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Eligibility
These Terms and Conditions ("Terms and Conditions") apply to all
transactions between you as the member ("you", "your" or
"Member") and MIS, including, without
limitation, your access to and use of the
nxg.merchantsinfo.com website and any information and
resources available therein ("Website"), all transactions conducted
through the Website, and your purchase of identity theft services and products
offered by MIS (individually and collectively,
"MIS Products and Services"). These Terms and
Conditions also apply to your purchase of credit reports and related services
offered by TransUnion Interactive Inc. ("TUI") as set forth in
Section 2 and 3 below.
The Website is intended for users who are eighteen (18) years of age or older.
MIS will only provide MIS
Products and Services in the United States, or territories where U.S. law
applies ("Territory"). U.S. military and support personnel stationed
in foreign countries are eligible for these services.
By using the Website, you represent and warrant to MIS
that you are eighteen (18) years of age or older and that you agree to abide
by these Terms and Conditions.
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Acts of Third Parties
MIS is not responsible for the failure of TUI or any
other third party to deliver to you credit reports, credit related services or
any non-credit services.
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Acknowledgement of Responsibility
Merchants Information Solutions (MIS) acknowledges to its
customers that MIS is responsible for the security of
data (cardholder and credit bureau provided) which MIS
possesses, stores, transmits, or the extent that MIS
could impact the security of the customer's data environment with respect to
cardholder or credit bureau provided data.
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Applicability of Terms and Conditions to Orders for Credit Products and services
These Terms and Conditions are made between you and TUI, the providers of the
credit reports and related services (as defined in this Section 3 below) and
apply to all transactions involving the credit reports and related services
through the Website. By submitting your order, you acknowledge receipt of TUI
Privacy Notice, confirm your authorization for TUI to obtain your consumer
report ("Basic Report"), scores ("Scores") and other
enhancements to the Basic Report, and agree to these Terms and Conditions. For
purposes of these Terms and Conditions, the term "Credit Reports and
Services" includes the Basic Report, Scores and other enhancements to the
Basic Report and related services, individually or collectively, as the context
requires and as described in more detail in Section 3(b).
The Website is intended for users who are eighteen (18) years of age or older.
Credit Reports and Services are only available to residents of the United
States and its territories. TUI will only provide Credit Reports and Services
in conjunction with agencies and institutions in the United States, or
territories where U.S. law applies ("Territory"). By using the
Website, you represent and warrant that you are eighteen (18) years of age or
older, that you agree to abide by these Terms and Conditions and that you are a
resident of the United States.
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Description of Credit Reports and Services
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Credit Reports and Credit Scores are provided by TUI once you
successfully complete the authentication process. Credit Reports
and Scores can be accessed for up to 180 days after the delivery
date. Scores are calculated at the time the score is requested and
will change over time as information in your credit file changes.
There are many different scoring models in the marketplace and each
may have a different scale and use different factors. Additional
credit reports and scores can be purchased and will also be
available for access for up to 180 days.
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Credit Monitoring is provided by TUI once you successfully complete
the authentication process and will provide credit monitoring and
credit alerts in the event of changes to your credit file.
All Credit Reports and Services offered on this Website by TUI are
subject to these Terms and Conditions, which may be updated from time
to time. Please check this Website regularly for updates to these Terms
and Conditions.
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Use of the Credit Products and Services
In consideration of your use of the Credit Products and Services, you
agree to provide true, accurate and current information about yourself
as prompted by the application form. You certify that you are eighteen
(18) years of age or older. If any information you provide is untrue,
inaccurate or not current, or if TUI has reasonable grounds to suspect
that such information is untrue, inaccurate or not current, TUI, at
their sole discretion, has the right to suspend or terminate your use
of any Credit Products and Services and refuse all current or future
access to use of the Credit Products and Services or suspend or
terminate any portion thereof. Further, you agree that TUI will not be
liable to you or any third party if TUI suspends or terminates your
access to the Credit Products and Services for any reason.
