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Terms and Conditions

Please read the terms and conditions carefully. Please call Merchants Information Solutions, Inc. ("MIS" "our") Customer Service at the telephone number listed at the end of these Terms and Conditions if you have any questions.

  1. Eligibility

    These Terms and Conditions ("Terms and Conditions") apply to all transactions between you 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 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 conjunction with agencies and institutions 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 that you are eighteen (18) years of age or older and that you agree to abide by these Terms and Conditions.

    MIS Credit Products and Services, as defined in Section 2 below, are only available to residents of the United States and its territories.

  2. Credit Products and services
    1. Applicability of Terms and Conditions to Orders for Credit Products and Services

      These Terms and Conditions are made between you and TransUnion Interactive Inc. ("TUI"), the providers of the credit reports and related services (as defined in this Section 2 below) and apply to all transactions involving the credit reports and related services through the Website. By submitting your order, you acknowledge receipt of TransUnion Interactive Inc. ("TUI") Privacy Notice, confirm your authorization for TransUnion Interactive Inc. ("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 2(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. TransUnion Interactive Inc. ("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.

    2. Description of Credit Reports and Services
      1. Credit Reports and Credit Scores are provided annually by TransUnion Interactive Inc. ("TUI") once you successfully complete the authentication process. Credit Reports and Credit 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.
      2. Credit Monitoring is provided by TransUnion Interactive Inc. ("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 TransUnion Interactive Inc. ("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.

    3. 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 TransUnion Interactive Inc. ("TUI") has reasonable grounds to suspect that such information is untrue, inaccurate or not current, TransUnion Interactive Inc. ("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 TransUnion Interactive Inc. ("TUI") will not be liable to you or any third party if TransUnion Interactive Inc. ("TUI") suspends or terminates your access to the Credit Products and Services for any reason.

      TransUnion Interactive Inc. ("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 TransUnion Interactive Inc. ("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.

    4. Authentication of Identity

      If you order Credit Reports and Services from TransUnion Interactive Inc. ("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.

    5. 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 TransUnion Interactive Inc. ("TUI"). 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 TransUnion Interactive Inc. ("TUI").

  3. Hardware/Software Requirements

    As an online customer, you are agreeing to receive all notifications via email at the email address you provided to MIS upon enrollment or purchase of the MIS Products and Services and/or to TransUnion Interactive Inc. ("TUI") upon enrollment or purchase of the Credit Products and Services. To ensure receipt of all notifications, you must timely update any change to your email address on file with MIS.

    This Website was designed specifically to be compatible with the Chrome®, Safari®, Firefox® and Internet Explorer® 8.0 (and later version) browsers. Use of this Website using other browsers such as Internet Explorer® 7.0 or lower, Mozilla, etc., may produce irregularities that may result in a less than optimal user experience. MIS strongly suggests that you upgrade your browsers to Internet Explorer® 7.0 or 8.0 for maximum performance and user experience. In addition to the above-recommended browsers, MIS may utilize other browser plug-ins to maximize your user experience. These plug-ins are Microsoft® Silverlight™, and Adobe® Flash™. During your visit to our Website, you may be asked to download one or both of these plug-ins. If you decline to install the suggested plug-ins, your user experience may not be optimal, or as designed.

  4. 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 from TransUnion Interactive Inc. ("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.

  5. Description of Products and Related Services

    Neither MIS, TransUnion Interactive Inc. ("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 TransUnion Interactive Inc. ("TUI") 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.

  6. What is a stolen identity event?

    A stolen identity event is the theft of your personal identification, social security number, or other method of identifying you, including any personal information not generally available to the public, which has resulted or could reasonably be said to result, in the wrongful use of such information, including, without limitation, stolen identity events occurring on or arising out of your use of the Internet.

  7. Authentication of Identity

    If your benefits include Credit Reports and Services ordered from TransUnion Interactive Inc. ("TUI") or certain MIS Products and Services, you will be required to authenticate your identity prior to accessing those Credit Reports and Services and certain MIS Products and Services by correctly answering questions about your credit history and other information unique to you.

  8. MIS Product, Feature and Service Descriptions:

    All Products, Features and Services referenced below may not be included in your membership options. Please refer to the solution(s) offered by your sponsoring organization and to the specific Summary of Benefits. You will receive a copy upon successful activation of your membership that references the products, features and services included in your membership.

