Effective Date: January 30, 2025.
1. Overview and Acceptance of Terms
1.1. These Terms of Service (Terms) are a binding agreement between you and TransUnion Interactive, Inc. (TUI).
1.2. Please read the following information carefully as these Terms set out your rights and responsibilities when you use websites owned by TUI, our mobile apps, and the TransUnion Credit Membership (Subscription) provided by TUI (collectively, the Services). The Services are made available solely for your personal, non-commercial use, and these Terms apply when you access the Services through the web or our app.
1.3. BY ACCESSING OR USING ANY OF THE SERVICES, YOU AGREE TO THESE TERMS AND:
(i) confirm you have read and understood these Terms and our Privacy Notice;
(ii) intend to be legally bound by them;
(iii) acknowledge the electronic receipt of these Terms; and
(iv) recognize the Agreement is between you (member) and TUI; and
(v) understand TUI relies on your agreement to be bound by these Terms to provide the Services.
1.4. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE ANY OF THE SERVICES.
1.5. MANY PUBLIC RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT SOURCES. CONSUMER REPORTING AGENCIES ARE REQUIRED BY FEDERAL AND STATE LAW TO FURNISH YOU A COPY OF YOUR CREDIT REPORT UPON REQUEST, SOMETIMES AT NO CHARGE OR FOR A NOMINAL FEE. SEE SECTION 5 (Your Fair Credit Reporting Act Rights) FOR MORE DETAILS.
1.6. BY USING THIS SERVICE WHETHER THROUGH A FREE OR PAID SUBSCRIPTION, YOU AGREE TO RECEIVE PERSONALIZED OFFERS FROM TUI AND OTHER PARTIES THAT TUI OR ITS SERVICE PROVIDER PARTNERS WITH TO PROVIDE YOU WITH PERSONALIZED OFFERS. THERE IS NO OPTION TO OPT-OUT THESE OFFERS. IF YOU DO NOT WISH TO RECEIVE PERSONALIZED OFFERS, PLEASE DELETE THE SERVICE. SEE SECTION 6.7 (Personalized Offers) FOR MORE DETAILS.
By using the Service, you represent and warrant that you are of legal age to form a binding contract with TUI and meet all the eligibility requirements in the Agreement.
2. General Requirements to Register for an Account and Account Access.
2.1. You must be at least 18 years of age and have a valid U.S. Social Security number to register for an account and to access the Services.
2.2. You must provide personal information, a phone number, an email and password to register for an account. Online access to consumer credit report information is subject to verification of your identity.
2.3. You must register only yourself and agree not to impersonate anyone else. Do not use another person's email, password, or phone number. You certify that all information you provide during registration and at any other time will be true, accurate, current, and complete. This information must be about you and no one else. You agree to update your information as necessary to keep it true and accurate. See Section 6.16 (Communication Preferences) for instructions on how to update your contact information.
2.4. By registering, you authorize us to create and maintain your account using your registration information. We will handle your information according to our Privacy Notice.
2.5. Once you are a member, you agree that based on your consent (as detailed in Section 3 Your Consent to TUI to Obtain Your Consumer Credit Report and Other Information), we will obtain and monitor your credit report and other information for as long as you have an active account.
2.6. You are responsible for all activities on your account. Keep your email and password secure to prevent unauthorized access. You agree not to sell, transfer, license or assign your account, password, email or any account rights.
2.7. You agree not to use or access any Service:
2.7.1 In any way that violates any applicable federal, state, local, or international law, rule or regulation.
2.7.2. In any manner that could disable, alter, overburden, damage, or impair the Service, or engage in any conduct that restricts or interferes with another party's use, which, in TUI’s sole discretion, may harm TUI or members of the Service and expose them to liability, including but not limited to by transmitting worms, viruses, spyware, malware or any other destructive, malicious, intrusive, or disruptive code.
2.7.3. To circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; remove identification, or other proprietary notices; or access or use any Service unlawfully, unauthorized, or in a way that suggests an association with our products, services or brands.
