Terms and Conditions

OnAlert^® Terms and Conditions of Service

Last Updated Date: April 25, 2024

1. OVERVIEW AND ACCEPTANCE OF TERMS

By electronically accepting these Terms and Conditions of Service (these “Terms”), creating an OnAlert® account (an “Account”) with ChexSystems® (as defined below), or using our Services (as defined below), this website (the “Website”), or any content provided or accessible in connection with the Website, including information, user interfaces, reports, images, products, services, and data, you represent to ChexSystems that you have read, understood, and expressly consent to, and you agree to be bound by, these Terms and any applicable Supplemental Terms (as defined in Section 3) (collectively, these Terms and the Supplemental Terms are the “Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ELECTRONIC ACCEPTANCE OF THESE TERMS OR USE OF THE SERVICES AND/OR WEBSITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICES OR ACCESS THE WEBSITE.

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND INCLUDES A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY TRIAL. THE ARBITRATION AGREEMENT AND THE WAIVER APPEAR BELOW. PLEASE READ THEM CAREFULLY. PLEASE ALSO BE AWARE THAT THIS AGREEMENT CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US.

The terms “you,” “your,” “User”, and “Subscriber” mean someone that has created an Account. The terms “ChexSystems,” “us,” “our,” and “we” mean Chex Systems, Inc., a Minnesota corporation, and its predecessors in interest, successors, and assigns. “Customer Care” means our OnAlert® customer service representatives.

Subscription Overview (see below for more detail): You may, from time to time, request to receive, and ChexSystems may provide, certain Services (defined below) on a subscription basis (each a “Subscription”).

YOU MAY CANCEL A SUBSCRIPTION BY LOGGING INTO YOUR ACCOUNT, NAVIGATING TO “MY ACCOUNT,” AND CANCELLING YOUR ACCOUNT OR BY CALLING CUSTOMER CARE AT 1-833-533-1790. BY SIGNING UP FOR A PAID SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A RECURRING BASIS, AT INTERVALS DESIGNATED AT THE TIME OF SIGN UP, AT CHEXSYSTEMS’ THEN-CURRENT FEE FOR SUCH SUBSCRIPTION PLUS TAX, UNLESS AND UNTIL YOUR ACCOUNT IS CANCELLED. YOU MUST CANCEL YOUR ACCOUNT AT LEAST TWO BUSINESS DAYS BEFORE YOUR BILLING CYCLE TO AVOID BEING CHARGED FOR THE NEXT PERIOD OF YOUR AUTOMATICALLY RECURRING SUBSCRIPTION AND IF YOU CANCEL PART WAY THROUGH A SUBSCRIPTION PERIOD, THE SUBSCRIPTION WILL CONTINUE TO THE END OF THAT PERIOD AND YOU WILL NOT RECEIVE A PARTIAL REFUND. SEE SECTION 26(d) BELOW FOR ADDITIONAL DETAILS.

The term “Service” or “OnAlert^® Service” means, individually, any product or service provided by us or our third-party service providers through your OnAlert® Account, including consumer report(s), credit report(s), risk score(s), credit score(s), ChexSystems file monitoring, fraud or identity theft monitoring, credit monitoring, credit or risk score monitoring and credit or risk score tracking (including all the data and information contained therein), and the receipt of any alerts notifying you of changes to your or your Child’s, if applicable, information contained online or in your credit report or other consumer report, regardless of the manner in which it is received, whether by email or mail, through a website, or through any other mechanism (collectively, the “Services” or “OnAlert® Services”). The term “Child” or “Children” means one or more minors, as applicable, under the age of eighteen (18). The Services are provided and enabled by ChexSystems and its service providers, including CSIdentity Corporation (“CSID”), as applicable. The Services provided under this Agreement do NOT include Third-Party Products (defined below) or services, functionality, portals and the like, for example the ability to file disputes or obtain disclosure of the information about you in the files of a consumer reporting agency which are required to be made available to you under the federal Fair Credit Reporting Act, as amended, (the “FCRA”) and similar state laws, including those which are made available through www.chexsystems.com.

You may not create an Account or use any Services, and you may not accept this Agreement, if you are not located in the United States or its territories and are not at least 18 years old or of the legal age in your jurisdiction to form a binding contract with ChexSystems. If you accept this Agreement, you represent that you have the capacity to be bound by it. Before you continue, you should print or save a local copy of this Agreement for your records. If you have any questions about the Services or your Subscription, please contact Customer Care at 1-833-533-1790.

