Terms & Conditions
Terms and Conditions for Morgan Stanley Identity and Credit Protection from Experian
ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all: (a) transactions between you and ConsumerInfo.com, Inc. ("CIC", “us”, “our”, or “we”) through the http://www.morganstanley.com/experian website, including, but not limited to, your use of Morgan Stanley Identity and Credit Protection from Experian and other products or services (including any data included therein) offered on the Product Website (as defined below), or in connection with the Morgan Stanley Identity and Credit Protection from Experian product, such as the 3 Bureau Credit Report and VantageScore® 3.0 Credit Scores (collectively, the "Products"); (b) your access to and use of the website located at http://www.morganstanley.com/experian (the "Product Website"); and (c) your access to and use of any calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship or other information, and all revisions, modifications, and enhancements thereto (the "Content").
Use of Website and/or Product
YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS, PRODUCT WEBSITE AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO THE PRODUCTS, PRODUCT WEBSITE AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, THE PRODUCT WEBSITE, OR CONTENT, OR ANY INFORMATION THEREIN, IMMEDIATELY AND CALL CUSTOMER CARE AT 866-926-9807 TO CANCEL YOUR MEMBERSHIP.
This Agreement may be updated from time to time. You should check the Product Website regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products, Product Website, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to the Product Website, delivered to you, or reasonably made available to you in writing by CIC. However, no unilateral amendment will retroactively modify the parties' agreed-to dispute resolution provisions of this Agreement for then-pending, formal legal disputes, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provision shall be governed by the section below regarding Dispute Resolution By Binding Arbitration.
USE OF THE PRODUCTS, PRODUCT WEBSITE AND CONTENT
In consideration of your order of, access to, and/or use of any Product, Product Website, and/or Content you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Product, when prompted to do so by the registration and application forms or requested to do so by CIC. By registering, you certify that you are eighteen (18) years of age or older. CIC may terminate your order of, use of, and/or access to any Product, Product Website, and/or Content at any time or for any reason, including, without limitation, if any information you provide is untrue, inaccurate or not current, or if CIC has reasonable grounds to suspect that such information is untrue, inaccurate or not current. Further, you agree that CIC will not be liable to you, your minor children or any third party if CIC suspends or terminates your order of, use of, or access to any Product, Product Website or Content, or any portion thereof, for any reason. This Agreement, as may be amended from time to time, between you and CIC shall be effective until the expiration or termination of this Agreement, the cancellation of your membership by you or CIC, or you discontinue your use of the Product, Product Website or Content. To cancel your membership in the Products, including Morgan Stanley Identity and Credit Protection from Experian, you must call Customer Care at 866-926-9807.
Because Morgan Stanley Identity and Credit Protection from Experian is available to you as a benefit of being a Morgan Stanley Cash Management customer, CIC reserves the right to verify your standing with Morgan Stanley at enrollment and on a periodic basis thereafter. In order to verify your continued eligibility to receive access to the Products, Content and Product Website, you hereby permit CIC to share with Morgan Stanley information about you, your account (including enrollment in benefits) and any other related information. If, at any time, Morgan Stanley notifies CIC that you no longer meet their product criteria (as may be defined by Morgan Stanley), CIC reserves the right to immediately terminate your access to and use of this Product, the Product Website and the Content. Should you have any questions or wish to discuss the Morgan Stanley eligibility requirements, please refer to your Morgan Stanley Cash Management literature or contact Morgan Stanley at 1-888-454-3965.
