TERMS

ACCEPTANCE OF TERMS

These Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to all: (a) transactions between you and Creditera, Inc. (“Creditera”) all transactions through the http://creditera.com website and all other websites owned and operated by Creditera, including, but not limited to, your purchase of the membership based products known as Consumer Credit Monitoring and Consumer and Business Credit Monitoring and non-membership based Products such as the, Instant Single Credit Report and Instant Business Credit Report (collectively, the “Products”); (b) your access to and use of the websites located at http://creditera.com (the “Product Websites”); and (c) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the “Content”).

YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, PRODUCT WEBSITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, PRODUCT WEBSITE, OR CONTENT, DISCARD THE PRODUCTS YOU RECEIVED IMMEDIATELY AND CALL CUSTOMER CARE TO CANCEL YOUR MEMBERSHIP.

This Agreement may be updated from time to time. Online customers should check the Product Websites regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products, Product Websites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.

USE OF THE PRODUCTS

In consideration of your order of, access to, and/or use of any Product, Product Website, and/or Content you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Product, when prompted to do so by the registration and application forms or requested to do so by Creditera. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if Creditera has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Creditera, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Product Website and/or Content, and refuse all current or future orders of, use of, and/ or access to, any Product, Product Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that Creditera will not be liable to you, your minor children or any third party if Creditera suspends or terminates your order of, use of, or access to any Product, Product Websites or Content, or any portion thereof, for any reason.

You understand that by clicking the “I AGREE” button immediately following the Terms & Conditions link within the Creditera signup process, you are providing “written instructions” to Creditera, Inc. under the federal Fair Credit Reporting Act (FCRA) authorizing Creditera to obtain information from your personal credit history from Experian and TransUnion. You authorize Creditera, Inc. to obtain such information solely for (a) providing you access to your credit history for your own use; (b) to confirm your identity to avoid fraudulent transactions in your name; and (c) monitoring your credit file for changes, including monthly refreshes of your consumer reports, while your membership is active with Creditera, Inc.

DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

SUMMARY:

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CALLING CREDITERA´S CUSTOMER SERVICE DEPARTMENT AT 1-801-937-4621. IN THE UNLIKELY EVENT THAT CREDITERA´S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF CREDITERA HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. CREDITERA WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND CREDITERA WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

Arbitration Agreement:

(a) Creditera and you agree to arbitrate all disputes and claims between us, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.

For purposes of this arbitration provision, references to “Creditera,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Creditera are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.

(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Creditera should be addressed to: Legal & Compliance, Creditera, 10808 S. River Front Pkwy, Ste. 300 South Jordan, UT 84095 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Creditera (“Demand”). If Creditera and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Creditera may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Creditera or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Creditera is entitled.

You may obtain more information about arbitration from www.adr.org.

(c) After Creditera receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $125 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, Creditera will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.

All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. The arbitrator shall be bound by the terms of this Agreement. Unless Creditera and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, Creditera will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Creditera for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.

(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

(f) YOU AND CREDITERA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Creditera agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph (f) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if Creditera makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any credit monitoring or other product, you may reject any such change and require Creditera to adhere to the language in this provision if a dispute between us arises regarding such membership product.

FCRA DISCLOSURES

The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:

  • You have been denied credit, insurance or employment in the past 60 days as a result of your report
  • You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification
  • You are a recipient of public welfare assistance
  • You have reason to believe that your file at the agency contains inaccurate information due to fraud

The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from Creditera to dispute inaccurate or incomplete information in your consumer credit file or to receive a copy of your consumer disclosure.

The credit report you are requesting from Creditera is not intended to constitute the disclosure of consumer credit information required by the FCRA or similar state laws. Such consumer disclosures must be obtained directly from one or all of the three national credit reporting companies (Experian, Equifax, Transunion).

The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian®, Equifax®, and TransUnion®) once every 12 months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the credit reports from one or all of the three national credit reporting companies that are available from Creditera may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. Creditera’s Products are not related to the free FCRA disclosure that you are or may be entitled to.

Fraud alerts are available to any eligible consumers – free of charge – from a national consumer reporting agency.

MODIFICATION OF PRODUCTS

Creditera may, at its discretion, modify or discontinue any of the Products, Product Websites or Content, or any portion thereof, with or without notice. You agree that Creditera will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Products, Product Websites or Content.

NOTICE OF PROSECUTION

For online customers, access to and use of password protected and/or secure areas of the Product Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product Websites may be subject to prosecution.

Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.

SECURITY MEASURES AND AUTHENTICATION

Because Creditera uses security measures designed to protect your privacy and to safeguard your information, Creditera may not always be able to successfully provide Products to you, including instant online delivery of your credit report for online customers. For example, for certain online Products, when the system is unable to authenticate you, you may be routed through a manual authentication process. In the event that you are routed through a manual authentication process, it is your responsibility to complete authentication so that you can gain access to your membership on the website. Your membership will continue and we will continue to monitor your credit report, all of which will be available to you once you complete authentication. Consequently, you will continue to be billed for your membership and the associated services available to you until you cancel. For certain products, Creditera cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times. Additionally, in the case of off-line customers, Creditera will mail your credit report to the best address listed on your credit file as a security measure. If you are not able to access your mail at that location, Creditera cannot provide any Products to you.

PERSONAL INFORMATION

Creditera may use your personal information to the extent necessary to process your order and/or engage in business maintenance.

REVIEW AND RECEIPT OF PRIVACY NOTICE

By submitting your order, you acknowledge receipt of our Privacy Notice and agree to its terms.

ONLINE REQUIREMENTS

You must have an email address and a Java-compatible browser to receive your Products online. As an online customer, you are agreeing to receive all notifications via email at the email address on file with Creditera. You are obligated to update the email address on file when your email address changes. In some cases we require that you “opt in” or provide your affirmative consent to receive emails from us in order to receive Product alerts, notices and other communications from us. Where required, it is your responsibility to provide us with such affirmative consent so that we can provide all of the communications, including alerts of changes to your credit report. However, even if you choose not to provide the affirmative consent, once you have passed authentication, the website and all of the valuable features of your membership are still available to you at any time by simply logging in. Accordingly, your membership will continue and the services will remain available whether you provide affirmative consent to receive e-mails or not. In the event that Creditera is unable to deliver email messages to you, you agree to accept product notifications in an alternative method, such as direct mail or SMS messages. We strongly encourage you to select SMS messaging as an alternative method of receiving notifications and alerts. You may select this method by accessing your member homepage online and changing your Alert Settings. Please note, mobile messaging rates may apply. All service alerts are also accessible online in your Alerts Center of your account.

In the event that you 1) fail to complete authentication after being routed through our manual authentication process; or 2) fail to update your email address on file with Creditera; or, if applicable 3) fail to provide your affirmative consent to receive email from us, and thus Creditera is unable to deliver email messages to you, you nonetheless understand and agree that the Product will be fulfilled at the price agreed upon at the time that you placed your order.

NO WARRANTY BY CREDITERA

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PRODUCT WEBSITES AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. CREDITERA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM CREDITERA DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. OTHER THAN TO THE EXTENT MADE IN WITHIN THESE TERMS AND CONDITIONS, CREDITERA MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.

ACTIVATION CODES

If you are using an activation code to obtain a Product, you are restricted to a one-time use of such activation code. Any subsequent use of the activation code will result in immediate termination of any associated Products without notice and in accordance with the termination provision(s) in the section entitled “Use of the Products,” found herein.

Please note that if you improperly obtain a Product with an activation code, any credit card number you may have provided to us will also be charged with the fee for the Product that was obtained improperly.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT CREDITERA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR MEMBERSHIP BENEFITS, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE (IF APPLICABLE), EVEN IF CREDITERA HAS BEEN ADVISED OF THE POSSIBILITY OF TOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OR DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CREDITERA, THEN YOU AGREE THAT CREDITERA’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CREDITERA FOR THE PRODUCT(S) YOU PURCHASE FROM CREDITERA.

NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT

Creditera offers access to your credit report, your VantageScore®, and other credit information. Creditera and its affiliates are not credit repair organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Products, Product Websites, and Content in order to do so.

Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of your credit score monitoring product but is provided free of charge to all consumers, regardless of whether they are members of the credit score monitoring product.

VantageScore ®

The VantageScore, with scores ranging from 300 to 850, is a user-friendly credit score model developed by VantageScore Solutions, LLC to help you see and understand how lenders view your credit worthiness. It is not used by lenders, but it is indicative of your overall credit risk. Higher scores represent a greater likelihood that you´ll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.

There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Your Credit Score is based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit score can vary if the information they have on file for you is different. And since the information in your file can change over time, your Credit Score may be different from day-to-day.

