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Eligibility
These Terms and Conditions ("Terms and Conditions") apply to all
transactions between you as the member ("you", "your" or
"Member") and MIS, including, without limitation, your access to and
use of the www.merchantsinfo.com
website and any information and resources available therein
("Website"), all transactions conducted through the Website, and your
purchase of identity theft services and products offered by MIS (individually
and collectively, "MIS Products and Services"). These Terms and
Conditions also apply to your purchase of credit reports and related services
offered by TransUnion Interactive Inc. ("TUI") as set forth in
Section 2 and 3 below.
The Website is intended for users who are eighteen (18) years of age or older.
MIS will only provide MIS Products and Services in the United States, or
territories where U.S. law applies ("Territory"). U.S. military and
support personnel stationed in foreign countries are eligible for these
services.
By using the Website, you represent and warrant to MIS that you are eighteen
(18) years of age or older and that you agree to abide by these Terms and
Conditions.
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Acts of Third Parties
MIS is not responsible for the failure of TUI or any other third party to
deliver to you credit reports, credit related services or any non-credit
services.
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Acknowledgement of Responsibility
Merchants Information Solutions (MIS) acknowledges to its customers that
MIS is responsible for the security of data (cardholder and credit bureau
provided) which MIS possesses, stores, transmits, or the extent that MIS could
impact the security of the customer's data environment with respect to
cardholder or credit bureau provided data.
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Applicability of Terms and Conditions to Orders for Credit Products and services
These Terms and Conditions are made between you and TUI, the providers of the
credit reports and related services (as defined in this Section 3 below) and
apply to all transactions involving the credit reports and related services
through the Website. By submitting your order, you acknowledge receipt of TUI
Privacy Notice, confirm your authorization for TUI to obtain your consumer
report ("Basic Report"), scores ("Scores") and other
enhancements to the Basic Report, and agree to these Terms and Conditions. For
purposes of these Terms and Conditions, the term "Credit Reports and
Services" includes the Basic Report, Scores and other enhancements to the
Basic Report and related services, individually or collectively, as the context
requires and as described in more detail in Section 3(b).
The Website is intended for users who are eighteen (18) years of age or older.
Credit Reports and Services are only available to residents of the United
States and its territories. TUI will only provide Credit Reports and Services
in conjunction with agencies and institutions in the United States, or
territories where U.S. law applies ("Territory"). By using the
Website, you represent and warrant that you are eighteen (18) years of age or
older, that you agree to abide by these Terms and Conditions and that you are a
resident of the United States.
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Description of Credit Reports and Services
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Credit Reports and Credit Scores are provided by TUI once you
successfully complete the authentication process. Credit Reports
and Scores can be accessed for up to 180 days after the delivery
date. Scores are calculated at the time the score is requested and
will change over time as information in your credit file changes.
There are many different scoring models in the marketplace and each
may have a different scale and use different factors. Additional
credit reports and scores can be purchased and will also be
available for access for up to 180 days.
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Credit Monitoring is provided by TUI once you successfully complete
the authentication process and will provide credit monitoring and
credit alerts in the event of changes to your credit file.
All Credit Reports and Services offered on this Website by TUI are
subject to these Terms and Conditions, which may be updated from time
to time. Please check this Website regularly for updates to these Terms
and Conditions.
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Use of the Credit Products and Services
In consideration of your use of the Credit Products and Services, you
agree to provide true, accurate and current information about yourself
as prompted by the application form. 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 TUI has reasonable grounds to suspect
that such information is untrue, inaccurate or not current, TUI, at
their sole discretion, has the right to suspend or terminate your use
of any Credit Products and Services and refuse all current or future
access to use of the Credit Products and Services or suspend or
terminate any portion thereof. Further, you agree that TUI will not be
liable to you or any third party if TUI suspends or terminates your
access to the Credit Products and Services for any reason.
TUI obtains credit information used to prepare Credit Reports from the
three national credit repositories (Equifax, Experian, TransUnion,
collectively, the "CRA Repositories"). The Credit Reports TUI
provides are intended to furnish you with information that you may not
otherwise have readily available to you, but should not be relied upon
for important personal and financial decisions. You should consult your
own professional adviser for specific advice tailored to your personal
situation.
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Authentication of Identity
If you order Credit Reports and Services from TUI, you will be required
to authenticate your identity prior to accessing those Credit Reports
and Services by correctly answering questions about your credit history
and other information unique to you.