TUI obtains credit information used to prepare Credit Reports from the
three national credit repositories (Equifax, Experian, TransUnion,
collectively, the "CRA Repositories"). The Credit Reports TUI
provides are intended to furnish you with information that you may not
otherwise have readily available to you, but should not be relied upon
for important personal and financial decisions. You should consult your
own professional adviser for specific advice tailored to your personal
situation.
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Authentication of Identity
If you order Credit Reports and Services from TUI, you will be required
to authenticate your identity prior to accessing those Credit Reports
and Services by correctly answering questions about your credit history
and other information unique to you.
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Benefit Period for Credit Reports and Services
Your benefits begin on the effective date stated in a written
confirmation of your order delivered to you by
MIS. The term or duration of Your benefit
period, including, without limitation, any renewal terms, if
applicable, will be stated in a written confirmation of your order
delivered to you by MIS.
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Acceptance of Terms and Conditions
By using or visiting the Website you signify your agreement to be bound by
these Terms and Conditions, MIS's Privacy Policy,
incorporated herein by reference and available at
nxg.merchantsinfo.com, and all laws and regulations
applicable to the MIS Products and Services and
information offered by MIS, and, if you order Credit
Reports and Services TUI, with all laws and regulations applicable to the
Credit Reports and Services, whether or not you create an account, register as
a member or purchase MIS Products and Services and/or
Credit Reports and Services. MIS may, in its sole
discretion, modify these Terms and Conditions from time to time and such
modified Terms and Conditions shall supersede any prior versions of the Terms
and Conditions. Your continued use of the Website and/or purchase of
MIS Products and Services constitutes your acceptance of
such modifications and your subsequent use of the Website and
MIS Products and Services shall be governed by the
latest version of the Terms and Conditions. The Terms and Conditions are
effective until terminated by MIS. In the event of
termination, the MIS Intellectual Property, Disclaimer
of Warranty; Limitations of Liability and Indemnification provisions set forth
in these Terms and Conditions shall survive.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS
OR USE THE WEBSITE OR ORDER OR USE ANY MIS
PRODUCTS AND SERVICES OR CREDIT REPORTS AND SERVICES.
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Limitations Related to Products and Services
Neither MIS or TUI shall be obligated or responsible for
providing MIS Products and Services or Credit Reports
and Services for any request based on: (i) an act of fraud, deceit, collusion,
dishonesty or criminal act by you or any person acting in concert with you;
(ii) authorized charges that you have disputed based on the quality of goods or
services; (iii) authorized account transactions or trades that you have
disputed, or are disputing, based on the execution (or non-execution) of
electronic transfers, trades or other verbal or written instructions or
directions; (iv) losses, damages or expenses arising out of any business
pursuits; (v) losses, damages or expenses that were incurred or commenced prior
to the effective date of your MIS Products and Services
order confirmation or Credit Reports and Services; or (vi) theft, loss or
damage related to, without limitation, traveler's checks, tickets of any kind,
negotiable instruments, cash or its equivalent, passports, documents or real
property.
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MIS Product, Feature and Service Descriptions:
Please refer to the solution(s) offered by your sponsoring organization and to
the specific Summary of Benefits. You will receive a copy upon successfull
activation of your membership that references the products, features and
services included in your membership.
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When Your MIS Benefits Start
Your benefit period, including, without limitation, any renewal terms, if
applicable, will be stated in a written or electric confirmation of you order
delivered to you by MIS or your sponsoring organization.
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Product Fees and Payment
If you are paying for these benefits directly to the sponsoring organization
then the terms and conditions provided by the sponsoring organization will
apply. If you are paying for these benefits directly to
MIS, then the following terms will apply:
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Charges - Based on your authorization, payments will be deducted from the
credit or debit card you provided on a monthly or annual frequency in the
amount indicated. With sixty (60) days prior written notice to you at the
email address on file for you, MIS reserves the
right to adjust the pricing. You are under no obligation to continue the
program (see Cancellation below).
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Cancellation - If you wish to cancel the plan, please call the customer
service number shown below. If you are paying monthly, the plan will be
canceled at the end of the month in which the cancellation request is
received. You are responsible for making payment for the months during
which benefits are in effect. If you have paid on an annual basis, the
plan will be canceled at the end of the month in which the cancellation
request is received and we will refund any unused portion of the annual
payment.
