OVERVIEW AND ACCEPTANCE OF TERMS
At Customer’s election, Customer may, from time to time, request, receive, and Trak may provide, free services or services subject to a fee, whether a recurring fee or a one-time transactional fee (each a “Service”), and Customer’s receipt and use of such Services shall, at all times be subject to this Agreement. The Term “Service” includes, but is not limited to, the provision of any of Trak’s products and services, including consumer credit report(s), consumer credit risk score(s), commercial credit report(s), commercial credit risk score(s), consumer credit monitoring, commercial credit monitoring, consumer and commercial credit score monitoring and tracking (including all the data contained therein), the receipt of any alerts notifying you of changes contained in your consumer and/or commercial credit report(s), regardless of the manner in which you receive the Services, whether by email, through a website or mobile application, by telephone, or through any other mechanism by which the Service is delivered
or provided to you. The term “you” or “User” refers to a visitor or Customer. For purposes of this Agreement, the terms “we,” “us,” or “Trak” refer to Trak Technologies and referred to as Trak on the Websites, its predecessors in interest, successors and assigns, and any of its third party service providers (including, without limitation, cloud service providers and credit data providers) who Trak uses in connection with the provision of the Services to you.
THE SERVICES AND WEBSITES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREINAND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONSCAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE SERVICES ANDWEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONSSET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOTORDER, USE OR ACCESS ANY SERVICES AND WEBSITES, OR ANY OF THE INFORMATION WITHIN THESERVICES AND WEBSITES, DISCARD ANY INFORMATION YOU RECEIVED IMMEDIATELY AND CALLCUSTOMER CARE TO CANCEL YOUR MEMBERSHIP.
PERMISSIBLE PURPOSE AND CONSENTS
You understand and agree that, by establishing an account with Trak, or submitting or enrolling for any Service, you have provided “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for Trak and/or its parent company KAPED, Inc. ("KAPED") to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you while you have an account with Trak, and such information may be obtained from CreditSafe, LexisNexis Risk Solutions, Equifax, Experian Information Solutions, Inc., TransUnion, LLC, and/or Dun & Bradstreet, Inc. (“Credit Bureaus”) or any other credit reporting company. You understand and agree that, pursuant to such authorization, Trak may access your credit profile, including without limitation, your credit report, credit score(s) and other related information, to, among other things, verify your identity and to provide credit monitoring, credit scoring, credit score monitoring and tracking, or alerts for, among other things, dormant accounts, new accounts, inquiries, other changes to information contained in your credit report. You understand and agree that, by establishing an account with Trak, you have provided express consent to receive credit monitoring, credit scoring, credit score monitoring and tracking and/or alerts via SMS text at the number provided during account creation. You understand and agree that Trak may, from time to time, provide additional products, services, features, and/or functionality to you, and that they shall be offered pursuant to the same authorization that you provided to Trak for Trak to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you to review while you have an account with Trak.
You further understand and agree that, by establishing an account with Trak, or submitting your order or enrolling for any Service, you have provided “written instructions” in accordance with the FCRA for Trak to obtain and use the information you have provided, and your credit report(s) and/or score(s) to notify you of credit opportunities and other products and services that may be available to you through Trak or through unaffiliated third parties (as explained in the section below entitled “General Description of Services”). You understand and agree that Trak receives compensation for the marketing of credit opportunities or other products or services available through third parties, and that this compensation may impact how and where such credit opportunities, products or services appear on a Website (including, for example, the order in which they appear).
This Agreement may be updated from time to time. Online customers should check this website regularly for updates to this Agreement and the included Terms and Conditions. Each time you order, access or use any of the Services and Websites, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement and included Terms and Conditions.
