FICO Customer Agreement

FICO Customer Agreement By clicking the button, you agree to the terms and conditions of the FICO Customer Agreement, which applies to each Fair Isaac Corporation ("FICO" or "our" or "us" or "we") product and service ordered. Printable Version

1. Consent to Terms of Use and Privacy Policy. You acknowledge that you have received and are able to read (i) FICO's Website Terms of Use, and (ii) FICO's Privacy Policy. There are links to these documents below. You agree to be bound by the terms and conditions of both of these documents.

         Website Terms of Use         Privacy Policy

2. Authorization to Obtain and Use Your Data, Credit Report(s), Credit Score(s) and Other Information

You understand and agree that by submitting your order for each product selected that includes the use of a credit report (and each additional credit reports in the case where multiple credit reports are required for a product), you are providing "written instructions" in accordance with the Fair Credit Reporting Act, as amended, for us to obtain information from your personal credit profile from one or more credit bureaus, including Experian, Equifax, or TransUnion, and their affiliates or resellers, and to obtain information from the personal credit profile, if any, of any minor child whom you have enrolled in a product. You authorize us on your behalf (as your agent) to obtain your credit profile (and those of any minor children whom you have enrolled in a product) to verify your identity (or those of any minor children whom you have enrolled in a product) and to provide credit monitoring, credit reporting, credit scoring, credit score monitoring and tracking, identity monitoring, or other products order by you. You also authorize us (and our third party service providers) to access and use data you provide us and/or your credit profile (including your credit report(s) or credit score(s)) (and those of any minor children whom you have enrolled in a product) to perform other functions (e.g., product development and improvement, updates to user experience, customer analysis and recommendations) in connection with providing the product(s) that you have ordered or may order (including for providing you offers for products or services, including third-party products or services, based upon data you provide us and/or your credit profile including your credit report(s) or credit score(s)), including to verify your identity or any certification that you may be required to make. We will use your credit profile to provide you with the products you have requested from FICO. It is a violation of federal criminal laws to knowingly and willfully obtain information from a credit bureau under false pretenses. If you authorize us to enroll any of your minor children into identity monitoring services or any other product on your behalf (as your agent), then you certify that you are the parent or legal guardian of each minor child you enrolled.

3. Delivery of Notices and Updates

You agree to receive future notices and updates with respect to the products you have requested from FICO, or updates to the Website Terms of Use and the Privacy Policy, via posting on this Website or, at our option, via email. You consent to our delivering the notices and updates by our making them available on this Website.

4. Use and Delivery of Products

a. Use of FICO Products. This Customer Agreement applies to products you order from us. You agree to use products you receive from us including information you obtain from your credit reports, for your own personal educational and informational use and not for any other use. FICO reserves the right to make changes to or discontinue products you order at any time (including changes to or replacements of credit bureaus used for the product), with notice as described in section 3 above.
b. Third Party Products. FICO sometimes relies on third parties to provide your credit report or related products (collectively the "Providers"). If any part of your FICO purchase includes products provided by a third party, this will be explained during the purchase process. FICO reserves the right to change Providers at any time without providing notice to you. You agree that the Providers are solely responsible for providing and administering those products. Our only responsibility with respect to those products is to notify the third party of your purchase of their products.
c. Family Plan Additional Terms and Conditions: The following additional terms and conditions apply to Family Plan products:

(i) Family Plan – Primary Account Holder. If you purchase a Family Plan product, you will be designated as the "Primary Account Holder" for the Family Plan product. The Primary Account Holder for a Family Plan can enroll in the Family Plan product up to ten (10) eligible minor children (i.e., a person under the age of eighteen (18) years old, for which the Primary Account Holder is the parent or legal guardian) (each a "minor"), and can invite for enrollment in the Family Plan product up to one (1) Secondary Account Holder that is eighteen (18) years of age or older (the "Secondary Account Holder"), as described below.

As the Primary Account Holder, you will not be able to view any information or membership details of the Secondary Account Holder other than their subscription status. The Primary Account Holder for a Family Plan product may unenroll any minor children enrolled in the product at any time. If the Primary Account Holder for the Family Plan unenrolls any minor children from the Family Plan product subscription, then the Primary Account Holder will continue to be enrolled in the Family Plan and billed at the current rate unless the Primary Account Holder cancels the Family Plan product subscription (as described in Section 5 below) or purchases a different FICO product subscription. Upon enrollment of a minor, the Secondary Account Holder will not receive any identity monitoring alerts, reports or any other information for that minor.

(ii) Family Plan – Minor Children. The Primary Account Holder for a Family Plan can enroll in the Family Plan product up to ten (10) minor children. If the Primary Account Holder enrolls any minor children in the Family Plan product subscription, identity monitoring alerts and reports will be made available through the product to the Primary Account Holder during the period the product subscription remains active, but the Secondary Account Holder and any minor children enrolled in the product will not have access to the identity monitoring alerts and reports of the minor children through the product. The Primary Account Holder for a Family Plan product may unenroll any minor children enrolled in the product at any time. A minor child enrolled in a Family Plan product subscription will be automatically unenrolled from the Family Plan product subscription prior to the minor child's eighteenth (18th) birthday, as determined by the date of birth for the minor child listed in the account information for the Family Plan product subscription. Upon any unenrollment of a minor child, the Primary Account Holder will no longer receive any new identity monitoring alerts and reports for that minor child, but the Primary Account Holder's account will retain historical identity monitoring alerts and reports for that minor child until the subscription is cancelled.
(iii) Family Plan – Secondary Account Holder. The Primary Account Holder for a Family Plan can invite for enrollment in the Family Plan product up to one (1) Secondary Account Holder. If the Primary Account Holder invites a Secondary Account Holder to enroll in the Family Plan product subscription, the Secondary Account Holder will receive an invitation to enroll, and may enroll in the Family Plan product subscription. If the Secondary Account Holder enrolls in the Family Plan product subscription, credit monitoring, credit information and alerts will be made available through the product to the Secondary Account Holder during the active subscription period The Primary Account Holder and any minor children enrolled in the product will not have access to the credit monitoring, credit information, and alerts of the Secondary Account Holder through the product. The Primary Account Holder for a Family Plan product may cancel the product at any time. Upon any cancellation of the Family Plan subscription by the Primary Account Holder, the Secondary Account Holder will no longer receive any credit monitoring, credit information or alerts, and will no longer have access to historical data that was available in the product account prior to the unenrollment, unless the Secondary Account Holder signs up for a similar product subscription within one (1) year of account cancellation. The Secondary Account Holder will receive notification of any cancellation of the subscription.

