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Terms and Conditions

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

    These Terms and Conditions ("Terms and Conditions") apply to all transactions between you as the member ("you", "your" or "Member") and MIS, including, without limitation, your access to and use of the www.merchantsinfo.com website and any information and resources available therein ("Website"), all transactions conducted through the Website, and your purchase of identity theft services and products offered by MIS (individually and collectively, "MIS Products and Services"). These Terms and Conditions also apply to your purchase of credit reports and related services offered by TransUnion Interactive Inc. ("TUI") as set forth in Section 2 and 3 below.

    The Website is intended for users who are eighteen (18) years of age or older. MIS will only provide MIS Products and Services in the United States, or territories where U.S. law applies ("Territory"). U.S. military and support personnel stationed in foreign countries are eligible for these services.

    By using the Website, you represent and warrant to MIS that you are eighteen (18) years of age or older and that you agree to abide by these Terms and Conditions.

  2. Acts of Third Parties

    MIS is not responsible for the failure of TUI or any other third party to deliver to you credit reports, credit related services or any non-credit services.

  3. Applicability of Terms and Conditions to Orders for Credit Products and services

    These Terms and Conditions are made between you and TUI, the providers of the credit reports and related services (as defined in this Section 3 below) and apply to all transactions involving the credit reports and related services through the Website. By submitting your order, you acknowledge receipt of TUI Privacy Notice, confirm your authorization for TUI to obtain your consumer report ("Basic Report"), scores ("Scores") and other enhancements to the Basic Report, and agree to these Terms and Conditions. For purposes of these Terms and Conditions, the term "Credit Reports and Services" includes the Basic Report, Scores and other enhancements to the Basic Report and related services, individually or collectively, as the context requires and as described in more detail in Section 3(b).

    The Website is intended for users who are eighteen (18) years of age or older. Credit Reports and Services are only available to residents of the United States and its territories. TUI will only provide Credit Reports and Services in conjunction with agencies and institutions in the United States, or territories where U.S. law applies ("Territory"). By using the Website, you represent and warrant that you are eighteen (18) years of age or older, that you agree to abide by these Terms and Conditions and that you are a resident of the United States.

    1. Description of Credit Reports and Services
      1. Credit Reports and Credit Scores are provided by TUI once you successfully complete the authentication process. Credit Reports and Scores can be accessed for up to 180 days after the delivery date. Scores are calculated at the time the score is requested and will change over time as information in your credit file changes. There are many different scoring models in the marketplace and each may have a different scale and use different factors. Additional credit reports and scores can be purchased and will also be available for access for up to 180 days.
      2. Credit Monitoring is provided by TUI once you successfully complete the authentication process and will provide credit monitoring and credit alerts in the event of changes to your credit file.

      All Credit Reports and Services offered on this Website by TUI are subject to these Terms and Conditions, which may be updated from time to time. Please check this Website regularly for updates to these Terms and Conditions.

    2. Use of the Credit Products and Services

      In consideration of your use of the Credit Products and Services, you agree to provide true, accurate and current information about yourself as prompted by the application form. You certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if TUI has reasonable grounds to suspect that such information is untrue, inaccurate or not current, TUI, at their sole discretion, has the right to suspend or terminate your use of any Credit Products and Services and refuse all current or future access to use of the Credit Products and Services or suspend or terminate any portion thereof. Further, you agree that TUI will not be liable to you or any third party if TUI suspends or terminates your access to the Credit Products and Services for any reason.

      TUI obtains credit information used to prepare Credit Reports from the three national credit repositories (Equifax, Experian, TransUnion, collectively, the "CRA Repositories"). The Credit Reports TUI provides are intended to furnish you with information that you may not otherwise have readily available to you, but should not be relied upon for important personal and financial decisions. You should consult your own professional adviser for specific advice tailored to your personal situation.

    3. Authentication of Identity

      If you order Credit Reports and Services from TUI, you will be required to authenticate your identity prior to accessing those Credit Reports and Services by correctly answering questions about your credit history and other information unique to you.

    4. Benefit Period for Credit Reports and Services

      Your benefits begin on the effective date stated in a written confirmation of your order delivered to you by MIS. The term or duration of Your benefit period, including, without limitation, any renewal terms, if applicable, will be stated in a written confirmation of your order delivered to you by MIS.

  4. Acceptance of Terms and Conditions

    By using or visiting the Website you signify your agreement to be bound by these Terms and Conditions, MIS' Privacy Policy, incorporated herein by reference and available at www.merchantsinfo.com, and all laws and regulations applicable to the MIS Products and Services and information offered by MIS, and, if you order Credit Reports and Services TUI, with all laws and regulations applicable to the Credit Reports and Services, whether or not you create an account, register as a member or purchase MIS Products and Services and/or Credit Reports and Services. MIS may, in its sole discretion, modify these Terms and Conditions from time to time and such modified Terms and Conditions shall supersede any prior versions of the Terms and Conditions. Your continued use of the Website and/or purchase of MIS Products and Services constitutes your acceptance of such modifications and your subsequent use of the Website and MIS Products and Services shall be governed by the latest version of the Terms and Conditions. The Terms and Conditions are effective until terminated by MIS. In the event of termination, the MIS Intellectual Property, Disclaimer of Warranty; Limitations of Liability and Indemnification provisions set forth in these Terms and Conditions shall survive. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE OR ORDER OR USE ANY MIS PRODUCTS AND SERVICES OR CREDIT REPORTS AND SERVICES.