PERMISSIBLE PURPOSE AND CONSENTS
You understand and agree that by submitting your order you are providing "written instructions" in accordance with the Fair Credit Reporting Act, as amended ("FCRA"), for CIC, and its service provider, CSIdentity Corporation, an Experian company (“CSID), to obtain information from your personal credit profile from Experian Information Solutions, Inc. (the “Experian Bureau”) or any other credit reporting company and to obtain information from the personal credit profile, if any, of any minor child whom you have enrolled in Child Monitoring. You authorize CIC, and its service providers, including CSID, to access your credit profile (and those of any minor children whom you have enrolled in Child Monitoring) to verify your identity (or those of any minor children whom you have enrolled in Child Monitoring) and to provide credit monitoring, credit reporting, credit scoring, identity monitoring, fraud resolution and card registry products. You also authorize CIC, and its service providers, including CSID, to access your credit profile (or those of any minor children whom you have enrolled in Child Monitoring) to perform other functions related to providing the product(s) that you have ordered or may order, including to verify your identity or any certification that you may be required to make.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING CIC´S CUSTOMER SERVICE DEPARTMENT AT 866-926-9807. IN THE UNLIKELY EVENT THAT CIC'S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING THE PRODUCTS OR PRODUCT WEBSITE TO YOUR SATISFACTION (OR IF CIC HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. CIC WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND CIC WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) CIC and its service providers, including CSIdentity Corporation (“CSID”), on one hand, and You, on the other, agree to arbitrate all disputes and claims between us arising out of or relating to this Agreement to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Product, service, and/or your use of any Product Website subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us arising out of any Product, Product Website, or Content, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to "CIC," “CIC’s service providers,” “CSID,” "you," and "us" shall include our respective parent entities, subsidiaries, affiliates (including, without limitation, our service providers), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, Products or information under this or prior Agreements between us relating to the Products, services and/or Product Website. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and CIC and/or CIC’s service providers, including CSID, are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice''). The Notice to CIC should be addressed to: General Counsel, Experian, 475 Anton Boulevard, Costa Mesa, CA 92626 ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from CIC ("Demand''). If CIC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CIC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CIC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CIC is entitled.
You may obtain more information about arbitration from www.adr.org.
(c) After CIC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, CIC will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings.
The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless CIC and/or its service providers, including CSID, on the one hand, and you on the other, agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, CIC and/or its service providers, including CSID, will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse CIC and/or its service providers, including CSID, for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND CIC AND/OR CIC’S SERVICE PROVIDERS, INCLUDING CSID, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CIC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (f) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (f) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration.
(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if CIC makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any Product or service, including credit monitoring, or subsequent to your purchase of any Product or service, you may reject any such change and require CIC and/or its service providers, including CSID, to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Product or service by providing Notice to CIC at the Notice Address above prior to initiating your dispute.
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
- You have been denied credit, insurance or employment in the past 60 days as a result of your report
- You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification
- You are a recipient of public welfare assistance
- You have reason to believe that your file at the agency contains inaccurate information due to fraud
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from CIC to dispute inaccurate or incomplete information in your Experian file or to receive a copy of your Experian consumer disclosure.
The credit report you are requesting from CIC is not intended to constitute the disclosure of Experian information required by the FCRA or similar state laws. The Experian's National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by CIC. This disclosure report must be obtained directly from Experian by going to www.experian.com/dispute, or by calling 888-EXPERIAN.
The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax®, and TransUnion®) once every 12 months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the credit reports from each of the three national credit reporting companies that are available from CIC may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. CIC's Products are not related to the free FCRA disclosure that you are or may be entitled to.
MODIFICATION OF PRODUCTS
CIC may, at its discretion, modify or discontinue any of the Products, Product Website or Content, or any portion thereof, with or without notice. You agree that CIC will not be liable to you, your minor children or any third party for any such modification or discontinuance.
COMPLIANCE WITH LAW; NOTICE OF PROSECUTION
Your access and use of the Products, Product Website and Content must comply with all applicable laws, rules and regulations.
For online customers, access to and use of password protected and/or secure areas of the Product Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product Website may be subject to prosecution.
Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.
SECURITY MEASURES AND AUTHENTICATION
Because CIC uses security measures designed to protect your privacy and to safeguard your information, CIC may not always be able to successfully provide Products to you, including credit monitoring and/or online delivery of your credit report and scores for online customers. For example, for certain online Products, when the system is unable to authenticate you, you may be routed through a manual authentication process. CIC will send a private access code via U.S. mail to the address in your credit file, which you can use to access your account online. This process is normally completed within five (5) to seven (7) days. In the event that you are routed through a manual authentication process, it is your responsibility to complete authentication so that you can gain access to your membership on the Website. Your membership will continue and we will continue to monitor your credit report, all of which will be available to you once you complete authentication. For certain products, CIC cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times.