    1. Recovery Services are provided by MIS, who screens and hires all of the recovery advocates ("Recovery Advocates") who serve in the Identity Theft Recovery Unit. Eligibility for recovery services is based on identity theft events that are discovered and reported to MIS during the eligibility period, which begins on the effective date shown on your Welcome Letter. If you were the subject of a stolen identity event prior to the effective date of your enrollment for recovery services, you are not eligible to purchase the recovery services MIS Products and Services offered by MIS. If you are coping with a known identity theft event at the time of enrollment, you may call MIS' Customer Service department to receive a quote on recovery services appropriate for your situation. Businesses are not eligible for recovery services benefits. MIS does not provide credit counseling or repair to credit that legitimately belongs to the primary member, their spouse or domestic partner. The successful completion of the recovery services described herein depends on the cooperation of the member. MIS reserves the right to refuse or terminate MIS Products and Services if it is deemed that the member is committing fraud or other illegal acts, making untrue statements, or failing to perform his/her portion of the recovery plan. MIS will not refuse or terminate services based solely on the complexity of the case.
    2. Reimbursement Plan (if applicable and if included in your specific plan) is provided by a leading insurance company in the United States. Refer to the Summary of Benefits for the plan you have purchased for specific coverage amounts, exclusions and other terms.
    3. Internet Identity Monitoring (if applicable and if included in your specific plan) monitors social medial and black market Internet sites, criminal chat rooms and other high risk Internet sites where your personal information may be offered for sale to identity thieves. The service uses highly sophisticated search and data gathering technology to harvest suspicious information stored or displayed on these sites. It is then matched against your personal information and other credentials provided by you utilizing a combination of human intelligence and highly effective data matching algorithms. Alerts are sent to you by email or text message whenever your information is found to be at risk on the Internet.
    4. Credential Vault (if applicable and if included in your specific plan) provides a means for you to record and access important information about your credit and debit cards, bank accounts and other critical documents and information.
    5. Lost Document Replacement Service (if applicable and if included in your specific plan) provides assistance to you by a Recovery Advocate to cancel or replace lost documents such as credit cards, debit cards, licenses, passports and other government issued documents.
    6. SMS Text Alerts (SMS Text Alerts is a feature you can elect to activate during the enrollment process) provide the ability to receive critical Identity Alerts via a text message to your cell phone
    7. Score Tracker (if applicable and if included in your specific plan) provides the ability to track your credit score over time to see how your score changes. Receive monthly email alerts notifying you that a new score is available to view.
    8. Name and Address Identity Monitoring (if applicable and if included in your specific plan) monitors millions of public and private database records to identify possible instances of fraud and will alert you of changes which may indicate an identity thief is using your information.
    9. Court Records Monitoring (if applicable and if included in your specific plan) monitors millions of criminal and civil records and alerts you by email or SMS Text if a record is found that contain your personal information.
    10. Child Monitoring (if applicable and if included in your specific plan) If your identity theft membership includes the Child Monitoring service (monitoring for evidence of identity theft of a minor), in addition to all other provisions in these Terms, the following provisions apply specifically to the Child Monitoring service). By enrolling a child in child monitoring, You represent and affirm that (a) you are the custodial parent or legal guardian of each child you register for minor monitoring, (b) any documentation that you provide asserting the same is valid, (c) each child that you register for child monitoring legally resides at your address of record, and (d) that as required, you are able and willing to provide a copy of (i) your valid driver's license, (ii) your child's Social Security card, (iii) your child's birth certificate, and (iv) any other documentation required to verify proof of legal guardianship. You agree to notify us in the event that the status of your legal guardianship changes; we reserve the right to cancel each child upon such status change. You must remain an active member in a qualified Service that includes the child monitoring service in order to continue to receive the subsequent child monitoring alerts/notifications.
  9. When Your MIS Products and Services Benefits Start

    Your benefits begin on the effective date stated in a written confirmation of your order delivered to you by MIS.

  10. When Your MIS Products and Services Benefits End

    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.

  11. Who is Covered for 3G (3 Generation) Recovery Services

    The 3G Recovery component refers to the recovery services only. Your membership may not include the 3G service. Please refer to the membership options offered by your sponsoring organization and the specific Summary of Benefits included with your membership for details. If your plan includes 3G Recovery, the following definition applies: a qualifying family member shall mean your spouse or domestic partner, your dependents under the age of twenty-five (25) who have the same permanent address as you, any handicapped adult living in your household and requires assistance from your family to manage their affairs, and parents of your or your spouse or domestic partner with the same permanent address, or who are registered in a senior assisted living facility, skilled nursing home, hospice. All 3G Family members are eligible for services up to twelve (12) months after death. If you request enrollment of a child, you will be required to verify your status as the child's parent or guardian by providing documents reasonably requested by MIS, including, without limitation, the child's Social Security card and birth certificate, valid proof of your identification and proof of your residence.

