Welcome to the TransUnion Interactive web site, tui.transunion.com,
(the "Site"). This Service Agreement ("Agreement") contains the terms and conditions upon which you
("you," or the "member") may access and use TransUnion Credit Monitoring or any products through the Site. You agree to be
legally bound by these terms.
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE PERMITTED TO REGISTER FOR AND PURCHASE THIS PRODUCT.
TransUnion Interactive is not a credit repair organization, or similarly regulated organization under other
applicable law, and does not provide credit repair advice. We do not claim that we are able to "clean up"
or "improve" your credit record, credit history or credit rating.
TransUnion credit monitoring monitors only the credit file associated with the purchasing consumer, and
does not monitor, compare or cross-references the credit file associated with the purchasing consumer to
any other credit file(s) maintained by the applicable credit bureau(s).
IN ORDER TO DELIVER THE PRODUCT TO YOU, WE MUST OBTAIN YOUR CONSUMER CREDIT FILE AND OTHER INFORMATION.
YOU HEREBY AUTHORIZE TRANSUNION INTERACTIVE TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING
AGENCY AND TO EXCHANGE CERTAIN INFORMATION ABOUT YOU WITH EACH SUCH NATIONAL CREDIT REPORTING AGENCY IN
ORDER TO VERIFY YOUR IDENTITY AND PROVIDES A PRODUCT TO YOU.
MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN
ADDITION, CREDIT REPORTING AGENCIES ARE REQUIRED BY APPLICABLE FEDERAL AND STATE LAW TO FURNISH YOU A COPY
OF YOUR CREDIT REPORT UPON REQUEST, IN SOME INSTANCES AT NO CHARGE, OR FOR A NOMINAL FEE, SEE "FAIR CREDIT
REPORTING ACT" BELOW.
FOR CUSTOMERS WITH A GIFT CERTIFICATE CODE, OBTAINED THROUGH A THIRD-PARTY PROVIDER: YOUR GIFT
CERTIFICATE ENTITLES YOU TO RECEIVE FREE PRODUCT(S) PURSUANT TO THE TERMS OUTLINED BY YOUR PROVIDER.
THERE WILL BE NO CHARGE MADE TO YOU FOR THESE SERVICES, THE SERVICES WILL NOT BE RENEWED AT THE END OF
THE SERVICE PERIOD AND YOUR CREDIT CARD WILL NOT BE CHARGED. IF YOU DESIRE SERVICES FROM TRANSUNION INTERACTIVE AFTER
THE END OF THE SERVICE PERIOD PROVIDED BY YOUR FINANCIAL INSTITUTION THROUGH THE GIFT CERTIFICATE, IT WILL
BE NECESSARY TO ORDER THE PRODUCTS AVAILABLE AT THE THEN MARKET RATE.
The terms of any free trial are specific only to the product subject to the free trial.
TransUnion Interactive will verify your billing information before processing your order. An authorization will be
requested from your billing account to make sure it is valid and in good standing. TransUnion Interactive will not bill
your account until the relevant free trial period is completed and you have not cancelled your subscription
during such trial period as provided below. If you upgrade to a new monitoring subscription during a free
trial, you will lose all benefits to the trial and will be billed immediately for the upgraded
service. You may cancel your subscription at any time during the trial period without charge. If you
wish to continue your subscription, do nothing and your subscription will automatically continue without
interruption. The monthly fee (plus sales tax, if applicable) will be charged at the conclusion of the
trial period to the credit card or bank account you designated as your preference or, if you have not
designated a preference, the account that was most recently used on the Site and your subscription will
continue automatically, billable monthly at the prevailing rate. To cancel your subscription please contact
our Customer Service Team. For contact information and hours of service go to https://tui.transunion.com/contact.jsp.