  5. Limitations Related to Products and Services

    Neither MIS or TUI shall be obligated or responsible for providing MIS Products and Services or Credit Reports and Services for any request based on: (i) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you; (ii) authorized charges that you have disputed based on the quality of goods or services; (iii) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions; (iv) losses, damages or expenses arising out of any business pursuits; (v) losses, damages or expenses that were incurred or commenced prior to the effective date of your MIS Products and Services order confirmation or Credit Reports and Services; or (vi) theft, loss or damage related to, without limitation, traveler's checks, tickets of any kind, negotiable instruments, cash or its equivalent, passports, documents or real property.

  6. MIS Product, Feature and Service Descriptions:

    Please refer to the solution(s) offered by your sponsoring organization and to the specific Summary of Benefits. You will receive a copy upon successfull activation of your membership that references the products, features and services included in your membership.

  7. When Your MIS Benefits Start

    Your benefit period, including, without limitation, any renewal terms, if applicable, will be stated in a written or electric confirmation of you order delivered to you by MIS or your sponsoring organization.

  8. Product Fees and Payment

    If you are paying for these benefits directly to the sponsoring organization then the terms and conditions provided by the sponsoring organization will apply. If you are paying for these benefits directly to MIS, then the following terms will apply:

    1. Charges - Based on your authorization, payments will be deducted from the credit or debit card you provided on a monthly or annual frequency in the amount indicated. With sixty (60) days prior written notice to you at the email address on file for you, MIS reserves the right to adjust the pricing. You are under no obligation to continue the program (see Cancellation below).
    2. Cancellation - If you wish to cancel the plan, please call the customer service number shown below. If you are paying monthly, the plan will be canceled at the end of the month in which the cancellation request is received. You are responsible for making payment for the months during which benefits are in effect. If you have paid on an annual basis, the plan will be canceled at the end of the month in which the cancellation request is received and we will refund any unused portion of the annual payment.
    3. Lapse for Non-Payment - You may elect to pay for benefits on a monthly or annual basis. If payment is not received on the due date for the benefit period you have elected, a notice of cancellation ("Notice of Cancellation") will be sent by email to the email address on file for you each day for ten (10) days. If payment is not received within ten (10) days after the initial Notice of Cancellation is sent, the plan will be terminated, effective on the day of cancellation. If you, or an eligible family member, is engaged in the recovery process an attempt will be made to contact you by phone in addition to the email Notice of Cancellation. Recovery and other MIS Products and Services will cease at the point at which the plan is terminated for non-payment.
  9. Use of the Website and Products

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

    You agree to provide true, accurate, complete and current information to MIS about yourself in the Website or for any MIS Products and Services. If MIS determines or reasonably suspects that any information you provided to MIS is false, incomplete or inaccurate, MIS may, in its sole discretion, suspend or terminate your access to and use of the Website and the MIS Products and Services and block all future access to and use of the Website and MIS Products and Services. You further agree that MIS will not be liable to you, your family members and any other person if MIS suspends or terminates your access to and use of the Website and the MIS Products and Services;

    1. You agree not to copy, post, publish, broadcast, display, distribute or otherwise make available the Website, in whole or in part, in any medium, form or format, now known or later developed, without MIS' prior written authorization;
    2. You agree that the Website and MIS Products and Services are provided solely for your personal use;
    3. You agree not to alter, modify or reverse engineer or compile any part of the Website, including, without limitation, MIS Products and Services, software programs and applications provided through the Website;
    4. You agree not to sell access to the Website;
    5. You agree not to provide unauthorized access to the Website. Access to and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
    6. You agree not to access or attempt to access any portion of the Website to which you have not been granted access, including, the private account information of other users of the Website. Access to and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
    7. You agree not to use or launch any automated system, including, without limitation, "robots," "spiders" or "offline readers" that access the Website in a manner that sends more requests to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line browser;
    8. You agree not to harvest or collect email addresses or other personal and financial information of other users from the Website by electronic or other means for the purposes of sending unsolicited communications or improper or illegal activities;
    9. You agree not to use the Website in any manner that could damage, disable, overburden or impair the Website;
    10. You agree not to upload, post, transmit, share or otherwise make available material that is obscene, pornographic, offensive, discriminatory, false, harmful, harassing, defamatory, libelous or violates the rights of any third-party, including, without limitation, trade secret, patent, copyright, trademark, privacy or publicity;
    11. You agree not to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
    12. You agree to use the Website in a manner that complies with all applicable local, national and international laws and regulations.
  10. Modification of the Website and MIS Products and Services

    MIS may at any time, in its sole discretion, with or without notice to you, modify or discontinue providing the Website or any of the MIS Products and Services or any portion thereof. You agree that MIS will not be liable to you or any other person for any modification or discontinuance of the Website or MIS Products and Services.