2.7.4. To create accounts or access data (including user information) through unauthorized means, such as using an automated device, caching, script, bot, spider, crawler or scraper.
2.7.5. To create accounts or access data by using a name other than your legal name.
Failure to comply with these Terms shall constitute a breach and shall constitute grounds for immediate termination of your Subscription and your right to use the Services. We reserve the right, in our sole discretion, to immediately suspend or terminate your access or use of the Services if you violate these Terms or we believe you are or were involved in fraudulent or illegal activities. See Section 7 (Term and Termination; Modification) for more details.
3. Your Consent to TUI to Obtain Your Consumer Credit Report and Other Information.
3.1. BY REGISTERING, YOU CONSENT, AUTHORIZE, AND INSTRUCT US TO ACCESS, MONITOR, AND COMPILE YOUR: (I) CONSUMER CREDIT REPORT FROM TRANSUNION, EXPERIAN AND/OR EQUIFAX (COLLECTIVELY, THE CREDIT REPORTING AGENCIES); (II) NON-PUBLIC PERSONAL INFORMATION ABOUT YOU AS DEFINED BY THE GRAMM-LEACH-BLILEY ACT (15 U.S.C. § 6801 ET. SEQ.) AND (III) OTHER PERSONAL INFORMATION.
3.2. YOU UNDERSTAND AND AGREE THAT BY REGISTERING, YOU ARE CONSENTING, AUTHORIZING, AND PROVIDING WRITTEN INSTRUCTIONS AS DEFINED IN THE FCRA FOR US TO OBTAIN AND EXCHANGE CERTAIN INFORMATION ABOUT YOU WITH THIRD PARTIES IN ORDER TO (1) VERIFY YOUR IDENTITY; (2) PROVIDE THE SERVICE TO YOU; (3) ACCESS ADDITIONAL INFORMATION ABOUT YOU TO PROVIDE YOU WITH THE SERVICE THAT YOU REQUESTED AS PART OF YOUR SUBSCRIPTION; OR (4) IDENTIFY PERSONALIZED OFFERS FOR YOU, BASED ON YOUR CONSUMER CREDIT REPORT DATA OR OTHER PERSONAL INFORMATION. EACH TIME YOU ACCESS THE SERVICE, YOU ARE PROVIDING WRITTEN INSTRUCTIONS AS DEFINED IN THE FCRA FOR TUI TO OBTAIN YOUR CONSUMER CREDIT REPORT FROM THE CONSUMER REPORTING AGENCIES AND YOU AUTHORIZE US TO ACCESS YOUR CONSUMER CREDIT REPORT FOR THE PURPOSES IDENTIFIED IN (1) – (4) OF THIS PARAGRAPH.
3.3. YOU ALSO AGREE THAT WE MAY USE AND ANALYZE YOUR CONSUMER CREDIT REPORT AND OTHER PERSONAL INFORMATION FOR PURPOSES, INCLUDING BUT NOT LIMITED TO: (A) IMPROVING YOUR SERVICE EXPERIENCE; (B) PROVIDING CUSTOMIZED RECOMMENDATIONS AND GENERAL INFORMATION ABOUT YOUR CREDIT; (C) PROVIDING PERSONALIZED OFFERS; AND (D) ENHANCE AND OPTIMIZE YOUR ACCOUNT FOR ACCESS TO AND USE OF THE SERVICES IN ACCORDANCE WITH OUR PRIVACY NOTICE.
4. Subscriptions, Billing, Downgrades, and Cancellation
4.1. Subscriptions. The TransUnion Credit Membership includes free and paid subscriptions. Each Subscription may be subject to differences in pricing and features. Consent to obtain credit data to fulfill the benefits of our Service remains valid until you delete your account. See Section 3 (Your Consent to TUI to Obtain Your Consumer Credit Report and Other Information) for more details. Your Subscription will continue and automatically renew until terminated. You may delete at any time. See Section 4.6 (Cancellation and Deletion) for more details.