Last Revision Date: 6/10/2021
GENERAL DESCRIPTION OF SERVICES
The Services and Websites are meant to provide you a means to review your personal and business finance and/or credit information for educational purposes only, and to manage if and to the extent you so choose, and may notify you of commercial credit opportunities and other products and services that may be available to you and your business entity through Trak or through third parties (such as, among other things, advertisements or offers for available credit cards, loan options, business products or services, or credit related products or services and other offers to you and/or your business entity, the ability to track and collect certain credit information specific to you and/or your business entity, including but not limited to, credit score, loan and credit card monthly payment, total amount and interest rates). The Services and Websites are meant for you and your business’s use only. The Services and Websites may also provide you other third-party products or services. This includes receiving offers free of charge for various credit or other financial products or services based upon your self-identified credit attributes, the attributes of your business entity (and/or your consumer report and credit score and business entity’s commercial credit report and score). These offers may also be generic and may not contain offers based on information specific to you or your business entity.
We will identify those Services that are provided to you free of charge. Some of the Services (including Premium and Premium Plus) require a fee at the time of Service purchase or enrollment. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize Trak to: (i) submit a transaction using the card information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g. monthly or annual basis) for membership renewals.
If at any time while you have a paid account with Trak, you may choose to downgrade your membership to a different Service plan, including a free Service. You may downgrade your account by contacting Customer Support or by using any other method specified on the Websites. For the sake of clarity, downgrading your account will not cancel your membership. To cancel your account in its entirety and no longer receive Services, you must cancel your account by contacting Customer Support or by using any other method specified on the Websites and expressly cancel your account to no longer receive such Service. In all events, your account with Trak, (including your access to and use of any Services and Websites, and regardless of whether you upgrade or downgrade any Services while maintaining your account), shall be governed by this Agreement and these Terms and Conditions.
You acknowledge and agree that Trak (including its Services and/or Websites) has not and does not provide you or your business entity, legal, tax, financial, or other advice (including, without limitation, advice on how to improve or repair your credit or credit scores), and that its Services and/or Websites are not designed or intended to provide any such advice. As discussed above, and for your convenience, we may provide various other third-party websites that may be of interest to you. The third party offers or links that may be displayed on a Website are from third party companies from which Trak may receive compensation. Compensation may impact how, where or whether a third party product, service or link appears on a Website. Further, Trak does not represent, warrant or guarantee approval of any loan offer or service offered by a third party on any Website or other benefit should you choose to apply for a particular offer. Any suggestion or representation of possible approval are for illustrative purposes only and may vary based on your individual and business entity’s financial circumstances and the terms made available to you by the applicable issuer or lender. Trak disclaims all liability for any errors or omissions in any express or implied suggestions or representations related to possible approvals or benefits made by Trak or its marketing partners. For complete information on any particular offer, see the terms and conditions on the issuer or lender’s website. Once you click apply for any offers, you will be directed to the issuer or lender’s website where you may review the terms and conditions of the applicable opportunity or offer before applying.
MODIFICATION OF PRODUCTS
Trak may, at its discretion, modify or discontinue any of the Products, Product Websites or Content, or any portion thereof, with or without notice. You agree that Trak will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Products, Product Websites or Content.
USE OF THE SERVICES
In consideration of your order of, access to, and/or use of any Services and/or Websites you agree to provide true, accurate, complete and current information about yourself and any business entity you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or when requested todo so by Trak. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, fraudulent, inaccurate or not current, or if Trak has reasonable grounds to suspect that such information is, fraudulent, not current, or intended for misuse, Trak, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Service and/or Website, and refuse all current or future orders of, use of, and/or access to, Service and/or Website, or suspend or terminate any portion thereof. In the event that Trak suspends or terminates your order of, use of, and/or access to, any Service and/or Website for any purpose other than fraud or misuse, Trak will allow access to retrieve your records and data for 5 business days prior to shut-off.