2. WRITTEN INSTRUCTIONS FOR SERVICES

(a) You agree that you will use the OnAlert® Services only for your own behalf (including on behalf of your Children, if applicable). You will be responsible for all use of your membership number and must notify ChexSystems immediately of any unauthorized use of your membership number or the theft, misplacement or other compromise of your membership number.

(b) You understand that by creating an OnAlert® Account or enrolling in any OnAlert® Services, you are providing "written instructions" in accordance with the FCRA, for ChexSystems and its service providers, which may include CSID, to obtain information from your personal credit file from Experian, Equifax, and TransUnion, and any other consumer reporting agencies, including, without limitation, your credit reports and credit scores which are based on information in your personal credit file(s), as necessary to provide you with the Services. You authorize ChexSystems and its service providers to use your Social Security number to access your personal credit file to verify your identity, and to provide identity theft and credit monitoring, reporting, and scoring products and services.

(c) You further understand that by creating an OnAlert® Account or enrolling in any OnAlert® Services, you are providing “written instructions” in accordance with the FCRA, for ChexSystems and its service providers, which may include CSID, to obtain information from your personal consumer file from ChexSystems, including, without limitation, your consumer reports, and any risk scores which are based on information in your personal consumer file, to provide you with the Services. You authorize ChexSystems and its services providers to use your Social Security number to access your personal consumer file to verify your identity, and to provide fraud, identity theft, and consumer file monitoring products and services.

3. SUPPLEMENTAL TERMS; AMENDMENTS

Your use of, and participation in, certain features and functionality of certain Services may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be presented to you for your acceptance when you sign up to use the Service to which such terms apply or presented for your acceptance when you access or use such Service. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms will control with respect to such Service.

This Agreement may be updated from time to time. When changes are made, ChexSystems will make a new copy of these Terms and/or the Supplemental Terms, as applicable, available on the Website and will also update the “Last Updated” date. You should check this Website regularly for updates to this Agreement. If we make any material changes and you have an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an existing Account and thirty (30) days after posting for users with an Account. However, no unilateral amendment will retroactively modify the parties’ agreed-to dispute resolution provisions of this Agreement for disputes that you have notified us of prior to such amendment, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provisions shall be governed by Section 8 (Dispute Resolution by Binding Individual Arbitration) below. ChexSystems may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHOULD CANCEL YOUR ACCOUNT AND STOP USING THE SERVICES.

4. MODIFICATION OF SERVICES OR WEBSITE

ChexSystems may, at its discretion, modify, or discontinue any of the Services or Website, or any portion thereof, with or without notice. You agree that, to the fullest extent permitted by applicable law, ChexSystems will not be liable to you, your Children, or any other family member, or any third party for any modification or discontinuance of any of the Services or Website provided under this Agreement.

5. GENERAL DESCRIPTION OF THE SERVICES

The Services and Website are meant to provide you a means to monitor uses of your personal information, and to review your personal finance and/or consumer report and/or credit information for educational and management purposes only. The Services and Website are meant for your personal use only. You agree that you will only use the Services and Website for your own behalf (including on behalf of your Child, if applicable). You understand that the Services and Website are not available, intended, or enabled for multiple persons to use the same Account.

To create an Account, you must be located within the United States or its territories and provide a valid Social Security number, United States or U.S. territory residential address, email address, and date of birth. In other limited circumstances, you may need to provide a valid telephone number or driver’s license number so that ChexSystems can process your order. You must provide valid credit card information to enroll in or purchase a paid Subscription, as explained in greater detail below.

To cancel your Account in its entirety, you may do so by logging into your Account online or by contacting Customer Care at 1-833-533-1790. Please note that canceling your Account will terminate your Subscription and your access to the Services as described in Section 26(d) below.

You acknowledge and agree that ChexSystems (including its Services and/or Website) has not and does not provide you (or your Child, if applicable) legal, tax, financial, or other advice (including, without limitation, advice on how to improve or repair your consumer reports, credit reports, risk scores, and/or credit scores), and that its Services and/or Website are not designed or intended to provide any such advice.

In consideration of your Account, and/or your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete, and current information about yourself and any Children you enroll in any Service, when prompted to do so by the registration and application forms or requested to do so by ChexSystems. If any information you provide is untrue, inaccurate, or not current, or if ChexSystems has reasonable grounds to suspect that such information is untrue, inaccurate, or not current or if you are unable to be authenticated (as described in Section 14 below), ChexSystems, at its sole discretion, has the right to suspend or terminate your Account, or order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, the Services or the Website, or suspend or terminate any portion thereof. You acknowledge and agree that ChexSystems may, in its sole discretion, retain any information you provide to it or generated by ChexSystems or its service providers while you have an Account, including any information about you (or your Child, if applicable) and any credit card or payment or other information obtained in connection with your Account and/or the provision of any Service. If ChexSystems does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time.