5. Payment, Cancellation, and Pause

a. Payment. You agree to pay FICO for the products you order at the prices and subject to the terms you selected during the order process. You authorize us to charge your credit or debit card in accordance with those terms, and store your credit or debit card information to perform other functions related to providing the product(s) that you have ordered or may in accordance with those terms.
b. FICO Cancellation. We may cancel the products or your subscription to them at any time and for any reason. In that case, we will refund any amounts relating to products not yet provided to you or partially provided on a pro-rated basis.
c. Subscription Products and Cancellation. If you order a FICO subscription-based product (i.e., not a one-time order), it will be provided to you (i) on an annual basis (for an initial subscription period of 12 months, and renewal subscription periods of 12 months each), (ii) on a quarter-to-quarter basis (for an initial subscription period of 3 months, and renewal subscription periods of 3 months each), or (iii) on a month-to-month basis (for an initial subscription period of 1 month, and renewal subscription periods of 1 month each).
  • If you cancel your 12-month subscription to a product, and you have already paid for a full 12-month subscription, you will receive a pro-rated refund for the remaining portion of the subscription period calculated on a quarterly basis. There are no refunds for partial quarters.
  • If you cancel your quarter-to-quarter subscription to a product, we will stop further charges to your credit card, but you will not receive a refund of any amounts already paid. There are no refunds for partial quarters.
  • If you cancel your month-to-month subscription to a product, we will stop further charges to your credit card, but you will not receive a refund of any amounts already paid. There are no refunds for partial months.
To cancel the subscription products, you must either (1) cancel online through the Subscriptions page, or (2) cancel from the iOS or Android mobile app Subscription screen (from the More tab), or (3) call us on the toll-free customer service number at 1-800-319-4433 (Mon - Fri 6am to 6pm Pacific Time; Sat 7am to 4pm Pacific Time). IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE SUBSCRIPTION PERIOD, IT WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ANNUAL, QUARTERLY, OR MONTHLY PERIODS, BASED ON YOUR INITIAL SUBSCRIPTION PERIOD, AT THE THEN-CURRENT PRICE FOR SUCH PRODUCT WITHOUT FURTHER NOTICE.
d. Temporary Pause of Eligible Subscription. Only the following subscription products are eligible to be paused:
  • FICO® Ultimate 3B
  • FICO® Advanced
  • FICO® Ultimate 3B+
  • FICO® Premier
  • FICO® Ultimate 3B - Monthly Reports
  • FICO® Premier 3B
  • FICO® Essentials 1B
  • FICO® Basics 1B
  • FICO® Basic

You may temporarily pause your subscription for the eligible monthly-billing subscription products above for a three (3), four (4), five (5), or six (6) month-period, as selected in your subscription pause request. Your subscription pause will start at the end of your product's current billing cycle for the eligible product for which you submit a pause request. You will not be charged for your paused subscription product while your subscription is paused.

During your pause period, all subscription product features will be paused, including, but not limited to, receipt of new credit reports, alerts, score changes, ID theft insurance, and other identity features.  You may still continue to access your account and historical data that was available in your account prior to your pause period. YOU MAY CANCEL A PAUSED SUBSCRIPTION AT ANY TIME, SUBJECT TO THE CANCELLATION TERMS ABOVE. UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR SELECTED PAUSE PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RESTART AT THE END OF YOUR SELECTED PAUSE PERIOD AND YOU WILL BE AUTOMATICALLY CHARGED FOR THE PRODUCT ACCORDING TO YOUR SUBSCRIPTION PRODUCT'S BILLING SCHEDULE AND AT THEN-CURRENT RATES.

If you receive quarterly credit reports as part of your subscription product, you may be eligible to receive a one-time bonus credit report after your subscription restarts. A bonus credit report will only be available if: 1) your subscription remains paused for a period of two (2) months or more; and 2) you are not otherwise scheduled to receive access to your normally scheduled quarterly credit report in the same subscription month that your subscription restarts. If you are eligible for a bonus credit report, the bonus credit report will be made available to you only after your subscription is restarted and your monthly subscription fee is paid for the month your subscription restarts.

e. Non-Subscriptions Products (one-time transactional purchases). If you order a FICO one-time transactional purchase based product (i.e., not a subscription order), you may NOT cancel such product, and YOU HAVE NO RIGHT TO RECEIVE A REFUND FOR SUCH PURCHASE.

6. Taxes and Fees

Prices indicated on the Site are exclusive of state and local sales and use taxes. You are responsible for any such state and local sales and use taxes, and any other taxes and government levies, if any, associated with your order. If state and local sales and use taxes are due, these amounts will be added to the sale price and your payment will be inclusive of those amounts. Prices are subject to change at any time but will not affect orders for products made or product renewals prior to the date of the change.

7. No Substitute for Professional Advice

You agree that the products you have requested are for your information only and are not a substitute for professional advice. You should not rely on FICO products as the only factor or source of information in making any credit or investment decision, or relating to possible identity theft or fraud. Also, you should use information delivered to you as part of FICO products, or information found on the Site, for the sole purposes of assisting you in monitoring and understanding your credit history and changes in your credit history, and assisting you in taking steps to correct errors in your credit report.

8. NOT A CREDIT REPAIR ORGANIZATION

FICO is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. FICO does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. Neither Fair Isaac nor the products provide or perform any service to you for the express or implied purpose of improving your credit record, your credit history or your credit rating or provide assistance or advice to you with regard to "rebuilding" or "improving" your credit score, your credit record, your credit history or your credit rating. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT SEEKING TO ACCESS THE SITE OR PURCHASE, USE OR RECEIVE ANY PRODUCT FOR THE EXPRESS OR IMPLIED PURPOSE OF REBUILDING OR IMPROVING YOUR CREDIT RECORD, YOUR CREDIT HISTORY OR YOUR CREDIT RATING OR TO PURCHASE, USE OR RECEIVE ANY ASSISTANCE OR ADVICE WITH REGARD TO IMPROVING OR REBUILDING YOUR CREDIT SCORE, YOUR CREDIT RECORD, YOUR CREDIT HISTORY OR YOUR CREDIT RATING.

9. Confidentiality

You agree to treat your Login ID and password you receive from us when you become a customer of FICO as confidential and not to share them with other persons or display them so that others have access to them. We are not responsible if third parties access any products on the Site by using your Login ID or password. You agree to promptly notify us if you believe someone else has obtained access to your Login ID or password. You agree that the terms of this agreement, and any dispute, claim, proceeding, findings, decision, settlement, or information relating in any way thereto shall be treated FICO's confidential information and shall not be disclosed.