Further, you agree that Trak will not be liable to you, any business entity you are or have enrolled, or any third party if Trak suspends or terminates your order of, use of, or access to any Service and/or Websites, or anyportion thereof, for any reason. You acknowledge and agree that Trak may, in its sole discretion, retain anyinformation you provided to it or generated by Trak (or its affiliates/suppliers, including but not limited to Experian,TransUnion and Dun & Bradstreet) while you have an account with Trak, including any information about you andany credit card or payment or other information obtained in connection with your account and/or the provision ofany Service. If Trak does retain any such information, you acknowledge it is not obligated to retain that informationfor any specified period of time.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTIONBY CALLING TRAK ́S CUSTOMER SUPPORT DEPARTMENT AT 855-226-8388. IN THE UNLIKELY EVENTTHAT TRAK ́S CUSTOMER SUPPORT DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAYHAVE TO YOUR SATISFACTION (OR IF TRAK HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HASWITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSEDISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OFGENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MOREINFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF AJUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERYLIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT ACOURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON ANINDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. TRAK WILL PAYALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS.HOWEVER, IN ARBITRATION, BOTH YOU AND TRAK WILL BE ENTITLED TO RECOVER ATTORNEYS ́FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) Trak and you agree to arbitrate all disputes and claims between us, except any disputes or claims which undergoverning law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted andto make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. It includes,but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort,statute (including, without limitation, the Credit Repair Organizations Act) fraud, misrepresentation or any otherlegal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating toadvertising); claims that are currently the subject of purported class action litigation in which you are not a memberof a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to “Trak,” “you,” and “us” shall include our respective parententities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of theforegoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information underthis or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action insmall claims court. You agree that, by entering into this Agreement, you and Trak are each waiving the right to atrial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, andthus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Thisarbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice ofDispute (“Notice”). The Notice to Trak should be addressed to: Legal & Compliance, Trak, 517 N Mountain Ave.,Suite 205 Upland, CA 91786(“Notice Address”). The Notice must describe the nature and basis of the claim ordispute and set forth the specific relief you seek from Trak(“Demand”). If Trak and you do not reach an agreementto resolve the claim within 30 days after the Notice is received, you or Trak may commence an arbitrationproceeding. During the arbitration, the amount of any settlement offer made by Trak or you shall not be disclosedto the arbitrator until after the arbitrator determines the amount, if any, to which you or Trak is entitled.
You may obtain more information about arbitration from www.adr.org.
(c) After Trak receives notice at the Notice Address that you have commenced arbitration, it will promptlyreimburse you for your payment of the filing fee. (The filing fee currently is $125 for claims under $10,000, but issubject to change by the arbitration provider. If you are unable to pay this fee, Trak will pay it directly uponreceiving a written request at the Notice Address.) The arbitration will be governed by the Commercial DisputeResolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAARules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administeredby the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or bywriting to the Notice Address.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as wellas the Agreement ́s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreementincluding, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. The arbitrator shall be bound by the terms of this Agreement. Unless Trak and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, Trak will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Trak for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND TRAK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR ORITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSOR REPRESENTATIVE PROCEEDING. Further, unless both you and Trak agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph(f) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if Trak makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any credit monitoring or other product, you may reject any such change and require Trak to adhere to the language in this provision if a dispute between us arises regarding such membership product.
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
> You have been denied credit, insurance or employment in the past 60 days as a result of your report
> You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification
> You are a recipient of public welfare assistance
> You have reason to believe that your file at the agency contains inaccurate information due to fraud
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from Trak to dispute inaccurate or incomplete information in your consumer credit file or to receive a copy of your consumer disclosure.
The credit report you are requesting from Trak is not intended to constitute the disclosure of consumer credit information required by the FCRA or similar state laws. Such consumer disclosures must be obtained directly from one or all of the three national credit reporting companies (Experian, Equifax, Transunion).
The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax®, and TransUnion®) once every 12months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the credit reports from one or all of the three national credit reporting companies that are available from Trak may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go towww.annualcreditreport.com, or call 877-322-8228. Trak’s Products are not related to the free FCRA disclosure that you are or may be entitled to.
Consumers Have The Right To Obtain A Security Freeze
You have a right to place a “security freeze” on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit.
As an alternative to a security freeze, you have the right to place an initial or extended fraud alert on your credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting 7 years.
A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
The Services made available through the Websites are intended for use by U.S. users only. We make no representation or warranties that the information, products or services provided through the Services or the Websites are appropriate for access or use in other jurisdictions. 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, including within the United States, at any time and in our sole discretion.