6. LICENSE; USE OF THE SERVICES

The Services, Platform IP, and Website, as well as any compilations (including collections, arrangements, and/or assemblies) of the information specific to ChexSystems contained in the Services and/or Website are the property of ChexSystems and are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights. Your access to the Services and Website is subject to, and except as expressly contemplated by this Agreement, you shall not: (a) reproduce, distribute, publish, transmit, disseminate, modify, or create derivative works of, in any form or by any means, any part of the Services, Website, or Platform IP (defined below), (b) allow any third party to access the Services, Website, or Platform IP, (c) sell, sublicense, rent, resell, transfer, or otherwise commercially exploit any of the Services, Website, or Platform IP, (d) reverse engineer or reverse compile any of the Services, Website, or Platform IP, (e) use robots, scrapers, crawlers, data mining tools, spiders, deep-linking or other processes or tools, whether manual or automatic, to “scrape” or download data from any web pages contained in the Services, Website, or Platform IP, or otherwise access or use the Services, Website, or Platform IP, (f) use the Services, Platform IP, or Website for anything other than your own personal use (including on behalf of your Child, if applicable), (g) frame or utilize framing techniques to enclose any trademark or logo located on any portion of the Services, Website, or Platform IP (including images, text, page layout, or form), (h) use any metatags or other “hidden text” using ChexSystems’ name or trademarks, (i) remove or destroy any copyright notices or other proprietary markings contained on or in the Services, Website, or Platform IP, (j)impersonate any person or entity, including any employee or representative of ChexSystems, or (k) interfere with or attempt to interfere with the proper functioning of the Services or Website or use the Services or Website in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features, introducing viruses, worms, or similar harmful code into the Services or Website or interfering or attempting to interfere with use of the Services or Website by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services or Website.

7. INDEMNIFICATION.

Subject to applicable law, you agree to indemnify and hold harmless ChexSystems against any third party claim, suit, or proceeding (including resulting liabilities, damages and/or costs (such as, but not limited to, reasonable attorneys’ fees)) to the extent arising out of: (i) your use of the Services, Website or Platform IP in violation of this Agreement; (ii) your violation of any applicable laws, rules, or regulations or the rights of any third party; or (iii) your gross negligence or willful misconduct. In which event you will fully cooperate with ChexSystems in asserting any available defenses. This provision does not require you to indemnify ChexSystems for any unconscionable commercial practice by ChexSystems or for any fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder by ChexSystems.

8. DISPUTE RESOLUTION BY BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

(a) SUMMARY

MOST SUBSCRIBER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE SUBSCRIBER’S SATISFACTION BY CALLING CUSTOMER CARE AT 1-833-533-1790. IN THE UNLIKELY EVENT THAT CUSTOMER CARE IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE WITH CHEXSYSTEMS OR CHEXSYSTEMS’ SERVICE PROVIDER(S) TO YOUR SATISFACTION (OR IF CHEXSYSTEMS AND/OR CHEXSYSTEMS’ SERVICE PROVIDER(S) HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), YOU, ON THE ONE HAND, AND CHEXSYSTEMS AND/OR CHEXSYSTEMS’ SERVICE PROVIDER(S), ON THE OTHER, EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION INSTEAD OF IN COURT 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. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS OR MASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU HEREBY WAIVE ANY RIGHT YOU OTHERWISE WOULD HAVE TO BRING ANY CLASS OR MASS CLAIM AGAINST CHEXSYSTEMS, REGARDLESS OF THE FORUM. HOWEVER, IN ARBITRATION, YOU, ON THE ONE HAND, AND CHEXSYSTEMS AND/OR CHEXSYSTEMS’ SERVICE PROVIDER(S), ON THE OTHER, WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM EACH OTHER PARTY TO THE SAME EXTENT AS YOU AND THEY WOULD BE IN COURT.