10. Not For Use By Minors

The products and services on the Site are not intended for use by minors. You represent you are at least eighteen (18) years old.

11. Disclaimer of Warranties and Liability

FICO BELIEVES THAT THE FICO PRODUCTS AND SERVICES PROVIDED TO YOU WILL BE USEFUL FOR THE PURPOSES FOR WHICH THEY ARE INTENDED. HOWEVER, THESE PRODUCTS AND SERVICES ARE PROVIDED "AS-IS", AND NEITHER FICO NOR ANY PROVIDER MAKES ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. PRODUCTS AND SERVICES ARE NOT ERROR FREE. PURCHASING ANY PARTICULAR PRODUCT OR SERVICE DOES NOT GUARANTEE ANY PARTICULAR RESULT, INCLUDING, WITH RESPECT TO PRODUCTS OR SERVICES DESIGNED TO MONITOR CREDIT OR IDENTITY THEFT, THAT YOU HAVE NOT ALREADY BEEN OR THAT YOU WILL NOT IN THE FUTURE BE A VICTIM OF CREDIT OR IDENTITY THEFT OR THAT ANY PRODUCT OR SERVICE WILL ALLOW YOU TO DISCOVER ANY PARTICULAR CREDIT OR IDENTITY THEFT INCIDENT

YOU UNDERSTAND AND AGREE THAT FICO (INCLUDING, FOR PURPOSES OF THIS SECTION, ITS OFFICERS, DIRECTORS, AND EMPLOYEES), ITS SERVICES PROVIDERS, AND THIRD PARTIES WHO MAY HAVE PROVIDED YOU WITH A LINK TO THE SITE ARE NOT LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, RESULTING FROM OR IN ANY WAY ARISING UNDER OR RELATED TO THIS AGREEMENT OR TO YOUR ACCESS TO, USE, OR INABILITY TO USE ANY PRODUCTS, ANY SERVICES OR THE SITE, INCLUDING, WITHOUT LIMITATION, IDENTITY THEFT, BREACH OR LOSS OF PRIVACY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR FAILURE TO ACHIEVE ANY PARTICULAR RESULT, UNDER ANY THEORY OF RECOVERY, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORT, OR STRICT LIABILITY, EVEN IF FICO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF THOSE TYPES OF DAMAGES. SUCH PROVIDERS AND THIRD PARTIES ARE EXPRESSLY MADE THIRD PARTY BENEFICIARIES OF THIS CUSTOMER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR DAMAGES IN CERTAIN TYPES OF AGREEMENTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN THAT CASE, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL APPLY TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW, AND, IF LIABILITY IS IMPOSED UPON FICO, YOU AGREE THAT FICO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, RESULTING FROM OR IN ANY WAY ARISING UNDER OR RELATED TO THIS AGREEMENT OR TO YOUR ACCESS TO, USE, OR INABILITY TO USE ANY PRODUCTS, ANY SERVICES OR THE SITE, INCLUDING, WITHOUT LIMITATION, IDENTITY THEFT, BREACH OR LOSS OF PRIVACY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR FAILURE TO ACHIEVE ANY PARTICULAR RESULT, UNDER ANY THEORY OF RECOVERY, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORT, OR STRICT LIABILITY, EVEN IF FICO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF THOSE TYPES OF DAMAGES, WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS TO WHICH THE CLAIM(S) RELATE(S).

12. Governing Law; Statute of Limitations

The Site is controlled and operated by FICO in the State of Minnesota and this Agreement, and any dispute or claim arising out of or relating in any way to this Agreement, the Site, or the products you order (and any findings, decision, settlement, or information relating in any way thereto) will be governed by, construed, and enforced, solely in accordance with the laws of the State of Minnesota, except to the extent inconsistent with or preempted by federal law.

You agree that, even if a statute of limitations or other law provides for a longer time period, any action against FICO, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information, products, or services relating to the Site or any information, products, or services available on or from the Site must be brought within 12 months after the event that gave rise to the cause of action or it is forever barred.

13. Arbitration

PLEASE READ CAREFULLY. THIS AFFECTS YOUR RIGHTS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, OR THE SITE OR THE PRODUCTS YOU ORDER, IN EACH CASE, MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE TERMS AND PROCEDURES SET FORTH IN BELOW. ANY DISPUTE OR CLAIM, AND ANY PROCEEDING, FINDING, DECISION, SETTLEMENT, OR ANY INFORMATION RELATING IN ANY WAY TO THE FOREGOING SHALL BE TREATED AS CONFIDENTIAL INFORMATION AND SHALL NOT BE DISCLOSED.

We will try work in good faith to resolve any issue you have with our products or the Site if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. You and we agree that, except as provided below, any dispute or claim arising out of or relating in any way to your use of the Site must be resolved exclusively by binding arbitration. The only exception would be if you have violated or threatened to violate the intellectual property rights of FICO or any third party, in which case FICO or that third party may go to court to seek an injunction or other appropriate relief. The arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (if applicable), available on the AAA's web site at www.adr.org or please contact AAA at 800-778-7879 for additional information.

Arbitration under this agreement must take place on an individual basis. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. In other words, YOU AGREE THAT YOU WILL NOT BE ALLOWED TO FILE A CLASS ACTION OR ANY KIND OF CLASS OR JOINT ARBITRATION. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action or request for relief, then that cause of action or request for relief (and only that cause of action or request for relief) must remain in court and be severed from any arbitration. The parties do not consent to, and the arbitrator shall not have authority to conduct, any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims, under any circumstance.

If you intend to seek arbitration you must first send, by certified mail, a written notice of dispute to us at the following address: Fair Isaac Corporation, 3661 Valley Centre Drive, San Diego, CA 92130. The notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from us. If an agreement to resolve the claim is not reached within 30 days after the notice is received, you may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed.