  12. Submitting a Claim for Reimbursement

    In the event that you incur covered expenses as part of an identity theft event, your Recovery Advocates will provide initial contact information to the insurance carriers that provide the reimbursement plan, if applicable. You will be mailed an insurance company claim package. For a detailed description of expenses eligible for reimbursement, see the description of the reimbursement plan delivered to you by MIS upon successful activation of your membership. (Your membership may not include the expense reimbursement component so please refer to the membership options offered by your sponsoring organization and the specific description of benefits included with your membership for details).

  13. Product Fees and Payment

    If you are paying for these benefits directly to MIS, then the following terms will apply:

    1. Charges - (if applicable) Based on your authorization, payments will be processed according to your elected payment method and the elected payment schedule you selected during the enrollment. If you selected an annual membership and payment option, your membership will be automatically renewed on the anniversary of your enrollment date and payment will be automatically processed using your payment method elected during enrollment. With sixty (60) days prior written notice to you at the email address on file for the primary member, MIS reserves the right to adjust the pricing. You are under no obligation to continue the program (see Cancellation below).
    2. Cancellation - If you wish to cancel your plan, please call the customer service number shown below or login into your Identity Care Account, My Profile section and select "Cancel Membership" option, if applicable to your specific plan (some plans require that you call the customer service number to cancel) If you are paying monthly, your plan will be canceled at the end of the month in which the cancellation request is received. If you selected to pay on a billing schedule other than monthly, your 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 pre-discount monthly payment. You are responsible for making payment for the months during which benefits are in effect.
    3. Lapse for Non-Payment - If payment is not received on the due date for the benefit period you elected, a notice of cancellation ("Notice of Cancellation") will be sent by email to the email address on file for the member 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 last day of the month for which payment has been made. If the member, or a qualifying family member, is engaged in the recovery services an attempt may be made to contact you or your family member by phone in addition to the email Notice of Cancellation. MIS reserves the right to cease Recovery, Products and Services at the point at which the plan is terminated for non-payment.
  14. Use of the Website and Products

    You understand and agree that your access to and use of the Website and MIS Products and Services is subject to the following terms:

    1. You agree to provide true, accurate, complete and current information to MIS about yourself and any minor children you are enrolling or have enrolled in the Website or 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 minor children or any other person if MIS suspends or terminates your access to and use of the Website and the MIS Products and Services;
    2. 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;
    3. You agree that the Website and MIS Products and Services are provided solely for your personal use;
    4. 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;
    5. You agree not to sell access to the Website;
    6. 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.
    7. 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;
    8. 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 online browser;
    9. 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;
    10. You agree not to use the Website in any manner that could damage, disable, overburden or impair the Website;
    11. 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;
    12. 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;
    13. You understand and agree that by purchasing the MIS Products and Services you are providing "written instructions" in accordance with the Fair Credit Reporting Act, as amended from time to time ("FCRA"), for MIS to access and obtain your personal credit information, and the personal credit information of any minor(s) you have enrolled, from any or all of the credit reporting companies for the purpose of verifying your and any enrolled minor(s)' identity and to provide the MIS Products and Services and any services or functions related thereto and MIS' business; and
    14. You agree to use the Website in a manner that complies with all applicable local, national and international laws and regulations.
  15. 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, any minors enrolled in the Website or MIS Products and Services or any other person for any modification or discontinuance of the Website or MIS Products and Services.

  16. 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.

  17. Use of the Website and Products

    The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.

    The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:

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

    The FCRA allows consumers to get one (1) free comprehensive disclosure of all of the information in their credit file from each of the three (3) national credit reporting companies (Experian, Equifax, and TransUnion) once every twelve (12) months through a central source. Georgia residents can receive two (2) disclosures per year. Although comprehensive, the credit reports from each of the three (3) national credit reporting companies that are available from MIS may not have the same information as a credit report obtained directly from the three (3) national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. MIS' Products are not related to the free FCRA disclosure that you are or may be entitled to.

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

    The credit reports you are requesting from MIS, TransUnion Interactive Inc. ("TUI") are not intended to constitute the disclosure of the credit reporting company's information required by the FCRA or similar state laws. The credit reporting company's disclosure report must be obtained directly from the credit reporting company by contacting the credit reporting company as show below:

    Equifax: 1-800-525-6285 www.equifax.com
    Experian: 1-888-397-3742 www.experian.com/fraud
    TransUnion: 1-800-680-7289 www.transunion.com

  18. 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.

  19. 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.

  20. 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.

  21. Service Provider Acknowledgment

    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.

Contact Usdouble-bars

If you have any questions about the Products you may call or email:
Merchants Information Solutions, Inc. Customer Service
Phone - 1.866.SMART68 (1.866.762.7868)
Email - Customercare@merchantsinfo.com