Enhanced Identity Theft Protection Terms and Conditions
These terms ("Terms" or "Agreement") shall constitute the agreement made between Trilegiant Corporation ("We," "Us," or "Trilegiant"), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, offering a membership called the Enhanced Identity Theft Protection membership ("EITP membership") and you, the end user of the EITP membership ("You" or "Your"). By purchasing the EITP membership, You agree to be bound by these Terms.
Trilegiant, together with Trilegiant Insurance Services, Inc. ("TIS"), shall provide the EITP membership through Alliance Marketing Association ("AMA"). By purchasing the EITP membership, You are automatically admitted as a member of AMA. The EITP membership will provide You with access to Your initial credit report(s) and CreditXpert® Score(s)™, Experian Scorex PLUSSM, Daily Credit Monitoring, Identity Fraud support, Credit Alerts, access to Identity Theft Insurance Coverage1 and toll free numbers to assist You in understanding Your credit report.
Daily credit monitoring will notify You of any new inquiries, certain derogatory information, accounts, public records, or change of address that have been added to Your credit report(s) as reported by the three major credit bureaus.
Score tracker displays your Experian Scorex PLUSSM credit score. Although this score is not used by lenders to evaluate Your credit, it is intended to reflect common scoring practices. Your score is calculated using a specific algorithm and is based on information from the files at Experian. Your score may not be similar to scores You receive directly from Experian or from other sources.
The report(s) and alerts are based on information obtained from the three major credit bureaus. The EITP membership is not a credit counseling service and does not promise to help You obtain a loan or improve Your credit record, history, or rating.
Trilegiant reserves the right to change or modify any of the terms and conditions or terminate this agreement upon thirty days advance written notice.
2. Use of the EITP membership:
You will be responsible for maintaining the confidentiality of Your EITP membership number, and if applicable for Your online EITP membership, Your username and password for the website. You must notify Us immediately of any unauthorized use, theft or misplacement. You also agree to provide accurate and current information about yourself, including Your current address and/or email address in connection with Your purchase in, and use of, the EITP membership. You understand that by purchasing the EITP membership, 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"), to obtain information from your personal credit profile from Experian®, Equifax®, and TransUnion®, the three major credit bureaus. You authorize Trilegiant and its service providers to share Your personal information (e.g. Social Security number) with the credit bureaus and similar data providers to access Your personal credit profile, to verify Your identity, and to provide daily credit monitoring, reporting and scoring products.
You may not purchase the EITP membership unless You are 18 years of age or older. You agree that You will use the EITP membership only for Your own behalf. You will be responsible for all use of Your member number and must notify EITP immediately of any unauthorized use of Your member number, or the theft or misplacement of Your EITP member number. You also agree to provide accurate and current information about yourself in connection with Your purchase of, and use of, the EITP membership.
NEITHER TRILEGIANT, TIS, AMA, CONSUMERINFO.COM, INC., NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERTS, QUARTERLY UPDATE, OR SCORE. NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR INFORMATION OR SERVICE SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED OR PROVIDED IN CONJUNCTION WITH THE EITP SERVICE. NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE SERVICES. NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THE MEMBERSHIPS. NEITHER TRILEGIANT, TIS, AMA, CIC, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUMES ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE MEMBERSHIP OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE EITP MEMBERSHIP. TRILEGIANT, TIS, AMA, CIC, AND ANY OF THEIR RESPECTIVE AFFILIATES ARE NOT RESPONSIBLE FOR NEGATIVE OR INACCURATE INFORMATION CONTAINED IN THE EITP MEMBERSHIPS. 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 EITP MEMBERSHIP. 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 and enforced in accordance with, the laws of the State of Connecticut without giving effect to any principles of conflicts of law. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
5. Arbitration agreement:
You, and Trilegiant and/or CIC, agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims by You against Trilegiant or CIC as well as their respective corporate affiliates. You agree that, by entering into this Agreement, You, Trilegiant and CIC 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 your arbitration fees and costs 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. YOU, AND TRILEGIANT AND/OR CIC, 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. 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. Notwithstanding any of the foregoing provisions, 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. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 5 shall survive any termination, cancellation or expiration of this Agreement.
6. Third Party Beneficiaries:
You agree that these Terms, including the arbitration provision contain in Section 5, shall confer third-party beneficiary status on any entity or person that assists Trilegiant in providing the EITP membership with respect to any claims relating thereto, including any service provider or marketer of this product, which may include ConsumerInfo.com, Inc. and its subcontractors. The terms of this section shall survive any termination, cancellation or expiration of this agreement.
7. Membership fee:
For Your convenience, at the end of Your thirty days, for $1 trial period, the $15.99 monthly EITP membership fee will be automatically billed to or deducted from Your credit or debit card account (designated the billing source) authorized at the time of purchase, unless You call to cancel. You will be notified via mail of any price increase and may cancel Your EITP membership if You do not want to continue to be billed at the new price.