After we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee. If you are unable to pay this fee upfront, we will pay the filing fee directly upon receiving your written request. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, at an in-person hearing, or at a hearing conducted via telephone as established by the AAA Rules. Any hearings for a claim that exceeds $10,000 will be determined by the AAA Rules. Except as otherwise provided for herein, we will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the above arbitration notice requirements. However, if the arbitrator finds that the substance of your claim or the relief sought by you was frivolous or was brought for an improper purpose, then payment of such fees will be determined by the AAA Rules, and you agree to pay all amounts that you are obligated to pay under the AAA Rules or reimburse us for all amounts previously disbursed by us in satisfaction of such obligations. The arbitrator may rule on and resolve disputes as to the payment and reimbursement of fees and expenses (including reasonable attorneys' fees) at any time during the arbitration proceeding, pursuant to the AAA Rules and applicable law. Subject to the terms of this Agreement, the arbitrator is authorized to award either party any money damages or any provisional or equitable remedy permitted by applicable law.

The award of the arbitrators may be enforced by the prevailing party in any court having jurisdiction. Each party consents to the non-exclusive jurisdiction of the courts of the State of Minnesota or to any Federal Court located within the State of Minnesota for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim, or provisional equitable remedies.

If portions of these arbitration terms are held to be invalid or otherwise unenforceable for any reason, the offending terms will be severed from this Agreement and the remainder of these arbitration terms will be enforced. If these arbitration terms, as a whole, are held to be invalid or unenforceable as to some or all of a party's claims, the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Minneapolis, Minnesota.

You agree that, even if a statute of limitations or other law provides for a longer time period, any action against FICO, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information, products, or services relating to the Site or any information, products, or services available on or from the Site must be brought within 12 months after the event that gave rise to the cause of action or it is forever barred.

BECAUSE YOUR USE OF THE SITE AND ANY PRODUCT YOU ORDER 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 REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. 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. IF ANY COURT WERE TO FIND PORTIONS OF THESE ARBITRATION TERMS INVALID OR OTHERWISE UNENFORCEABLE FOR ANY REASON, THEN YOU AGREE THE OFFENDING TERMS WILL BE SEVERED FROM THIS AGREEMENT AND THE REMAINDER OF THESE ARBITRATION TERMS WILL BE ENFORCED. IF THESE ARBITRATION TERMS, AS A WHOLE, ARE HELD TO BE INVALID OR UNENFORCEABLE AS TO SOME OR ALL OF A PARTY'S CLAIMS, YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN MINNEAPOLIS, MINNESOTA, AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM.

This arbitration provision shall survive termination or expiration of this Agreement.

14. Insurance

If the product you order from us includes any insurance coverage, such as an Identity Theft Insurance policy, that insurance coverage will be described during the order process and in Attachment C hereto. Any such insurance coverage is underwritten by an insurer and provided under a Master Policy issued by the insurer to FICO. The terms and conditions of that Master Policy supersede any contrary provisions in this Customer Agreement. You understand and agree that the insurer is solely responsible for providing and administering the insurance coverage, and that, as between you and FICO, FICO's only responsibilities with respect to the insurance coverage are to notify the insurer of your subscription to the product. Please carefully read the Identity Theft Insurance Terms and Conditions in Attachment C hereto to be sure you understand the insurance coverage and all applicable limitations and restrictions.

15. Mobile Alerts

As part of your credit or identity monitoring or other subscription product you may have previously elected to receive SMS text alerts to alert you to identified changes to your credit report or financial or identity profile based on your settings. If you made the election to receive SMS text alerts, you acknowledge and agree that we may continue to send you alerts and other notifications through the telephone number you provided to us until you notify us that you no longer wish to receive such alerts. At any time, you can opt out of receiving future SMS text alerts by texting STOP to 89164. If you elected to receive SMS text alerts, you also agree as follows:

  • You represent that you are the owner or authorized user of the mobile device you use to subscribe for and/or use the SMS text alerts, and that you are authorized to approve any applicable charges.
  • Your mobile carrier's standard messaging and data rates apply to your entry or submission text message, our confirmation text message and all subsequent text messages, subject to your carrier's account terms and conditions.
  • SMS text alert message frequency varies and data rates may apply.
  • SMS text alerts may not be available on all mobile service provider networks or in all areas.
  • The content and materials you receive through the SMS text alerts are proprietary to us or our licensors. The SMS text alerts are for your personal, non-commercial use only.
  • WE AND YOUR MOBILE CARRIER WILL NOT BE LIABLE FOR ANY ERRORS, DELAYS OR FAILURES IN YOUR RECEIPT OF OR THE ACCURACY OF ANY SMS TEXT ALERTS. ALL SMS TEXT ALERTS ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS.
  • All children under 18 years of age should seek permission from a parent or guardian prior to using or receiving the SMS text alerts. THE SMS ALERTS ARE NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE.
  • We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the SMS text alerts with you if we believe you are in breach of our terms and conditions. Your use of the SMS text alerts is also subject to termination in the event that your mobile service terminates or lapses. We may alter or discontinue the SMS text alerts at any time for any reason.

As of the effective date of this Agreement, you have no right to make an election to receive SMS text alerts as part of your credit or identity monitoring or other subscription product. If you have previously elected to receive SMS text alerts to alert you to identified changes to your credit report or financial or identity profile based on your settings as part of your credit or identity monitoring or other subscription product prior to the effective date of this Agreement, you may continue to receive such alerts as part of such product, as provided in this section above, unless such alert functionality is no longer made available for such product and you are notified of an update to such product under Section 3 above.

16. FICO® Score Versions

All FICO® Score products made available on myFICO.com include a FICO® Score 8, and may include additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. See Attachment A of for more information.

17. Credit Report Monitoring, Updated FICO® Scores, FICO® Score Monitoring, and Alerts

Not all credit report data is monitored. Monitored credit report data, monitored credit report data change alerts, FICO® Score updates, FICO® Score alerts, and alert triggers, timing and frequencies vary by credit bureau. Other limitations apply. See Attachment B of for more information.

18. Entire Agreement

This Customer Agreement, together with (i) the Website Terms of Use, (ii) the Privacy Policy, and (iii) the ADDITIONAL EXPERIAN CONSUMERS DISCLOSURES, constitute the entire agreement between you and FICO with respect to the products you obtain. Please review these documents each time you log in to use the Site or your products as FICO reserves the right to make changes to the documents from time to time.

For important information regarding your rights under the Fair Credit Reporting Act, click here.