Multi-factor authentication (“MFA”) (if available with your Product) leverages a combination of factors (including IP Reputation Assessments, Anonymous proxy or browser usage, IP Location, Geo-velocity checks, and Device Identification/known device detection) to assess whether a second factor of authentication is required, and if so, a one-time passcode is delivered to you via SMS/text message, phone call, email, or potentially other methods. Messaging, phone, and data rates, and other fees may apply. While MFA adds an additional layer of security, it is not infallible or impenetrable. Services may not be available at all times.
You are responsible for maintaining the security and confidentiality of your account credentials and devices used to access the Products and accept responsibility for any third party access, unauthorized activity, and harm that may occur from such use.
CIC may use your personal information to the extent necessary to process your order, provide you with access and use of the Products, the Product Website and Content, and/or engage in business maintenance (including quality assurance).
You must have an email address and a compatible browser or mobile application to receive and/or access your Products via the internet. As an online (or mobile application) customer, you are agreeing to receive all notifications via email at the email address on file with CIC and/or via push notifications to your device. You are obligated to update the email address on file when your email address changes. In some cases, we require that you “opt in” or provide your affirmative consent to receive emails from us in order to receive Product alerts, notices and other communications from us. Where required, it is your responsibility to provide us with such affirmative consent so that we can provide all of the communications, including alerts of changes to your credit report. However, even if you choose not to provide the affirmative consent, once you have passed authentication, the Website and all of the valuable features of your membership are still available to you at any time by simply logging in. Accordingly, your membership will continue and the services will remain available whether you provide affirmative consent to receive e-mails or not. In the event that CIC is unable to deliver email messages to you, you agree to accept product notifications in an alternative method, such as direct mail or SMS messages. We strongly encourage you to select SMS messaging as an alternative method of receiving notifications and alerts. You may select this method by accessing your member homepage online and changing your Alert Settings. Please note, mobile messaging rates may apply. All service alerts are also accessible online in your Alerts Center of your account.
In the event that you 1) fail to complete authentication after being routed through our manual authentication process; or 2) fail to update your email address on file with CIC; or, if applicable 3) fail to provide your affirmative consent to receive email from us, and thus CIC is unable to deliver email messages to you, you nonetheless understand and agree that the Product will be fulfilled at the price agreed upon at the time that you placed your order.
DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PRODUCT WEBSITE AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. CIC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE PRODUCTS, PRODUCT WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM CIC DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. CIC MAKES NO WARRANTY THAT (I) THE PRODUCTS, PRODUCT WEBSITE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.
If you use the SSN Trace/Monitoring services, you represent and warrant to us that you will use such services (or any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.
If you are using an activation code to obtain a Product, you are restricted to a one-time use of such activation code. Any subsequent use of the activation code will result in immediate termination of any associated Products without notice and in accordance with the termination provision(s) in the section entitled "Use of the Products, Product Website and Content," found herein.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT CIC AND/OR ITS SERVICE PROVIDERS, INCLUDING CSID, WILL NOT BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE PRODUCTS, PRODUCT WEBSITE, CONTENT OR MEMBERSHIP BENEFITS, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON CIC, THEN YOU AGREE THAT CIC'S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR CHILDREN) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN) FROM CIC'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE YOU PURCHASE FROM CIC DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY.
NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
CIC offers access to your credit report, your VantageScore® 3.0 credit score, and other credit information. CIC and its affiliates are not credit repair organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Products, Product Website, and Content in order to do so.
Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of your credit score monitoring product but is provided free of charge to all consumers, regardless of whether they are members of the credit score monitoring product.
VANTAGESCORE 3.0 CREDIT SCORE
VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So, your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.