8. Right to cancel:
You have the right to cancel this Agreement at any time and owe nothing further. You can cancel this Agreement by calling 1-877-816-8243, writing to Enhanced Identity Theft Protection, P.O. Box 41249, Nashville, TN 37204-1249, Attention: Customer Department, emailing email@example.com, or clicking the cancel link on the Customer Service page. You may cancel this Agreement at any time, and You will owe nothing further. If You have any questions regarding Your EITP membership details, please contact Us at 1-877-816-8243, or, if applicable, sign into Your EITP account at www.enhanceditp.com and select the Customer Service tab.
Trilegiant, at its option, may communicate with You regarding the EITP membership by mail, by telephone or by electronic communications. Trilegiant may communicate with You electronically by means of electronic mail to the e-mail address You provide when You sign up for the EITP membership and/or postings to the EITP membership website. Trilegiant may communicate electronically to You the following types of communications: Membership Terms and Conditions (including any amendments thereto), notices or disclosures regarding the EITP membership, payment and billing authorizations, and other matters relating to Your use of the EITP membership. 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 e-mail 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 EITP membership 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 EITP membership: IBM or MAC compatible computer, Internet access, a working e-mail address, and 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.
If You purchased the EITP membership by any method other than online, Trilegiant will communicate via email or mail, at Trilegiant's option, to Terms and Conditions, notices or disclosures regarding the EITP membership, and other matters related to Your use of the EITP membership. Trilegiant will communicate to You by means of electronic mail to the current email address or by means of US mail to the postal address You have provided to Us. If applicable for an online membership, if the email We have on file results in a delivery error message We may attempt to communicate with You via US mail. You may contact Trilegiant at 1-877-816-8243 to request another electronic copy of an email that was sent to You or to request a paper copy of any EITP membership documents without a fee. You may also contact Us at the same number to update Your contact information or, if applicable, sign in to Your EITP membership site at www.enhanceditp.com to change Your contact information.
With this EITP membership You will receive up to $10,000 of Identity Theft Insurance included in Your monthly fee, with a $100 deductible. The $10,000 dollars of insurance is designed to cover expenses You incur in recovering from identity theft. Please refer to the summary of insurance You received within Your welcome materials for more information.
The Identity Theft Insurance benefits are provided to all customers, along with all other benefits afforded as part of Enhanced Identity Theft Protection through Alliance Marketing Association (the "Association"). Upon Your purchase in the Enhanced Identity Theft Protection membership, You will automatically be admitted as a member of the Association. The Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of American International Group, Inc., (collectively, the "Company") under group policy # 7077733 and 1423212. The Benefit Summary under the master policy issued by the Company with respect to such insurance will be available to You upon Your purchase of Enhanced Identity Theft Protection. The summary of policy benefits, terms, conditions, exclusions, and limits of coverage set forth in the Benefit Summary are subject to the terms of the master policy.
11. CreditXpert® Score(s)™:
Your CreditXpert® Score(s)™ are provided by CreditXpert Inc. Although these scores are not used by lenders to evaluate Your credit, they are intended to reflect common credit scoring practices and are designed to help You understand Your credit. Your score(s) are based on information from the files at Experian. Your score(s) may not be identical or similar to scores You receive directly from Experian or from other sources.
You have numerous rights under the FCRA, including the right to obtain a free credit report annually from each of the three major credit bureaus, Experian, Equifax and TransUnion. Those reports are available at no cost and You are not required to purchase this EITP membership or any similar service to obtain those free reports. The credit report(s) provided by the EITP membership may not have the same information as the free credit report. You can obtain directly from the three bureaus by visiting www.annualcreditreport.com, or calling 1-877-322-8228. Georgia residents can receive two free reports each year.
You have the right under the FCRA to dispute inaccurate information in Your credit report. The bureaus are required to investigate and respond to Your dispute, but are not obligated to change or remove accurate information. While this EITP membership can provide You with direction in filing a dispute, the FCRA allows You to file a dispute for free without the assistance of a third party.
For information on these and the numerous other rights You have under the FCRA visit http://www.consumer.ftc.gov/articles/0155-free-credit-reports.
The Enhanced Identity Theft Protection membership is a service of Trilegiant Corporation in conjunction with Trilegiant Insurance Services, Inc. and Alliance Marketing Association. Any part of the service may be modified or improved at any time and without prior notice. Credit Alert is a registered service mark of Affinion Publishing, LLC.
© 2013, Trilegiant Corporation
All rights reserved
Credit Report Disputes
Note: Enhanced Identity Theft Protection provides you with printable dispute forms as well as toll-free assistance in helping you to dispute inaccuracies in your reports.