Revised March 13, 2020
You have requested to participate in the Experian ConnectSM service (the "Service") provided by Experian Information Solutions, Inc. ("Experian"). To the extent the Service contains an investigative consumer report as defined under the California Investigative Consumer Reporting Agencies Act, California Civil Code §1786, et seq. (“ICRAA”), Experian Background Data, Inc. (“EBD”), an affiliate of Experian, will provide the investigative consumer report to you as further described in Section 2 below. In instances where EBD is providing the Service to you, references in the Agreement to Experian shall apply to EBD and not Experian and EBD shall be solely responsible to you for such Service and not Experian. Your participation in the Service is subject to your acceptance of these terms and conditions. YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS, INCLUDING THE ARBITRATION PROVISION, BEFORE ENROLLING IN THE SERVICE. As a member of Experian Connect, a consumer ("Report Subject") may participate in the Service available through Experian Connect, such as (a) access to an abbreviated version of that consumer’s credit report and VantageScore® credit score or investigative consumer report (collectively "Credit Information") and the ability to authorize Experian to provide the Credit Information to a user ("End User") (collectively "Report and Score Service"); and (b) access to a Report Subject to view basic statistical data derived from that consumer’s credit report ("Credit Snapshot"). Additional services may be included in the Service in the future, and the registration and authentication information provided under this Agreement may be used in the provision of any such Service. Both Report Subject and End User, if any, agree to the applicable Terms and Conditions set forth herein.
These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all: (a) the Service; (b) interaction by any means between you and Experian regarding the Service; (c) your access to and use of the website located at www.experian.com/connect and connect.experian.com (the "Service Website"); (d) your access to and use of credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content"); and (e) the resolution of all claims and disputes between us through arbitration. YOU AND EXPERIAN UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN SECTION 23 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR ORDER OF, USE OF, AND ACCESS TO, THE SERVICE, SERVICE WEBSITE AND CONTENT AND RESOLUTION OF DISPUTES BETWEEN US ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE SERVICE, SERVICE WEBSITE AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE ARBITRATION PROVISION.
Upon executing this Agreement by clicking below to indicate your agreement and by ordering any Service, Experian will provide you with the ordered Service in accordance with these Terms and Conditions.
Experian ConnectSM is an online service in which once you are registered, an online account is created for you. To register for your account, you must provide us with your name, a valid address within the United States and an email address, and agree to be bound by these Terms and Conditions.
Because the Service provides access to credit reports and information, you must provide a valid Social Security number, your current address, and successfully pass authentication of your identity when requested by Experian. You also must provide valid credit card information for any Service for which a fee is charged. You agree to provide true, accurate, complete and current information about yourself when prompted to do so by the registration form, authentication form or otherwise requested to do so by Experian. By registering, 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 Experian has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Experian, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to any Service, Service Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Service, Service Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that Experian will not be liable to you or any third party if Experian suspends or terminates your order of, use of, or access to any Service, Service Website or Content, or any portion thereof, for any reason.
You agree not to share your PIN or password with third parties. You agree to promptly notify Experian at ExperianConnectSupport@experian.com of any unauthorized use of your account and any loss, theft or disclosure of your PIN or password. Failure to comply with these requirements shall constitute a breach of this Agreement and shall constitute grounds for immediate termination of your account and the Service.
Upon agreeing to the Terms and Conditions, some consumers who order the Report and Score service will receive an email with a link to the Experian Connect log-in page. Upon your registration with Experian Connect or request for a Service, and periodically thereafter, you will be asked to authenticate your identity in a manner which includes but is not limited to credit report information, identifying information (e.g. name, address, social security number) that you provide and your responses to questions related to your credit report information.
The Report and Score Service allows you to establish connections with third parties and authorize or request that they authorize the sharing of Credit Information. This Service will enable you as a Report Subject to (a) view your Credit Information ordered by you as a Report Subject for up to thirty days from the date of your request for your Credit Information, and (b) authorize your Credit Information to be viewed by End Users; or, if you are an End User, will enable you as an End User to view Credit Information about a Report Subject for which you have been authorized as an End User, for a limited time.