NOTICE OF PROSECUTION
Your access to and use of password protected and/or secure areas of the Product Websites are restricted toauthorized users only. Unauthorized individuals attempting to access these areas of the Product Websites may besubject to prosecution.
Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. Inaddition, any person who knowingly and willfully obtains a consumer credit report or disclosure under falsepretenses may face criminal prosecution.
SECURITY MEASURES AND AUTHENTICATION
Because Trak uses security measures designed to protect your privacy and to safeguard your information, Trak may not always be able to successfully provide Products to you, including instant online delivery of your credit report for online customers. For example, for certain online Products, when the system is unable to authenticate you, you may be routed through a manual authentication process. In the event that you are routed through a manual authentication process, it is your responsibility to complete authentication so that you can gain access to your membership on the website. Your membership will continue and we will continue to monitor your credit report, all of which will be available to you once you complete authentication. Consequently, you will continue to be billed for your membership and the associated services available to you until you downgrade to a free Service or cancel. For certain products, Trak cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times. For such products, you will not be charged prior to authenticating your identity or alternatively, you will be refunded any charges billed in the event you are unable to authenticate your identity.
REVIEW AND RECEIPT OF PRIVACY NOTICE
ELECTRONIC NOTICE DISCLOSURE, CONSENT, AND DELIVERY OF PRODUCTS
By providing Trak with your email address, you are providing your affirmative consent to receive emails from Trak in order to receive Product alerts, changes to your credit report, notices and other communications.
Affirmative Consent. When you use a product or service to which this Consent applies, you are providing your affirmative consent that we may provide you with any Notice in electronic format, and that we may discontinue sending paper Notices to you, unless and until you withdraw your consent as described below. We may also use electronic signatures and obtain them from you as part of our transaction with you. You must have an email address and a Java-compatible browser to receive your Products online. As an online customer, you are agreeing to receive all notifications via email at the email address on file with Trak. You are obligated to update the email address on file when your email address changes. In the event that you 1) fail to update your email address on file with Trak; or, if applicable 2) fail to provide your affirmative consent to receive email from us, and thus Trak is unable to deliver email messages to you, you nonetheless understand and agree that the Product will be fulfilled at the price agreed upon at the time that you placed your order. Acceptance of this consent is not a condition of establishing any business relationship or engaging in any transaction. If you would like to use Trak’s services without consenting to receive notices electronically, please call us at 1- 888-656-3823.
Paper Copies. You may request paper copies of Notices by calling us at 1- 888-656-3823. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law.
Online Hardware and Software Requirements. To receive Notices in electronic form, you must have access to:
Updating Your Contact Information. You must have an active e-mail address in order to use the Service. You must promptly notify us of any change in your e-mail address or other contact information. You may change your e-mail address on record once logged into Trak.com by going to your profile and updating your contact information. You may also notify us by calling us at 1- 888-656-3823. Additionally, you may notify us by writing to us at Trak Technologies, ATTN: Customer Service, 517 N Mountain Ave., Suite 205, Upland, CA 91786. If you fail to update or change an incorrect or invalid e-mail address or other contact information, you understand and agree that all Notices shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our websites, emailed to the e-mail address we have for you in our records, or delivered through other electronic means.
Withdrawal of Consent to Electronic Notices. You may withdraw your consent to receive Notices electronically at any time by calling us at 1- 888-656-3823. You may also notify us by writing to us at Trak Inc., ATTN: Customer Service, 517 N Mountain Ave., Suite 205, Upland, CA 91786. You will not be charged a separate fee if you choose to withdraw your consent. Any withdrawal of your consent will be effective only after we have had a reasonable period of time to act upon your withdrawal. Any withdrawal of your consent to receive electronic communications will not affect the legal validity, enforceability and binding effect of any Notice you received, electronic or otherwise, before the effective date of the withdrawal of your consent. Even if you choose to withdraw your consent to receive notices electronically, the website and all of the valuable features of your membership are still available to you at any time by simply logging in. Accordingly, your membership will continue and the services will remain available whether you again provide affirmative consent to receive e-mails or not.
