Last Revised: September 2018
- PROVIDERS OF PRODUCTS. The personal products and product features (“Personal Product" or "Personal Products") available via this Site are provided by Equifax Consumer Services LLC. ("Equifax"). Equifax Canada Co. (“ECC”) is an Equifax Affiliate and a registered Canadian credit bureau that is responsible for the contents of Canadian consumer credit files that We use to deliver Personal Products, including credit reports and credit scores. We may also partner with other companies ("Suppliers") or affiliates (“Equifax Affiliates”) to provide Personal Products to you or sell you a Personal Product provided by a Supplier or Equifax Affiliate. Equifax is referred to in this Agreement as "We," "Us," and "Our." You, the Person visiting and utilizing this Site, are referred to as "You", “Your” or the “Member”.
- GOVERNING LAW. If any term or condition in this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the terms and conditions and shall not affect the validity and enforceability of any remaining provisions of the Agreement. The terms, exclusions and conditions of the written contracts relating to Personal Products mentioned on this Site may not be fully described on the Site or in this Agreement. Their interpretation may be governed by the terms and conditions of the written contract You enter with Us, and by any applicable laws and regulations. This Agreement is made and will be interpreted under Ontario law, and you submit to the exclusive jurisdiction of Ontario courts located in Toronto.
- REGISTRATION; USE OF PRODUCTS. In order to purchase Personal Products, You must complete the registration process and become a Member. You will also be required to provide valid credit card information, unless You are activating a promotional code. You may register to purchase Personal Products from this Site only on behalf of Yourself. By registering, You further certify that You are eighteen (18) years or older and that all of the information provided incident to Your registration is true, accurate, complete and up to date. You further agree to abide by all of the terms and conditions concerning Your use of the Personal Products, including any specific terms and conditions relating to particular Personal Products that You purchase. We provide Personal Products and related information solely to assist You in understanding Your financial and credit status for Your personal benefit and You agree that You will not use the Personal Products for any other purpose, especially a commercial purpose. You must also establish a user identification ("User ID"), password and personal identification number ("PIN") and You agree to keep them strictly confidential and not to share them with others.
- YOUR RIGHT TO OBTAIN A CREDIT REPORT FREE OF CHARGE. None of Our Personal Products are intended to substitute, or constitute an offer for any free credit report or similar consumer disclosure that may be available to You without cost or obligation under applicable law from ECC.
- CREDIT SCORES. Unless otherwise indicated, all credit scores furnished with Our Personal Products are Equifax Credit Scores. By this, We mean that the credit scores are prepared using credit file information and a proprietary credit score model, the Equifax Risk Score, received from ECC. Although the Equifax Risk Score is sometimes used by lenders, it is possible that Your particular lender may use a different credit score. When prepared and delivered to You as part of any Personal Product, The Equifax Credit Score is provided solely to help You understand how lenders may evaluate Your overall credit risk. Therefore, nothing in any of Our Personal Products is an endorsement or a determination of a person's qualification for a loan, or any other extension of credit. Each lender has specific underwriting standards, so You should not assume that You will receive the same evaluation, credit terms or conditions. Neither Equifax nor ECC represent that the Equifax Credit Score is identical or similar to any other credit score or score model. Moreover, any estimated score changes predicted by Our Personal Products are only estimates and are provided for educational purposes solely to enable You to determine how future financial decisions (e.g., obtaining a new car loan or mortgage) might impact your credit score. In all instances, the information used to calculate Your Equifax Credit Score is derived from one or more credit reports produced by ECC or one of the other national credit reporting bureaus. The consumer credit information contained in these credit reports reflects the latest information provided to the pertinent credit reporting agency. Recent activity may not yet be reflected in Your credit report. If not, this activity will not be reflected in Your Equifax Credit Score. In addition, Your Equifax Credit Score may change every time new information is added to or removed from a credit report as well as with the passage of time.