ADDITIONAL CONSUMER DISCLOSURES
  • The Fair Credit Reporting Act allows you to obtain a disclosure from every credit reporting agency of the nature and substance of all information in my file at the time of the request. Full disclosure of information in your file at Experian must be obtained directly from Experian by calling 888-397-3742 or logging on to www.experian.com/consumer. The credit report you are requesting from us is not intended to constitute the disclosure of information required by the Fair Credit Reporting Act or similar state laws.
  • You are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:
    • you have been denied credit, insurance or employment within the past sixty (60) days as a result of my credit report
    • you certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the date on which you made the certification
    • you area recipient of public welfare assistance
    • you have reason to believe that my file at the agency contains inaccurate information due to fraud
    • Annually at www.annualcreditreport.com
    Otherwise, the consumer reporting agency may impose a reasonable charge for the disclosure.
  • The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in my credit file. You understand that accurate information cannot be changed.
  • You do not have to purchase my credit report or other information from us to dispute inaccurate or incomplete information in my Experian file or to receive a copy of my Experian consumer credit report.
  • Experian's National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by us. The disclosure report must be obtained directly from Experian. Consumers residing in the States of Colorado, Massachusetts, Maryland, New Jersey, and Vermont may receive a free copy of their consumer credit report once per year and residents of the State of Georgia may receive two copies per year.
  • Fraud Alerts are available to any eligible consumers–free of charge–from a national consumer reporting agency.



ATTACHMENT A

FICO® Score Versions

IMPORTANT INFORMATION:

FICO® Score 8 is the version of the base FICO® Score model most widely used by lenders. In addition to base FICO Scores, there are also industry-specific FICO Scores such as the FICO Auto Score and the FICO Bankcard Score. The FICO Scores made available on myFICO.com are calculated from versions of the base and industry-specific FICO Score models. Your lender or insurer may use a different FICO Score than the version you receive from myFICO, or another type of credit score altogether.

Base FICO® Scores range from 300 to 850. Industry-specific FICO Scores range from 250-900. A higher FICO Score represents a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower FICO Score indicates to lenders that you may be a higher credit risk. There are three different major consumer reporting agencies — Experian®, TransUnion® and Equifax® — that maintain a record of your credit history known as your credit file. Your FICO Scores are based on the information in your credit file at the time they are requested. Your credit file information can change over time and can vary from agency to agency. As a result, your FICO Scores can vary depending on when they are calculated and at which agencies they are calculated.

The statements that FICO® Scores are "used by 90% of top lenders" is based on a study of third-party data sources of all versions of all FICO Scores sold to lenders, including but not limited to FICO Scores calculated from the FICO Score 8 model.

FICO Score versions currently available on myFICO.com:

Experian Equifax TransUnion
Most widely used version
FICO® Score 8 FICO® Score 8 FICO® Score 8
Versions used in auto lending
FICO® Auto Score 9
FICO® Auto Score 8
FICO® Auto Score 2
FICO® Auto Score 9
FICO® Auto Score 8
FICO® Auto Score 5
FICO® Auto Score 9
FICO® Auto Score 8
FICO® Auto Score 4
Versions used in credit card decisioning
FICO® Bankcard Score 9
FICO® Bankcard Score 8
FICO® Bankcard Score 2
FICO® Score 9
FICO® Score 3
FICO® Bankcard Score 9
FICO® Bankcard Score 8
FICO® Bankcard Score 5
FICO® Score 9
FICO® Bankcard Score 9
FICO® Bankcard Score 8
FICO® Bankcard Score 4
FICO® Score 9
Versions used in mortgage lending
FICO® Score 2 FICO® Score 5 FICO® Score 4
Newly released version
FICO® Score 10
FICO® Score 10 T
FICO® Auto Score 10
FICO® Bankcard Score 10
FICO® Score 10
FICO® Score 10 T
FICO® Auto Score 10
FICO® Bankcard Score 10
FICO® Score 10
FICO® Score 10 T
FICO® Auto Score 10
FICO® Bankcard Score 10



ATTACHMENT B

Credit Report Monitoring, Updated FICO® Scores, FICO® Score Monitoring, and Alerts



Monitored credit report data categories by credit bureau are listed below (not all data is reported or monitored).

Experian:


Equifax:


TransUnion:



IMPORTANT INFORMATION:


Credit Report Monitoring and Alerts


The categories of monitored credit report data are listed above. Not all data related to these categories or your credit report is reported or monitored. Credit report data change alerts are available only for monitored credit report data, and may only be available if your credit report contains the minimum information required to calculate FICO® Scores. Monitored credit report data, monitored credit report data change alerts, and alert triggers, timing, and frequencies vary by credit bureau (Experian, Equifax, and Transunion). Monitored credit report data is monitored once per day, and a credit report data change alert is provided for a detected change in monitored credit report data (excluding Sunday for Trans Union). myFICO does not control credit report data, which is reported by lenders and other companies to credit bureaus. There may be delay between the time of enrollment and the time credit report monitoring or a credit report data change alert is available, between an occurrence of a credit event (such as a balance change, account opening or change, collection activity, or newly listed public record) and the time credit report data is reported, and between the time credit report data is reported and detection of a change to monitored credit report data. Credit monitoring and alerts in certain locations, including locations outside of the United States, the District of Columbia and US Territories, may be limited or not available at all.


Updated FICO® Scores, FICO® Score Monitoring and Alerts


A FICO® Score 8 is available, and may include additional FICO® Score versions, for each credit bureau selected at the time you obtain a new credit report. In addition, an updated FICO® Score 8 is available at the time you receive a credit report data change alert for monitored credit report data (as described above), and at the time you receive a FICO® Score change alert (Trans Union or Equifax only). Updated FICO® Scores and FICO® Score alerts are only available if your credit report contains the minimum information required to calculate FICO® Scores. FICO® Score updates, monitoring, alerts, and alert triggers, timing, and frequencies vary by credit bureau. There may be delay between the time of enrollment and the time an updated FICO® Score, monitoring, or a FICO® Score alert is available. For Trans Union, FICO® Score 8 changes are monitored once per day, and a score change alert is provided for a detected FICO® Score 8 change only at the time you receive a credit report data change alert for monitored Trans Union credit report data (excluding Sunday). For Equifax, FICO® Score 8 changes are monitored only if you have not received a FICO® Score update in the prior 7 days, and a score change alert is provided for a detected FICO® Score 8 change. No other FICO® Score monitoring is available. FICO® Score alerts are only available for FICO® Score 8. FICO® Score updates, monitoring and alerts in certain locations, including locations outside of the United States, the District of Columbia and US Territories, may be limited or not available at all.



Alerts

You can elect to receive the alerts above via email or push notification. Standard messaging and data rates apply. Other terms and restrictions may apply.