4.2. Free Subscription. The terms of any free Subscription apply only to the enrolled Service. You understand that you will be a member until you delete your account. If you upgrade your Subscription, you will be billed immediately. See Section 4.3 (Paid Subscription and Subscription Fee) for more details on paid Subscriptions.
4.3. Paid Subscription and Subscription Fee. You must provide a valid and current payment source, such as credit or debit card information (the Payment Method) to enroll in our paid Subscription. The monthly fees (plus tax, where applicable) (collectively, the Subscription Fee) for the paid Subscription are identified during the enrollment or upgrade process. By enrolling or upgrading to a paid Subscription, you agree that the paid Subscription will automatically renew each month. You authorize TUI to charge the Subscription Fee to the Payment Method associated with your account. If a Subscription Fee is paid, you are entitled to all features included in the paid Subscription until the paid Subscription is downgraded, deleted, or terminated (as detailed in Section 7 Term and Termination; Modification). If your Payment Method fails, you will be notified, and some features may be suspended until payment is received during the period identified in your notification. If payment is not received during the specified period in your notification, your paid Subscription will be downgraded into a free Subscription, and you will lose access to paid Subscription features and data. TUI is not responsible for any overdraft or over-the-limit charges triggered by your order.
4.4. Changes in One-Time Fees and Subscription Fees. TUI reserves the right to change our pricing. You will be notified before any price changes becomes effective. If you do not wish to accept a price change, you may downgrade or delete your account before the changes takes effect. If you do not act during the period identified in the notification, your subscription will be renewed at the new price (plus applicable taxes), and you authorize us to charge your Payment Method for the updated Subscription Fee. See Section 4.6 Downgrades, Cancellation and Deletion for more details on how to downgrade, cancel or delete your Subscription.
4.5. Refunds. We do not offer refund or credit for partially used billing periods. Refunds or credits may be provided at our sole discretion on a case-by-case basis. You will continue to have access to the paid Subscription through the end of your billing period. If your Subscription is terminated due to a breach of these Terms, you will not be eligible for a refund of any fees paid.
4.6. Cancellation and Deletion.
4.6.1. If you have a paid Subscription, you can:
4.6.1.1. Cancel and downgrade your account by selecting “My Account”, under “Membership Details”, then locate the "Cancel Subscription and Downgrade” button.
4.6.1.2. Cancel and delete your account by selecting “My Account”, under “Membership Details”, then locate the "Cancel Subscription and Delete my Account” button.
4.6.2. If you have a free Subscription, you can:
4.6.2.1. Delete your account by selecting “My Account”, under “Membership Details”, then locate the "Delete Account” button.
5. Your Fair Credit Reporting Act Rights
5.1. The Fair Credit Reporting Act (FCRA) allows you to obtain a file disclosure, that includes all the information in your credit file at the time of the request from each consumer reporting agency. View your Summary of Rights under the FCRA.
5.2. Under the FCRA, you are entitled to receive an annual free disclosure of your credit file from each of the nationwide consumer reporting agencies. For more details, visit Credit Report.
5.3. If you are a victim of fraud, view the Fraud Victim Bill of Rights.
5.4. It may be the policies of TransUnion, Equifax, and/or Experian to provide a complimentary copy of the consumer credit report under circumstances other than those identified in the Summary of Rights. You can contact TransUnion, Equifax, or Experian to obtain a copy of your credit report directly from such agency. For more details on how to dispute information contained in a TransUnion credit report file, visit our Disputes page.
5.5 Pre-Screen Opt-Out. Under the FCRA, the consumer reporting agencies are permitted to include your name on lists used by creditors or insurers to make firm offers of credit or insurance that are not initiated by you (Firm Offers). The FCRA also provides you the right to Opt-Out, which prevents consumer reporting agencies from providing your credit file information for Firm Offers. To opt-out of receiving pre-approved offers, please visit www.optoutprescreen.com.
5.5.1. If you choose to Opt-Out, you will no longer be included in firm offer lists provided by TransUnion, Equifax, Experian, and Innovis. If you are not receiving Firm Offers because you have previously completed a request to Opt-Out, you may request to Opt-In by going to www.optoutprescreen.com.