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Lapse for Non-Payment - You may elect to pay for benefits on a monthly or
annual basis. If payment is not received on the due date for the benefit
period you have elected, a notice of cancellation ("Notice of
Cancellation") will be sent by email to the email address on file for
you each day for ten (10) days. If payment is not received within ten (10)
days after the initial Notice of Cancellation is sent, the plan will be
terminated, effective on the day of cancellation. If you, or an eligible
family member, is engaged in the recovery process an attempt will be made
to contact you by phone in addition to the email Notice of Cancellation.
Recovery and other MIS Products and Services will
cease at the point at which the plan is terminated for non-payment.
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Use of the Website and Products
You understand and agree that access to and use of the Website and
MIS Products and Services by you is subject to the
following terms:
You agree to provide true, accurate, complete and current information to
MIS about yourself in the Website or for any
MIS Products and Services. If MIS
determines or reasonably suspects that any information you provided to
MIS is false, incomplete or inaccurate,
MIS may, in its sole discretion, suspend or terminate
your access to and use of the Website and the MIS
Products and Services and block all future access to and use of the Website and
MIS Products and Services. You further agree that
MIS will not be liable to you, your family members and
any other person if MIS suspends or terminates your
access to and use of the Website and the MIS Products
and Services;
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You agree not to copy, post, publish, broadcast, display, distribute or
otherwise make available the Website, in whole or in part, in any medium,
form or format, now known or later developed, without
MIS's prior written authorization;
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You agree that the Website and MIS Products and
Services are provided solely for your personal use;
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You agree not to alter, modify or reverse engineer or compile any part of
the Website, including, without limitation, MIS
Products and Services, software programs and applications provided through
the Website;
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You agree not to sell access to the Website;
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You agree not to provide unauthorized access to the Website. Access to and
use of password protected and/or secure areas of the Website are restricted
to authorized users only. Unauthorized individuals attempting to access
these areas of the Website may be subject to prosecution.
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You agree not to access or attempt to access any portion of the Website to
which you have not been granted access, including, the private account
information of other users of the Website. Access to and use of password
protected and/or secure areas of the Website are restricted to authorized
users only. Unauthorized individuals attempting to access these areas of
the Website may be subject to prosecution;
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You agree not to use or launch any automated system, including, without
limitation, "robots," "spiders" or "offline
readers" that access the Website in a manner that sends more requests
to the Website servers in a given period of time than a human can
reasonably produce in the same period by using a conventional on-line
browser;
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You agree not to harvest or collect email addresses or other personal and
financial information of other users from the Website by electronic or
other means for the purposes of sending unsolicited communications or
improper or illegal activities;
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You agree not to use the Website in any manner that could damage, disable,
overburden or impair the Website;
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You agree not to upload, post, transmit, share or otherwise make available
material that is obscene, pornographic, offensive, discriminatory, false,
harmful, harassing, defamatory, libelous or violates the rights of any
third-party, including, without limitation, trade secret, patent,
copyright, trademark, privacy or publicity;
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You agree not to upload, post, transmit, share or otherwise make available
any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality
of any computer software, hardware or telecommunications equipment;
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You agree to use the Website in a manner that complies with all applicable
local, national and international laws and regulations.
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Modification of the Website and MIS Products and
Services
MIS may at any time, in its sole discretion, with or
without notice to you, modify or discontinue providing the Website or any of
the MIS Products and Services or any portion thereof.
You agree that MIS will not be liable to you or any
other person for any modification or discontinuance of the Website or
MIS Products and Services.
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Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE
AND MIS PRODUCTS AND SERVICES IS AT YOUR SOLE
RISK. THE WEBSITE AND MIS PRODUCTS AND
SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE"
BASIS. MIS AND ITS SUPPLIERS EXPRESSLY
DISCLAIM ALL WARRANTIES AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, THAT THE WEBSITE
AND MIS PRODUCTS AND SERVICES ARE FREE FROM
BUGS, VIRUSES, HACKERS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR
MIS PRODUCTS AND SERVICES WILL BE RELIABLE.
