TransUnion Interactive is firmly committed to respecting the consumer's right to privacy and has created this privacy statement to demonstrate our commitment.
The Information We Collect from You
TransUnion Interactive allows you to access your credit-related information conveniently and affordably on-line. We collect your personal information only if you decide to purchase one of our products or services, participate in our affiliate program (such as accessing myTrueIdentity), subscribe to our emails or newsletter, or participate in one of our contests or surveys or transact other business with us. In order to process your transactions and provide you with quality customer service, we need your full name and current mailing address, your email address (so we can contact you) your Social Security number and certain other personal information, such as your date of birth, address information, employment information, and certain credit card and loan account information. We use such personal information to authenticate the credit card number and to confirm that the person requesting your credit-related information really is you and not an impostor or other person improperly seeking to access your information.
What Security Measures We Take
TransUnion Interactive takes precautions to secure your personal information. If and when we ask you to provide your personal information, we will do so through a Web page that uses the Secure Sockets Layer (SSL) protocol. This protocol provides security for your information by encrypting it as it travels from your computer to our computer. For security purposes we then move all of the personal information that we collect or obtain about you, including your credit report, to an environment on our proprietary network that has controls in place to limit access to and secure the data maintained therein. For more information about our security practices, please review our Security Policy at https://www.mytrueidentity.com/CreditView/support.page?tab=legal.
As a service to you, we may email you a receipt of your purchase. Some of our products and services may also include alert emails that are sent on a daily, weekly or monthly basis. These emails are part of the applicable products and services and cannot be disabled for persons who are receiving these products and services.
When you order or request a credit-related product or service from us, TransUnion Interactive must share some of your personal information with third parties in order to process your transaction. For example, TransUnion Interactive must share your name, address and social security number with one or more of the major credit reporting agencies in order to obtain your requested credit report. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.
TransUnion Interactive also may disclose your personal information to third parties in the good faith belief that such action is necessary in order to comply with, or be responsive to, legal process served on us (such as a subpoena), or if we believe such disclosure is necessary to protect and defend the rights, property or safety of TransUnion Interactive, our users or others. In addition, we may disclose your personal information to consultants, agents and advisors, such as attorneys and accountants, in the good faith belief that such disclosure is within the scope of their professional duties to TransUnion Interactive and with the understanding that such professionals will abide by our security and confidentiality policies.
The Collection of Anonymous Data
In order to enhance the usefulness of our site and our products and services, TransUnion Interactive will collect data about our customers' use of our site, in a manner that does not include any personally identifiable information. While you browse the site, we note which pages of our site you visit and note the IP address of your computer (as all Web sites do automatically), but we do not link that address information to your personal information. The general information we gather enables us to serve our customers better by continually enhancing our site based on up-to-date use patterns.
Information Regarding Your Use of Products and Services
We may use information about your use of products and services, such as your usage patterns, to customize your web site and/or customer service experience.
Updating Your Personal Information and Email Preferences
You can correct or update at any time the personal information that you provided and that we maintain on you by clicking on ’My Account” and selecting “My Information” from the menu. You can also correct or update at any time your email address, account password or security question by clicking on ’My Account” and selecting “My Settings.”
Notification of Changes to this Privacy Statement
TransUnion Interactive may amend this Privacy Statement at any time, but will notify users in advance of any material change, by posting a notice of the change in a prominent position on the home page of the site. If the amendment would permit us to share your personal information with third parties in a manner materially different than described in this Privacy Statement, unless required by law or court order or in order to safeguard the operations of our site or our customers, you will be given an opportunity to inform us that you do not consent to such sharing of your personal information.
If you would like at any time to review our then-current Privacy Statement, please visit https://www.mycreditview.com/CreditView/support.page#privacy.
Links to Other Web Sites
Policy Regarding Children
We define children as individuals under the age of 16. Our products and services are not intended for the use of children and we do not intend to collect information about children through our websites. You must be at least 18 to access any TransUnion Interactive products or services.
Terms and Conditions
THE TERMS AND CONDITIONS BELOW CONTAIN AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER.
Welcome to myTrueIdentity provided by TransUnion Interactive, Inc. myTrueIdentity is subject to your provider’s Online Terms and Conditions. In addition, by accessing and using myTrueIdentity 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 myTrueIdentity.