ATTACHMENT C

IDENTITY THEFT INSURANCE TERMS AND CONDITIONS THE FOLLOWING TERMS AND CONDITIONS APPLY ONLY TO PRODUCTS WHICH INCLUDE IDENTITY THEFT INSURANCE:

Identity Fraud Financial Reimbursement

Summary of Benefits

This Summary of Benefits is provided to inform you that as a member of a Participating Identity Protection Membership Program, that includes identity theft insurance wherein you are entitled to benefits under the Policy as issued to ConsumerInfo.com or CSIdentity Corporation and described in this Summary of Benefits. Various provisions in this Summary of Benefits and in the Policy restrict coverage. Read the entire Summary of Benefits carefully to determine rights, duties and what is and is not covered.

This Summary of Benefits does not state all the terms, conditions, exclusions and definitions within the Policy. Your benefits will be subject to all the terms, conditions, exclusions and definitions of the Policy as issued to ConsumerInfo.com, CSIdentity Corporation or as a Participating Identity Protection Program provider extended coverage under the Policy. A complete copy of the Policy will be available upon request. If the Policy is terminated, your benefits under the Policy will cease effective that date. It is the obligation of your Participating Identity Protection Membership Program provider to inform you of any termination of the Policy. The Identity Fraud Expense Reimbursement benefit is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company, under a group or blanket policy issued to ConsumerInfo.com, Inc. or CSIdentity Corporation, both Experian companies and also known collectively as Experian Consumer Services (hereinafter, "Experian"), or its respective affiliates for the benefit of its Members. To obtain a complete copy of the Policy contact the customer assistance center contained in your membership materials. . American Bankers Insurance Company of Florida administers all claims and is solely responsible to Members with respect to the Identity Fraud Expense Reimbursement benefit.

All references to We, Us, and Our throughout this Summary of Benefit means American Bankers Insurance Company of Florida.

LIMITS OF INSURANCE

Coverage Limit of Liability
Expense Reimbursement Please see your participating identity protection membership program fulfillment materials for your coverage limit per 12 Month Period
Cash Recovery (Cash Recovery only applicable if included in the participating identity protection membership program) Please see your participating identity protection membership program fulfillment material for your Cash Recovery limit. Cash Recovery is not included in all identity theft plans.

DUTIES WHEN LOSS OCCURS

Upon knowledge or discovery of loss or of an occurrence which may give rise to a claim under the terms of this coverage, the policyholder is responsible for notifying the member of the following requirements:

a. Give notice as soon as practicable to:
(1) the appropriate authority and affected institutions, if applicable; and
(2) call the customer assistance number contained in your membership materials to make a valid claim within sixty (60) days of the date of discovery, or as soon as reasonably possible.
If the loss involves a violation of law, the member shall also notify the police. The member must submit a copy of the police report when filing a claim;
For Cash Recovery, the member must provide documentation from the financial institution that the funds were fraudulently removed and are non-recoverable from the financial institution.
b. File detailed proof of loss, duly sworn to, with us within sixty (60) days after the discovery of loss;
c. Take all reasonable steps to mitigate loss resulting from identity fraud including, but not limited to, requesting a waiver for any applicable fees, loan application fees or credit bureau fees;
d. Upon our request, submit to examination by us, and subscribe the same, under oath if required;
e. Upon our request, cooperate to help us enforce legal rights against anyone who may be liable to the member to include giving evidence and attending depositions, hearing and trials;
f. Immediately forward to us any notices, summons or legal papers received by the member in connection with the loss or the identity fraud;
g. Produce for our examination all pertinent records;
h. Cooperate with us in all matters pertaining to loss or claims;
all at such reasonable times and places as we shall designate.
The member shall not voluntarily assume or admit any liability, nor, except at said member's own cost, voluntarily make any payment or incur any expense without our prior written consent, such consent not to be unreasonably withheld.
The member shall keep books, receipts, bills and other records in such manner that we can accurately determine the amount of any loss. At any time, subsequent to the reporting of the loss to us, we may examine and audit the member's books and records as they relate to a loss under the Policy.

COVERAGE

Identity Fraud – Expense Reimbursement

We will reimburse the member for expenses and legal costs incurred by the member, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of their participating identity protection membership program fulfillment materials from the direct result of the following:

1. Fraud or Embezzlement For loss arising out of fraud or embezzlement perpetrated against the member, with an occurrence date during the term of the membership.
2. Theft For loss resulting directly from theft of property related to the member's information, checkbook, savings record, ATM access or securities from the member, with an occurrence date during the term of the membership, by a person from whom the member purchased goods or services.
3. Forgery For loss, with an occurrence date during the term of the membership, resulting directly from forgery or alteration of checks, drafts, promissory notes, or similar written promises, orders or directions to pay money that are:
Made or drawn by or drawn upon the member's account; or
Made or drawn by one purporting to act as the member's agent.
4. Data Breach For loss, with an occurrence date during the term of the membership, resulting directly from the misuse of the member's information as a result of a data compromise of information from a financial institution, a credit reporting agency, a credit grantor, a securities firm, employer or other institution/company maintaining the member's personal information, that results in monies stolen from the member's accounts or misuse of data to obtain property, credit or monies using the member's information.
5. Stolen Identity Event For loss resulting from a stolen identity event, including but not limited to a stolen identity event occurring on or arising out of the use of the Internet. The occurrence date must be during the term of the membership. A stolen identity event means the theft, unauthorized, or illegal use of the member's name, social security number, or other method of identifying the member.
Cash Recovery

We will reimburse the member, up to the Limit of Liability as shown on the Limits of Insurance section of the member's identity protection membership program fulfillment materials when this benefit has been included, a Cash Recovery benefit limited to payment for one (1) occurrence within any twelve (12) consecutive months of the term of the membership, for recovery of traditional credit cards, pre-paid credit cards and debit card deductibles or in the event of an unauthorized electronic fund transfer, reimbursement for unrecoverable funds, exclusive of interest, directly drawn from or removed through an unauthorized electronic fund transfer from the member's mobile device (smart phone) or other financial account due to an act of fraud, embezzlement, theft, forgery or other data breach which have not been recovered.

Cash Recovery does not cover unrecoverable funds for which the member did not seek reimbursement from the financial institution, or other provider which issued the access device and holds the account from which funds were stolen, and for which the member has not received reimbursement from any other source.

The member will only be covered from an unauthorized removal of funds or an unauthorized electronic fund transfer if the loss first occurs on or after the effective date of the Policy under which this coverage is provided, while the member is an active and paid member of the policyholder, and the loss is reported to us within ninety (90) days of discovery.