- MEMBERSHIP; PAYMENT AUTHORIZATION. With the exception of Our Report Products, all of Our Personal Products require that You establish a continuing membership. This form of membership is sometimes referred to as a "continuity plan." While the initial term of membership associated with Our Personal Products varies, most memberships are effective for: (a) under the monthly plan, a period of one (1) month following Your initial enrollment date, or (b) under the annual plan, a period of twelve (12) months following Your initial enrollment date. In each case, Your initial membership term will be clearly defined in the Offer Details and Your purchase confirmation. Once established, all memberships (regardless of duration) automatically renew indefinitely without further action by You, and the applicable membership fee is automatically charged to You at the time of renewal in accordance with the payment terms to which You agreed. We reserve the right to increase or decrease the membership fee associated with Your Personal Product from time to time with or without notice and You agree that unless You cancel Your membership prior to the effective date of any such fee increase, You will be charged the new membership fee.
- FEES AND CHARGES; PAYMENT SOURCE. By placing Your Personal Product order, You authorize Us to charge Your credit card or other account that You have designated for such purpose ("Payment Source"). In the case of Personal Products other than Report Products, You further authorize Us to keep your membership current by automatically charging Your designated Payment Source for the then current fees associated with the monthly, annual or other periodic renewal term established at the time of Your initial enrollment. Except in the case of Report Products, Your membership will continue or renew automatically and You will be charged the then current membership fee associated with Your Personal Product until You cancel. You agree to pay for the Personal Products, in Canadian dollars, using the Payment Source provided at the time of registration. In addition, you authorize Us to attempt to automatically update Your Payment Source if the information We have on file is no longer valid, and if We are successful in obtaining updated credit or debit card information, We will update Your records accordingly and charge any updated Payment Source using the updated information. In the event that We are unable to charge and/or update Your Payment Source, We may suspend access to Your Personal Product and if You fail to provide Us with a valid Payment Source, Your Personal Product will be subject to termination with or without notice. We are not responsible for any overdraft/over-the-limit charges or bank fees triggered by Your order being processed.
- FREE TRIALS; CONVERSION TO PAID MEMBERSHIP. Whenever offered, all free trials of Our Personal Products require that You enroll as a Member. This enrollment obligates You to continue Your membership beyond the expiration of the free trial period unless You take the steps necessary to cancel Your membership. You should carefully consider these obligations before attempting to enroll in any free trial. As part of any trial enrollment, You will be required to provide Us with a valid Payment Source. Prior to fulfilling Your order under any free trial, a prior authorization may be requested from the Payment Source to ensure it is valid, but We will not bill Your account until the free trial period has expired and provided that You have not yet cancelled your trial membership. In the event that You wish to continue Your membership beyond the trial period, do nothing and Your membership will automatically continue without interruption and the applicable fee will be billed to the Payment Source provided at the time of enrollment. You may cancel your trial membership at any time during the free trial period without charge or further obligation by calling our Customer Service Center from 8 a.m. to midnight EST, 7 days a week at 1-800-871-3250. We reserve the right to impose quantity limits to Free Trials of Our Personal Products and We may refuse to register You to obtain any of Our Personal Products for any reason, including any of Our Personal Products that may be offered by means of a Free Trial.
- PRODUCT CANCELLATION AND REFUNDS. All sales of Report Products are final, and You will not be entitled to a refund for any Report Product once it is delivered to You. You may cancel any subscription-based Personal Product at any time. To cancel Your membership, please contact our Customer Service Team from 8 a.m. to midnight EST, 7 days a week at 800-871-3250. In the event that You cancel Your membership, You may be entitled to a pro-rated refund for any subscription Personal Product purchased but not yet provided in accordance with the terms herein. Once Your Personal Product has been cancelled, You will receive a confirmation. You can also log into Your Equifax Account and view Your Order History, which will reflect the order as "Cancelled." If You signed up for a reduced price or free trial offer and if You are still in the trial period when You call to cancel, Your Personal Product will be canceled at the end of Your trial.
- CHANGES TO PRODUCTS, PRICING, AND TERMS; TERMINATION. We may change the prices for Our Personal Products at any time, with notice, and You will be charged the new price for all future purchases or renewals of Personal Products. We may not offer every Personal Product on every Site and we may also modify or discontinue any of Our Personal Products or this Site (or any portion thereof) or cancel, suspend or terminate this Agreement for any reason with or without notice. If we do cancel this Agreement or any Personal Product You have purchased, We will give You a pro-rated refund for any Personal Products purchased but not yet provided.