5.5.2. You understand and agree that the Pre-screen opt-out does not prohibit us from providing you with personalized offers, including pre-qualified offers, as a feature of the Subscription.
6. Our Service
6.1. What is the Service? Our Service includes all features and services owned, operated or licensed by TUI, including the content, features, tools, data, software and functions made available by TUI through www.transunion.com, our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service. We reserve the right to change how we operate and provide our Service at our sole discretion.
6.2. Our Services are Educational and do not include Professional Advice. All information in our Services is for educational purposes only. We are not a credit repair organization, credit counselor, debt relief company, or financial or legal advisor as defined by law. We provide access to your consumer credit report and related information, but we do not offer services or advice to improve your credit record, history or rating. You agree not to use our Services for these purposes. Our Service is not a substitute for professional advice regarding your finances or credit.
6.3. Credit Reports, Credit Monitoring and Credit Scores. Delivery of these features may be dependent on the ability to obtain your credit file and/or credit score from the Credit Reporting Agency. You will be notified if there is an issue. The credit files are separately maintained by each Credit Reporting Agency. TUI does not control and is not responsible for the Equifax or Experian enrollment process.
6.3.1. Credit Reports. The credit reports provided or requested through our Subscription do not constitute the disclosure of information by a consumer reporting agency as required by the FCRA or similar laws. The format of the credit report and related disclosures provided directly by such agencies to you may differ from those provided by TUI. The credit report provided through the Subscription has been designed for consumer ease-of-use. Color illustrations, analysis information and helpful links on the credit report are provided for educational purposes.
6.3.2. Credit Scores: VantageScore® 3.0 Credit Score by TransUnion.
6.3.2.1. What You Need to Know. The credit scores provided are based on the VantageScore® 3.0 model. Lenders use a variety of credit scores and are likely to use a credit score different from VantageScore® 3.0 to assess your creditworthiness.
6.3.2.2. Your Subscription may include a VantageScore® credit score. The VantageScore® Credit Score by TransUnion may help you understand how lenders may view your credit report. It is not an endorsement or loan qualification determination. Lenders may use credit scores to determine whether you are a good candidate for a loan and what interest rate to offer. Each lender has specific underwriting standards, so you should not assume that you will receive the same evaluation from each lender or that the score you receive is the same score used by a lender. As part of the underwriting process, they may incorporate additional information you provide and may obtain references. The information contained in your credit report reflects the latest data provided to the Credit Reporting Agency. Recent payments, new accounts, or hard inquiries may not yet be reflected. Likewise, if the information is not included in the applicable credit report it will not be reflected in your credit score based on such report. Also, accounts reported in dispute with a lender are not incorporated in the assessment of your credit score. This Service does not provide FICO® scores. The VantageScore® Credit Score by TransUnion may not be identical in every respect to credit scores produced by any other company.
6.3.3. Credit Monitoring. TransUnion Credit Monitoring is provided by TUI. The credit monitoring feature, depending on the features identified in your Subscription, monitors one or more of your credit files most closely identified with you based on multiple identifying factors. This feature may not alert you about all changes that occur on your credit file. This feature does not monitor or cross-reference your credit file(s) with the credit file(s) of any other person. There are different processing times to start monitoring at each Credit Reporting Agency, therefore you may not be enrolled in all of them at the same time. Monitoring with TransUnion usually begins within 48 hours of enrollment but may be delayed. Monitoring with Equifax and Experian takes, on average, approximately 4 days to begin.
6.4. Identity Protection Monitoring. If your Subscription includes Identity Protection Monitoring, TUI may have to exchange certain information about you with third parties to provide the Identity Protection features to you. The Identity Protection features includes the following: Criminal Activity Monitoring, Dark Web Monitoring, Address Change Alerts, and Name Change Alerts.
6.5. Monitoring Alerts. You understand and agree that any alerts (either credit monitoring or identity protection) provided by the Subscription may be delayed or prevented by various factors. TUI will strive to provide accurate and timely alerts, but does not guarantee their delivery or accuracy. TUI is not liable for any inaccuracies or delays in alerts, nor for any actions taken or not taken based on these alerts.