The member is not covered if the unauthorized removal of funds or unauthorized electronic fund transfer first occurs after the termination of the Policy under which this coverage is provided, or the member is not an active member of the participating identity protection membership program.

For Family Plans, the Cash Recovery benefit is limited to payment for one (1) occurrence within twelve (12) consecutive months, not to exceed the Limit of Liability as shown on the Limits of Insurance section of the member's participating identity protection membership program fulfillment materials, when this benefit has been included.

The Cash Recovery benefit when included in member's identity protection membership program is part of, and not in addition to the Expense Reimbursement Limit of Liability. We will pay up to the Limit of Liability as shown on the Cash Recovery Limits of Insurance section of member's participating identity protection membership program.

For Cash Recovery, account means a cash, credit card, demand deposit (checking), savings, or money market account of the member, held directly or indirectly by a financial institution and established primary for personal, family or household purposes.

EXCLUSIONS

Expense Reimbursement and the Cash Recovery do not cover:

a. loss due to any fraudulent, dishonest or criminal act by the member or any person acting in concert with the member, or immediate family member, whether acting alone or in collusion with others;
b. loss resulting directly or indirectly from any errors or omissions occurring in the following actions:
1. the input of data to any computer system; or
2. the processing of data by any computer system; or
3. the manual or electronic processing of any output produced by any computer system;
c. loss resulting directly or indirectly from the voluntary surrendering by the member of any access device, in whole or in part, to any person or entity;
d. loss resulting from any unintentional clerical error in the transfer from or debit of any account of the member which is initiated by a financial institution, or any employee(s) thereof. However, this exclusion shall not apply to a fraudulent act of an employee(s) of a financial institution where said employee(s) is acting without the permission or instruction of their employer;
e. loss in connection with any pre-authorized transfer from any account to or for the benefit of a financial institution, or to any other account of the member;
f. indirect or consequential loss of any nature;
g. loss of potential income not realized by the member;
h. loss resulting from an identity fraud that was discovered prior to the effective date of the Policy under which this coverage is provided;
i. loss arising out of business pursuits of the member;
j. loss of valuable papers, valuable documents, jewelry, silverware and other personal property including the philatelic value of stamps and the numismatic value of coins not in circulation;
k. property damage, bodily injury or personal injury;
l. losses incurred from financial performance of any investment of financial product;
m. loss from games of chance;
n. for Cash Recovery losses other than traditional credit cards, pre-paid credit cards and debit card deductibles or unrecoverable funds, exclusive of interest, directly drawn from or removed through an unauthorized electronic fund transfer from the member's mobile device (smart phone), or other financial account.. All other monetary devices are excluded;
o. any loss, claims or damages that are not covered under the terms and provisions of the Policy under which this coverage is provided;
p. legal fees in excess of $125 per hour;
q. any loss which occurred while the member was not an active member of the participating identity protection membership program

DEFINITIONS

Access Device means a card (including credit, debit and ATM cards), code, PIN, password, personal check or other similar means of access to the member's account at a financial institution that may be used by the member to gain access to said account for the purpose of withdrawing or transferring funds, making purchases, or making long distance or cellular/digital (wireless) telephone calls.

Data Breach means the misuse of the member's information as a result of a data compromise of information from a financial institution, a credit reporting agency, a credit grantor, a securities firm, employer or other institution/company maintaining the member's personal information, that results in monies stolen from the member's accounts or misuse of data to obtain credit or monies using the member's information.

Date of Discovery occurs when the member first becomes aware of facts which would cause a reasonable person to assume that a loss covered by this insurance has been or will be incurred, even though the exact amount or details of loss may not then be known. Discovery also occurs when the member receives notice of an actual or potential claim against the member involving loss covered under this insurance.

Domestic Partner means a person designated in writing by the primary member who is registered as a domestic partner or legal equivalent under laws of the governing jurisdiction or who:

1. is at least 18 years of age and competent to enter into a contract;
2. is not related to the primary member by blood;
3. has exclusively lived with the primary member for at least twelve (12) consecutive months prior to the effective date of coverage;
4. is not legally married or separated; and
5. as of the date of coverage, has with the primary member at least two (2) of the following financial arrangements:
    a. a joint mortgage or lease;
    b. a joint bank account;
    c. joint title or ownership of a home, motor vehicle or status as joint lessee on a motor vehicle lease;
    d. a joint credit card account with a financial institution.

Expenses mean:

1. Costs incurred by the member for re-filing applications for loans, grants, or other credit that are rejected solely because the lender received from any source incorrect information as a result of the identity fraud;
2. Costs for notarizing affidavits or other similar documents, long distance telephone calls, travel and postage reasonably incurred as a result of the member's efforts to report an identity fraud or amend or rectify records as to the member's true name or identity as a result of an identity fraud;
3. Reasonable costs incurred by the member for up to six (6) credit reports from established credit bureaus (with no more than two (2) reports from any one credit bureau) dated within twelve (12) months after the member's discovery of an identity fraud, and costs incurred for contesting the accuracy or completeness of any information contained in a credit report following an identity fraud;
4. Payment for reasonable expenses incurred for the placement of up to twelve (12) credit freezes or credit thaws per 12 month period as a result of being notified of a data breach in which the member's personal information was compromised and payment for expenses that were a result of recovery from an identity fraud such as; credit freeze, credit thaw costs, transcript costs, appeal bond, court filing fees, expert witness or courier fees;
5. Actual lost base wages that would have been earned, for time reasonably and necessarily taken off work solely as a result of efforts to amend or rectify records as to the member's true name or identity as a result of an identity fraud. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days and excludes sick days, business interruption and future earnings of a self-employed professional. Coverage is limited to base wages within twelve (12) months after discovery of an identity fraud. Base wages must be supported by and based on the prior year tax return.
6. Child or elderly care costs that would have otherwise not been incurred, resulting from time reasonably and necessarily taken away from providing such care as a result of efforts to amend or rectify records as to the member's identity as a result of an identity fraud.
7. Reasonable and necessary costs incurred by the member for ordering medical records for the purpose of amending and/or rectifying these documents as a result of an identity fraud.
8. Reasonable and necessary costs incurred by member for the replacement of identification cards, driver licenses and passports as a result of an identity fraud.
9. Reasonable and necessary costs, up to a maximum of $125 per hour, incurred by the member for use of any investigative agency or private investigator engaged to amend or rectify records as to the member's true name or identity as a result of an identity fraud. We reserve the right to select such investigative agency or private investigator; however, with our express prior written consent, member may elect such investigative agency or private investigator.
10. Reasonable and necessary costs, up to a maximum of $125 per hour, incurred by the member associated with the use of any certified public accountant engaged to amend or rectify records as to the member's true name or identity as a result of an identity fraud. We reserve the right to select such certified public accountant; however, with our express prior written consent, member may elect such certified public accountant.