(b) Arbitration Agreement and Class Action Waiver:

You, the Subscriber, on the one hand, and ChexSystems and/or ChexSystems’ service provider(s), on the other, agree that any claim or dispute (“Claim”) between us arising out of or relating to the Services, Website, or this Agreement, including any claim that all or any part of this Agreement is void or voidable, shall be resolved by final and binding arbitration by a single arbitrator, administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations. It is the parties’ intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claim by You against ChexSystems and/or ChexSystems’ service provider(s) as well as their respective corporate affiliates for claims arising out of this Agreement directed related to the Services or the Website. However, any disputes or claims you may have which relate to your consumer report or credit report, or any claims arising out of or relating to the FCRA and/or the FCRA’s state law equivalent(s), are not subject to or governed by this agreement to arbitrate.

You agree that, by entering into this Agreement, You, ChexSystems and/or ChexSystems’ service provider(s) are each waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for your payment of your arbitration 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, we will pay it directly after receiving a written request). The arbitrator may award declaratory or 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. YOU, ON ONE HAND, AND ChexSystems and/or ChexSystems’ SERVICE PROVIDER(S), ON THE OTHER, 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 You, on one hand, and ChexSystems and/or ChexSystems’ service provider(s), on the other 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. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court.

The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms and conditions of this arbitration provision shall survive any termination, cancellation, or expiration of this Agreement.

You may obtain more information about arbitration from www.adr.org.

9.FCRA DISCLOSURES

The FCRA entitles consumers to obtain a free disclosure of all of the information in their credit file from each of the three major nationwide consumer reporting agencies (Experian, Equifax, and TransUnion) once every 12 months. To request your free disclosure from Experian, Equifax, and/or TransUnion, you can go to www.annualcreditreport.com or call 877-322-8228.

The FCRA also entitles consumers to obtain a free disclosure of all of the information in their consumer file from each nationwide specialty consumer reporting agency, including ChexSystems. To request your disclosure from ChexSystems, you can go to www.chexsystems.com or call 1-800-428-9623.

The FCRA further allows consumers to dispute inaccurate or incomplete information in their consumer file, including their credit file, with any consumer reporting agency.

You do not have to purchase the Services, your consumer report, your credit report, or any other information from ChexSystems, or through OnAlert®, to either (1) access any free file disclosure that you are or may be entitled to under the FCRA or similar state law or (2) dispute inaccurate or incomplete information in your ChexSystems file, or the file maintained on you by any other consumer reporting agency.

Please note that although comprehensive, the credit reports from Experian, Equifax, and/or TransUnion that may be available through the Services or Website may not have the same information as credit reports obtained directly from those consumer reporting agencies, through www.annualcreditreport.com, or by calling 877-322-8228.

Further, the ChexSystems monitoring alerts that you may receive through the Services or Website should not be relied upon conclusively to indicate that information or events have been or will be included in your ChexSystems file, but rather are indicative of the use of your personal information and are delivered or displayed to you for your use in fraud and/or identity theft monitoring.

10. SCORE DISCLOSURES

The credit score presented to you through the Services is the VantageScore 3.0.

VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide consumer 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 will 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.

Experian, TransUnion, and Equifax maintain a record of your credit history as part of 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 these 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 do not be surprised if your lender gives you a score that is different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScore models). 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.

11. CHILD MONITORING TERMS

(a) Scope of Services. If made available to you through the OnAlert® Services, the Child Monitoring that will be performed is different than monitoring for persons over the age of eighteen (18). Please reference additional details provided to you at the time you enroll a Child for more information on the type and scope of Child Monitoring offered as part of the Services.

(b) Certification as Parent or Guardian. By enrolling a Child in any Child Monitoring Service, you certify that you are the parent or legal guardian of each Child whom you have identified and named on the enrollment page for any Child Monitoring Service and that any information about those Children that you obtain from ChexSystems and/or its service providers, will be used solely for the purpose of providing the Child Monitoring Services for which you have enrolled your Child and which are conducted at your instruction.

(c) Proof of Parental Association or Guardianship. ChexSystems and/or its service providers, may require, at their sole discretion, the parent or legal guardian to prove parental association or legal guardianship in order for the parent or legal guardian to receive the details on a Child’s monitored information or request fraud resolution, which may include, but is not limited to, the Child’s Social Security card and birth certificate, valid proof of identification, proof of residence, and/or a similar federal or court produced document demonstrating such relationship.

(d) Automatic Unenrollment Prior to 18th Birthday. An enrollee in the Child Monitoring Service is no longer considered a Child when the enrollee reaches their eighteenth (18) birthday and ChexSystems and/or its service providers, reserve the right to automatically unenroll any Child enrolled in Child Monitoring within seven (7) days before their eighteenth birthday, based on the date of birth information provided by you in the enrollment process. After that time, you will not receive monitoring information through the Child Monitoring Services regarding that Child.