6.6. Educational Tools. If your Subscription includes Educational Tools, you may have access to the following for educational purposes: estimates, calculations, calculators, credit factor insights, credit calendars, potential actions, recommendations, comparison reports or analysis (collectively, the Educational Tools). Information entered in any Educational Tool does not impact your credit score(s).
6.6.1. THESE EDUCATIONAL TOOLS ARE ONLY ESTIMATES AND ARE FOR EDUCATIONAL USE ONLY. THE EDUCATIONAL TOOLS ARE PROVIDED TO YOU AS A COURTESY TO MONITOR YOUR CREDIT HEALTH AND TO MAKE INFORMED CREDIT DECISIONS ON YOUR OWN BEHALF. TUI, TRANSUNION AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE EDUCATIONAL TOOLS, NOR DO TUI, TRANSUNION, AND ITS SUBSIDIARIES AND AFFILIATES MAKE ANY GUARANTEES WITH REGARD TO THE EDUCATIONAL TOOLS OR AN INDIVIDUAL’S USE OF THE EDUCATIONAL TOOLS. THE EDUCATIONAL TOOLS ARE NOT AN OFFER OF CREDIT. THE EDUCATION TOOLS ARE BASED ONLY ON THE DATA WE HAVE AND OPTIONS OR INFORMATION SELECTED BY YOU AND WE DO NOT GUARANTEE THEIR ACCURACY.
6.7. Personalized Offers. Your Subscription will include personalized offers provided by third parties that advertise within our Services that are based on your credit data and other information collected in accordance with our Privacy Notice. These personalized offers may include additional insights such as pre-qualification and Approval Odds based on proprietary models. TUI receives compensation for the offers that appear on our Services. This compensation may impact how and where products appear (including, for example, the order in which they appear). We present a wide variety of offers, but the third party offers do not include all financial services companies or all products available. Please refer to the online provider’s application for details about terms and conditions. We work hard to maintain accurate information; however, all information is presented without warranty or guarantee as we do not control this information. Offers and terms are subject to change and may not be available to all consumers.
6.8. Third Party Links. The Services may contain links to third party websites that operate independently of TUI, TransUnion and its subsidiaries and affiliates and are not under our control. We provide these links solely for your convenience and information. TUI does not represent, guarantee, or endorse: (i) any website you may access from the Services; (ii) the company; or (iii) any of its offerings. We are not responsible for information provided by, or collected through, those websites or for any other use of those website. TUI is not responsible for any other form of transmission received from any linked sites. You are responsible for protecting your system from viruses and other invasive items. You expressly acknowledge and agree that we are not responsible or liable for any third party links, including, without limitation, any damages, losses, failures or issues caused by, related to or arising from such third party links. You should review all of the relevant terms, policies, representations or warranties associated with such third party links, including any privacy policies and terms of service. TUI reserves the right to terminate any link or linking program at any time. We disclaim any harm, including, without limitation, harm related to your personal information that may arise out of or relate to your access to or use of third party links, including third party links that are available on or through our Services.
6.9. Identity Restoration Services. If your Subscription includes Identity Restoration Services, this allows us to work on your behalf and provide our full line of restoration services, and to outline a restoration plan with you. TUI may have to exchange certain information about you with third parties to provide the ID Restoration Services to you. Services are provided in the English language. No guarantee of complete restoration. In no event shall TUI, TransUnion, its affiliates or subsidiaries be liable for consequential damages, for any delay in the Identity Restoration Services, or for loss of use of funds during the period that your service request is being processed. TUI, TransUnion and its affiliates and subsidiaries shall not be obligated to provide Identity Restoration Services, nor shall it be liable, if you have not provided complete, accurate and current information relating to your service request. TUI, TransUnion and its affiliates and subsidiaries are not obligated or responsible for providing Identity Restoration Services for any service request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed based on the quality of goods or services, (c) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits, (e) any losses, damages or expenses that were incurred or commenced prior to your Subscription commencement, and (f) theft or damages of traveler's checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.