Family Member means the primary member's spouse or domestic partner, parent, siblings, children and/or any other member of, or dependent persons residing in the primary member's household. Family member also includes a primary member's spouse or domestic partner's:

unmarried children (including those who the member is their legal guardian) under twenty-one (21) years of age.
unmarried children (including those who the member is a legal guardian) under twenty-six (26) years of age if a full-time student at an accredited college or university.
dependent(s) with documented disabilities who have the same primary residence as the member and who relies on the member for maintenance and support.

Any family member who does not reside at the primary member's home is not eligible for coverage, except unmarried children (including those who the member is a legal guardian) under twenty-six (26) years of age if a full-time student at an accredited college or university.

Family Plan means a membership program that: extends coverage, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of your participating identity protection membership program, to the primary member and their family members and for which the Family Plan membership fee/product fee is paid.

The Aggregate Limit of Liability shown on the Limits of Insurance section of your participating identity protection membership program will be the maximum amount we will pay for all covered losses per Family Plan regardless of the number of losses that occur for any one member per twelve (12) month period.

Forgery means the signing of the name of another person or organization with intent to deceive. It does not mean a signature, which consists in whole or in part of one's own name signed, in any capacity, for any purpose.

Fraud or Embezzlement includes electronic, telegraphic cable, teletype tele facsimile, telephone or written instructions which: purports to have been transmitted or written by the member, but which was in fact fraudulently transmitted or altered by someone else without member's knowledge or consent; or received by the member which purports to have been transmitted by an employee but which was in fact fraudulently transmitted by someone else without member's or employee's knowledge or consent.

Identity Fraud means the act of knowingly transferring or using, without lawful authority, a means of identification of the member with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal, State or local law.

Legal Costs means costs, up to a maximum of $125 per hour, for reasonable fees for an attorney fees for an attorney selected by the member and related court fees, incurred by the member with our consent, for:

1. Defense of any legal action brought against the member by a merchant, creditor or collection agency or entity acting on their behalf for non-payment of goods or services or default on a loan as a result of the identity fraud;
2. Defense of or the removal of any civil judgments wrongly entered against the member as a result of identity fraud; and
3. Challenging the accuracy or completeness of any information in a member's consumer credit report, medical history or tax history, as a result of identity fraud; and
4. Member's initial consultation with a lawyer to determine the severity of and appropriate response to an identity fraud.

Loss means the expenses and legal costs incurred by the member as the direct result of a covered transaction.

Member means the primary member and primary member's family member if the primary member is enrolled in or elects a Family Plan membership program.

Occurrence means an incident of an actual or attempted fraudulent, dishonest or criminal act or series of related acts, whether committed by one or more persons.

Occurrence Date means the earliest possible date of discovery.

Participating Identity Protection Membership Program means an identity protection membership program for which coverage has been extended to under a group or blanket policy issued to ConsumerInfo.com, Inc. or CSIdentity Corporation, both Experian companies and also known collectively as Experian Consumer Services (hereinafter, "Experian"), or its respective affiliates, and for which coverage has been paid by Experian.

Policyholder means ConsumerInfo.com, Inc. or CSIdentity Corporation, both Experian companies and also known collectively as Experian Consumer Services (hereinafter, "Experian"), or its respective affiliates.

Primary Member means a customer who is enrolled in a Participating identity protection membership program that includes identity theft insurance who is in good standing:

1. for which the primary member membership fee/ product fee has been paid; and
2. whose name is shown on the membership.

Proof of Loss means receipts for reasonable out of pocket expenses.

Spouse means a person who is either:

1. legally married to the primary member; or
2. meets the definition of domestic partner to the primary member.

Stolen Identity Event means the unauthorized, or illegal use of the member's name, social security number, or other method of identifying the member.

Unauthorized Electronic Fund Transfer (UEFT) means an electronic fund transfer from the member's account, initiated by a person other than the member without the actual authority to initiate such transfer and from which the member receives no benefit.

An unauthorized electronic fund transfer does not include an electronic fund transfer initiated:

1. by a person who was furnished the access device to the member's account, unless the member had given prior notification to the financial institution that transfers by such person(s) are no longer authorized;
2. with fraudulent intent by the member or any person acting in concert with the member;
3. by the financial institution or its employees; or
4. from any business or commercial account.

CONDITIONS

1. Limits of Insurance - Our maximum limit of liability for loss under these Terms and Conditions shall not exceed the applicable limit stated on your participating identity protection membership program.

All loss incidental to an actual or attempted fraudulent, dishonest or criminal act or series of related acts, whether committed by one or more persons, shall be deemed to arise out of one occurrence.

Our total aggregate limit of liability shown on your participating identity protection membership program, or the Policy if in conflict, will be the maximum amount we will pay for all covered losses per primary member or family plan membership, regardless of the number of losses that occur for any one member per twelve (12) month period.

2. Loss Payment

We will pay any loss covered under the Policy under which this coverage is provided, within thirty (30) days after:

a. We reach agreement with the member; or
b. The entry of final judgment.
3. Notice of Claim must be given to us by the member:
a. in writing; and
b. within a reasonable time period after the date of discovery.
4. Settlement of Claims

We will pay all covered claims within ninety (90) days from the date we receive acceptable proof of loss at our office.

5. Transfer of Rights of Recovery Against Others to Us - If any person or organization to or for whom we make payment under this insurance has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing to impair them.

Recovery against persons or organizations also insured under this Policy or any other Policy issued by us with respect to the same loss is prohibited.

6. Other Insurance - This insurance is excess in the event coverage is provided under any other policy/certificate.

Should member be enrolled in more than one membership program insured by us, we will reimburse the member under each membership:

a. subject to the applicable deductibles and limits of liability of each membership;
b. but in no event shall the total amount reimbursed under all memberships exceed the actual amount of loss; and
c. in no event shall the limit of liability under all memberships exceed the largest limit of liability available to the member under any membership program insured by us.
7. Action Against Us – No action may be brought against us unless there has been full compliance with all of the terms and conditions of this Summary of Benefits and suit is filed within twenty-four (24) months from the date of occurrence. No one will have the right to join us as a party to any against the policyholder or member.