Eligibility and Availability
myTrueIdentity is offered to select accountholders only. To access myTrueIdentity, you must have already enrolled in your provider‘s online account management and accepted the online terms and conditions. myTrueIdentity is only available if we can match your personal information with your credit file. You will not have access to myTrueIdentity if you do not have access to your provider’s online account management. We may terminate access to myTrueIdentity 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 cancelation request. myTrueIdentity is only available in English at this time.
Registration and Accurate Information
If you choose to access myTrueIdentity, 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 myTrueIdentity 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 myTrueIdentity.
Consent to Obtain Credit Information and Other Information
In order to deliver myTrueIdentity to you, we must obtain your credit file and other information to provide you with the credit products and other products contained in myTrueIdentity, including the Identity Theft Products described below. You hereby authorize TransUnion Interactive, Inc. to access your credit file from the consumer reporting agencies, including TransUnion, Experian and Equifax, and to exchange certain information about you with third parties in order to (1) verify your identity and (2) provide you with myTrueIdentity and the products and services contained therein. Each time you access myTrueIdentity, you are providing “written instructions” as set forth in the Fair Credit Reporting Act for TransUnion Interactive to obtain your consumer credit report from consumer reporting agencies, including TransUnion, Experian and Equifax.
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 myTrueIdentity are for educational/informational purposes only and are not intended for use by lenders. myTrueIdentity 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. myTrueIdentity does not maintain your credit report information and is not able to make any changes to it. myTrueIdentity cannot initiate any disputes on your behalf. myTrueIdentity and TransUnion Interactive, Inc. are not responsible for inaccurate results, including any due to incorrect, incomplete, or outdated information in your credit report.
Credit Monitoring Only
myTrueIdentity 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. myTrueIdentity is not a credit repair tool and makes no representation or promise that it will improve your credit score, credit record, credit history or credit rating or provide you with any assistance in that regard.
Fraud Resolution Services
If you are a credit monitoring member, TransUnion Interactive will provide you with certain fraud resolution services (the “Fraud Resolution Services”) during the period that you are a member. TransUnion Interactive and its third party service providers are obligated only to provide services in the United States to members domiciled in the United States. The Fraud Resolution Services are provided by Trans Union, LLC, the parent of TransUnion Interactive, under an agreement with TransUnion Interactive.
In no event shall TransUnion Interactive or Trans Union, LLC be liable for consequential damages, for any delay in Fraud Resolution Services, or for loss of use of funds during the period that your service request is being processed. TransUnion Interactive and TransUnion, LLC shall not be obligated to provide Fraud Resolution Services, nor shall it be liable, if you have not provided complete, accurate and current information relating to your service request. TransUnion Interactive and Trans Union, LLC are not obligated or responsible for providing Fraud Resolution Services for any service request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed based on the quality of goods or services, (c) 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, (d) losses, damages or expenses arising out of any business pursuits, (e) any losses, damages or expenses that were incurred or commenced prior to your credit monitoring membership commencement, and (f) theft or damages of traveler’s checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.
Identity Theft Products
In order to provide the Identity Theft Products to you, TransUnion Interactive may have to exchange certain information about you with third parties in order to provide the products. The Identity Theft Products include the following products:
- Social Security Number Trace, which provides you with a report of names, aliases and addresses associated with your social security number, and notifies you if a new one is added.
- Child ID Theft Inquiry, which checks and notifies when fraudulent names, aliases and addresses become associated with the SSN of a minor.
- Court Records Monitoring, which tracks municipal court systems and alerts you if a criminal act is committed under your name.
- Payday Loan Alerts, which reports and monitors check cashing, non-traditional and other short term loans taken out under your identity.
- Internet Watch (CyberAgent), which monitors potential criminal selling and trading of personal information on the Internet to detect and alert you if your identity is found to be exposed or compromised.
- Neighborhood Watch (Sex Offender), which informs you of registered sex offenders living in your area.
- Address Tracker (Change of Address), which reports your changes of address made with the U.S. Postal Service.
- Banking Account Takeover Monitoring, which notifies you when your personal information has been used to apply for or open a new bank account; or if changes have been made to your existing bank account.