12. TERRITORIAL RESTRICTIONS

Unless otherwise specified, the Services and the Website are intended for use by United States’ and its territories’ (U.S.) consumers only. We make no representations or warranties that the information, products, or services provided through the Services or the Website are appropriate for access or use in other jurisdictions.

Recognizing the global nature of the Internet, however, you agree to comply with all local laws including, without limitation, laws about the Internet, data, email, export, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which you reside. Notwithstanding the above, we reserve the right to limit the availability of the Services or the provision of any Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

13. COMPLIANCE WITH LAW AND NOTICE OF PROSECUTION

Your access and use of the Services and Website must comply with all applicable laws, rules, and regulations. Unauthorized access and use of the Services and Website is expressly prohibited. 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. Further, failure to comply with all applicable laws, including but not limited to 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 report or other disclosures of information on a consumer from a consumer reporting agency under false pretenses may face criminal prosecution.

14. AUTHENTICATION

For certain online Services, when the system is unable to authenticate you, you may be routed through an alternate authentication process, such as authentication through Customer Care. In the event you fail online authentication one or more times, you may be directed to Customer Care to complete the authentication process over the telephone. Failure to pass authentication may place a minimum 72 hour hold on your request to enroll in the Services until authentication can be attempted again online or through Customer Care. If authentication is not successfully completed, we reserve the right to cancel your order. You will not be billed for your initial subscription fee until authentication has been successfully completed.

15. PERSONAL INFORMATION

ChexSystems may collect, use, and disclose your personal information and, as applicable, personal information related to your Child, as further detailed in the ChexSystems Privacy Policy. Without limitation, this includes to authenticate your identity, authenticate the identity of your enrolled Child’s/Children’s identity/identities, and/or authenticate your legal guardianship over an enrolled Child, process your order or request for a Subscription, and provide, the Services to you, as well as for quality assurance, account and business maintenance, legal and regulatory compliance, and such other business uses.

16. RECEIPT, REVIEW AND UNDERSTANDING OF PRIVACY POLICY

By establishing an Account or otherwise accessing or using the Services, you acknowledge that you have received, reviewed, and understand our Privacy Policy. This policy can be accessed by clicking here: ChexSystems Privacy Policy. If you do not want your or, as applicable, your Child(ren)’s personal information processed as set forth in the Privacy Policy, you should cease accessing and using the Services and Website (including by cancelling your Account).

17. COMMUNICATIONS

You consent to receiving communications from or on behalf of ChexSystems, including but not limited to recurring communications relating to your Account and the Services, including without limitation, communications from ChexSystems relating to your personal consumer file, including your personal credit file, maintained by any consumer reporting agency. Your agreement to receive these messages is not a condition of purchase or required to receive the Services.

18. ONLINE REQUIREMENTS

You must have a valid email address and provide the same to ChexSystems to create your Account and have a Java-compatible browser to receive and/or access the Services online. By creating an Account, you agree to receive all notifications via email at the email address you registered with your Account. You are obligated to update the email address on file when your email address changes. If ChexSystems is unable to deliver email messages to you, you agree to accept notifications with respect to any of the Services in an alternative method, such as direct mail. You can change your alert and communications preferences at any time through your Account settings.

If you fail to or otherwise do not update your email address on file with ChexSystems, and ChexSystems is unable to deliver an email to you, you nonetheless understand and agree that any paid subscription will be fulfilled at the price agreed upon at the time that you placed your order, as may be updated in accordance with Section 26.

19. IDENTITY THEFT INSURANCE DISCLOSURE

The Identity Theft Insurance is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company, under group or blanket policy(ies). Any description herein is a summary and intended for informational purposes only and does not include all terms, conditions, and exclusions of the policies described. Please refer to the actual policies for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions. For more information about the Summary of Benefits, please review the information linked here.

20. NO WARRANTY BY CHEXSYSTEMS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, PLATFORM IP, AND WEBSITE IS AT YOUR SOLE RISK. YOUR ACCOUNT, ALL SUBSCRIPTIONS, SERVICES, THE PLATFORM IP, AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CHEXSYSTEMS AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OR GUARANTEES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICES, THE PLATFORM IP, AND THE WEBSITE, OR OTHER MATERIALS YOU MAY RECEIVE FROM CHEXSYSTEMS, DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. CHEXSYSTEMS AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (I) THE SERVICES PLATFORM IP, WEBSITE, OR OTHER MATERIALS ARE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, WEBSITE, PLATFORM IP, OR OTHER MATERIALS WILL BE RELIABLE. CHEXSYSTEMS AND ITS SERVICE PROVIDERS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT THE SERVICES PLATFORM IP, WEBSITE, OR OTHER MATERIALS WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE).