When instructed by Report Subject, Report Subject is authorizing Experian to provide Report Subject’s Credit Information to End Users with whom Report Subject has successfully connected for up to thirty days from the date of the Report Subject’s most recent order for Credit Information ("Request Time"). Each End User may access the Report Subject’s then current Credit Information and subsequently view a copy of the Report Subject’s Credit Information during the remaining Request Time associated with the applicable order for Credit Information unless the Report Subject terminates (deletes, cancels, removes or declines) an End User’s connection, access request or view capability. When an End User accesses the Report Subject’s Credit Information, a copy of the Report Subject’s Credit Information will be posted to the End User’s account, and an update will be made to the VantageScore® credit score on the Report Subject’s dashboard. Report Subject acknowledges and agrees that Experian is not responsible for any actions or decisions made by any third parties with whom the Report Subject has agreed to share their Credit Information.
If you are an End User, you may provide Experian with the email addresses of consumers with whom you wish to connect. Experian will send a connect request to the email address provided by you which will include your name, email address and any text you provide. Your name and email address will be available to all third parties with whom you have or had a successful connection. You authorize Experian to share your name and email address as described herein and required by the Report and Score Service. You agree to refrain from using any unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable comments. You acknowledge and agree that Experian is not responsible for your or any third party’s comments in user generated messages that are transmitted by the Report and Score Service.
In addition to compliance with Section 5 (FCRA Certifications) below, End User, in its request for and use of the Service constituting an Investigative Consumer Report under ICRAA, will comply with all obligations under ICRAA and the California Investigative Consumer Reporting Agencies Act Policy (“ICRAA Policy”), available here [DL1] .
End User shall indicate to EBD that the request for Services is for an Investigative Consumer Report if the Report Subject is located in California, the rental property is located in California or the rental decision is made in California. End User understands and agrees that even if End User does not indicate that the request for Services is for an Investigative Consumer Report, in accordance with the preceding sentence, if EBD determines the Credit Information constitutes an Investigative Consumer Report by reason of the End User’s certification of use for tenant screening purposes and the Report Subject is in California, EBD will provide the Investigative Consumer Report and will include the following code in the comment section: “ICRAA Report” to notate that the report provided is an Investigative Consumer Report. End User certifies to EBD that Client has or will make, in accordance with ICRAA, all applicable disclosures required in the ICRAA Policy and in California Civil Code §1786.16, subdivision (a) and End User shall comply with subdivision (b). For ease, the requirements of subdivision (b), as in effect as of the Revised date above, are set forth below. As used in this section, Investigative Consumer Report means an Investigative Consumer Report as defined under ICRAA.
End User shall:
(a) provide the consumer a means by which the consumer may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any Investigative Consumer Report that is prepared. If the consumer wishes to receive a copy of the Investigative Consumer Report, End User shall send a copy of the Investigative Consumer Report to the consumer within three business days of the date that the Investigative Consumer Report is provided to End User by EBD. The notice to request the Investigative Consumer Report may be contained on either the disclosure form, as required by subdivision (a), or a separate consent form. The copy of the Investigative Consumer Report shall contain the name, address, and telephone number of EBD as the issuer of the Investigative Consumer Report and how to contact EBD with respect to Investigative Consumer Reports;
(b) comply with California Civil Code §1786.40, if End User takes adverse action against the consumer for which the Investigative Consumer Report relates. Specifically, End User acknowledges and agrees to provide to consumers for whom an Investigative Consumer Report is provided, and in the adverse action cases, to include the contact information below for EBD as provided by EBD to End User;
(c) limit its provision of the EBD contact information to a Report Subject for whom End User has received an Investigative Consumer Report; and the contact information for EBD is below:
Experian Background Data, Inc.
PO Box 1458
Allen, TX 75013
Toll Free number - (833) 256-3148
By executing this Agreement, End User acknowledges that End User has read, understands and received the Notice to Users of Consumer Reports. The Notice to Users of Consumer Reports is available here.
If available to you, the Credit Snapshot allows you to view basic statistical data derived from your credit report at no charge. See an example of a Credit Snapshot at connect.experian.com/free-snapshot/. The limited information contained in the Credit Snapshot is a summary, and is not intended to replace the information provided by the Report and Score Service or otherwise by viewing your credit report. The Free Credit Summary is not available for sharing with End Users.