Lenders and insurers use several different credit scoring models so don’t be surprised if your lender gives you a score that´s different from the VantageScore you receive online. Just remember that your associated risk level is generally the same even if the number is not. If the lender´s score is lower than your online score, it is possible that this difference can lead to higher interest rates and sometimes credit denial.

REGISTERING FOR ANY PRODUCT

To request a credit report or score, or purchase any Product, you must have an address within the United States, provide a valid Social Security number, address, email address and date of birth and agree to be bound by these Terms and Conditions. In other limited circumstances, you may need to provide a valid telephone number so that Creditera can process your order. You must provide valid credit card information. Creditera will then evaluate your complete registration information.

In certain jurisdictions sales tax at state and local rates may apply, in which case you may be charged the applicable taxes in addition to the monthly fee and/or the price of the product.

For certain Products and/or channels where Products are sold, we reserve the right to accept or decline some forms of payment, including, but not limited to “pre-paid” or “re-loadable” credit/debit cards.

CREDIT MONITORING – ADDITIONAL TERMS AND CONDITIONS

Your membership in credit monitoring is effective for the period covered by your membership fee and continues upon your payment of the monthly/annual renewal fee. Renewal fees for your membership will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, on the first day of each successive thirty day membership term, until you cancel your membership. Should you choose to discontinue your membership for any reason before expiration of the then applicable membership term for which you have paid, you may cancel your membership and terminate further billing by calling the toll-free number listed on this Web Site, or by calling 1-801- 937-4621. If you are a monthly subscriber and choose to cancel anytime during your monthly billing term, your membership and monthly billing will terminate at the end of your monthly billing term and you will not be eligible for a prorated refund of any portion of your paid monthly membership fee. If you change your membership level from a paid membership level to a free membership level, your paid membership will terminate immediately and you will lose the ability to access paid membership benefits and you will not be eligible for a prorated refund of any portion of your paid monthly membership fee. Creditera reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership.

CREDIT REPORTS AND CREDIT SCORES – ADDITIONAL TERMS AND CONDITIONS

When you use any Product, Product Website and/or Content to access your personal credit report and/or credit score, you are certifying that you understand and agree to the following:

  • You may access your credit report and/or score for 30 days from the date of payment.
  • Refunds will not be issued once we have successfully located and delivered the Product(s) to you.
  • If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting the credit reporting company that supplied the information, as indicated in your credit report.
  • For online customers, if you are inactive (have not clicked on an item or refreshed the page) for a period of 20 minutes or more when reviewing your credit report and/or credit score online, your session will conclude and you will be logged out for your protection.

Disclaimers: You acknowledge that the information provided to you through the VantageScore®, including the score factors derived from the elements in your credit report, may change over time as your credit report changes. You also acknowledge that the score factor information on how to monitor your credit position assumes there will be no adverse changes in your credit performance. Creditera is not responsible for the accuracy or contents of your credit file, including but not limited to information delivered in the credit report and/or score products. Please note that pursuant to section 609f of the FCRA, consumers can obtain their credit score at any time for a statutorily set fee. All of the forgoing terms apply to your Statutory VantageScore® except the 30-day availability. Your Statutory VantageScore® will NOT be available after your initial session has concluded.

TERMS APPLICABLE TO BUSINESS CREDIT REPORT BY D&B CREDIBILITY 

The Business Credit Report by D&B Credibility, which includes the periodic alerts furnished by email and is provided for business uses only (the “DandB Product”), is provided to you in collaboration with Dun & Bradstreet Credibility Corp. (“DandB”). By purchasing and using the DandB Product and accepting these terms, you are also accepting and agreeing to DandB’s terms of service (http://www.dandb.com/terms-service/) and privacy policy (http://www.dandb.com/privacy-policy/), which cover your use of the DandB Product.

TRADEMARKS

You acknowledge and agree that Creditera’s name, the Creditera Logo, Page Headers and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/ or trade dress of Creditera (collectively “Marks”). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. Creditera Marks may not be used in connection with any product or service that is not Creditera’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Creditera. All other trademarks, product names, or logos not owned by Creditera that appear on this Product Website are the property of their respective owners.

COPYRIGHTS

All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of Creditera or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of Creditera or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent.

