than $50.00 on each card. For debit and cash machine (ATM) cards: your liability for unauthorized use of the card is no more than $50.00 if You notify the card issuer of card loss within two business days after You learn of the card loss. After that, your liability is up to $500.00, provided that the card issuer establishes that the unauthorized charges would not have occurred if You had notified the card issuer within the two-business day period. In addition, if You do not notify the card issuer within 60 days after a periodic statement showing unauthorized transfers is sent to You, then You will also be liable for the amount of unauthorized transfers that occurred after the 60-day period and before notice to the card issuer, provided that the card issuer establishes that the unauthorized charges would not have occurred if You had notified the card issuer within the 60-day period.
Your card issuer's liability policy may provide for lesser liability amounts than indicated above. Consult your card issuer's terms and conditions for specific details. The policy of many card issuers is not to hold cardholders liable. Nothing set forth in your membership materials alters any rights or liability You may have under federal or state law with respect to unauthorized or erroneous transactions on your card or bank accounts. You are not required to have this service to maintain your credit, debit or ATM cards.
The federal Fair Credit Billing Act gives You the right to dispute billing errors, such as unauthorized charges, on your credit card by notifying your credit card company in writing within 60 days after the first bill containing the error was sent to You. The credit card company must resolve the dispute within two billing cycles (not to exceed 90 days) after receiving your notification. You may withhold payment on the disputed amount (and related charges) during the investigation. You must pay the amount not in dispute. You will be informed in writing whether your bill is correct or contains an error. If your bill contains an error, it will be corrected. Your liability for unauthorized charges is limited to $50 per credit card. You are not required to enroll in PrivacyGuard to maintain your credit card.
Your rights under the Fair Credit Reporting Act (FCRA). Under the FCRA, you have the right to request a free credit report once every twelve months from each of the nationwide consumer reporting agencies. You can request your report from each reporting agency at the same time, or at separate times, in three ways. Go to http://www.annualcreditreport.com and either complete the order form online, or print out and complete the Annual Credit Report Request form and mail it to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. Or call toll-free 1-877-322-8228 and request a report.
Trilegiant Corporation, Trilegiant Insurance Services, Inc., Alliance Marketing Association and their credit information subcontractors shall not have any liability for the accuracy of the information contained in the credit reports, credit scores, Credit Alert® reports or other reports which you receive in connection with the PrivacyGuard service, including any liability for damages, direct or indirect, consequential or incidental.
PrivacyGuard is a service of Trilegiant Corporation in conjunction with Trilegiant Insurance Services, Inc. and Alliance Marketing Association. The PrivacyGuard service may be modified or improved at any time and without prior notice. PrivacyGuard and Credit Alert are registered service marks of Affinion Publishing, LLC.
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