Effective Date: January 31, 2018
MANY GOVERNMENT RECORDS ARE AVAILABLE FOR FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, CONSUMER REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CONSUMER DISCLOSURE (SOMETIMES REFERRED TO AS A CREDIT REPORT) UPON REQUEST AT NO CHARGE OR FOR A NOMINAL FEE. LOCK & ALERT IS NOT INTENDED AS A SUBSTITUTE FOR THE CONSUMER DISCLOSURE THAT MAY BE AVAILABLE TO YOU WITHOUT CHARGE, AND LOCK & ALERT DOES NOT INCLUDE A COPY OF YOUR CONSUMER DISCLOSURE. VISIT WWW.ANNUALCREDITREPORT.COM FOR FURTHER DETAILS REGARDING YOUR RIGHT TO OBTAIN A COPY OF YOUR CONSUMER DISCLOSURE.
- LOCK & ALERT SERVICE. The Lock & Alert service available via this Site and the Apps is provided by Equifax Consumer Services LLC ("Equifax"). We may also partner with other companies ("Suppliers") to provide service features to you by a Supplier. Equifax and its Suppliers are referred to in this Agreement as "We," "Us," and "Our." You, the person visiting and utilizing this Site or the Apps, are referred to as "You" or "Your".
- PERSONAL INFORMATION; AUTHORIZATION. You authorize and instruct Us to access and otherwise use Your: (i) credit information from Equifax Information Services LLC (“EIS”) and (ii) other information about you as needed to provide Lock & Alert. By registering for Lock & Alert, You acknowledge and agree that Your access to Lock & Alert is subject to Your prior written authorization and Our verification of Your identity.
- REGISTRATION; USE OF LOCK & ALERT. You must complete the registration process to access and use Lock & Alert. You authorize your mobile carrier to release your name, address, and mobile number on your mobile account to Equifax for the purpose of allowing Us to verify Your identity. Equifax will not use this information from your mobile carrier for another purpose. You may register for Lock & Alert from this Site or through the Apps only on behalf of Yourself and by doing so, You acknowledge and agree that it is illegal to access credit information about anyone else. You further agree to only register for Lock & Alert on your own behalf or as otherwise authorized by law and in accordance with Equifax procedures. By registering, You further certify that You are eighteen (18) years or older and that all of the information You provide is true, accurate, complete and up to date. You further agree to abide by all of the terms and conditions concerning Your use of Lock & Alert. We provide Lock & Alert and related information solely for Your personal benefit, and You agree that You will not use Lock & Alert for any other purpose, especially a commercial purpose. You must also establish a user identification ("User ID") and password, and You agree to keep them strictly confidential and not to share them with others. If you don’t have access to a computer or smartphone or for other reasons would like to use an offline version of Lock & Alert, you can contact Customer Care at 1-888-548-7878 for more information.
- DESCRIPTION OF LOCK & ALERT; NO GUARANTEE OF LOCK & ALERT PERFORMANCE OR AVAILABILITY.
4.1. Lock & Alert allows You to lock and unlock Your EIS credit report (“Equifax credit report”). Locking or unlocking your Equifax credit report usually takes less than a minute. Lock & Alert will also alert You by email and/or text message when Your Equifax credit report has been locked or unlocked. Locking your Equifax credit report will prevent access to Your Equifax credit report by certain third parties. Locking your Equifax credit report will not prevent access to Your credit report at any other credit reporting agency. Entities that may still have access to Your Equifax credit report include companies like Equifax Global Consumer Solutions which provide You with access to Your credit report or credit score or monitor your credit file; federal, state and local government agencies; certain fraud detection uses; companies reviewing Your application for employment; companies that have a current account or relationship with You, and collection agencies acting on behalf of those whom You owe; and companies that wish to make pre-approved offers of credit or insurance to You. To opt out of such pre-approved offers, visit www.optoutprescreen.com. If You cancel Lock & Alert, your Equifax credit report will be unlocked.
4.2. Because of the nature of Internet and online communications, this Site, the Apps or the Lock & Alert service may not always perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation of Lock & Alert, this Site, or the Apps. From time-to-time, technical issues may also result in the unavailability of or disruption of Lock & Alert or Lock & Alert features. There may also be certain times of the day due to system maintenance or other issues when You are temporarily unable to lock or unlock your Equifax credit report. In addition, Your use of the Lock & Alert service that is unreasonably excessive or in a manner not contemplated by this Agreement may also result in Lock & Alert not performing as intended despite Our efforts. We will use reasonable efforts to maintain operation of the Site, the Apps, and availability of Lock & Alert. If there is a system error or other problem concerning Your use of Lock & Alert, You agree to promptly notify Us of the same.
- SECURITY FREEZES. Locking Your Equifax credit report is not the same as freezing your Equifax credit report pursuant to state law. If You would like more information about freezing your Equifax credit report, please visit www.freeze.equifax.com. If you have a security freeze on Your Equifax credit report, You have to remove your security freeze before You can use certain features of Lock & Alert.
- CHANGES TO LOCK & ALERT SERVICE AND AGREEMENT. We may modify Lock & Alert, this Site, or the Apps (or any portion of the Lock & Alert service, the Site, or the Apps). If We modify Lock & Alert or discontinue a Lock & Alert feature or features, Your only recourse is to cancel Lock & Alert in accordance with Section 7 of this Agreement. We may amend this Agreement from time-to-time. When We amend this Agreement, We will post the amended Agreement on the Site and make the amended Agreement available through the Apps. We will also send you an email alerting you that the Agreement has been amended. Your continued use of the Site, the Apps, or the Lock & Alert service constitutes Your acceptance of the amended Agreement. If you do not accept the new Agreement, You must cancel the Lock & Alert service within 30 days of when we emailed You the notice. You also agree to an amended Agreement if you take other actions that demonstrate You have accepted the amended Agreement. If this Agreement is amended or if Lock & Alert is modified, Your ability to lock or unlock Your Equifax credit report for free will not change, nor will We ever add an arbitration provision to this Agreement.