You are eligible for a Credit Snapshot if a business that participates in Credit Snapshot ("Participating Member") has requested an initial credit report for you as the Report Subject from Experian as a result of your application for credit within the past sixty (60) days. Usually such a request will occur because you initiated a consumer transaction seeking credit (e.g. applying for a credit card or a loan) from the Participating Member. The list of current Participating Members is posted at connect.experian.com/free-snapshot/members.html. This list may be revised by Experian in its discretion. Some Participating Members may request credit reports from several consumer reporting agencies, but only a Participating Member’s request for an Experian credit report can make you eligible to receive a Credit Snapshot. You understand that you may need to ask the Participating Member with whom you initiated the consumer transaction whether it requested an Experian credit report.
After you register and create an account with Experian Connect, you may order a Credit Snapshot. If a Participating Member requested an initial credit report for you as the Report Subject from Experian for a credit application within the past 60 days ("Access Period"), Experian Connect will generate a Credit Snapshot based on your credit report as of the day you first order the Credit Snapshot. If a Credit Snapshot is available to you, it will be accessible in your membership account until expiration of the Access Period unless superseded by another Credit Snapshot. A Credit Snapshot may not be available to you, including without limitation for the following reasons: the sixty (60) day Access Period has expired; your Experian credit report cannot be located; technical difficulties; or no Participating Member has requested a credit report for you as the Report Subject from Experian for a credit application within the past sixty (60) days. Experian will not notify you of the availability, non-availability or expiration of your Credit Snapshot.
By entering this Agreement, you acknowledge that the limited information provided by the Credit Snapshot does not replace or supplant the information provided by the Report and Score Service or otherwise by viewing your credit report. Experian makes no warranty as to the accuracy, completeness or reliability of any information or content contained in the Credit Snapshot. You are responsible for verifying any information before relying on it. Your use of and reliance on the information contained in the Credit Snapshot is at your sole risk.
Experian’s provision of the Credit Snapshot is as a courtesy and convenience to you. You acknowledge that Experian shall not be liable or responsible, directly or indirectly, to you or any third party for any damage, loss or other claim caused or alleged to be caused by or in connection with (1) notifying you or failing to notify you of the existence, accessibility, or expiration of your Credit Snapshot, (2) Experian’s modification, delay, suspension, removal, discontinuance or termination of any Credit Snapshot or your access thereto, (3) Experian’s inability to create, generate, access, retrieve, post, update, or remove your Credit Snapshot for any reason, or (4) your access to, use of or reliance on any content, data or other information contained in the Credit Snapshot.
Report Subject understands and certifies that Report Subject is providing "written instructions" to Experian in accordance with the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., as amended ("FCRA") to access and use Report Subject’s credit report for (a) authenticating Report Subject’s identity, (b) providing Report Subject with a copy of Report Subject’s Credit Information or Credit Snapshot, and (c) providing End Users with a copy of Report Subject’s Credit Information, upon Report Subject’s request or approval and for the duration of Report Subject’s use of the Service.
When requesting Credit Information as an End User, End User will request and use the Credit Information strictly in accordance with the FCRA. End User agrees to and shall individually certify End User’s permissible purpose for access to Credit Information on a consumer when requested by Experian. End User acknowledges that End User’s use of the Credit Information will be limited to one of the following uses and no other purpose, and End User will not request or use the Credit Information for any other purpose including, without limitation, any purpose prohibited by law.
a) Legitimate Business Need
i. Renting / Leasing a Property
b) Extension of Credit
i. Auto Financing
ii. Medical Financing
iii. Professional Services Financing
c) Consumer’s Written Consent
i. Financial Planning and Tax Advice
ii. Legal Advice
iii. Contractor Evaluation
iv. Advice from Family
v. Evaluating Financial Status
END USER IS NOT AUTHORIZED TO REQUEST OR RECEIVE CONSUMER INFORMATION FOR ANY USE NOT OTHERWISE IDENTIFIED HEREIN, INCLUDING BUT NOT LIMITED TO CREDIT REPAIR, MARKETING AND EMPLOYMENT.