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Benefit Period for Credit Reports and Services
Your benefits begin on the effective date stated in a written
confirmation of your order delivered to you by MIS. The term or
duration of Your benefit period, including, without limitation, any
renewal terms, if applicable, will be stated in a written confirmation
of your order delivered to you by MIS.
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Acceptance of Terms and Conditions
By using or visiting the Website you signify your agreement to be bound by
these Terms and Conditions, MIS' Privacy Policy, incorporated herein by
reference and available at
www.merchantsinfo.com, and all laws
and regulations applicable to the MIS Products and Services and information
offered by MIS, and, if you order Credit Reports and Services TUI, with all
laws and regulations applicable to the Credit Reports and Services, whether or
not you create an account, register as a member or purchase MIS Products and
Services and/or Credit Reports and Services. MIS may, in its sole discretion,
modify these Terms and Conditions from time to time and such modified Terms and
Conditions shall supersede any prior versions of the Terms and Conditions. Your
continued use of the Website and/or purchase of MIS Products and Services
constitutes your acceptance of such modifications and your subsequent use of
the Website and MIS Products and Services shall be governed by the latest
version of the Terms and Conditions. The Terms and Conditions are effective
until terminated by MIS. In the event of termination, the MIS Intellectual
Property, Disclaimer of Warranty; Limitations of Liability and Indemnification
provisions set forth in these Terms and Conditions shall survive.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS
OR USE THE WEBSITE OR ORDER OR USE ANY MIS PRODUCTS AND SERVICES OR CREDIT
REPORTS AND SERVICES.
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Limitations Related to Products and Services
Neither MIS or TUI shall be obligated or responsible for providing MIS Products
and Services or Credit Reports and Services for any request based on: (i) an
act of fraud, deceit, collusion, dishonesty or criminal act by you or any
person acting in concert with you; (ii) authorized charges that you have
disputed based on the quality of goods or services; (iii) authorized account
transactions or trades that you have disputed, or are disputing, based on the
execution (or non-execution) of electronic transfers, trades or other verbal or
written instructions or directions; (iv) losses, damages or expenses arising
out of any business pursuits; (v) losses, damages or expenses that were
incurred or commenced prior to the effective date of your MIS Products and
Services order confirmation or Credit Reports and Services; or (vi) theft, loss
or damage related to, without limitation, traveler's checks, tickets of any
kind, negotiable instruments, cash or its equivalent, passports, documents or
real property.
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MIS Product, Feature and Service Descriptions:
Please refer to the solution(s) offered by your sponsoring organization and to
the specific Summary of Benefits. You will receive a copy upon successfull
activation of your membership that references the products, features and
services included in your membership.
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When Your MIS Benefits Start
Your benefit period, including, without limitation, any renewal terms, if
applicable, will be stated in a written or electric confirmation of you order
delivered to you by MIS or your sponsoring organization.
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Product Fees and Payment
If you are paying for these benefits directly to the sponsoring organization
then the terms and conditions provided by the sponsoring organization will
apply. If you are paying for these benefits directly to MIS, then the
following terms will apply:
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Charges - Based on your authorization, payments will be deducted from the
credit or debit card you provided on a monthly or annual frequency in the
amount indicated. With sixty (60) days prior written notice to you at the
email address on file for you, MIS reserves the right to adjust the
pricing. You are under no obligation to continue the program (see
Cancellation below).
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Cancellation - If you wish to cancel the plan, please call the customer
service number shown below. If you are paying monthly, the plan will be
canceled at the end of the month in which the cancellation request is
received. You are responsible for making payment for the months during
which benefits are in effect. If you have paid on an annual basis, the
plan will be canceled at the end of the month in which the cancellation
request is received and we will refund any unused portion of the annual
payment.
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Lapse for Non-Payment - You may elect to pay for benefits on a monthly or
annual basis. If payment is not received on the due date for the benefit
period you have elected, a notice of cancellation ("Notice of
Cancellation") will be sent by email to the email address on file for
you each day for ten (10) days. If payment is not received within ten (10)
days after the initial Notice of Cancellation is sent, the plan will be
terminated, effective on the day of cancellation. If you, or an eligible
family member, is engaged in the recovery process an attempt will be made
to contact you by phone in addition to the email Notice of Cancellation.