- PRODUCT AVAILABILITY. Certain Personal Products and/or Personal Product features may not be offered, applicable or available to You based on residency, age or other eligibility criteria or factors. In the event that a Personal Product is not available at the time of enrollment, You will be notified during the course of the registration process and your registration will not be accepted. In such cases, You may be advised of one or more alternative Personal Products, to the extent that other Personal Products are available. In the event that You are advised of the availability of alternative Personal Products, You should carefully evaluate any such Personal Product to determine its suitability. In addition to the foregoing, We reserve the right to reject Your Registration for any reason. We may also reject any Personal Product order for any reason. By registering on this Site, You agree that We will not be liable to You for loss or damage that may result from Our rejection of any order that You may attempt to place.
- PRODUCTS VARY. Our Personal Products do not include the same features and benefits. Prior to purchasing any Personal Product, You should evaluate the features and benefits included in each Personal Product by reviewing the Personal Product descriptions and other Personal Product literature contained in the Site. Should You have any questions regarding Our Personal Products, You should contact Our Customer Service Center at 1-800-871-3250 prior to purchasing any Personal Product. If You are already a Member, please visit the Site to obtain a complete description of Your Personal Product, the features it contains, and instructions regarding how to use it. If You are already a Member and subsequently determine that another Personal Product may be more suitable for Your needs, then Our Customer Service Team may be able to assist You in substituting Your current subscription Personal Product for another Personal Product. Note that such Substitutions may result in the imposition of a higher membership fee.
- ACTIVATION/PROMOTIONAL CODES. If You are using an activation or promotional code ("Code") that You received as part of a third party data breach notification, or a promotional offer made available by Us, You will be required to provide Your Code during the course of Your enrollment process in order to complete Your order for the Personal Product that corresponds to Your Code. All Codes contain a predetermined expiration date beyond which they will no longer be valid. Whenever a Code is provided, it is accompanied by a notification letter or other instructions and Personal Product information. Please review this information carefully prior to attempting to activate Your Code. In the event that You have any questions or encounter difficulty completing Your registration or Personal Product order, please contact Our Customer Service Team at 1-800-871-3250. We are not responsible for lost or stolen Codes.
- NO GUARANTEE OF PRODUCT AVAILABILITY. Because of the nature of Internet and online communications, the Personal Products may not perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation of Your Personal Product. In addition, Your use of a Personal Product that is excessive or in a manner not contemplated by this Agreement may also result in a Personal Product not performing as intended despite Our efforts. We will use reasonable efforts to maintain operation of the Personal Products at all times. If there is a system error or other problem concerning Your Personal Product, You agree to promptly notify Us of the same, We will try to correct the error, but You will not be entitled to any money for any system error of any type except for monies You paid for Personal Products that We do not provide.
- SUBSCRIPTION-BASED PRODUCTS. The Products offered through this Site consist of membership Products (sometimes referred to as "continuity plans") and one-time Report Products. By "subscription-based" We mean that all such Products and associated Product features are offered pursuant to memberships that automatically renew indefinitely without further action by the Member, and the corresponding membership fee is charged to the Member on the same day of each subsequent renewal term (monthly or annually, as the case may be). So long as the subscription-based membership remains active, each Member is entitled to all of the features, benefits, and privileges associated with membership until the membership is cancelled by the Member or otherwise terminates or expires. Upon cancellation, Members immediately loses access to all of their credit data, analyses or similar information housed within the Site and all other Product benefits. All of Our subscription-based Products renew automatically, but no Product is offered pursuant to terms which prevent the Member from cancelling the Product prior to the expiration of the then-current term. Accordingly, YOU MAY CANCEL YOUR SUBSCRIPTION-BASED MEMBERSHIP AT ANY TIME BY CALLING OUR TOLL-FREE NUMBER AT 1-800-871-3250 OR BY NOTIFYING US IN WRITING AT EQUIFAX PERSONAL SOLUTIONS, P.O. BOX 105496, ATLANTA, GEORGIA 30348, ATTENTION: PRODUCT CANCELLATION AND ANY SUCH CANCELLATION REQUEST WILL BECOME EFFECTIVE PROMPTLY UPON OUR RECEIPT OF YOUR REQUEST. Depending on when Your cancellation becomes effective, You may be entitled to a pro-rated refund of any fees You have paid in accordance with our then-current refund policy set forth herein. For monthly subscription products, if You have been charged for Your Product, Your Product will be canceled at the end of Your current billing cycle. For annual subscription products, if You have been charged for Your product, Your Product will be cancelled on the purchase date of the month You cancel. Your purchase date is the day of the month that your Product became effective. If You have surpassed that day in the current month, You will continue to have access to Your Product until that day the following month. If Your purchase date is the 29th, 30th, or 31st of the month and the next month does not have one or more of these dates, You will continue to have access to Your Product until the last day of that month.