There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if your lender gives you a score that's different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
REGISTERING FOR ANY PRODUCT; ACKNOWLEDGEMENT OF MEMBER BENEFIT
To request a credit report or score, or enroll in any Product, you must have an address within the United States, provide a valid Social Security number, address, email address and date of birth and agree to be bound by these Terms and Conditions, as may be amended from time to time. In other limited circumstances, you may need to provide a valid telephone number so that CIC can process your order. CIC will then evaluate your complete registration information.
SPOUSE/ADULT CHILDREN NOT INCLUDED
CIC is not able to accept and process joint registration for two or more adults. Neither your spouse nor any other adult will be enrolled in any Product pursuant to your order.
FEATURES OF Morgan Stanley Identity and Credit Protection from Experian
Please consult the associated Product literature and/or Product Website for included Product features. If you are already a member, please log in to the Product Website for your applicable Product features. Product features are subject to change with or without notice.
Credit Monitoring Alerts. This feature seeks to monitor key changes in your Experian credit file at the Experian Bureau. CIC requests that the Experian Bureau enroll you in its credit monitoring program. In the event that you order a Product that includes three bureau credit monitoring, CIC requests that the Experian Bureau, Equifax, and TransUnion enroll you in their credit monitoring programs. You will only receive alerts for key changes made to the credit reports for which you are enrolled in credit monitoring. If you are not enrolled in credit monitoring at a credit bureau, you will not receive alerts to changes on those reports. If you are not enrolled in credit monitoring at any of the credit bureaus, then you will not receive this feature. However, other Morgan Stanley Identity and Credit Protection from Experian features may still be available to you.
Internet Surveillance Alerts. The Internet Surveillance feature scans the Internet for your Social Security number and up to three debit or credit cards. We will not automatically scan the internet for your personal information. You must activate the Internet Surveillance feature in your Member Center. If you do not activate this feature, your social security number, debit card(s) or credit card(s) will not be monitored on the web. You must provide us with the information that you would like for us to monitor and scan on the internet in areas known for criminal activity. We will send you an alert if your information is detected in the method chosen by you; either email, United States Postal Service, or SMS mobile text message (rates may apply). The Internet Surveillance feature is provided by CIC and a third-party vendor. Because the internet is vast, CIC and its service providers cannot guarantee that Internet Surveillance Alerts, including any internet surveillance scans and reports, will detect all possible instances of identity theft and/or potentially fraudulent, or otherwise improper, use of your information. Certain information contained in Internet Surveillance Alerts may be obtained from criminal activities monitored on the Internet. Because of the dynamic nature of this data, the exchange platforms, and the fact that it may have been obtained from criminals, among other considerations, CIC cannot guarantee the accuracy or completeness of the Internet Surveillance Alerts provided. Please understand that the third-party databases monitored to enable Internet Surveillance Alerts are subject to change.
Identity Alerts. This feature will notify you if your personal information is used to open new credit cards, checks, and other financial activities.
Demand Deposit Alerts. This feature will notify you when there is a new checking or savings account application or an account change using your personal information.
United States Postal Service® Change of Address Monitoring and Alerts. This feature checks for changes to your registered mailing address and alerts you if an address change is detected. The following trademarks are owned by the United States Postal Service: NCOA and United States Postal Service. NCOALink processing is performed by a non-exclusive licensee of the United States Postal Service.
Dormant Account Alerts. This feature alerts consumers when dormant trade accounts (accounts that have not been used in over six months) on your Experian credit file become active again (or otherwise indicate they have been recently used). This feature is subject to successful enrollment in dormant account monitoring alerts with the Experian Bureau.
Score Monitoring Alerts. This feature offers monthly score monitoring for the Experian Bureau’s VantageScore. When product membership is created, customers are automatically set up to have their Experian Bureau VantageScore monitored monthly. If their score changes within certain specified parameters (there are default settings, then the user can set their own parameters), the subject consumer will be notified of the change. This feature is subject to successful enrollment in score monitoring alerts with the Experian Bureau.
Credit Reports and Credit Scores. Upon successful enrollment, you will receive your credit report(s) from the Experian Bureau, Equifax and TransUnion, to the extent such report(s) are available. In some cases, you may receive credit score(s) with your credit report(s).