Recovery and other MIS Products and Services will cease at the point at
which the plan is terminated for non-payment.
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Use of the Website and Products
You understand and agree that access to and use of the Website and MIS Products
and Services by you is subject to the following terms:
You agree to provide true, accurate, complete and current information to MIS
about yourself in the Website or for any MIS Products and Services. If MIS
determines or reasonably suspects that any information you provided to MIS is
false, incomplete or inaccurate, MIS may, in its sole discretion, suspend or
terminate your access to and use of the Website and the MIS Products and
Services and block all future access to and use of the Website and MIS Products
and Services. You further agree that MIS will not be liable to you, your family
members and any other person if MIS suspends or terminates your access to and
use of the Website and the MIS Products and Services;
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You agree not to copy, post, publish, broadcast, display, distribute or
otherwise make available the Website, in whole or in part, in any medium,
form or format, now known or later developed, without MIS' prior written
authorization;
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You agree that the Website and MIS Products and Services are provided
solely for your personal use;
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You agree not to alter, modify or reverse engineer or compile any part of
the Website, including, without limitation, MIS Products and Services,
software programs and applications provided through the Website;
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You agree not to sell access to the Website;
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You agree not to provide unauthorized access to the Website. Access to and
use of password protected and/or secure areas of the Website are restricted
to authorized users only. Unauthorized individuals attempting to access
these areas of the Website may be subject to prosecution.
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You agree not to access or attempt to access any portion of the Website to
which you have not been granted access, including, the private account
information of other users of the Website. Access to and use of password
protected and/or secure areas of the Website are restricted to authorized
users only. Unauthorized individuals attempting to access these areas of
the Website may be subject to prosecution;
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You agree not to use or launch any automated system, including, without
limitation, "robots," "spiders" or "offline
readers" that access the Website in a manner that sends more requests
to the Website servers in a given period of time than a human can
reasonably produce in the same period by using a conventional on-line
browser;
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You agree not to harvest or collect email addresses or other personal and
financial information of other users from the Website by electronic or
other means for the purposes of sending unsolicited communications or
improper or illegal activities;
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You agree not to use the Website in any manner that could damage, disable,
overburden or impair the Website;
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You agree not to upload, post, transmit, share or otherwise make available
material that is obscene, pornographic, offensive, discriminatory, false,
harmful, harassing, defamatory, libelous or violates the rights of any
third-party, including, without limitation, trade secret, patent,
copyright, trademark, privacy or publicity;
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You agree not to upload, post, transmit, share or otherwise make available
any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality
of any computer software, hardware or telecommunications equipment;
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You agree to use the Website in a manner that complies with all applicable
local, national and international laws and regulations.
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Modification of the Website and MIS Products and Services
MIS may at any time, in its sole discretion, with or without notice to you,
modify or discontinue providing the Website or any of the MIS Products and
Services or any portion thereof. You agree that MIS will not be liable to you
or any other person for any modification or discontinuance of the Website or
MIS Products and Services.
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Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE
AND MIS PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND MIS
PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS. MIS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES
AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NONINFRINGEMENT, THAT THE WEBSITE AND MIS PRODUCTS AND
SERVICES ARE FREE FROM BUGS, VIRUSES, HACKERS, UNINTERRUPTED OR ERROR-FREE, OR
THAT ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR MIS
PRODUCTS AND SERVICES WILL BE RELIABLE. THE INFORMATION CONTAINED IN THE
WEBSITE, THE MIS PRODUCTS AND SERVICES OR OTHER MATERIALS YOU MAY RECEIVE FROM
MIS DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. IN
CONNECTION WITH YOUR PURCHASE AND USE OF THE MIS PRODUCTS AND SERVICES, YOU ARE
EXPECTED TO TAKE REASONABLE PRECAUTIONS, INCLUDING, WITHOUT LIMITATION,
PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER
PERSONALLY IDENTIFYING INFORMATION. MIS PRODUCTS AND SERVICES DO NOT CONSTITUTE
A CONTRACT OF INSURANCE. MIS DOES NOT GUARANTEE THE ACCURACY OF LIEN, JUDGMENT,