PATENTS

Certain aspects of this website as well as features and services accessible from this website may be covered by one or more of the following: U.S. Patent Nos: U.S. Patent No. PENDING

ENTIRE AGREEMENT

These Terms and Conditions, the Privacy Policy, and other policies Creditera may post constitute the entire Agreement between Creditera and you in connection with your use of the Product Websites (if applicable), the Products, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. Creditera may update these Terms and Conditions from time to time by posting revised Terms and Conditions on the Product Websites, or by mailing an updated copy to the most recent address you have provided to Creditera, without notice to you, and your subsequent use of the Products, Product Web Sites, and/or Content is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by Creditera. In the event of termination, the Intellectual Property, Disclaimers, and Limitations of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Product Websites or otherwise, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

PRIVACY POLICY

Creditera, Inc. (“we” or “us”) wants you to be familiar with what information we collect about you, how the information is being used and what choices you have regarding the collection and use of the information. This Privacy Policy (the “Policy”) describes our practices in connection with information that we collect through our websites (collectively, the “Site”). Please take a moment to review this Policy and feel free to contact us with any questions at 1-801-937-4621.

Revision Date: June 27, 2014

PRIVACY POLICY

By using the Site, you agree to the terms of this Policy. If you do not agree to the terms of this Policy, please do not use the Site. We reserve the right to change this Policy without prior notice. You agree to obtain annual notices of, and changes to, this Policy electronically by visiting this Site. You can determine when this Policy was last revised by referring to the “Last Revised” legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect. Therefore, we encourage you to review this Site from time to time for changes to our Policy.

WHAT TYPES OF INFORMATION DO WE COLLECT ABOUT YOU?

We collect personal information and non-personal information through the Site. Personal information is information that identifies you as an individual. Non-personal information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.

Personal information. We may collect the following types of personal information:

  • Information provided by you when ordering credit-related products through the Site. For example, you will be required to submit personal information such as your name, address, social security number, date of birth, telephone number and e-mail address.
  • When you make a purchase through the Site, we may collect your credit card number or other payment account number, billing address and other information related to such purchase (collectively, “Payment Information”) from you.
  • Other information we collect, such as city of birth and mother’s maiden name, is used to verify your identity in the event you forget your login information required for our online products.
  • Information you provide us through customer service correspondence and general feedback.

Non-Personal information. When you visit the Site, we may collect non-personal information, such as a catalog of the Site pages you visit. Non-personal information is generally collected through the Site from the following sources: server log files, environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide.

  • Server Log Files. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
  • Environmental Variables. We and our service providers may also collect certain environmental variables, such as computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the Site.
  • Cookies and Similar Technologies. We, our service providers, and/or non-affiliated Third-parties, may use “cookies” or similar technologies on the Site. Cookies are data that a web server transfers to an individual’s computer for record keeping purposes. Cookies are an industry standard used by many websites, and can facilitate your ongoing access to and use of a particular website; cookies do not cause damage to your computer systems or files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. At this time we do not respond to ‘Do Not Track’ signals.
  • Pixel Tags. We, our service providers, and/or non-affiliated Third-parties, may also use so- called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, to provide online advertising, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML- formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.
  • Information That You Voluntarily Provide. We also collect non-personal information (e.g., your geographic location, etc.) when you voluntarily provide such information to us. When such information is not combined with any personal information, such information is considered to be non-personal information, as it does not personally identify you or any other user. Additionally, we may aggregate personal information in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using personal information to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered non-personal information for purposes of this Policy.

Please note that if we combine any non-personal information with personal information, the combined information will be treated by us as personal information as long as it is so combined.

HOW DO WE USE THE INFORMATION COLLECTED?

Personal Information. We may use personal information we collect in the following ways:

  • Fulfillment of Requests. We may use personal information collected about you to provide you with products, services or information that you request.
  • Administrative Communications. From time to time we may use personal information to send to you important information regarding the Site, or changes to our terms, conditions, and policies. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.
  • Other Communications. From time to time, we may use personal information to inform you of products, programs, services and promotions that we believe may be of interest to you. If you would prefer that we do not send such email marketing messages to you, please see the “Your Choices” section below.
  • Purchases. We may use personal information, including Payment Information in order to fulfill your purchase.
  • Promotions. We may operate contests and similar promotions (collectively, “Promotions”) through the Site. We typically ask you for certain personal information when you enter and, if applicable, win a Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about our use of personal information. To the extent that the terms and conditions of such rules concerning the treatment of personal information conflict with this Policy, the terms and conditions of such rules will control.
  • Internal Business Purposes. We may also use personal information for our internal business purposes, such as data analysis and audits. In addition, we may also use personal information to enhance our information and to aid us in providing our customers with targeted promotions.
  • Non-Personal Information. Because non-personal information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to disclose such non personal information to other third parties, for any purpose.