21. LIMITATION OF LIABILITY

NEITHER CHEXSYSTEMS, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU (OR ANY OF YOUR CHILDREN, IF APPLICABLE), AS AN AGENT, IN OBTAINING COPIES OF: YOUR PERSONAL CONSUMER REPORT, CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER CHEXSYSTEMS, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH ONALERT®. NEITHER CHEXSYSTEMS, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE, OR ATTEMPTED USE OF THE SERVICES, WEBSITE, OR PLATFORM IP. NEITHER CHEXSYSTEMS, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU (OR ANY OF YOUR CHILDREN, IF APPLICABLE) IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID FOR YOUR SUBSCRIPTION. HOWEVER, NOTWITHSTANDING THE FOREGOING, if you have signed up for an unpaid Subscription, in no event will CHEXSYSTEM’S OR ANY OF ITS RESPECTIVE AFFILIATES AGGREGATE LIABILITY TO YOU EXCEED $500. ONALERT® IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A CHECKING OR SAVINGS ACCOUNT, A LOAN OR IMPROVE YOUR CHEXSYSTEMS RECORD, CREDIT RECORD, HISTORY, OR RATING. THE TERMS AND CONDITIONS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.

22. OUR USE OF THIRD-PARTY SERVICE PROVIDERS

ChexSystems may use third-party service providers, such as CSID, to offer the Services to you; including suppliers, subcontractors, or affiliates. Some features, elements, or aspects of the Services enabled by our service providers may be subject to their terms of use or privacy policies. We will disclose such agreements to you and obtain your consent, if applicable, before providing features of the Services to you. Our use of service providers is solely for our own purposes and not an approval, endorsement, or referral. If you independently choose to use the products of our service providers of your own accord, you should review all applicable agreements and policies, including privacy and data gathering practices, and should make whatever investigation you feel necessary or appropriate before proceeding. By using the Services, you understand that the information and opinions in any non-ChexSystems content represent solely the thoughts of the respective author and are neither endorsed by ChexSystems nor do they necessarily reflect any opinions or beliefs held by ChexSystems.

23. THIRD PARTY PRODUCTS

We may also offer integrations with, or provide you access to, products, services, or websites provided by non-affiliated third parties (collectively “Third-Party Products”). If you choose to utilize such Third-Party Products, you understand and agree that we do not control or bear any responsibility for Third-Party Products, including but not limited to their products, content, or services or use by them of personal information you may provide them directly via our Services or that we provide them at your instruction. If you choose to utilize any Third-Party Products, this Agreement will not apply to your activities or any information you disclose to such third parties. You further understand that, if you choose to utilize any Third-Party Products, your personal information may be available to third parties and how those third parties handle and use your personal information related to their sites and services, including Third-Party Products, is governed by their security, privacy, and other policies, if any, and not our policies. We have no responsibility for Third-Party Products and under no circumstances shall we be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with your use of or reliance on any Third-Party Products. Further the Services may include hyperlinks to other platforms maintained or controlled by third parties. ChexSystems is not responsible for and does not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered at these other platforms. ChexSystems is neither responsible for nor assumes any liability for the content of any platform maintained or controlled by any third party.

24. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT

ChexSystems is not a credit repair organization as defined under federal or state law, including the federal Credit Repair Organizations Act, and does not sell, provide, or perform any service for the express or implied purpose of improving your ChexSystems file, ChexSystems score, credit record, credit history credit rating or credit score nor does ChexSystems provide advice or assistance to you with regard to improving these things. If you believe that your credit report or any other consumer report contains inaccurate information, you should file a dispute with the relevant consumer reporting agency. You have this right even if you do not create an Account or use the Services.

25. ACTIVATION CODES FOR FREE-TRIALS AND OTHER LIMITED TIME OFFERS

On occasion, we may offer free trials to particular Services or partner with third parties to make particular Services available to certain individuals on an unpaid basis for a limited period of time, subject to specific terms explained during sign up. We reserve the right to determine eligibility, which may depend on a variety of factors, including whether you meet the eligibility criteria for using a one-time activation code. If you are using an activation code to obtain any Services, you are restricted to a one-time use of such activation code. Any subsequent, unauthorized use of the activation code will result in immediate termination of your Account and any associated Services. Please note that if you improperly obtain a Service with an activation code that was not intended for your use in the first instance, any credit card number you may have provided to us will be charged with the fee for the Services or Subscription that was obtained improperly. Activation codes cannot be applied to previously placed orders and are not transferrable or redeemable for cash or credit, and may not be copied, reproduced, published, or distributed in any form without the prior written approval of ChexSystems.