When you become a member entitled to Credit Monitoring, you understand that it is a membership that
automatically renews itself every month indefinitely without action by the member on the anniversary day of
your initial purchase. The monthly membership fee will be billed to the credit, debit or bank account that
you designated as your preference, or if you have not designated a preference, to the account most recently
used on the Site. Should the billing fail to authorize, you will be notified via email immediately. The
benefits of your membership (including, without limitation, online credit reports and daily monitoring
alerts) will be suspended until payment is received provided payment is received within 25 days. If payment
is not received within 25 days, your membership will be cancelled. An enrollee whose membership fee has been
paid is entitled to all privileges included in the membership until the membership is canceled by the
enrolled member or otherwise terminated as described later in this document. Upon cancellation, the member
loses access to the areas of the Site designated for members only and loses access to the member's data and
other benefits. This could include any credit data and analyses that have been displayed during the
membership. A member may cancel at any time. Should you decide to cancel your subscription a Customer
Service representative can arrange for all future renewal fees to be canceled. However, please note that
neither full nor pro-rated refunds will be given for the current month. Any free trial is available one time
only per customer. Once any free trial has been canceled all subsequent orders will be billable at the
prevailing monthly subscription rate.
Credit reports, credit scores and debt analysis will be available for a period of up to one year or until
you update your report, otherwise, products will be provided for the period stated in the product description.
Enrollment in a monitoring program will usually occur within 24 hours but may be delayed. If TransUnion
Interactive is unable to confirm enrollment for any reason, notification will be made by TransUnion Interactive
to the email address we have on record for you at the time of the notice.
Memberships, such as monitoring products, automatically renew indefinitely without action by the member,
and the membership fee is charged to the member at the time of renewal. An enrollee whose membership fee has
been paid is entitled to all privileges included in the membership until the membership is cancelled by the
enrolled member or otherwise terminated as described later in this document. Consent to obtain credit data
to fulfill the benefits of subscription products shall be valid under the program until cancelled. Upon
cancellation, the member loses access to the areas of the Site designated for members only and loses access
to member's data and other benefits, including, any discounted 3-Bureau Credit Report and Scores separately
purchased during the subscription. This could include any credit data and analyses that have been displayed
during the membership. A member may cancel at any time. To cancel your membership please contact our
Customer Service Team. For contact information and hours of service go to https://tui.transunion.com/contact.jsp.
When you become a member entitled to ID Fraud-Watch™, Weekly Credit Alerts, TransUnion Credit Monitoring
Basic, TransUnion Credit Monitoring, Debt Monitoring and/or Credit Score Monitoring, you understand that
it is a membership that automatically renews itself indefinitely. TransUnion Interactive will charge the
membership fee to the credit card or bank account you designated as your preference or, if you have not
designated a preference, the account that was most recently used on the Site and your membership will continue
automatically, billable monthly at the prevailing rate. Should your billing account fail to authorize, you
will be notified via email immediately. The benefits of your membership (including, without limitation,
online credit reports and credit monitoring alerts) will be suspended until payment is received provided
payment is received within 25 days. If payment is not received within 25 days, your membership will be
Credit Monitoring (including TransUnion Credit Monitoring Basic, TransUnion Credit Monitoring, and other
credit monitoring products offered on or through this site) is provided by TransUnion Interactive, Inc.
Credit Monitoring monitors one or more of your credit files, depending upon the type of Credit Monitoring
you purchase, which are separately owned and/or maintained by each of the applicable credit bureaus: TransUnion
LLC, Experian, and Equifax. Credit Monitoring monitors the credit file most closely identified with you
based on multiple identifying factors such as first, middle and last names, current and former addresses,
Social Security number and date of birth. Credit Monitoring may not advise or alert you if an item of identifying
information about you (including your name or address or Social Security number) is contained in the applicable
credit bureau's credit file of another person, and will not provide you with any information contained in
another individual's credit file. Credit Monitoring does not monitor, compare or cross-reference your credit
file (s) with the credit files(s) of any other person.
TransUnion Interactive maintains the Site to provide you with information about our memberships, products
and services and to facilitate communication with us and our affiliates. From time to time we may revise
these terms and conditions. Revisions will be effective when posted or as otherwise stated. Additional terms
and conditions may apply to specifics of our memberships, products and services or to participate in our
affiliate program, contests or surveys.
The images, text, screens, web pages, materials, data, content and other information ("Content") used and
displayed on the Site, including but not limited to TransUnion®,
TransUnion Interactive®, TrueCredit®,
TrueCredit® and Design, and Manage Your Credit Manage Your Life™
are the property of TransUnion Interactive or its licensors and are protected by copyright, trademark and other laws.
In addition to its rights in individual elements of the Content within the Site, TransUnion Interactive owns copyright
or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy
the Content from the Site for your personal or educational use only, provided that each copy includes any
copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as
provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded,
licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative
work or otherwise used for public or commercial purposes without the express written permission of TransUnion Interactive
or the owner of the Content.
OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH
THIS SITE, IS PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER
TRANSUNION INTERACTIVE NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER
WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES OR THAT
OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TRANSUNION INTERACTIVE AND
ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS
TO AND USE OF OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR SITE,
YOU ACKNOWLEDGE AND AGREE THAT NEITHER TRANSUNION INTERACTIVE NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU
(WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT,
MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING
LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
TransUnion Interactive is not responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed or billed. We suggest using a credit card rather than a debit card. Refunds will not be issued if we have successfully located and delivered your order to you.
Fraud Resolution Services
If you are a credit monitoring member, TransUnion Interactive will provide you with certain fraud resolution
services outlined below (the "Fraud Resolution Services") during the period that you are a member. TransUnion
Interactive and its third party service providers are obligated only to provide services in the United States
to members domiciled in the United States. The Fraud Resolution Services are provided by Trans Union, LLC,
the parent of TransUnion Interactive, under an agreement with TransUnion Interactive.
In no event shall TransUnion Interactive or Trans Union, LLC be liable for consequential damages, for any
delay in Fraud Resolution Services, or for loss of use of funds during the period that your service request
is being processed. TransUnion Interactive and TransUnion, LLC shall not be obligated to provide Fraud Resolution
Services, nor shall it be liable, if you have not provided complete, accurate and current information relating
to your service request. TransUnion Interactive and Trans Union, LLC are not obligated or responsible for
providing Fraud Resolution Services for any service request based on (a) an act of fraud, deceit, collusion,
dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative
of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed
based on the quality of goods or services, (c) authorized account transactions or trades that you have disputed,
or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal
or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits,
(e) any losses, damages or expenses that were incurred or commenced prior to your credit monitoring membership
commencement, and (f) theft or damages of traveler's checks, tickets of any kind, negotiable instruments,
cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants
or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage,
transport, display or habitation.
TRANSUNION INTERACTIVE AND TRANSUNION EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO THIS AGREEMENT OR FRAUD RESOLUTION SERVICES HEREUNDER. TRANSUNION INTERACTIVE AND TRANSUNION DISCLAIM
ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. TRANSUNION INTERACTIVE
AND TRANSUNION DO NOT WARRANT THAT ANY FRAUD RESOLUTION SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE
NON-INFRINGING, THAT THEY WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR
FREE. TRANSUNION INTERACTIVE AND TRANSUNION'S LIABILITY IS LIMITED TO THE SERVICES EXPLICITLY SET FORTH
IN THIS AGREEMENT. IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION BE LIABLE FOR ANY DAMAGES OF ANY
KIND INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (WHICH SHALL INCLUDE WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY LOSS). IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION BE LIABLE FOR ANY LOSS
ARISING OUT OF TRANSUNION INTERACTIVE OR TRANSUNION'S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICE. IN
NO EVENT SHALL TRANSUNION BE LIABLE FOR ANY DELAY IN PROVIDING SERVICES, OR DAMAGES RESULTING FROM ANY DELAY
IN SERVICES. IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION HAVE ANY ADDITIONAL LIABILITY TO YOU
EXCEPT AS STATED HEREIN. IN NO EVENT SHALL THE LIABILITY OF TRANSUNION INTERACTIVE AND TRANSUNION EXCEED
THE FEES YOU PAID FOR THE FRAUD RESOLUTION SERVICES IN THE PRECEDING TWELVE MONTHS.
Identity Theft Insurance
The identity theft insurance benefit for credit monitoring members is underwritten and administered
by AIG and its affiliates under a master group policy issued to TransUnion Interactive for the benefit of credit
monitoring members. A summary of the terms of coverage are set forth on the certificate of insurance located at
The complete policy is available from TransUnion Interactive on request. AIG administers all claims and TransUnion Interactive
shall have no responsibility with respect to such identify theft benefit.
In the event you purchase a product that includes Credit Lock, you acknowledge that some of the features
of Credit Lock may be available to you under the laws of certain states. In the event you cancel any subscription
that includes Credit Lock as a benefit you will cease receiving Credit Lock upon cancellation.
You acknowledge that Credit Lock will only prevent delivery of your TransUnion credit report. It will not
apply to your Equifax or Experian credit report. Remember that while a credit lock prevents most third party
access to your credit report, a third party may access a locked report in certain instances that are considered
a low risk for identity theft, such as official government investigations, collection activities and insurance
underwriting and claims administration.