Lost Wallet/Card Replacement Service. This feature allows you to call us and receive assistance from a CIC call center agent to cancel or replace any credit cards, debit cards or medical insurance cards registered with the service. Credit cards and debit cards that appear on the credit file are automatically registered. Other cards not appearing on the credit file need to be registered once you have completed your enrollment. In some cases, the card issuer may not allow our fraud resolution agents to cancel and reissue your credit or debit card without you on the call. If this happens, we will attempt to request that a block be placed on that card and notify you to contact your card issuer directly. Please see the Product Website for more details.
CREDIT MONITORING - ADDITIONAL TERMS AND CONDITIONS
(Applicable for the following products: Morgan Stanley Identity and Credit Protection from Experian and Child Monitoring.)
Your membership in credit monitoring is effective when you are successfully enrolled at each bureau and continues so long as you continue to be eligible for this Product, as specified by Morgan Stanley to CIC. Should you choose to discontinue your membership for any reason, you may cancel your membership by calling the toll-free number listed on this Web Site, or by calling 866-926-9807, or online, if that option is applicable and available to you.
Please note, there are different processing times across the credit bureaus, therefore you may not be enrolled in all of them at the same time. Monitoring with Experian typically begins within 48 hours of enrollment in the Product. Monitoring with Equifax and TransUnion typically takes approximately 4 days to begin. CIC does not control and is not responsible for the enrollment process.
When you order a credit monitoring product from CIC that monitors credit files at three credit bureaus, CIC requests that Experian, Equifax and TransUnion enroll you in their credit monitoring programs.
Your order of any tri-bureau credit monitoring product, which may include monitoring your credit file at the three credit bureaus, is conditioned upon successful enrollment by at least one credit bureau in its credit monitoring program. If no credit bureau is able to enroll you in its credit monitoring program, you will not receive alerts or monitoring of changes to any of your credit files. In the event that one or two credit bureaus, but not all three credit bureaus, is able to enroll you in their credit monitoring, credit monitoring will be provided by the bureau or bureaus that were able to enroll you; you will not receive alerts or monitoring of changes to the credit files of the bureau or bureaus that were not able to enroll you in their credit monitoring program.
In the event you order a three-bureau credit monitoring product, by placing your order, you agree that, if fewer than all three credit bureaus enroll you in their credit monitoring, CIC is authorized to monitor only the credit file(s) at the bureau or bureaus that enrolled you and you will not receive a price reduction, discount, or refund. CIC will notify you in the event that fewer than all three credit bureaus enroll you in credit monitoring.
CHILD MONITORING - ADDITIONAL TERMS AND CONDITIONS
Registration in CHILD MONITORING
By registering in Child Monitoring, you certify that you are eighteen (18) years of age or older. Your use of Child Monitoring is conditioned upon your order of Morgan Stanley Identity and Credit Protection from Experian and your successful enrollment in the product. If CIC is not able to enroll you in Morgan Stanley Identity and Credit Protection from Experian, your entire order - including use of Child Monitoring to monitor the identities of your minor children - will be cancelled and you will not receive alerts or monitoring of changes to your credit files nor alerts or monitoring regarding the identities of your registered minor children.
If you are successfully enrolled in Child Monitoring, credit monitoring alerts will be delivered to the email address or the mailing address that was given to CIC when you enrolled. It is your responsibility to update your address if it should change.
CHILD MONITORING - Additional Terms
Your use of Child Monitoring is effective for the period covered by your Morgan Stanley Identity and Credit Protection from Experian membership and continues so long as you remain eligible for this Product as specified by Morgan Stanley.
CHILD MONITORING - Monitoring of Children
The monitoring that will be performed regarding minor child(ren) you register in Child Monitoring is different than the monitoring for persons over age 18. On a monthly basis, CIC will request an Experian credit report for each registered child, and will review that report for any material data (that is, any other data other than personal information such as name, address and Social Security number) that has been returned. If material data exists, CIC will notify you via email alert process within 24 hours of the report being returned to CIC. In the event that material data is found, you agree to provide any documentation that may be requested by CIC, including, but not limited, to a copy of the child's Social Security card, a copy of the child's birth certificate, proof of your identification, and proof of your residence, in order to verify your status as a parent or guardian of the registered child, before any information about the material data will be released to you.