Please note that if you sign up for a paid Subscription and provide payment information, then your free trial or unpaid access will terminate, and your paid Subscription access will begin, as of the date you sign up for a paid Subscription. You may cancel your paid Subscription as described in Section 26(d) (Cancellation) of these Terms.

26. PAID SUBSCRIPTIONS

(a) Paid Subscriptions and Fees. While we may offer limited Subscriptions from time to time at no cost to the Subscriber or on a free trial basis, as described in Section 25 above, we charge a fee to access the Services. We will charge you in advance for paid Subscriptions once you have been authenticated in accordance with Section 14. Paid Subscriptions will continue and automatically renew on a recurring basis at regular intervals in accordance with your elections at the time of sign up, unless and until you cancel your Account, or your Account is otherwise suspended or terminated pursuant to this Agreement. We reserve the right to change the terms of your Subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. If you do not agree with such changes, you may cancel your Subscription as set forth in Section 26(d). We will give you advance notice of these changes. We will not be able to notify you of any changes in applicable taxes.

(b) Payment Method. You will need to enter valid credit card information when you sign up for a paid Subscription. ChexSystems or its third-party service provider will verify your credit card information before processing your order. If you want to use a different credit card than the one you signed up to use during registration, you may edit your information by logging into your account and updating your credit card information. If you decide to sign up for a paid Subscription and provide payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee. Furthermore, you agree and authorize us to, from time to time: (i) submit a transaction using the card information provided, as may be updated from time to time, and (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis for renewals of your Subscription.

(c) Billing Holds. In the event of a failed attempt to charge to your credit card (e.g. if your credit card has expired), we reserve the right to retry billing your credit card. We may suspend or cancel your access to the Services if we remain unable to successfully charge the credit card information associated with your Account. You also remain responsible for any amounts you fail to pay in connection with your Subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

(d) Cancellation. You may cancel your Subscription by logging into your Account and cancelling your Account or by calling Customer Care at 1-833-533-1790. If you cancel an Account with a paid Subscription more than two (2) business days (i.e. Monday through Friday, excluding holidays) before your next billing cycle, your cancellation will be effective as of the end of your current billing cycle, and you will no longer be charged. If you cancel an Account with a paid Subscription less than two (2) business days before your next billing cycle, your cancellation will be effective as of the end of your next term, and you will be charged for the next term but not thereafter. If you cancel your Account, you may continue to use your Account and Subscription until the effective date of the cancelation (as described above). However, you will not be eligible for a refund of any portion of the applicable paid Subscription fees.

(e) Family Plans. A family plan allows an individual to sign up for a paid Subscription that may include access for other family members who have registered for their own Account(s). If you have access to a paid Subscription through a family plan, then please note that only the primary account holder can cancel the Subscription and that your paid Subscription is subject to the primary Account holder maintaining an active, paid family plan Subscription that covers your Account. We reserve the right to suspend or cancel your access to the Services for all Accounts associated with a family plan if we are unable to successfully charge the credit card information associated with the primary Account holder, or if the primary Account holder elects to no longer have a particular Account be covered by the family plan. For other terms specific to family plan Subscriptions, please see Section 27 (Family Plans) below.

(f) Upgrades and Downgrades. If you choose to upgrade your Subscription in the middle of a Subscription period, such upgrade will take effect immediately and any incremental fees associated with such upgrade will be charged in accordance with this Agreement. In any future renewal, the fees will reflect any such upgrades. To downgrade your paid Subscription to another paid Subscription in the middle of a Subscription period, you must contact Customer Care at 1-833-533-1790. Any downgrade will take effect immediately and we will issue you a pro-rata refund of any prepaid Subscription fees to your payment method on file. In any future renewal, the fees will reflect any such downgrades.