Registration and Accurate Information
If you decide to register on our Site, become a member of one of our membership programs, purchase our products or services or participate in our affiliate program, contests or surveys, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify TransUnion Interactive promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your TransUnion Interactive account and your right to use the Site. Online access to consumer credit report information is subject to verification of the identity of the user.
By using our Site, becoming a member of one of our membership programs, or purchasing any of our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Statement. In the event you indicate that you want to receive offers from TransUnion Interactive, your information may be used to serve relevant ads to you when you visit the site. Our privacy statement can be reached from the link at the top of this page.
Fair Credit Reporting Act
The Fair Credit Reporting Act allows you to obtain from each 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 our Site 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. For more information visit the credit report section in the Learning Center, available from most pages of the Site.
You are 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.
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. Otherwise, a consumer reporting agency may impose a
reasonable charge for providing you with a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM TRANSUNION INTERACTIVE IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, see the contact information and dispute process description contained in the Learning Center or from the inaccuracies tab on your credit report. The form of credit report and related disclosures provided directly by such agencies to you may differ from those provided by TransUnion Interactive.
TransUnion Interactive's online credit report has been specially designed for consumer ease-of-use. Color illustrations, analysis information and helpful links on TransUnion Interactive's credit report make it easy for you to understand and manage your credit.
Term and Termination; Modification
This Agreement will take effect at the time you click "I Accept," and shall terminate (a) when the member cancels his/her membership by contacting TransUnion Interactive via the toll-free number set forth on the web site for cancellations, or (b) upon termination of your membership or (c) if TransUnion Interactive discontinues providing any membership, subject to your right to receive membership benefits that you have paid for or to obtain a refund of a portion of your payment.
TransUnion Interactive products shall not be used in a manner that defrauds or otherwise abuses the credit reporting or credit scoring systems. TransUnion Interactive has the right to suspend or terminate your use of any product or access to our sites if we determine, in our sole discretion, that your use of our products has abused the credit reporting or credit scoring systems. Further, you agree that TransUnion Interactive will not be liable to you or any third party if TransUnion Interactive suspends or terminates your access for any reason.
TransUnion Interactive may (i) change the terms of this Agreement or the feature of the membership products, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use the Site and/or your membership after TransUnion Interactive has notified you of a change in the Agreement, you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted notices of modification.
You should send any notices or other communications regarding our Site, your membership, products or services to TransUnion Interactive, Inc., 100 Cross Street, Suite 202, San Luis Obispo, CA 93401.
TrueCredit is a trademark of TransUnion Interactive, Inc., a Delaware corporation based in San Luis Obispo, California.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail
or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the 'Your Account' section from the main menu.
The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Delaware, USA, and applicable federal law, without regard to any conflict of law provisions. TransUnion Interactive can provide credit reports only for individuals who have established credit in the United States. Those who choose to access this Site, or become a member in one of our membership programs, from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TransUnion Interactive's provision of services to you, pursuant to this membership or otherwise, if submitted to a court of law shall be submitted to the state and federal courts of New Castle County, Delaware, USA.
Policy Regarding Children
We define children as individuals under the age of 16. Our Web Site is not intended for the use of children and we do not intend to collect information about children through our Web Site. You must be at least 18 to access any products through this website or to join TransUnion Credit Monitoring as a member entitled to membership benefits.
AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION
THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES ("ARBITRATION AGREEMENT") THAT MAY ARISE AS A
RESULT OF YOUR TRANSUNION INTERACTIVE MEMBERSHIPS, PRODUCTS OR SERVICES OR THE AGREEMENT. READ THIS SECTION CAREFULLY.
YOU UNDERSTAND AND AGREE THAT BOTH PARTIES WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND
TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT BOTH PARTIES BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE
ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT
TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL.
RIGHT TO REJECT ARBITRATION
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. You must notify us in writing within sixty (60) days after the date you click-on to "Accept" the Agreement. You must send your request to: TransUnion Interactive, 100 Cross Street, Suite 202, San Luis Obispo, CA 93401. This request must include your 16-digit account number and a clear statement of your intent, such as "I reject the arbitration clause in the TransUnion Interactive Service Agreement."
