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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, Inc. (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.