End User certifies that the use and related permissible purpose that End User designates will be accurate. End User certifies that for each written instruction of a consumer who is the subject of the Credit Information, such written instruction will expressly authorize End User to obtain the Credit Information and will contain at a minimum the consumer’s name, address, and signature. End User agrees to a limited one-time use of each consumer’s Credit Information.
End User acknowledges and agrees that Experian, at its sole discretion, may require that End User submit to an additional membership review. End User understands that End User’s access to the Service may be suspended until such time as the End User’s membership review is complete and approved by Experian.
END USER ACKNOWLEDGES THAT THE FCRA PROVIDES THAT 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 OR IMPRISONED NOT MORE THAN TWO YEARS OR BOTH.
In compliance with Section 1785.14(a) of the California Civil Code, End User certifies to Experian that End User is NOT a retail seller, as defined in Section 1802.3 of the California Civil Code, and does NOT issue credit to consumers who appear in person on the basis of applications for credit submitted in person.
You acknowledge that the Credit Information and/or data provided by or received by you may include personal information pertaining to individual consumers, and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse. You agree that the Service and Credit Information shall only be used as expressly authorized in this Agreement. You agree that under no circumstances will you sell or otherwise disclose any Credit Information, or information contained in or derived from it, to any third party unless otherwise required by law.
You agree to and shall comply with all federal, state and local laws, rules, regulations and decisions applicable to your provision to Experian of data and your use of the Credit Information and Service provided under this Agreement.
There are no fees or other charges to create an account on the Service Website.
There are no fees or other charges to a Report Subject to order, view or access the Credit SnapshotSM.
Fees are $19.95 for each order Report Subject places for Report Subject’s Credit Information using the Report and Score Service. Fees are subject to any applicable promotion for each Credit Information request. In certain jurisdictions sales or use tax at state and local rates may apply, in which case Report Subject may be charged the applicable taxes in addition to the fees for the Credit Information under the Report and Score Service.
Refunds will not be issued once we have successfully posted the Report Subject’s Credit Information under the Report and Score Service to Report Subject’s account.
Experian may, at its discretion, modify or discontinue any Service, the Service Website or Content, or any portion thereof, with or without notice. You agree that Experian will not be liable to you or any third party for any modification or discontinuance of any Service, the Service Website or Content.
This Agreement may be updated from time to time. You should check the Service Website regularly for updates to these Terms and Conditions. Each time you order, access or use any Service, the Service Website, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
This Agreement may be terminated without cause by Experian at any time upon notice by email to you. The email address for notice will be the then current email address in your account profile
Access to and use of password protected and/or secure areas of the Service Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service Website may be subject to prosecution.
Because Experian uses security measures designed to protect your privacy and to safeguard your information, Experian may not always be able to successfully provide a Service to you. For example, when the system is unable to verify your identity, Experian cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times.
Experian may use your personal information in connection with the Service and as allowed by Experian’s Privacy Policy. Experian’s Privacy Policy is available at www.experian.com/privacy/experian-connect.html. You may request a copy of Experian’s Privacy Policy by contacting us at ExperianConnectSupport@experian.com.
By executing this Agreement, you acknowledge you have reviewed Experian’s Privacy Policy and agree to its terms.
You must have an email address and a Java-compatible browser such as Internet Explorer 7.0 or higher, Firefox 3.6 or higher, Safari 3 or higher, Chrome 3 or higher, or Opera 10.5 or higher to receive your Service. You are agreeing to receive all notifications via email at the email address on file with Experian. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
Accurate adverse information on Report Subject’s credit report cannot be changed. If Report Subject believes that the Report Subject’s Experian consumer credit report contains inaccurate or fraudulent information, it is Report Subject’s responsibility to contact Experian’s National Consumer Assistance Center to dispute information. Report Subject may request a consumer file disclosure at no charge within 60 days of ordering Report Subject’s Credit Information under the Report and Score Service, by contacting Experian’s National Consumer Assistance Center at www.experian.com/rs/fi64.html. In any other situation, Report Subject may contact Experian’s National Consumer Assistance Center at www.experian.com or 888-397-3742 for assistance at any time, which may be subject to applicable fees.
The Report and Score Service utilizes the VantageScore credit score. The VantageScore credit score may or may not be used by Report Subject’s lenders, and is not an endorsement or guarantee of Report Subject’s credit worthiness as seen by lenders.
