Terms and Conditions
THE TERMS AND CONDITIONS BELOW CONTAIN AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER.
Welcome to CreditView Dashboard (here on referred to as CreditView), provided by TransUnion Interactive, Inc. CreditView is subject to your provider’s Online Terms and Conditions. In addition, by accessing and using CreditView, you agree to be bound by the below Terms and Conditions. YOU MUST ACCEPT THE TERMS AND CONDITIONS BELOW BEFORE YOU WILL BE PERMITTED ACCESS TO CREDITVIEW.
Eligibility and Availability
CreditView is offered to select account holders only. To access CreditView, you must have already enrolled in your provider's online account management and accepted the online terms and conditions. CreditView is only available if we can match your personal information with your credit file. You will not have access to CreditView if you do not have access to your provider’s online account management. We may terminate access to CreditView for any reason and without notice. You may ask to cancel your enrollment at any time and it may take up to 60 days to process your cancellation request. CreditView is only available in English at this time.
Registration and Accurate Information
If you chose to access CreditView, you will be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify TransUnion Interactive promptly of any unauthorized use of CreditView and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your right to access CreditView.
Consent to Obtain Credit Information
In order to deliver CreditView to you, we must obtain your credit file and other information. You hereby authorize TransUnion Interactive, Inc. to access your credit file from TransUnion and exchange certain information about you in order to verify your identity and provide you CreditView. Each time you access CreditView, you are providing “written instructions” as set forth in the Fair Credit Reporting Act for TransUnion Interactive to obtain your consumer credit report from TransUnion, a consumer reporting agency.
TransUnion Credit Score
The credit score provided is your VantageScore® Credit Score, which is a model created by the three major credit bureaus, Equifax, Experian and TransUnion. VantageScore® Credit Score predicts credit risk. Specifically, it measures the probability that a person will pay his or her debts on time. There are many different credit scores in the marketplace based on different models with different scoring ranges. The scores provided by CreditView are for educational/informational purposes only and are not intended for use by lenders. CreditView can only evaluate the account information that appears on your TransUnion consumer credit report. Accounts not reported to or subsequently deleted from your TransUnion consumer credit report will not be reflected in your score. CreditView does not maintain your credit report information and is not able to make any changes to it. CreditView cannot initiate any disputes on your behalf. CreditView and TransUnion Interactive, Inc. are not responsible for inaccurate results, including any due to incorrect, incomplete, or outdated information in your credit report.
CreditView has a credit score simulator that estimates how certain changes in your credit behavior may impact your credit score. This simulator shows how these changes impact the credit score displayed on CreditView, which is the VantageScore® credit score. Simulated scores and score changes simulated by CreditView are only predicated estimates. CreditView and TransUnion Interactive do not guarantee that your actual credit score will change by the same amount, in the same way, or at all.
Credit Monitoring Only
CreditView and TransUnion Interactive are not credit repair or credit counseling organizations or similarly regulated organizations under other applicable law, and do not provide credit repair advice. CreditView is not a credit repair tool and makes no representation or promise that it will improve your credit record, credit history or credit rating or provide you with any assistance in that regard.
You agree to receive in electronic form these Terms and Conditions and all other communications regarding CreditView. As part of the CreditView service, we may send you alerts by email, text message, telephone, or mail. You consent to receive these communications. You can withdraw your consent only by cancelling your enrollment in CreditView.
Right To Receive A Free Credit Report From AnnualCreditReport.com
Under the Fair Credit Reporting Act, you are entitled to receive a free disclosure of your credit report from each of the national credit reporting agencies annually. For more information visit AnnualCreditReport.com.
The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed on CreditView are the property of TransUnion Interactive or its licensors and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Content within CreditView, TransUnion Interactive owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from CreditView for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TransUnion Interactive or the owner of the Content.
DISCLAIMER OF WARRANTIES AND LIABILITIES
CREDITVIEW, INCLUDING ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH CREDITVIEW, IS PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TRANSUNION INTERACTIVE NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH CREDITVIEW, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO CREDITVIEW, PRODUCTS OR SERVICES OR THAT CREDITVIEW, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TRANSUNION INTERACTIVE AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF CREDITVIEW, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING CREDITVIEW, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TRANSUNION INTERACTIVE NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO CREDITVIEW, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
You agree to release, discharge and hold CreditView harmless from any and all claims, losses, damages, obligations, or liabilities, directly or indirectly relating from your use of the CreditView Dashboard. In no event shall CreditView be liable for any direct, incidental, special, punitive or consequential damages however caused arising out of your use, or inability to use, the CreditView Dashboard.
The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Delaware, USA, and applicable federal law, without regard to any conflict of law provisions. TransUnion Interactive can provide credit information only for individuals who have established credit in the United States. If you choose to access CreditView from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TransUnion Interactive's provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts of New Castle County, Delaware, USA.