In consideration for our willingness to provide you with access to TransUnion Interactive or any services or products through the Site as set forth in the Agreement, you and we agree as follows:
You agree that any dispute, claim or controversy ("Claim") between you and TransUnion Interactive or its parent,
TransUnion, our agents, contractors, employees, officers or assignees, arising out of or relating in any
way to this Agreement, your purchase and use of a TransUnion Interactive product or use of this Site, including,
without limitation, tort and contract claims, claims based on any federal, state or local statute, law or
regulation and the issue of arbitrability must be resolved exclusively by binding arbitration, except for
the validity, scope or enforceability of this Arbitration Agreement. However, we will not demand
arbitration pursuant to this Arbitration Agreement in connection with any individual Claim that you
properly file and pursue in a small-claims court of your state or municipality, so long as the Claim is
pending only in that court.
YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS
ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required
by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's
Supplementary Procedures for Consumer-Related Disputes.
A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration
that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim
or any answer thereto or any amendment to any of the above.
You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Similarly, before TransUnion Interactive takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or TransUnion Interactive is notified by the other of a dispute, either party may then contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA's arbitration rules and its fees are available from the AAA on the Internet at
The cost of any arbitration proceeding shall be divided as follows:
- If you initiate arbitration, you will be responsible for paying one half of the filing fee, or $125.00, whichever is less, when the demand for arbitration is made.
- If we initiate arbitration, we will be responsible for paying all arbitration costs.
- Regardless of who initiates the arbitration, you will not be responsible for any arbitration fees that exceed one half of the filing fee, or $125.00, whichever is less,
or the fees that you would have incurred if the Claim had been brought in court.
Notwithstanding the foregoing, if you believe the cost of arbitration may be too burdensome, you may seek a waiver of the filing fee under the applicable arbitration rules.
If you seek, but not qualify for such waiver, we will consider a written request from you to advance all or part of the filing fee.
The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the
arbitration be conducted using the AAA's telephonic, online, or in-person procedures (additional charges may apply for these procedures). Any arbitration proceeding will take place
at a location within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually
The arbitrator will be required to follow relevant law and applicable judicial precedent to arrive at a
decision and shall be empowered to grant whatever relief would be available in court. Where authorized by
applicable law, the arbitrator's award may include attorneys' fees and other expenses. You understand and
agree that you and TransUnion Interactive are entering into this arbitration agreement in connection with a transaction
involving interstate commerce. Accordingly, this arbitration agreement and any proceedings hereunder shall
be governed by and enforceable under the Federal Arbitration Act ("FAA"), 9 U.S.C. §§1-16.
Any party to the arbitration proceeding may enter judgment upon the arbitration award in any court having jurisdiction over the arbitration award and may have that judgment enforced
by any court having jurisdiction over that judgment. If this Arbitration Agreement is held to be invalid or otherwise unenforceable for any reason, it will be severed from the Agreement
and the parties agree that exclusive jurisdiction and venue for any claims will be within the federal judicial district that includes the most recent U.S. Mail address we have on
file for you at the time the Claim is filed or at any other mutually acceptable location.
BECAUSE YOUR PURCHASE AND USE OF A TRANSUNION INTERACTIVE PRODUCT OR USE OF THIS SITE REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE
YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTIVE PROCEEDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT
PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The arbitrator's decision shall become final and binding after 30 days unless a party to the arbitration takes an appeal from the decision by making a written request to AAA. The
appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration, and will
make decisions based on the vote of the majority. We will advance any fees and costs required by AAA to commence any appeal. The appeal panel's decision shall be final and binding.
In the event of a conflict between the applicable arbitration rules and this Arbitration Agreement, this Arbitration Agreement shall govern. To the extent that the class action
and collective action waivers contained herein are rendered invalid or unenforceable by applicable law as to any Claims, this Arbitration Agreement shall not apply to such Claims
and thus we may elect to proceed exclusively in court. If any other provision of this Arbitration Agreement should be found invalid or unenforceable, such a determination shall not
affect the enforceability of the remaining provisions, which shall remain and continue in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing
between the parties hereto are null and void.
If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into
effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.
You represent that you have read this Agreement and TransUnion Interactive's Privacy Statement, understand
their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access
to and use of the Site and your membership, TransUnion Interactive has relied on your agreement to be bound
by the terms of this Agreement.