Registration of Minor Children in CHILD MONITORING
You may enroll up to five (5) minor children for whom you are the parent or guardian through the on-line process. You may enroll additional minor children for whom you are the parent or guardian by contacting customer care at the number published on the Product Website, and providing the requested information and/or documentation including, but not limited to, a valid Social Security number and date of birth for each minor child. In certain circumstances, you may not be permitted to register children on-line. In such circumstances, you may register children by contacting customer care and following the procedures specified in this paragraph. Children that have reached the age of 17 years and 9 months are not eligible to be registered in Child Monitoring.
Certification as Parent or Guardian of Children Enrolled in CHILD MONITORING
A “Child” is defined as a minor under the age of eighteen (18). We will provide information about a Child only to the Child’s parent or legal guardian. You certify that you are the parent or legal guardian of each child whom you enroll in Child Monitoring and that you understand and agree that enrollment may require CIC and/or its service providers, including CSID, to obtain information about those children from a credit reporting company, if applicable, and that any information about those children that you obtain from CIC and/or its service providers, including CSID, will be used solely for the purpose of protecting against or preventing actual or potential fraud with respect to the children whom you are enrolling or have enrolled in Child Monitoring..
Automatic Disenrollment of Children from CHILD MONITORING Prior to 18th Birthday
Enrollees in Child Monitoring are no longer considered a Child when they reach their eighteenth (18) birthday, and CIC and/or its service providers, including CSID, reserve the right to automatically unenroll any person enrolled in Child Monitoring within seven (7) days before their eighteenth (18th) birthday, based on the date of birth information provided by you in the registration process. After that time period, you will not receive monitoring of any sort regarding that person.
CREDIT REPORTS AND CREDIT SCORES - ADDITIONAL TERMS AND CONDITIONS
(Applicable for the following Products: 3 Bureau Credit Report and VantageScore® 3.0 Credit Scores, Experian Credit Report and VantageScore® 3.0 Credit Score)
When you use any Product, Product Website and/or Content to access your personal credit report and/or credit score, you are certifying that you understand and agree to the following:
- After you complete enrollment, we will provide you with 3 Bureau Credit Report and VantageScore® 3.0 Credit Scores.
- Your order will not be processed if we are unable to provide you with reports and/or scores from all three bureaus (Experian, Equifax, and TransUnion) at the time of enrollment.
- On a monthly basis following your successful enrollment, we will provide you with a 3 Bureau Credit Report and VantageScore® 3.0 Credit Scores, to the extent such are available from the Bureaus. These monthly credit reports and scores will be delivered to you even if one of the bureaus (Experian, Equifax, and TransUnion) fails to provide a credit report or score.
- You may access your credit report and/or score for 12 months from the date of delivery of such report or score (as applicable).
- If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting the credit reporting company that supplied the information, as indicated in your credit report.
- For online customers, if you are inactive (have not clicked on an item or refreshed the page) for a certain period of time when reviewing your credit report and/or credit score online, your session will conclude and you will be logged out for your protection.
Disclaimers: You acknowledge that the information provided to you through the VantageScore® 3.0 Credit Score, including the score factors derived from the elements in your credit report, may change over time as your credit report changes. You also acknowledge that the score factor information on how to monitor your credit position assumes there will be no adverse changes in your credit performance. CIC is not responsible for the accuracy or contents of your credit file, including but not limited to information delivered in the credit report and/or score products. Please note that pursuant to section 609f of the FCRA, consumers can obtain their credit score at any time for a statutorily set fee.
FRAUD RESOLUTION - ADDITIONAL TERMS AND CONDITIONS
(Applicable for the following products: Morgan Stanley Identity and Credit Protection from Experian and Child Monitoring)
Obtaining Assistance: There are certain steps that you MUST FOLLOW in order to obtain assistance from a fraud resolution representative ("Assistance"). These steps include contacting a Customer Service Representative by calling 866-926-9807.