INVESTMENT, OR CRIMINAL SEARCHES IT MAY PERFORM ON YOUR BEHALF. MIS ASSUMES NO
LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS, OR CONSEQUENTIAL
DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH ANY (I) ERRORS, MISTAKES,
OR INACCURACIES IN THE WEBSITE OR MIS PRODUCTS AND SERVICES, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM OR IN
CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE OR MIS PRODUCTS AND
SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE WEBSITE BY ANY PERSON OR ENTITY, AND/OR (VI) ANY ERRORS OR
OMISSIONS IN THE WEBSITE OR MIS PRODUCTS AND SERVICES OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, PRODUCTS OR
SERVICES OR ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE THROUGH THE WEBSITE OR THE MIS PRODUCTS AND SERVICES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MIS
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. MIS DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR
SERVICES ADVERTISED OR OFFERED BY ANY OTHER PERSON OR ENTITY, WHETHER OR NOT A
SUPPLIER, THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND SUPPLIERS OR
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
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MIS Intellectual Property
You acknowledge and agree that the Website and MIS Products and Services,
including, without limitation, formulae, specifications, pricing, content,
applications, trademarks, graphics, photographs, information, software,
including, without limitation, source and object code, scripts, promotions,
events, programs and interactive features provided by or for MIS, whether in
whole or in part, (individually and collectively, "MIS Intellectual
Property") is owned by and the exclusive property of MIS or its licensors,
subject to trademark, copyright patent, trade secret and other intellectual
property rights and laws. You further agree that you have no right, title or
interest in MIS Intellectual Property and that you shall not use any MIS
Intellectual Property without MIS' prior written consent. You hereby grant to
MIS a non-exclusive, perpetual, irrevocable, transferable, worldwide,
royalty-free, fully paid-up, right and license to use, copy, modify, transfer
and distribute your personal information to provide the MIS Products and
Services and in connection with MIS business operations.
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Indemnification
You agree to defend, indemnify and hold harmless MIS, its officers, directors,
members, managers, employees, agents, predecessors, successors, insurers, and
assigns for, from and against any and all claims, damages, obligations, losses,
liabilities, judgments, costs, penalties, fees, fines, interest, debt and
expenses (including, without limitation, attorneys' fees and expert witness
fees) arising from: (i) your use of and access to the Website and MIS Products
and Services; (ii) your violation of any provision of these Terms and
Conditions; and (iii) your violation of any law or other regulation or any
third-party right, including, without limitation, any trade secret, patent,
copyright, trademark, property, publicity or privacy right. This
indemnification obligation shall survive the termination of these Terms and
Conditions and the termination of your use of the Website and MIS Products and
Services.
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Miscellaneous
You agree that: (i) the Website and provision of MIS Products and Services
shall be deemed solely based in Arizona; and (ii) the Website shall be deemed
a passive website that does not give rise to personal jurisdiction over MIS,
either specific or general, in jurisdictions other than Arizona. These Terms
and Conditions shall be governed by and construed in accordance with the laws
of the State of Arizona, without regard to conflict of laws principles. MIS and
you agree that the state and federal courts located in Maricopa County, Arizona
shall have jurisdiction over any claim or dispute that arises from the Website
or MIS Products and Services and that venue in such courts is proper. MIS and
you further agree to waive any objection or defense to jurisdiction and venue
in the state and federal courts located in Maricopa County, Arizona. These
Terms and Conditions, together with MIS' Privacy Policy and any other legal
notices published by MIS on the Website shall constitute the entire agreement
between you and MIS. If any provision of these Terms and Conditions is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions, which shall remain
in full force and effect and MIS shall replace the invalid provision with a
substitute provision consistent with then-current law and the original intent
of the provision. The rights of MIS under these Terms and Conditions shall
inure to the benefit of MIS, its successors and assigns. No waiver of any
provision of these Terms and Conditions shall be deemed a further or continuing
waiver of such provision or any other provision. In the event of a conflict
between any other notice, policy, disclaimer or other term contained in the
Website, MIS Products and Services or otherwise, these Terms and Conditions
will control. The section headings are for convenience only and do not have any
force or effect. You and MIS agree that any cause of action arising out of or
related to the Website or MIS Products and Services must be commenced within
one (1) year after the cause of action accrues. MIS shall have the right to
seek temporary, preliminary and permanent injunctive relief, in addition to,
and not exclusive of, any and all other remedies available to MIS, against you
to protect MIS' rights under these Terms and Conditions. MIS shall be entitled
to seek an award against you of attorneys' fees, expert witness fees and costs
incurred by MIS in connection with any dispute arising from or in connection
with these Terms and Conditions.