NO WARRANTY BY TRAK
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PRODUCTWEBSITES AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, PRODUCT WEBSITES, ANDCONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TRAK AND ITS SUPPLIERSEXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND WHETHEREXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THEINFORMATION CONTAINED IN THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR OTHERMATERIALS YOU MAY RECEIVE FROM TRAK DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OROTHER PROFESSIONAL ADVICE. OTHER THAN TO THE EXTENT MADE IN, WITHIN THESE TERMS ANDCONDITIONS, TRAK MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT AREACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BEOBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.
If you are using an activation code to obtain a Product, you are restricted to a one-time use of such activation code. Any subsequent use of the activation code will result in immediate termination of any associated Products without notice and in accordance with the termination provision(s) in the section entitled “Use of the Products,” found herein.
Please note that if you improperly obtain a Product with an activation code, any credit card number you may have provided to us will also be charged with the fee for the Product that was obtained improperly.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT TRAK WILL NOT BE LIABLE TO YOU (OR ANY OF YOURMINOR CHILDREN) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OREXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE,OR INABILITY TO USE THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR MEMBERSHIP BENEFITS, ORFROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IFAPPLICABLE), EVEN IF TRAK HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOMEJURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION ORLIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THEAFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BYAPPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON TRAK, THEN YOU AGREE THAT TRAK’S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR CHILDREN) FOR ANY ORALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN) FROM TRAK’S ACTS OROMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEEDTHE AMOUNT PAID BY YOU TO TRAK FOR THE PRODUCT(S) YOU PURCHASE FROM TRAK.
NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
None of our services for which you pay us money, including our credit monitoring services, are offered or provided with respect to the extension of credit by third parties. You are paying us only for credit monitoring services. You are not paying us to advise you or assist you in obtaining a loan or improving your credit record, history, rating or Score. Trak offers access to your credit report, your VantageScore 3.0®, and other credit information. Trak and its affiliates are not credit repair organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Products, Product Websites, and Content in order to do so.
Accurate adverse information on your credit report cannot be changed. If you believe that your credit reportcontains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reportingcompany, and follow the appropriate procedures for notifying the credit reporting company that you believe thatyour credit report contains an inaccuracy. Any information provided to you regarding the procedures followed bythe various credit reporting companies related to the removal of inaccurate, non-fraudulent information is providedwithout charge to you and is available for free. Any such information is not included as part of your credit scoremonitoring product but is provided free of charge to all consumers, regardless of whether they are members of thecredit score monitoring product.
The VantageScore, with scores ranging from 300 to 850, is a user-friendly credit score model developed by VantageScore Solutions, LLC to help you see and understand how lenders view your credit worthiness. It is not a FICO score and is not usually used by lenders, but it is indicative of your overall credit risk. Higher scores represent a greater likelihood that you ́ll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Your credit score is based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit score can vary if the information they have on file for you is different. And since the information in your file can change over time, your credit score may be different from day-to-day.
Lenders and insurers use several different credit scoring models so don’t be surprised if your lender gives you a score that ́s different from the VantageScore 3.0 you receive online. Just remember that your associated risk level is generally the same even if the number is not. If the lender ́s score is lower than your online score, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
REGISTERING FOR ANY PRODUCT
To request a credit report or score, or purchase any Product, you must have an address within the United States, provide a valid Social Security number, address, email address and date of birth and agree to be bound by these Terms and Conditions. In other limited circumstances, you may need to provide a valid telephone number so that Trak can process your order. You must provide valid credit card information. Trak will then evaluate your complete registration information.
In certain jurisdictions, sales tax at state and local rates may apply, in which case you may be charged the applicable taxes in addition to the monthly fee and/or the price of the product.
For certain Products and/or channels where Products are sold, we reserve the right to accept or decline some forms of payment, including, but not limited to “pre-paid” or “re-loadable” credit/debit cards.