- REPORT PRODUCTS. If You purchase a one-time Report Product, the resulting report will be accessible online for a period of thirty (30) days from the date You order the report. If You would like to be able to refer to the report beyond the 30 day period that it is available online, You must print the report within the 30 day period. The report will not update during the 30 day period that it is available online. If You order a Report Product while You are an active Member of a subscription-based Product, You may view the resulting Report Product online (but do not update) for 12 months from the date that You ordered the report, provided that You maintain Your membership during that time. If You cancel Your enrollment, Your report will no longer be available as of the date you cancel and You must print the report prior to cancellation if You would like to be able to refer to Your report beyond that time.
- CREDIT MONITORING PRODUCTS AND PRODUCT FEATURES. When offered or included as part of Our Products, "Credit Monitoring" monitors Your Equifax consumer credit file. In the case of all Products which feature Credit Monitoring, the Credit Monitoring You request and authorize monitors the credit file most closely identified with You based on identifying factors such as first, last, and middle name, date of birth, Social Insurance Number, if available, and current and former addresses. Credit Monitoring will not advise You if an item of identifying information is contained in the credit file of another person and in no event will Credit Monitoring ever monitor, compare or cross-reference Your credit file(s) with the credit file(s) of another person, nor will it ever provide You with any information contained in another person's credit file(s).
- IDENTITY THEFT PRODUCTS AND PRODUCT FEATURES. Certain Products contain features that may be of assistance to You in helping to prevent, detect and/or respond to incidents involving certain forms of theft or misuse of Your personal information ("Identity Products"). “Identity Products” do not include identity theft restoration assistance, which is described in Section 21 of this Agreement, and this Section of the Agreement does not apply to identity theft restoration assistance as described in Section 21 of this Agreement. We offer several Identity Products and not all versions of Our Identity Products include the same features. Prior to purchasing any Identity Product, You should carefully review the Product Detail Page within the Site that is associated with each Identity Product for a complete list of included features and an explanation of the possible benefits and limitations. In addition, You should also consider the availability of information, tools, and resources that may be available to You without charge or for a nominal fee in the event that You suspect that Your identity has been stolen or compromised, or may be subject to, possible theft or misuse. Our Identity Products are information Products that consist of one more Product benefits that deliver information to Members to help them minimize the risk of identity theft and to prepare them to respond in the event that a real and/or suspected act of "Identity Theft" should occur. For purposes of this Agreement, “Identity Theft” is when your name, address, social insurance number, debit card, credit card or certain other personally identifiable information is stolen, lost, or otherwise used without your knowledge or approval to commit crimes or other fraud in Canada. The brief summary provided in this Section is not intended to provide a comprehensive summary of Our Identity Products, nor are the descriptions of Our Identity Products contained in this Agreement intended to provide a complete list of all of the terms, conditions, exclusions and limitations that may apply with respect to any particular Identity Product. Please review the comprehensive Product descriptions and associated Product literature contained in the Site for a more complete description of Our Identity Products prior to ordering any Identity Product. BY PLACING YOUR ORDER FOR ANY IDENTITY PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT NO PRODUCT IS CAPABLE OF PREVENTING OR DETECTING ALL FORMS OF IDENTITY THEFT. YOU ALSO AGREE THAT YOU WILL TAKE REASONABLE PRECAUTIONS TO PROTECT AND SAFEGUARD YOUR PERSONAL AND FINANCIAL INFORMATION AND AVOID DISCLOSURES OF ANY SUCH INFORMATION TO ANY INDIVIDUAL OR ENTITY, KNOWN OR UNKNOWN, THAT COULD BE REASONABLY EXPECTED TO IMPROPERLY USE SUCH INFORMATION. EQUIFAX AND ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR AFFILIATED COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE IDENTITY PRODUCTS AND WE DO NOT WARRANT THAT THEY WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. NONE OF THE IDENTITY PRODUCTS PROVIDED BY US UNDER THIS AGREEMENT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT AND/OR THE CONSEQUENCES OF IDENTITY THEFT AND OUR LIABILITY TO YOU WITH RESPECT TO ANY LOSSES YOU MAY SUFFER OR INCUR AS A RESULT OF ACTUAL OR SUSPECTED IDENTITY THEFT ARE LIMITED TO THE PRODUCT FEATURES EXPLICITLY SET FORTH IN THIS AGREEMENT AND THE IDENTITY PRODUCT DESCRIPTION CONTAINED IN THE SITE. In addition, We reserve the right to request that You provide corroborating evidence with respect to any incident of Identity Theft of which We are notified, including signed affidavits, law enforcement or governmental agency reports, or other corroborating evidence, In the event that You fail to provide any requested corroborating evidence, We reserve the right not to provide You with any Product features or benefits normally available as part of Your Product. If You cancel Your Identity Product membership, We are no longer obligated to provide any of the Product benefits associated with Your membership, regardless of whether or not a particular act of real and/or suspected Identity Theft occurred while Your identity Product membership was active.
- IDENTITY THEFT INSURANCE. Certain Products include an identity theft insurance benefit for active Members. The insurance limits are different depending on the Product. These identity theft insurance benefits are provided under master group policies issued to Equifax for the benefit of its Members. The complete insurance policies are available from Us on request. The insurance provider administers all claims, and We shall have no responsibility with respect to such identity theft benefit. Please click here to view the policy summary of benefits for policies providing an aggregate limit of insurance of up to $25,000 and here to view a summary of benefits of the policies providing an aggregate limit of insurance of up to $50,000.
- IDENTITY THEFT ASSISTANCE and IDENTITY THEFT RESTORATION. Certain Products offer identity theft assistance (“IDTA”) or identity theft restoration assistance (“IDR”). If Your Product has IDTA or IDR, You must contact customer care for assistance. In most cases, if your Product has IDTA or IDR as a Product feature, information about how to contact customer care can be found after you sign in to Your Member Center. If You are receiving IDTA or IDR through an offering from Your employer, however, Your employer may provide you contact information for customer care and provide other important information and requirements. If you have been notified You are eligible for IDTA or IDR because of a suspected data breach or security incident, Your notification letter will instruct You about how to obtain IDTA or IDR and provide other important information and requirements.
IDTA or IDR is offered when You have a qualifying “Identity Theft” event. For purposes of this Section, Identity theft is when your name, address, social insurance number, debit card, credit card or certain other personally identifiable information is stolen, lost, or otherwise used without your knowledge or approval to commit crimes or other fraud in Canada. To be eligible for IDR, You must suspect that you are victim of ID theft. Certain exclusions, conditions and restriction may apply as outlined below
IDTA or IDR attempts to restore Your identity by working with credit bureaus, card issuers, creditors and others. This includes:
- Explaining Your rights as a victim of identity theft;
- Providing You with an identity theft tool kit in the event you have been the victim of an identity theft event
- Assisting You in placing fraud alerts with Equifax and Transunion and ordering an Equifax credit file at the beginning and end of each case
- Instructing You to contact places where the fraud occurred, submit applicable evidence, and dispute transactions
Restoring Your identity may not be possible in all cases, and We do not guarantee the effectiveness of IDTA or IDR. In many cases, We will have to work with third parties to attempt to restore Your identity. Some of those third parties, however, may not agree to work with Us. In those cases, We will provide You with instructions about how to attempt to restore Your identity. Other third parties may agree to work with Us but only if You also participate in those efforts, such as by participating in three-way telephone calls. In those instances, You agree to participate in such calls and otherwise assist Us.