Identity Theft Insurance
The identity theft insurance benefit for myTrueIdentity members is underwritten and administered by insurance company subsidiaries or affiliates of American International Group, Inc. (collectively referred to as, "AIG") under a master group policy issued to TransUnion Interactive for the benefit of myTrueIdentity members. A summary of the terms of coverage are set forth in the Insurance Benefits viewable on the ID Theft Insurance subtab under the Identity Protection tab. The complete policy is available from TransUnion Interactive on request. AIG administers all claims and TransUnion Interactive shall have no responsibility with respect to such identify theft benefit.
ID Restoration allows us to work on your behalf and provide our full line of restoration services, and to outline a restoration plan with you. TransUnion Interactive may have to exchange certain information about you with third parties in order to provide the ID Restoration services to you.
In the event you select a product that includes Credit Lock, you acknowledge that some of the features of Credit Lock may be available to you under the laws of certain states. In the event you cancel any subscription that includes Credit Lock as a benefit you will cease receiving Credit Lock upon cancellation.
You acknowledge that Credit Lock will only prevent delivery of your TransUnion credit report. It will not apply to your Equifax or Experian credit report. Remember that while a credit lock prevents most third party access to your credit report, a third party may access a locked report in certain instances that are considered a low risk for identity theft, such as official government investigations, collection activities and insurance underwriting and claims administration.
Your membership in myTrueIdentity includes access to the Dashlane password management product to keep track of your passwords, which may require TransUnion Interactive to exchange certain information about you in order to provide the Dashlane product. By using the Dashlane product, you agree to the Dashlane Terms of Service, which can be found here: https://www.dashlane.com/terms
You agree to receive in electronic form these Terms and Conditions and all other communications regarding myTrueIdentity. As part of the myTrueIdentity 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 myTrueIdentity.
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 myTrueIdentity 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 myTrueIdentity, TransUnion Interactive owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from myTrueIdentity 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
MYTRUEIDENTITY, INCLUDING ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH MYTRUEIDENTITY, 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 MYTRUEIDENTITY, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO MYTRUEIDENTITY, PRODUCTS OR SERVICES OR THAT MYTRUEIDENTITY, 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 MYTRUEIDENTITY, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING MYTRUEIDENTITY, 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 MYTRUEIDENTITY, 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.
TRANSUNION INTERACTIVE AND TRANSUNION EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, MYTRUEIDENTITY OR FRAUD RESOLUTION SERVICES HEREUNDER. TRANSUNION INTERACTIVE AND TRANSUNION DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. TRANSUNION INTERACTIVE AND TRANSUNION DO NOT WARRANT THAT ANY MYTRUEIDENTITY OR FRAUD RESOLUTION SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE NON-INFRINGING, THAT THEY WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. TRANSUNION INTERACTIVE AND TRANSUNION’S LIABILITY IS LIMITED TO THE SERVICES EXPLICITLY SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS). IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION BE LIABLE FOR ANY LOSS ARISING OUT OF TRANSUNION INTERACTIVE OR TRANSUNION’S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICE. IN NO EVENT SHALL TRANSUNION BE LIABLE FOR ANY DELAY IN PROVIDING SERVICES, OR DAMAGES RESULTING FROM ANY DELAY IN SERVICES. IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN.
You agree to release, discharge and hold TransUnion Interactive and myTrueIdentity harmless from any and all claims, losses, damages, obligations, or liabilities, directly or indirectly relating from your use of the myTrueIdentity. In no event shall TransUnion Interactive or myTrueIdentity be liable for any direct, incidental, special, punitive or consequential damages however caused arising out of your use, or inability to use, the myTrueIdentity.
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 myTrueIdentity from outside the United States, you do so at your own risk and at your own initiative, and you 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. myTrueIdentity is not intended for the use of children and we do not intend to collect information about children through myTrueIdentity. Furthermore, you must be at least 18 years old to access myTrueIdentity.
You should send any notices or other communications regarding myTrueIdentity, including products or services accessed through myTrueIdentity, 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 MYTRUEIDENTITY, 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 myTrueIdentity.”
In consideration for our willingness to provide you with access to myTrueIdentity or any services or products accessed through myTrueIdentity, 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 myTrueIdentity, your access or use of any product or service accessed through myTrueIdentity, 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.p>
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 ACCESS TO AND USE OF MYTRUEIDENTITY 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 REPRESENTIVE 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.