THE INFORMATION CONTAINED IN THE WEBSITE, THE
MIS PRODUCTS AND SERVICES OR OTHER MATERIALS
YOU MAY RECEIVE FROM MIS DO NOT CONSTITUTE
LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. IN CONNECTION WITH YOUR
PURCHASE AND USE OF THE MIS PRODUCTS AND
SERVICES, YOU ARE EXPECTED TO TAKE REASONABLE PRECAUTIONS, INCLUDING, WITHOUT
LIMITATION, PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER
AND OTHER PERSONALLY IDENTIFYING INFORMATION.
MIS PRODUCTS AND SERVICES DO NOT CONSTITUTE A
CONTRACT OF INSURANCE. MIS DOES NOT GUARANTEE
THE ACCURACY OF LIEN, JUDGMENT, INVESTMENT, OR CRIMINAL SEARCHES IT MAY PERFORM
ON YOUR BEHALF. MIS ASSUMES NO LIABILITY OR
RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, LOSS OF BUSINESS, OR CONSEQUENTIAL DAMAGES WHATSOEVER
ARISING FROM OR IN CONNECTION WITH ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN
THE WEBSITE OR MIS PRODUCTS AND SERVICES, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM OR
IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE OR
MIS PRODUCTS AND SERVICES, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE
BY ANY PERSON OR ENTITY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR
MIS PRODUCTS AND SERVICES OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, PRODUCTS OR
SERVICES OR ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE THROUGH THE WEBSITE OR THE MIS
PRODUCTS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT MIS
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
MIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY
OTHER PERSON OR ENTITY, WHETHER OR NOT A SUPPLIER, THROUGH THE WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND SUPPLIERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
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MIS Intellectual Property
You acknowledge and agree that the Website and MIS
Products and Services, including, without limitation, formulae,
specifications, pricing, content, applications, trademarks, graphics,
photographs, information, software, including, without limitation, source and
object code, scripts, promotions, events, programs and interactive features
provided by or for MIS, whether in whole or in part,
(individually and collectively, "MIS Intellectual
Property") is owned by and the exclusive property of
MIS or its licensors, subject to trademark, copyright
patent, trade secret and other intellectual property rights and laws. You
further agree that you have no right, title or interest in
MIS Intellectual Property and that you shall not use any
MIS Intellectual Property without
MIS's prior written consent. You hereby grant to
MIS a non-exclusive, perpetual, irrevocable,
transferable, worldwide, royalty-free, fully paid-up, right and license to use,
copy, modify, transfer and distribute your personal information to provide the
MIS Products and Services and in connection with
MIS business operations.
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Indemnification
You agree to defend, indemnify and hold harmless MIS,
its officers, directors, members, managers, employees, agents, predecessors,
successors, insurers, and assigns for, from and against any and all claims,
damages, obligations, losses, liabilities, judgments, costs, penalties, fees,
fines, interest, debt and expenses (including, without limitation, attorneys'
fees and expert witness fees) arising from: (i) your use of and access to the
Website and MIS Products and Services; (ii) your
violation of any provision of these Terms and Conditions; and (iii) your
violation of any law or other regulation or any third-party right, including,
without limitation, any trade secret, patent, copyright, trademark, property,
publicity or privacy right. This indemnification obligation shall survive the
termination of these Terms and Conditions and the termination of your use of
the Website and MIS Products and Services.
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Miscellaneous
You agree that: (i) the Website and provision of MIS
Products and Services shall be deemed solely based in Arizona; and (ii) the
Website shall be deemed a passive website that does not give rise to personal
jurisdiction over MIS, either specific or general, in
jurisdictions other than Arizona. These Terms and Conditions shall be governed
by and construed in accordance with the laws of the State of Arizona, without
regard to conflict of laws principles. MIS and you agree
that the state and federal courts located in Maricopa County, Arizona shall
have jurisdiction over any claim or dispute that arises from the Website or
MIS Products and Services and that venue in such courts
is proper. MIS and you further agree to waive any
objection or defense to jurisdiction and venue in the state and federal courts
located in Maricopa County, Arizona. These Terms and Conditions, together with
MIS's 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's
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.