  11. Disclaimer of Warranty; Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND MIS PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND MIS PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. MIS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, THAT THE WEBSITE AND MIS PRODUCTS AND SERVICES ARE FREE FROM BUGS, VIRUSES, HACKERS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR MIS PRODUCTS AND SERVICES WILL BE RELIABLE. THE INFORMATION CONTAINED IN THE WEBSITE, THE MIS PRODUCTS AND SERVICES OR OTHER MATERIALS YOU MAY RECEIVE FROM MIS DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. IN CONNECTION WITH YOUR PURCHASE AND USE OF THE MIS PRODUCTS AND SERVICES, YOU ARE EXPECTED TO TAKE REASONABLE PRECAUTIONS, INCLUDING, WITHOUT LIMITATION, PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER PERSONALLY IDENTIFYING INFORMATION. MIS PRODUCTS AND SERVICES DO NOT CONSTITUTE A CONTRACT OF INSURANCE. MIS DOES NOT GUARANTEE THE ACCURACY OF LIEN, JUDGMENT, INVESTMENT, OR CRIMINAL SEARCHES IT MAY PERFORM ON YOUR BEHALF. MIS ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE WEBSITE OR MIS PRODUCTS AND SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE OR MIS PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY PERSON OR ENTITY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR MIS PRODUCTS AND SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, PRODUCTS OR SERVICES OR ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE OR THE MIS PRODUCTS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MIS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. MIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY OTHER PERSON OR ENTITY, WHETHER OR NOT A SUPPLIER, THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND SUPPLIERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  12. MIS Intellectual Property

    You acknowledge and agree that the Website and MIS Products and Services, including, without limitation, formulae, specifications, pricing, content, applications, trademarks, graphics, photographs, information, software, including, without limitation, source and object code, scripts, promotions, events, programs and interactive features provided by or for MIS, whether in whole or in part, (individually and collectively, "MIS Intellectual Property") is owned by and the exclusive property of MIS or its licensors, subject to trademark, copyright patent, trade secret and other intellectual property rights and laws. You further agree that you have no right, title or interest in MIS Intellectual Property and that you shall not use any MIS Intellectual Property without MIS' prior written consent. You hereby grant to MIS a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid-up, right and license to use, copy, modify, transfer and distribute your personal information to provide the MIS Products and Services and in connection with MIS business operations.

  13. Indemnification

    You agree to defend, indemnify and hold harmless MIS, its officers, directors, members, managers, employees, agents, predecessors, successors, insurers, and assigns for, from and against any and all claims, damages, obligations, losses, liabilities, judgments, costs, penalties, fees, fines, interest, debt and expenses (including, without limitation, attorneys' fees and expert witness fees) arising from: (i) your use of and access to the Website and MIS Products and Services; (ii) your violation of any provision of these Terms and Conditions; and (iii) your violation of any law or other regulation or any third-party right, including, without limitation, any trade secret, patent, copyright, trademark, property, publicity or privacy right. This indemnification obligation shall survive the termination of these Terms and Conditions and the termination of your use of the Website and MIS Products and Services.

  14. Miscellaneous

    You agree that: (i) the Website and provision of MIS Products and Services shall be deemed solely based in Arizona; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over MIS, either specific or general, in jurisdictions other than Arizona. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of laws principles. MIS and you agree that the state and federal courts located in Maricopa County, Arizona shall have jurisdiction over any claim or dispute that arises from the Website or MIS Products and Services and that venue in such courts is proper. MIS and you further agree to waive any objection or defense to jurisdiction and venue in the state and federal courts located in Maricopa County, Arizona. These Terms and Conditions, together with MIS' Privacy Policy and any other legal notices published by MIS on the Website shall constitute the entire agreement between you and MIS. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect and MIS shall replace the invalid provision with a substitute provision consistent with then-current law and the original intent of the provision. The rights of MIS under these Terms and Conditions shall inure to the benefit of MIS, its successors and assigns. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Website, MIS Products and Services or otherwise, these Terms and Conditions will control. The section headings are for convenience only and do not have any force or effect. You and MIS agree that any cause of action arising out of or related to the Website or MIS Products and Services must be commenced within one (1) year after the cause of action accrues. MIS shall have the right to seek temporary, preliminary and permanent injunctive relief, in addition to, and not exclusive of, any and all other remedies available to MIS, against you to protect MIS' rights under these Terms and Conditions. MIS shall be entitled to seek an award against you of attorneys' fees, expert witness fees and costs incurred by MIS in connection with any dispute arising from or in connection with these Terms and Conditions.

Contact Usdouble-bars

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