6.10. Identity Theft Insurance. If your Subscription includes Identity Theft Insurance, the identity theft insurance benefit is underwritten and administered by insurance company subsidiaries or affiliates of American International Group, Inc. (collectively referred to as, AIG) under a master group policy issued to TUI for the benefit of those enrolled in the Subscription. A summary of the terms of coverage are set forth in the document located here. The complete policy is available from TUI on request. AIG administers all claims and TUI shall have no responsibility with respect to such identify theft benefit. If you were a free TransUnion Credit Monitoring subscriber on or before 02/10/2025 (Legacy Account), we will provide you your summary of the terms of coverage via email. If your Legacy Account is terminated or upgraded either by you or by TUI, the coverage under this policy will end, unless otherwise notified.
6.11. Buy Now, Pay Later. TUI is including some Buy Now, Pay Later (BNPL) installment loans, also known as “point-of-sale installment loans” on TransUnion credit reports. At this time, Buy Now, Pay Later (BNPL) information provided to TransUnion is visible to you, but scoring providers, lenders, insurers or other authorized companies that may access your TransUnion credit report will not be able to use this data. As a result, it will not affect credit decisions or credit scores calculated using TransUnion data. You may see BNPL information in our Education Tools.
6.11.1. In the future, Buy Now, Pay Later data may be factored into credit scores and credit decisions (for example, account opening or account review decisions). Lenders may use your BNPL installment loan information to better understand your history with credit and aid in their assessment of your creditworthiness. As with other loans, a history of making on-time payments on a BNPL loan may positively impact how lenders view you. A history of late payments may negatively impact how lenders view you.
6.11.2. Please note, credit monitoring and identity protection alerts based on Buy Now, Pay Later installment loans may not trigger an alert at this time.
6.12. Access to Regulatory Services. If you are a user of the TransUnion Service Center owned by TransUnion LLC, governed by the Digital Self Service Terms of Service, you have access to the TransUnion Service Center on your dashboard where you can manage a freeze, initiate a dispute, etc.
6.13. SMS and Messages. By registering for an account, you consent to receive a one-time verification text from TUI to confirm your identity. You may also receive automated text notifications to the telephone number associated with your account for account verification, support, and transactional messages, including credit monitoring alerts and profile updates. Message and data rates may apply for any messages sent or received. Message frequency varies. TUI will send these automated messages from this shortcode: [this will be updated once the shortcode is available]. After providing consent, you may continue to receive automated messages (including SMS). For assistance, text HELP or call 833-543-4353. You may opt-out by replying STOP or calling 833-543-4353. We will send a final SMS message to confirm that you have been unsubscribed.
6.13.1. Carriers are not liable for delayed or undelivered messages. Your mobile phone carrier may prohibit or restrict certain features of the Service and certain features may be incompatible with your mobile phone carrier or mobile device. Contact your mobile phone carrier with questions regarding these issues.
6.14. Mobile App. If you access the Service through a mobile app, you agree that TUI may send communications to your mobile device. You also agree that, we may collect information related to your use of the Service in accordance to our Privacy Notice.
6.15. Emails. You may stop receiving our marketing emails at any time by
(i) clicking on the “Unsubscribe” link found in these emails; or
(ii) by locating the "Notification Settings" tab of your account settings and select/unselect your notification preferences as desired.
6.15.1. You will still receive periodic transactional emails related to account information, alerts, updates, registration confirmation, and responses to direct requests you have made. You may stop receiving periodic transactional emails by terminating your account. See Section 4.6 (Cancellation and Deletion) for more details.
6.16. Communication Preferences. You agree to update your account information of any changes to your address, email or mobile number. You understand that if you change your email or mobile number and do not update your account, you may not receive information related to your account. Please note: you may not receive all text and email communications, so we recommend that you sign into your online account at least once per month to ensure that you receive all alerts related to your account. You certify, warrant, and represent that the telephone numbers that you have provided are your telephone numbers.