Please be aware that there are many scoring models used in the marketplace. Each scoring model may have its own set of factors and scale. The information and credit scoring may be different than that used by a lender. The VantageScore credit score may not be identical in every respect to any other credit score produced by another company or used by Report Subject’s lender.
Report Subject’s VantageScore credit score is calculated using Report Subject’s actual data from Report Subject’s credit file on the day that you request Report Subject’s report. Keep in mind, however, that other factors, such as length of employment and annual salary, are often taken into consideration by lenders when making decisions about Report Subject. How each lender weighs their chosen factors may vary, but the exact formula used to calculate Report Subject’s score is proprietary.
Also note that each consumer reporting agency has its own set of data, resulting in a separate VantageScore® credit score for each of Report Subject’s credit files.
You agree to request VantageScore credit scores only for your use alone for the purposes stated in these Terms and Conditions and for no other purpose or use. All VantageScore credit scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except as required by law.
VantageScore® is owned by VantageScore Solutions, LLC.
Experian offers access to services including an abbreviated version of a Report Subject’s consumer credit report, VantageScore credit score, or Credit Snapshot. Experian is not acting as a credit repair organization when providing Report Subject with the Service, and is not offering to sell, provide or perform any service to Report Subject for the express or implied purpose of either improving Report Subject’s credit record, credit history or credit rating or providing advice or assistance to Report Subject with regard to improving Report Subject’s credit record, credit history or credit rating. Report Subject acknowledges and agrees that Report Subject is not seeking to purchase, use, or access any of the Service, Service Website, and Content in order to do so[DL2] .
REPORT SUBJECT ACKNOWLEDGES THAT THE INFORMATION PROVIDED TO REPORT SUBJECT THROUGH THE REPORT AND SCORE SERVICE OR THE CREDIT SNAPSHOT, AND THE REPORT SUBJECT’S CREDIT INFORMATION AND THE VANTAGE SCORE CREDIT SCORE, INCLUDING THE SCORE FACTORS DERIVED FROM THE ELEMENTS IN REPORT SUBJECT’S CREDIT REPORT, MAY CHANGE OVER TIME AS REPORT SUBJECT’S REPORT CHANGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, SERVICE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICE, SERVICE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. EXPERIAN AND ITS SUPPLIERS 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 THE SERVICE, SERVICE WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM EXPERIAN DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EXPERIAN MAKES NO WARRANTY THAT (I) THE SERVICE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR CONTENT WILL BE RELIABLE.
YOU UNDERSTAND AND AGREE THAT EXPERIAN WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE ANY SERVICE, THE SERVICE WEBSITE OR CONTENT, EVEN IF EXPERIAN HAS 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 EXPERIAN, THEN YOU AGREE THAT EXPERIAN’S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM EXPERIAN’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE MONETARY AMOUNT, IF ANY, PAID BY THE APPLICABLE REPORT SUBJECT.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
SUMMARY:
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING EXPERIAN’S CUSTOMER SERVICE DEPARTMENT AT EXPERIANCONNECTSUPPORT@EXPERIAN.COM REGARDING THE SERVICE, SERVICE WEBSITE OR CONTENT. IN THE UNLIKELY EVENT THAT EXPERIAN’S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING THE SERVICE, SERVICE WEBSITE, OR CONTENT TO YOUR SATISFACTION (OR IF EXPERIAN HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. EXPERIAN WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND EXPERIAN WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
Arbitration Agreement:
(a) Experian and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Service, Service Website, or Content to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the Service, Content, and/or your use of the Service Website subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us arising out of the Service, Service Website, or Content, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) 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.
For purposes of this arbitration provision, references to "Experian," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of the Service, Content and/or Service Website or information under this or prior Agreements between us relating to the Service, Content and/or Service Website. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Experian are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Experian should be addressed to: General Counsel, Experian, 475 Anton Boulevard, Costa Mesa, CA 92626 ("Notice Address"). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Experian ("Demand"). If Experian and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Experian may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Experian or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Experian is entitled.
You may obtain more information about arbitration from www.adr.org.
(c) After Experian receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, Experian will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless Experian and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, Experian will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Experian for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND EXPERIAN 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 Experian 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. The arbitrator may award 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. If this specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (f) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (f) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration.