- LOCK & ALERT CANCELLATION. You may cancel Your Lock & Alert service at any time. To cancel Your Lock & Alert service, please contact our Customer Care Team from 8:00 a.m. to 12:00 midnight Eastern Time seven days a week at 1-888-548-7878. You may also notify Us in writing that You would like to cancel by writing us at Equifax Global Consumer Solutions, P.O. Box 105016, Atlanta, Georgia 30348, Attention: Service Cancellation. Any cancellation request will become effective promptly upon Our receipt of Your request. If You cancel, You will immediately lose access to the Lock & Alert service and information housed within the Site or the Apps and all other service benefits. If You cancel Lock & Alert, your Equifax credit report will be unlocked. We may cancel, suspend or terminate this Agreement and provision of Lock & Alert to You if we suspect that You are misusing the service or acting fraudulently or illegally. If the continued provision of all or any portion of Lock & Alert becomes impossible or impractical due to a change in applicable federal, state or local laws or regulations, as determined by Us in Our reasonable judgment, We may either (a) cease to provide Lock & Alert or portions of Lock & Alerts to You if you are within the affected jurisdiction, or (b) make changes to those affected portions of Your Lock & Alert service reasonably required to comply with the changes in applicable laws or regulations.
- LOCK & ALERT AVAILABILITY. The Lock & Alert service and/or Lock & Alert service features may not be offered, applicable or available to You based on factors such as residency, age (You must be 18 years of age or older) or geographic location. In the event that the Lock & Alert service is not available at the time of enrollment, We will notify You during the course of the registration process and Your registration will not be accepted.
- IDENTITY THEFT FEATURES. Lock & Alert contains features that may be of assistance to You in helping to protect against incidents involving certain forms of theft or misuse of Your personal information. You should also consider the availability of information, tools, and other resources that may be available to You without charge or for a nominal fee in the event that You suspect that Your identity has been stolen or compromised, or may be subject to, possible theft or misuse. You can learn more regarding the availability of such resources, by visiting the website maintained by the Federal Trade Commission at http://www.ftc.gov. NO SERVICE IS CAPABLE OF PREVENTING OR DETECTING ALL FORMS OF IDENTITY THEFT.
- PRIVACY. By registering, You acknowledge receipt of Our Lock & AlertTM Privacy Notice and acknowledge that We may use and share Your personal information in accordance with Our Lock & Alert Privacy Notice.
- OWNERSHIP. This Site and the Apps contains copyrighted material and any information that You retrieve is copyrighted by its owner. You may not remove, alter or cover any copyright or other proprietary notices placed on this Site, the Apps, or on services or related materials acquired through this Site or the Apps. We, collectively or individually, retain ownership of all intellectual property rights in Lock & Alert and this Site and the Apps, including without limitation any information, materials, text, graphics, images, logos, site design, and the selection, assembly, and arrangement of the Site or the Apps ("content"). The content may not be copied, distributed, displayed, modified, reproduced, performed, published or reverse engineered in whole or in part without Our prior written permission.
- NO WARRANTY. NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES, OR AFFILIATED CREDIT BUREAUS ("AFFILIATED PERSON(S)") WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF ANY FEATURE OR INFORMATION CONTAINED IN LOCK & ALERT IN ANY WAY. LOCK & ALERT IS PROVIDED "AS IS", AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE.
TO THE EXTENT APPLICABLE LAW DISALLOWS ANY DISCLAIMERS OR LIMITATIONS IN THIS AGREEMENT, SUCH DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. NEITHER WE NOR ANY OF OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO LOCK & ALERT, THE SITE, OR THE APPS.
THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
- APPLICABLE LAW. This Agreement and its enforcement shall be governed by the laws of the state in which You most recently told Equifax You live according to Equifax’s records, without regard to conflict of law principles.
- ENTIRE AGREEMENT BETWEEN US. This Agreement constitutes the entire agreement between You and Us regarding the Lock & Alert service and information contained on or acquired through this Site, the Apps, or provided by Us, including through other linked third party Internet sites. In the event that this Agreement shall be translated into any language other than English, then the English language version of the Agreement shall control. This Site may contain hyperlinks or other references to third party Internet sites that Equifax does not own or operate. You may be subject to additional terms and conditions that apply when You use third party Internet sites. This Agreement takes effect on Your first use of this Site or the Apps, and it applies to all persons accessing the Site or the Apps from Your computer, and to all persons using Your User ID and password. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You agree that this Agreement is not intended to and does not confer any rights on any persons other than Us and You and the third party beneficiaries referenced in this Section. If any provision of this Agreement is held invalid, unenforceable or void by applicable laws, the remaining portions shall continue in full force and effect. You may not assign this Agreement or the Lock & Alert service to someone else. Unless otherwise explicitly stated, the provisions contained in Sections 3 (Registration; Use of Lock & Alert), 12 (Ownership), 13 (No Warranty), 14 (Limitation of Liability), 15 (Applicable Law) and this Section 16 will survive termination of this Agreement and Your access to and use of Lock & Alert and the information contained on this Site, the Apps, or provided by Us. Suppliers are third party beneficiaries under this Agreement.