CREDIT MONITORING – ADDITIONAL TERMS AND CONDITIONS
Your membership in any of Trak’s products for which Trak charges you a monthly fee credit monitoring is effective for the period covered by your membership fee and continues upon your payment of the monthly/annual renewal fee. Renewal fees for your membership will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, on the first day of each successive 30-day membership term, until you cancel your membership. Should you choose to discontinue your membership for any reason before expiration of the then applicable membership term for which you have paid, you may cancel your membership and terminate further billing by calling the toll-free number listed on this Web Site, or by calling 888-656-3823. If you are a monthly subscriber and choose to cancel after your free trial ends or anytime during your monthly billing term, your membership and monthly billing will terminate at the end of your monthly billing term and you will not be eligible for a prorated refund of any portion of your paid monthly membership fee. If you change your membership level from a paid membership level to a free membership level, your paid membership will terminate immediately and you will lose the ability to access paid membership benefits and you will not be eligible for a prorated refund of any portion of your paid monthly membership fee. Trak reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership.
CREDIT REPORTS AND CREDIT SCORES – ADDITIONAL TERMS AND CONDITIONS
When you use any Product, Product Website and/or Content to access your personal credit report and/or credit score, you are certifying that you understand and agree to the following:
Disclaimers: You acknowledge that the information provided to you through the VantageScore 3.0 products, including the score factors derived from the elements in your credit report, may change over time as your credit report changes. You also acknowledge that the score factor information on how to monitor your credit position assumes there will be no adverse changes in your credit performance. TRAK IS NOT RESPONSIBLE FOR THEACCURACY OR CONTENTS OF YOUR CREDIT FILE, INCLUDING BUT NOT LIMITED TO, INFORMATIONDELIVERED IN THE CREDIT REPORT AND/OR SCORE PRODUCTS. Please note that pursuant to section 609fof the FCRA, consumers can obtain their credit score at any time for a statutorily set fee.
LOAN REALITY CHECK REPORTS AND SCORES – ADDITIONAL TERMS AND CONDITIONS
Our services to you my contain third party content or links to third party websites, applications or services(collectively, “Third Party Content”). Our Services may also include features that allow you to connect your Trak account with accounts or services provided by third parties, such as accounts you maintain with financial institutions. We do not control, maintain, or endorse the Third Party Content or Third Party Services and Trak is not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content of Third Party Services, including any privacy policies and terms of service. Trak is not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.
Users may direct Trak to retrieve their own information maintained online by third parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Trak works with one or more online service providers to access this Account Information. Trak does not review the Account Information for accuracy, legality or non-infringement. Trak is not responsible for the Account Information or products and services offered by or on third party sites.
ACCOUNT INFORMATION FROM THIRD PARTY SITES
Trak cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain or loss of data, personalization settings or other service interruptions. Trak cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account information through the Services, in the manner prescribed in the associated instructions.
RIGHTS YOU GRANT TRAK
PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Trak is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR
NEITHER TRAK NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE.TRAK IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Services are intended only to assist you and your business in your financial organization and decision-making and is broad in scope. Your business financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who are fully aware of your unique circumstances.
Trak’s online marketplace offers provide you with information about potential loan products that may be suitable for your business and for which your business may qualify for based on information provided to Trak by you. Trak does not negotiate or assist in the application process on your behalf and does not receive nor request compensation for providing you with marketplace offers. Trak is not a lender and is not engaged in the business of making loans. Trak makes no promise or guarantees to procure a loan for any person or business. In the event that you are approved, you accept, and receive funds from a third-party service provider in Trak’s online marketplace, you certify that any such funds received are for business purposes only and will be placed in a business accounts egregated from any personal account.
You acknowledge and agree that Trak’s name, the Trak Logo, Page Headers and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of Trak (collectively “Marks”). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. Trak Marks may not be used in connection with any product or service that is not Trak’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Trak. All other trademarks, product names, or logos not owned by Trak that appear on this Product Website are the property of their respective owners.
All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of Trak or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of Trak or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent.
Certain aspects of this website as well as features and services accessible from this website may be covered by one or more of the following: U.S. Patent Nos: U.S. Patent No. PENDING