For Us to provide IDR, You may be required to provide Us with a Limited Power of Attorney (“LPOA”). If a LPOA is required, it will be included in Your tool kit or otherwise delivered to You and must be returned to Us. This document allows Us to work on Your behalf with creditors, merchants, financial institutions and other entities. You may also be required to provide Us with other documents for certain types of identity theft, such as tax identity theft. In addition, as part of the LPOA, You authorize us to take all reasonable actions on Your behalf to help restore Your identity. This includes (i) allowing Us to order and access credit reports from one or more consumer reporting agencies (ii) authorizing Us to take any other reasonable actions for the purpose of providing You assistance and taking other steps that are necessary to work with third parties to help restore Your identity. You acknowledge and agree that You do not have to specifically authorize each action We take, and You further acknowledge that in accordance to the terms of the LPOA, We can investigate the facts and circumstances related to Your identity theft case, including but not limited to contacting third parties by mail, telephone, and email. We reserve the right to ask for evidence of or related to the identity theft event or related facts, including, for instance, affidavits, police reports, or other government reports. If You do not provide us with requested information or do not cooperate with Us, We will not provide You with IDR.
Certain conditions, restrictions and exclusions apply to the IDTA or IDR Product. More specifically, there may be some instances in which IDTA or IDR will not be provided, including without limitation:
- Circumstances where You suffer a loss directly or indirectly resulting from Your negligence. For purposes of this exclusion, “negligence” means the failure to exercise reasonable care with respect to the disclosure of Your PII and/or financial account information. For example, You negligently, but willingly, provide Your PII and/or financial account information to a “fraudster” for a service or product, and the fraudster deducts funds from Your account. A “fraudster” is defined as a dishonest individual, group, or company that engages in activity to make money by deceiving individuals;
- Circumstances where You suffer no direct or indirect financial losses or are not held responsible for such financial losses attributable to the identity theft event;
- Circumstances where You suffer any loss to an account used for a “business purpose”. For purposes of this exclusion, “business purpose” shall mean any purpose other than for personal, family or household purposes;
- Circumstances where You are unwilling to cooperate with financial institutions, merchants or other creditors, or prosecute or otherwise bring a civil or criminal claim against any person culpable or reasonably believed to be culpable for the fraud or its consequences;
- Circumstances where You suffer losses arising from extortion, blackmail or criminal threats carried out by a person or persons, by means of preventing You from either gaining access to Your financial accounts and/or PII or threatening to destroy such PII where such actions are carried out for the purpose of extorting money;
- Circumstances where You have been accused of a crime, such as where an alleged identity thief may have used your information and misrepresented him or herself to law enforcement as You;
- Circumstances where the identity theft event is caused by or directly or indirectly related to an act of war or warlike action or terrorism, including cyberterrorism;
- Circumstances where You refuse to have Your call recorded or fail to confirm that You accept to waive Your right to legal privilege or professional secrecy;
- For any dishonest, criminal, malicious or fraudulent acts, if You personally participated in, directed, or had knowledge of such acts;
- For any physical injury, sickness, disease, disability, shock, mental anguish, or mental injury, including required care, loss of services or death at any time resulting directly or indirectly from the identity theft event; and
- When You voluntarily disclose any code or other security information to someone who subsequently contributes to an identity theft event, provided, however, that this does not include voluntary disclosure due to duress or fraud.
IDTA and IDR will also not be provided if You knew about the identity theft before You signed up for the Product. Likewise, if an identity theft event occurs while you have an active Product but You do not discover the identity theft until after your Product has been cancelled, then You are not eligible for IDTA or IDR. If You cancel Your Product while you are actively receiving IDTA or IDR, We will not provide You with additional IDTA or IDR after your cancellation date.