Policy Regarding Children
We define children as individuals under the age of 16. CreditView is not intended for the use of children and we do not intend to collect information about children through CreditView. Furthermore, you must be at least 18 years old to access CreditView.
You should send any notices or other communications regarding CreditView, including products or services accessed through CreditView, to TransUnion Interactive, 100 Cross Street, Suite 202, San Luis Obispo, CA 93401.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your personal information, please go to “My Account” and then to “My Information.”
AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION
THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) THAT MAY ARISE AS A RESULT OF YOUR ACCESS TO AND USE OF CREDITVIEW, YOUR USE OF THE PRODUCTS OR SERVICES ACCESSED BY CREDIT VIEW, AND/OR THESE TERMS AND CONDITIONS. READ THIS SECTION CAREFULLY. YOU UNDERSTAND AND AGREE THAT BOTH PARTIES WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT BOTH PARTIES BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL.
RIGHT TO REJECT ARBITRATION
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. You must notify us in writing within sixty (60) days after the date you click-on to “Accept” the Terms and Conditions. You must send your request to: TransUnion Interactive, 100 Cross Street, Suite 202, San Luis Obispo, CA 93401. This request must include your current username and a clear statement of your intent, such as “I reject the arbitration agreement in the Terms and Conditions of CreditView.”
In consideration for our willingness to provide you with access to CreditView or any services or products accessed through CreditView, you and we agree as follows:
You agree that any dispute, claim or controversy (“Claim”) between you and TransUnion Interactive or its parent, TransUnion, our agents, contractors, employees, officers or assignees, arising out of or relating in any way to your access to and use of CreditView, your access or use of any product or service accessed through CreditView, and these Terms and conditions, including, without limitation, tort and contract claims, claims based on any federal, state or local statute, law or regulation and the issue of arbitrability must be resolved exclusively by binding arbitration, except for the validity, scope or enforceability of this Arbitration Agreement. However, we will not demand arbitration pursuant to this Arbitration Agreement in connection with any individual Claim that you properly file and pursue in a small-claims court of your state or municipality, so long as the Claim is pending only in that court.
YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes.
A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above.
You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Similarly, before TransUnion Interactive takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or TransUnion Interactive is notified by the other of a dispute, either party may then contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s arbitration rules and its fees are available from the AAA on the Internet at http://www.adr.org.
The cost of any arbitration proceeding shall be divided as follows:
- If you initiate arbitration, you will be responsible for paying one half of the filing fee, or $125.00, whichever is less, when the demand for arbitration is made.
- If we initiate arbitration, we will be responsible for paying all arbitration costs.
- Regardless of who initiates the arbitration, you will not be responsible for any arbitration fees that exceed one half of the filing fee, or $125.00, whichever is less, or the fees that you would have incurred if the Claim had been brought in court. Notwithstanding the foregoing, if you believe the cost of arbitration may be too burdensome, you may seek a waiver of the filing fee under the applicable arbitration rules. If you seek, but not qualify for such waiver, we will consider a written request from you to advance all or part of the filing fee.
The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures (additional charges may apply for these procedures). Any arbitration proceeding will take place at a location within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location.
The arbitrator will be required to follow relevant law and applicable judicial precedent to arrive at a decision and shall be empowered to grant whatever relief would be available in court. Where authorized by applicable law, the arbitrator’s award may include attorneys’ fees and other expenses. You understand and agree that you and TransUnion Interactive are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings hereunder shall be governed by and enforceable under the Federal Arbitration Act (“FAA”), 9 U.S.C. §§1-16.
Any party to the arbitration proceeding may enter judgment upon the arbitration award in any court having jurisdiction over the arbitration award and may have that judgment enforced by any court having jurisdiction over that judgment. If this Arbitration Agreement is held to be invalid or otherwise unenforceable for any reason, it will be severed from the Agreement and the parties agree that exclusive jurisdiction and venue for any claims will be within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location.
BECAUSE YOUR ACESS TO AND USE OF CREDITVIEW REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The arbitrator’s decision shall become final and binding after 30 days unless a party to the arbitration takes an appeal from the decision by making a written request to AAA. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration, and will make decisions based on the vote of the majority. We will advance any fees and costs required by AAA to commence any appeal. The appeal panel’s decision shall be final and binding.
In the event of a conflict between the applicable arbitration rules and this Arbitration Agreement, this Arbitration Agreement shall govern. To the extent that the class action and collective action waivers contained herein are rendered invalid or unenforceable by applicable law as to any Claims, this Arbitration Agreement shall not apply to such Claims and thus we may elect to proceed exclusively in court. If any other provision of this Arbitration Agreement should be found invalid or unenforceable, such a determination shall not affect the enforceability of the remaining provisions, which shall remain and continue in full force and effect.