(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if Experian makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in the Service, or subsequent to your purchase of the Service, you may reject any such change and require Experian to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service by providing Notice to Experian at the Notice Address above prior to initiating your dispute.[DL3]
You acknowledge that Experian has expended substantial time, effort and funds to create and deliver the Service and compile its various databases. All data in Experian’s databases and any other intellectual property that are part of the Service are and will continue to be Experian’s exclusive property. Nothing contained in this Agreement shall be deemed to convey to you or to any other party any ownership interest in or to intellectual property or data provided in connection with the Service.
You acknowledge and agree that the name Experian®, the Experian Logo, ExperianConnectSM, Credit SnapshotSM, and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of Experian (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. Experian’s Marks may not be used in connection with any product or service that is not Experian’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Experian. VantageScore® is owned by VantageScore Solutions, LLC. All other trademarks, names, or logos not owned by Experian that appear on this Service Website are the property of their respective owners.
All Content included on this Service Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of Experian or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of Experian or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent.
No failure on the part of either party to enforce any covenant, agreement, or condition of this Agreement shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of either party to enforce the same in the event of any subsequent breach by the other party.
Experian will have the right to audit your use of the Service to assure compliance with the terms of this Agreement. You will be responsible for assuring full cooperation with Experian in connection with such audits and will provide Experian access to such properties and records as Experian may reasonably require for such purpose.
You acknowledge and agree that Experian may assign or transfer its rights and obligations under this Agreement to any third party. Any assignment or transfer shall not entitle you to any change in terms or refunds.
The interpretation and enforcement of the arbitration provision contained in Section 23 of this Agreement is governed by the Federal Arbitration Act. This Agreement shall otherwise be governed by, construed and enforced in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.
This Agreement shall be deemed to be severable and, if any provision is determined to be void or unenforceable, then that provision will be deemed severed and the remainder of the Agreement will remain in effect. The foregoing does not apply to Section 23(f) of this Agreement; if Section 23(f), or any portion thereof, is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
Experian shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.
These Terms and Conditions, the Privacy Policy, and other policies Experian may post to the Service Website constitute the entire Agreement between Experian and you in connection with your use of the Service, the Service Website, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. The Terms and Conditions are effective until terminated by Experian. In the event of termination, the Intellectual Property, Disclaimers, and Limitations of Liability provisions set forth in these Terms and Conditions will survive, in addition to any other provisions of this Agreement that would normally survive termination for any reason. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Service Website or otherwise, these Terms and Conditions will control. As set forth in Section 31 herein, if any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The foregoing does not apply to Section 23(f) of this Agreement; if Section 23(f), or any portion thereof, is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. The section headings are for convenience only and do not have any force or effect.
BY CLICKING THE "I AGREE" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN SECTION 23 ENTITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION," AND CONSENT TO THIS BINDING ELECTRONIC TRANSACTION. YOU FURTHER AGREE THAT YOUR ELECTRONIC SIGNATURE IS EFFECTIVE AND YOU WILL NOT CONTEST THE LEGALLY BINDING NATURE, VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN SECTION 23, BASED ON THE FACT THAT THE TERMS WERE ACCEPTED ELECTRONICALLY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY RECEIVE RELATED NOTICES AND OTHER SERVICES ELECTRONICALLY THROUGHOUT YOUR ENTIRE COURSE OF PARTICIPATION IN THE SERVICE.
This Agreement and any related transactions entered into electronically will be deemed to be "in writing" and to have been "signed" by you with the same effect as a manual signature (and any electronic record of such Agreement entered into online will be deemed to be "in writing.")
You acknowledge that you have a printer or other device to print or save this Agreement. After clicking "I Agree," you may contact us at ExperianConnectSupport@experian.com to obtain a paper copy of this Agreement or any other electronic record provided as part of the Service. The provision of certain records in paper form may be subject to additional fees. In addition, you may withdraw your consent to conduct transactions electronically by contacting us at ExperianConnectSupport@experian.com, though doing so will act as a notice of termination of this Agreement. You are required to update your contact information when it changes by contacting us at ExperianConnectSupport@experian.com.