IDTA and IDR is not an insurance contract or policy and will not reimburse You or otherwise pay for any costs, fees, damages, financial losses, similar losses or expenses, pain and suffering or any other emotional or economic loss. IDTA and IDR also does not reimburse You for or otherwise pay for legal fees or other professional fees for which you have contracted.
- EQUIFAX COMPLETE™ FRIENDS AND FAMILY PRODUCT. The Equifax Complete Friends and Family Product is a subscription-based Personal Product that allows one adult ("Primary Member") to purchase a single membership that enables a second adult ("Added Member") to enjoy the benefits associated with one of our most common subscription-based Personal Products (Equifax Complete Premier) at a discount to the normal retail price each adult would pay for an individual membership for the Personal Product (Equifax Complete Premier) if purchased separately. In addition to these possible financial savings, the Friends and Family Product offers a Personal Product feature that is unique to Our Personal Products, which is the ability of either adult to authorize Us (by way of an affirmative opt-in election and authorization that is revocable at any time) to share Alerts that are the result of Credit Monitoring. No other form of credit information or personal information will be shared or disclosed. When You enroll under the Friends and Family Product (as the Primary Member or Added Member, as the case may be) and authorize Us to share Your Alerts with the other adult Member, You are the "Subject". When the other adult Member makes their Alerts available to You for You to review, You are the "Reviewer." The election to share Alerts under the Family Plan Product is strictly optional and does not need to be reciprocal. By this, We mean that the Shared Alerts option can be configured such that one, both or neither of the adult Members may choose to share Alerts. In no event will You be able to share Your Alerts or view the other Member's Alerts unless We have successfully authenticated Your identity and You have expressly authorized Us (by way of an affirmative and revocable election) to do so. The version of Your Alerts that We provide to the Reviewer, will be the same as the Alerts You see, but no other credit information will ever be shared or made available to the Reviewer, even if You request that We do so. You will not have the opportunity to review the Shared Version of Your Alerts before We share it with the Reviewer pursuant to Your authorization. You acknowledge and agree that when You enable the Shared Alerts capability within the Member Center that You are designating Us as Your agent and giving Us Your "written instruction" to obtain from Equifax and public records sources the credit file and other information necessary to compile Your Shared Alerts, to create Your Shared Alerts for You, and to make the Shared Version of Your Alerts available to the Reviewer as instructed by You. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO EXERCISE SOUND JUDGMENT WHEN DECIDING WHETHER AND WITH WHOM TO SHARE YOUR ALERTS, AND YOU AGREE THAT YOUR INTERACTIONS WITH SUCH REVIEWERS, INCLUDING YOUR ACCESS TO AND USE OF THE FRIENDS AND FAMILY PRODUCT, IS AT YOUR OWN RISK. ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES, OR AFFILIATED CREDIT BUREAUS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY ACTIONS TAKEN OR DECISIONS MADE BY ANY REVIEWER WITH WHOM YOU HAVE SHARED YOUR ALERTS.
- LIMITATION OF LIABILITY. All Personal Products purchased through this Site are provided on an “AS IS” basis and without without warranties of any kind, either expressed or implied. We completely disclaim all liability arising from the use of the Personal Products purchased by You. Further, and without limiting the generality of the foregoing, in no event shall Equifax, Equifax Affiliates or Suppliers be liable for any direct, indirect, incidental, consequential or special damages, losses, claims or expenses arising out of the use of the information herein, or in any way connected with access to or use of Personal Products.
- ENTIRE AGREEMENT BETWEEN US. This Agreement constitutes the entire agreement between You and Us regarding the Personal Products and information contained on or acquired through this Site or provided by Us, including through other linked third party Internet sites. In the event that this Agreement shall be translated into any language other than English, then the English language version of the Agreement shall control. This Agreement takes effect when you purchase or access a Personal Product and it applies to all persons accessing the Personal Product from Your computer, and to all persons using Your User ID, password or PIN. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You agree that this Agreement is not intended to and does not confer any rights on any persons other than Us and You and the third party beneficiaries referenced in this Section. You may not assign this Agreement or the Personal Product (except a gift certificate) to someone else. Unless otherwise explicitly stated, the provisions contained in Sections 2, 3, 24 and 25 will survive termination of this Agreement. Suppliers are third party beneficiaries under this Agreement.