6.16.1. You can update your email in the “Login Info” tab in your Account
6.16.2. To update your email, locate the "Login Info" tab of your account settings.
6.16.3. To update your phone number or mailing address, locate the "Personal Info" tab of your account settings.
7. Term and Termination; Modification
7.1. This Agreement will take effect at the time you click to accept and shall terminate, when: (a) you terminate your account with TUI; (b) if TUI discontinues providing any Service, subject to your right to receive the Subscription benefits that you have paid for or to obtain a refund of a portion of your payment; or (c) for any reason at any time in TUI’s sole discretion.
7.2. This Agreement shall remain in effect any time you access or use Service. By accessing or using this Service, you acknowledge that you have read, understood, and agree to the Agreement and to follow all applicable laws and regulations. If you do not agree with the terms of the Agreement, do not use this Service.
7.3. TUI products shall not be used in a manner that defrauds or otherwise abuses the credit reporting or credit scoring systems. TUI has the right to suspend or terminate your use of any product or access to our sites if we determine, in our sole discretion, that your use of our products has abused the credit reporting or credit scoring systems. Further, you agree that TUI will not be liable to you or any third party if TUI suspends or terminates your access for any reason.
7.4. TUI may (i) change the terms of this Agreement; (ii) change the features of the Service, including eliminating or discontinuing any content or features, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Service before the modification takes effect. Changes will take effect immediately, or as specified in the notice. If you use the Service after TUI has notified you of any change, you agree to be bound by all the changes. You are expected to sign into the Service periodically to ensure familiarity with any posted notices.
7.5. See Section 4.5 (Refunds) for more details about refunds.
8. Ownership and Infringement
8.1. We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Service for lawful purposes in accordance with these Terms and our Privacy Notice.
8.2.The Service contains content owned or licensed by TUI, including name, logo, text, images, audio/visual works, icons and scripts (collectively, TransUnion Content). TransUnion Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and TUI, TUI owns and retains all rights in TransUnion Content and the Service.
8.3. You agree that you will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying TransUnion Content and you will not copy, reproduce, modify, adapt, or prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit TransUnion Content for commercial or public purposes without the prior express written permission from TUI.
8.4.The “tu” logo, TransUnion, and other trademarks, service marks, and logos (the “Trademarks”) used in this publication are registered or unregistered Trademarks of TransUnion LLC or their respective owners. Trademarks may not be used for any purpose whatsoever without the express written permission of the Trademark owner.
8.5. TUI respects the intellectual property rights of others, and we prohibit users of our Service from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report any issues or allegations of infringement, please contact us at Attn: Law Department, TransUnion, 555 West Adams Street, Chicago, IL 60661.
8.6. Unsolicited Idea Submission Policy. If you provide us with comments, suggestions, or ideas, it is not considered confidential. TUI reserves the right to publish or use any responses, questions or comments received for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions will be the property of TUI.
9. Disclaimer of Warranties and Limitation of Liability
9.1. Violation of these Terms may, in our sole discretion, result in termination of your account or any subscription Service. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Services to you.
9.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE, INCLUDING ALL CONTENT, MEMBERSHIPS, SUBSCRIPTIONS, AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SERVICE, IS PROVIDED TO YOU "AS IS". NEITHER TUI, TRANSUNION NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES OR AGENTS (“THE TRANSUNION PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND INFORMATIONAL CONTENT, OR THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICE, SUBSCRIPTIONS, PRODUCTS OR SERVICES, OR THAT OUR SERVICE, SUBSCRIPTIONS, OR PRODUCTS WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TRANSUNION’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL. TUI, TRANSUNION AND ANY OF ITS AFFILIATES AND SUBSIDIARIES DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR RESULT OR USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
9.3. YOUR USE OF THE SERVICE AND ITS CONTENT IS AT YOUR OWN RISK. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE TRANSUNION PARTIES WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISES IN CONNECTION WITH THE SERVICE (OR THE TERMINATION THEREOF FOR ANY REASON), ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR CONTENT, SUBSCRIPTIONS, PRODUCTS OR SERVICES, EVEN IF THE TRANSUNION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
9.4. TUI DOES NOT ENDORSE, APPROVE OR VERIFY ANY POSTED CONTENT ON THE SERVICE AND THE TRANSUNION PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SERVICE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SERVICE), FOR YOUR USE OF THE SERVICE, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICE OR RELATING TO THE SERVICE.