(g) Taxes. The prices for paid Subscriptions do not include any Sales Tax (defined below) that may be due in connection with the Services. If ChexSystems determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, ChexSystems shall collect such Sales Tax in addition to the fees for the Subscription. If any Services or Subscriptions, or payments for any Services or Subscriptions, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to ChexSystems, you shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify ChexSystems for any liability or expense ChexSystems may incur in connection with such Sales Taxes. Upon ChexSystems request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

27. FAMILY PLANS. The following additional terms will apply if you sign up for a paid Subscription for a family plan or register for an Account under a family plan:

(a) No Automatic Downgrade (Removal of All Adults and Children). If you, as the primary Account holder for a family plan, remove all enrolled adults and/or Children from your family plan, please understand that (i) you will continue to be enrolled in your family plan, and billed at the current rate, until you take action to update your membership, such as downgrading to an individual plan; and (ii) you will continue to enjoy the opportunity to enroll adults and/or your Children, as made available in your family plan.

(b) Child Monitoring Alerts Only Visible to Primary Account Holder. Alerts for an enrolled Child will be made available only to the primary Account holder, subject to the Child Monitoring terms provided above, even if an enrolled adult is a parent or legal guardian of such Child.

(c) No Ability to View Membership Details of Other Adult Members. Please note that even if you are the primary Account holder, you will not be able to view or receive any credit information, ChexSystems alerts, identity alerts, or dark web reports, among other membership details, of adults enrolled in a family membership.

28. INTELLECTUAL PROPERTY

You acknowledge and agree that ChexSystems’ name, the ChexSystems Logo, the OnAlert® Logo, and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of ChexSystems, its affiliates, or its service providers (collectively “Marks”). ChexSystems’ Marks may not be used in connection with any service or website that are not ChexSystems’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ChexSystems or its affiliates or service providers. All other trademarks, product names, or logos not owned by ChexSystems that appear on the Website are the property of their respective owners. The Services and Website (and their entire contents, features, and functionality (including but not limited to all information, software, technologies, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Platform IP”) are the property of ChexSystems or its suppliers and are protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights. No right, title, or interest in or to the Services, Website, or Platform IP is transferred to you, and all rights not expressly granted are reserved by ChexSystems.

You agree that submission of any ideas, suggestions, documents, and/or proposals regarding the Services, Website, or Platform IP to ChexSystems (“Feedback”) is at your own risk and that ChexSystems has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to ChexSystems a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website, Services and/or ChexSystems’ business.

29. MISCELLANEOUS

This Agreement (including the Privacy Policy and other policies ChexSystems may post from time to time and any terms and conditions which are incorporated by reference herein or hereinafter implemented) constitute the entire Agreement between ChexSystems and you in connection with your Account, any Subscription, your access or use of any Service, Platform IP, or Website, and supersede any prior versions, if applicable. No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect. ChexSystems shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. This Agreement is effective until terminated by ChexSystems or by you by deactivating your Account. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ChexSystems’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

In the event of termination or the expiration of the Agreement, all definitions, Sections 4, 6 (with respect to restrictions on use), 7, 8, 12, 13, 16, 20, 21, 22, 23, 24, 26 (with respect to any amounts due), 28, and 29 will survive, as well as any other terms and conditions that, by their nature, should survive termination, shall survive. In the event of a conflict between this Agreement, or any other notice, policy, disclaimer or other terms and conditions displayed through the Services or on the Website or otherwise, this Agreement will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

This Agreement shall be governed by and construed in accordance with the laws of the United States and the state of Florida, without reference to its conflict of laws principles, or any other principles that would result in the application of a different body of law. Any legal action, suit, or proceeding arising out of or relating to this Agreement that is not otherwise subject to the Dispute Resolution and Binding Arbitration provisions contained herein, shall be instituted exclusively in a court of competent jurisdiction, state or federal, located in the state of Florida and in no other jurisdiction. The parties hereby consent to personal jurisdiction and venue in, and agree to service of process authorized by, such courts.

ChexSystems may, in its sole discretion and at any time, change its corporate name, logo, Marks and other terms, phrases, graphics, logos, and icons associated with its common law or registered trademarks, service marks, and/or trade dress (collectively, “Brand”), which will not impact the enforceability of this Agreement. In the event ChexSystems takes any action to change its Brand, ChexSystems will notify you online, via e-mail, mail or through another means reasonably calculated to give you notice of the change in Brand. In all events, any changes to Brand will be effective immediately, and the terms and conditions of this Agreement shall remain unaffected by the change in Brand unless expressly contemplated through express revisions to this Agreement.

30. CONTACT

If you have any questions or concerns regarding your Account, your Subscription, or the Services, if applicable, please contact Customer Care at 1-833-533-1790 with your query. We will do our best to address and resolve your concerns.

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Consumer Complaints: In accordance with California Civil Code §1789.3, you may report complaints regarding the Services to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.