If you are a victim of Identity Theft (as defined below), which is defined for the purpose of this section as the act of knowingly transferring or using, without lawful authority, a means of identification with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law or a felony under applicable state or local law ("Identity Theft"), and you incur problems or suffer damages, you may call the number listed in the My Credit Center area on this Website, or call 866-926-9807 and make a request for Assistance. Upon acceptance of your request, a CIC fraud resolution representative will contact you. If you contact CIC regarding fraud resolution, you are agreeing to permit CIC to order a copy of your credit report for any purpose relating to your request for Assistance.
If you are requesting Assistance regarding an enrolled child, you will be required to re-certify your status as parent or guardian, and provide documents requested by CIC to verify your status as parent or guardian, including, but not limited to, the child's Social Security card and birth certificate, valid proof of your identification, and proof of your residence.
DISCLAIMERS: THE FRAUD RESOLUTION BENEFIT (INCLUDING ANY ASSISTANCE) IS DESIGNED TO HELP YOU PROTECT YOURSELF FROM IDENTITY THEFT VULNERABILITIES. THE SERVICE IS PROVIDED IN ADDITION TO ANY PRECAUTIONS YOU SHOULD REASONABLY BE EXPECTED TO TAKE, INCLUDING PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER PERSONALLY IDENTIFYING INFORMATION. CIC'S FRAUD RESOLUTION ASSISTANCE DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE. CIC DOES NOT GUARANTEE THE ACCURACY OF LIEN, JUDGMENT, INVESTMENT, OR CRIMINAL SEARCHES IT MAY PERFORM ON YOUR BEHALF.
CIC is not obligated or responsible for providing Assistance for any 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) losses, damages or expenses that were incurred or commenced prior to the membership, or (f) theft or damages of traveler's checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.
Reservation of Rights: CIC (including, for the purposes of this section, its agents, independent contractors, assigns or other expressly authorized third party), reserves the right to make an independent investigation of the facts and circumstances related to any Assistance request, including making contact by telephone, email, US Postal Service or otherwise, any service provider or related party it deems necessary, at its sole and absolute discretion and expense, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your Assistance request.
CIC reserves the right to request that you provide corroborating evidence of the unauthorized transaction, Identity Theft or other facts related to your Assistance request, including a signed affidavit, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that we may deem necessary and reasonable. Further, CIC reserves the right to refuse any Assistance request or provide any Assistance in the event you fail or refuse to provide us with any requested corroborating evidence related to the Identity Theft.
CIC reserves the right not to provide you with any Assistance or discontinue your membership in the event CIC determines that you knew, or should reasonably have known, of an act of Identity Theft that commenced prior to the membership. If at any time you cancel your membership, CIC is no longer obligated to provide any fraud resolution assistance.
EXPERIAN CREDITLOCK – ADDITIONAL TERMS AND CONDITIONS
(Applicable only if Experian CreditLock is available in your Product)
By requesting an Experian CreditLock to be placed on your behalf, you are requesting to restrict most third party access to your Experian credit report. You acknowledge that your Experian credit report, when locked with Experian CreditLock, may still be accessible by third parties in certain instances deemed to be low-risk by CIC, including access to your Experian credit report by the following third parties: (1) You, as part of any Product offering Experian CreditLock as a benefit; (2) potential employers or insurance companies; (3) companies that have an existing credit relationship with you; (4) collection agencies acting on behalf of companies or individuals on a debt you may owe and related collection activities; (5) government agencies in connection to a child support claim, or government investigations; (6) personalized credit opportunities and other offers for products or services that may be available to You through CIC or through unaffiliated third parties, such as credit card offers, if you choose to receive them; and (7) companies providing pre-screened credit card offers. Please understand that your Experian credit report will be unlocked if you cancel a Product that includes Experian CreditLock as a benefit, or downgrade to a Product that does not include Experian CreditLock as a benefit.