LRD: September 2018
- ACCESS TO SITE, USE AND GOVERNING LAW. Access to, and use of, this Site are subject to all laws and regulations applicable in Your province or territory of residence. Individuals residing in an area where the access to or use of the Site or any part of is illegal or prohibited are not permitted to use the Site. It is Your responsibility to determine if You can legally use the Site in compliance with all applicable laws. Certain Content may not be offered, applicable or available to You based on residency, age or other eligibility criteria or factors. Persons accessing this Site are required to obtain information about and observe any relevant restrictions. If any term or condition in these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the terms and conditions and shall not affect the validity and enforceability of any remaining provisions of the Terms. The terms, exclusions and conditions of the written contracts relating to Content mentioned on this Site are not fully described on the Site. Their interpretation is governed by the terms and conditions of the written contract You enter with Us, and by any applicable laws and regulations. The Terms of this Site are made and will be interpreted under Ontario law, and you submit to the exclusive jurisdiction of Ontario courts located in Toronto.
- NO GUARANTEE OF CONTENT AVAILABILITY. Because of the nature of Internet and online communications, this Site or its Content may not perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation of this Site or any of its Content. In addition, Your use of the Site that is excessive or in a manner not contemplated by these Terms may also result in the Site or its Content not performing as intended despite Our efforts. We will use reasonable efforts to maintain operation of the Site and its Content at all times. If there is a system error or other problem concerning the Site or its Content, You agree to promptly notify Us of the same, We will try to correct the error, but You will not be entitled to any money for any system error of any type except for monies.
- OWNERSHIP. This Content of this Site, including without limitation the information, materials, text, graphics, images, logos, site design, and the selection, assembly, and arrangement of the Site (collectively “Content”) is protected by applicable Canadian copyright and trade-mark laws, as well as by the copyright and trade-mark laws of other countries. The Content cannot be altered without infringing on Our rights, including without limitation Our moral rights. As such, You may not remove, alter or cover any copyright or other proprietary notices placed on this site or on products or related Content acquired through this Site. We, collectively or individually, retain ownership of all intellectual property rights in this Site, including without limitation the Content. For the avoidance of doubt, the Content may not be copied, distributed, displayed, modified, reproduced, performed, published or reverse engineered in whole or in part without Our prior written permission.
- LIMITATION OF LIABILITY. All Content found or accessed on this Site is provided on an "AS IS" basis and without warranties of any kind, either expressed or implied. We completely disclaim all liability arising from the use of the Content contained on this Site by You. Further, and without limiting the generality of the foregoing, in no event shall We be liable for any direct, indirect, incidental, consequential or special damages, losses, claims or expenses arising out of the use of the information herein, or in any way connected with access to or use of the Site. Without limiting the foregoing, We do not represent or warrant that the use of the Site and, including the browsing and downloading of any Content, will be free of viruses, Trojan horses, worms or other destructive or disruptive components. You acknowledge and agree that is it up to You to ensure that you have a complete and current backup of the information contained on your computer system prior to using the Site and that You will take reasonable precautions to scan for computer viruses, worms, Trojan horses, and other items of a destructive nature when using this Site. This Site may contain hyperlinks or other references to third party Internet sites that ECC does not own or operate. You may be subject to additional terms and conditions that apply when You use third party Internet sites. You agree that You are responsible for reviewing and understanding any terms and conditions governing any third party Internet site and products and ECC has no responsibility therefore.
- GENERAL. These Terms take effect on Your first access to this Site, and it applies to all persons accessing the Site from Your computer, and to all persons using Your User ID, password or PIN (where applicable). The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You agree that these Terms is not intended to and does not confer any rights on any persons other than Us and You and the third party beneficiaries referenced in this Section. You may not assign these Terms to someone else.