In some instances, we may combine non-personal information with personal information. If we combine any non-personal information with personal information so that it personally identifies you, the combined information will be treated by us as personal information as long as it is combined.

We may, along with our affiliates and marketing partners enhance and/or merge personal information about you with data collected from other sources and use it in direct and/or online marketing and, to the extent permitted by law, individual reference and look-up service programs. In the event we enhance and/ or merge such personal information with data collected from other sources, we will take reasonable steps to maintain the integrity and quality of that information.

DO WE DISCLOSE INFORMATION TO THIRD PARTIES?

We may disclose information about you to affiliated and non-affiliated third parties.

  • Affiliates. We may disclose the information that we collect to our affiliated companies to provide the products you request, to enhance our products to better suit your needs, and from time to time for marketing purposes.
  • Business Partners. We may partner with other companies to offer you products or services or to fulfill the products or services that you order. We may disclose personal information and/or non- personal or de-identified information collected about you to such third-party partners for the purposes described in this Policy.
  • Service Providers. We work with third parties who provide services including but not limited to data analysis, order fulfillment, list enhancement and other administrative services. We may disclose personal information to such third parties for the purpose of enabling these third parties to provide services to us. Such services may include: marketing distribution, email list management services, advertising, certain product functionalities, customer support, web hosting, customer data management and enhancement, fulfillment services (e.g., companies that fill product orders or coordinate mailings), research and surveys, data analysis and email service.
  • Assignment. We reserve the right to transfer any and all information that we collect from Site users to an affiliate or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
  • Law enforcement; emergencies; compliance; other purposes permitted by law. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose personal information to others as we believe appropriate (a) to comply with legal process; (b) to respond to governmental requests; (c) to enforce our Terms of Use; (d) to protect the rights, privacy, safety or property of ConsumerInfo.com, Inc., our affiliated companies, you or others; (e) to permit us to pursue available remedies or limit the damages that we may sustain; and (f) for any other purpose permitted by applicable law.
  • Aggregate, Non-Personal, or De-identified Information. We may share aggregated information (i.e., information about you and other customers collectively, but not specifically identifiable to you) and other non-personal, de-identified, or anonymous information we collect with third parties, including affiliates to develop and deliver targeted advertising on our Site and on the websites of third parties. If you would prefer that we do not utilize cookies with your website experience, or would prefer to restrict the use of cookies with network advertising partners, please see the “Your Choices” section below.

YOUR CHOICES

You have choices when it comes to updating your information, learning about new offers or products offered by us, our partners or affiliates. If you do not wish to receive offers of products from us, our partners or affiliates, here are the methods in which you can opt out:

  • Creditera, Inc Commercial Email. If you prefer not to receive emails from us about offers and Promotions please unsubscribe via the unsubscribe link in an email, or contact us at 1-801-937- 4621. Alternatively, you may opt-out of commercial email directly on the order form while placing a new order.
  • Cookies and ‘Do not Track’signals.  If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. At this time we do not respond to ‘do not track’ browser signals.
  • Changing information. Corrections or updates to your information including your email address, phone number, mailing address, credit card information or password reminder phrase can be made through the edit profile section of your account on the Site. If necessary, other corrections or updates to your information can be made by contacting a customer care representative at 1- 801-937-4621. For your protection, our customer care representatives may request supporting documents before making any changes or updates to your membership information.

We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove personal information about you from the databases of third parties with which we have already disclosed personal information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related e-mails from third parties, please contact such third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.

HOW DO WE PROTECT YOUR INFORMATION?

We have security measures and tools, such as firewalls, in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us of the problem as soon as possible by contacting us in accordance with the Section “Contacting Us” below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

LINKS

The Site may contain links to third-party websites. These linked sites are not under our control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by us. If you provide any personal information through any such third-party website, your transaction will occur on the third party’s website (not the Site) and the personal information you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

LOCATION

We control and operate the Site from the United States, and the Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

A SPECIAL NOTE REGARDING INDIVIDUALS UNDER 18 YEARS OLD

The Site is not directed to individuals under the age of eighteen (18), and we request that such individuals not provide personal information through the Site. If you are under 18 years of age, you may browse our Site; however, you may not provide personal information to us such as name, address, or email address, and you may not register for, enroll in, and/or make product purchases.

CONTACTING US

If you have any questions regarding this Policy, please contact us at 1-801-937-4621. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.