Your Experian CreditLock will restrict delivery of your Experian credit report only, and does not apply to your TransUnion or Equifax credit report. To lock or place a security freeze on your Equifax or TransUnion credit report, you will need to contact those bureaus directly. While Experian CreditLock may include some functionality similar to security freeze programs required under certain laws, you acknowledge that Experian CreditLock is a separate service from, and not equivalent to, such security freeze programs. For more information about the Experian security freeze program (including availability and applicable fees), please contact Experian at 1-888-EXPERIAN.
FINANCIAL TRANSACTION MONITORING – ADDITIONAL TERMS AND CONDITIONS
(Applicable only if Financial Transaction Monitoring is available in your Product)
1. Consent to Access and Store Account Data. To use the Financial Transaction Monitoring Service, you will be asked to provide account or user credentials (“Account Credentials”) for eligible accounts at participating financial institutions (“Linked Accounts”). You understand and agree that CIC, CSID and our service providers, including Finicity Corporation, and others used to obtain your account information, may use your Account Credentials to access, use, and store your financial account data, including financial transaction data, from Linked Accounts (“Consumer Consent Transaction Data”) for the purpose of facilitating the operation of, and improvements to, Financial Transaction Monitoring and other services, and other uses for which you grant permission, quality assurance and auditing, and as otherwise provided in these Terms and Conditions for Linked Accounts. Please note that Financial Management Transaction may not be available for all of your accounts, and we reserve the right to add, remove, or modify any types of monitored transactions at any time.
2. Accurate and Current Account Credentials. You are responsible for ensuring that your Account Credentials are accurate and up to date for this and other features. If we lose connectivity to your Linked Accounts for any reason, including incorrect account credentials, you understand that CIC and its service providers will not be able to monitor and provide alerts for such accounts. The scope and type of alerts provided through Financial Transaction Monitoring may vary based on the participating financial institution or account type.
3. Analytical Data. In order to operate and improve the Financial Transaction Monitoring service (or other Services using information from Linked Accounts), and for other related research purposes, CSID may compile data concerning your financial transactions. This complied data may be used by CSID and their respective service providers to conduct certain analytical research, performance tracking benchmarking, and analytics.
ADVERTISEMENTS AND OFFERS FROM MARKETING PARTNERS
You acknowledge and agree that CIC may display advertisements or offers for products unrelated to the Products, the Product Website and any Content. These offers are unrelated to your Morgan Stanley Identity and Credit Protection from Experian product and are provided to you by CIC’s marketing partners, Morgan Stanley and Morgan Stanley’s marketing partners. You further acknowledge and agree that it is your choice whether or not to apply for an offered product or service. CIC does not guarantee that you will be presented with an offer for any particular types of products or services, or that you will meet the approval criteria for any particular offer.
All representations made in these advertisements are solely attributable to the third party that has provided the advertisement to CIC for display to you. CIC disclaims all responsibility for representations or claims made within any advertisements presented to you. These offers are fulfilled by third parties through such third parties’ websites, and you acknowledge and agree that you assume all responsibility for any claims arising out of accepting any such offer and your use of any such products.
IDENTITY THEFT INSURANCE
Identity Theft Insurance is underwritten by insurance company subsidiaries or affiliates of American International Group, Inc. (AIG). 175 Water Street, New York, New York 10038. Please refer to the actual policies on this site for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions.
You acknowledge and agree that CIC's name, the CIC Logo, page headers and other terms, phrases, graphics, logos, icons, and the overall look and feel of CIC Product Websites are common law or registered trademarks, service marks, and/or trade dress of CIC (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. CIC Marks may not be used in connection with any product or service that is not CIC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CIC. All other trademarks, product names, or logos not owned by CIC that appear on this Product Website are the property of their respective owners.
All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of CIC or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of CIC or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent.
Certain aspects of the Product Website as well as features and services accessible from the Product Website may be covered by one or more of the following: U.S. Patent Nos: U.S. Patent No. 6,321,339; U.S. Patent No. 6,282,658; U.S. Patent No. 6,263,447; U.S. Patent No. 6,496,936; U.S. Patent 7,234,156; U.S. Patent 6,857,073; and U.S. Patent 7,841,004.