9.5. IN NO EVENT SHALL THE TRANSUNION PARTIES BE LIABLE FOR ANY LOSS ARISING OUT OF THE TRANSUNION PARTIES’ PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICE. IN NO EVENT SHALL THE TRANSUNION PARTIES BE LIABLE FOR ANY DELAY IN PROVIDING THE SERVICE, OR DAMAGES RESULTING FROM ANY DELAY IN THE SERVICE. IN NO EVENT SHALL THE TRANSUNION PARTIES HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN. IN NO EVENT SHALL THE LIABILITY OF THE TRANSUNION PARTIES EXCEED THE TOTAL AMOUNT OF FEES YOU PAID FOR THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTHS. IF YOU DESIRE TO MAKE A CLAIM AGAINST THE TRANSUNION PARTIES CONCERNING THIS AGREEMENT, OR THE SERVICE, YOU MUST FIRST NOTIFY TRANSUNION IN WRITING OF YOUR POTENTIAL CLAIM, THE GROUNDS FOR YOUR CLAIM, AND THE RELIEF YOU SEEK. YOU MUST ALLOW TRANSUNION NO LESS THAN THIRTY (30) DAYS TO ATTEMPT TO RESOLVE THE ISSUE PRIOR TO FORMALLY ASSERTING A CLAIM. IF YOU DO NOT, THE TRANSUNION PARTIES WILL NOT BE LIABLE TO YOU FOR THE CLAIM.
9.6. FOR NEW JERSEY RESIDENTS: Notwithstanding any terms herein, these Terms do not limit your rights or our obligations under any applicable statute or law, including types and amounts of recovery; nor do they excuse TUI from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you defend and indemnify us in the event that any loss is caused by our negligence.
10. Indemnification.
10.1. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE TRANSUNION PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE TRANSUNION PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF (I) YOUR USE OF THE SERVICE, OR (II) YOUR CONTENT YOU MAKE AVAILABLE BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO CONTENT, OR OTHERWISE, OR (III) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY PERSON OR ENTITY.
11. Our Privacy Notice.
11.1. By using our Service, you acknowledge receipt of our Privacy Notice and agree that we may use and share your personal information in accordance with the terms of our Privacy Notice. Our Privacy Notice explains how we collect and use your information. By registering and accessing any Service, you understand that we will be collecting certain data about your use of the Service in accordance with our Privacy Notice. If you do not want us to collect data about you, please do not access any Service.
12. Miscellaneous
12.1. Territorial Restrictions. TUI is based in the United States and provides its Services for use to persons located in the United States and its territories. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from the outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12.2. Policy Regarding Children. Our Service is not intended to be used by and we do not intend to collect information about individuals under the age of 18.
12.3. Notices. You should send any notices or other communications regarding our Services to TransUnion Interactive, Inc., P.O. Box 40 Woodlyn, PA. 19094-0040.
12.3.1. Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or if your email provided to us is not working, to any e-mail or mailing address that we believe belongs to you. See Section 6.16 (Communication Preferences for instructions on how to update your contact information.
12.4. Governing Law. The Agreement is governed by the laws of the State of Delaware, excluding conflicts of laws provisions. TUI can provide credit reports only for individuals who have established credit in the United States. Those who choose to access this Service or become a member in one of our Subscription programs, from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that all disputes arising under this Agreement or out of TUI's provision of products or services to you, your use of any of our Services, if submitted to a court of law, shall be submitted to the state and federal courts of New Castle County, Delaware, USA.
12.5. Waiver and Severability. No waiver by TUI of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the TUI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
12.6. Entire Agreement. This Agreement constitute the sole and entire agreement between you and TUI regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.