Kasasa Protect Terms and Conditions
These terms and conditions (“T&Cs”) govern Kasasa Protect and Kasasa Protect+ and constitute an agreement between users that enroll in, use or access any of the Services and/or the Site (“You” or “Your”), Kasasa, Ltd. (“Kasasa,” together with and Kasasa’s affiliates, services providers, licensors and subcontractors “Our”, “We”, or “Us”).
Changes to Services, T&Cs, and/or Site
Kasasa may amend any part of these T&Cs at any time, and the amended terms will be effective ten (10) days after initial posting at the Site. Kasasa may make any such changes effective immediately to maintain the security of the system, Services, Site, Your Information, Account Data and/or Account Information, as hereinafter defined, or to comply with any applicable laws and/or regulations. In addition, Kasasa may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Site at any time in its sole discretion. Further, Kasasa may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND/OR SITE. YOUR CONTINUED USE OF THE SERVICES OR SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE T&CS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review these T&Cs periodically to ensure You become aware of changes which are made to these T&Cs by Kasasa from time to time.
Kasasa Protect (“Services”) is identity fraud protection, credit monitoring and restoration services that include various services depending on the level of protection selected by You. The Services can be purchased for a monthly fee in branch at Your financial institution or digitally online. To add or enable the Services, You must provide explicit authorization. You can cancel the Services at any time, as provided herein.
The specific features available to You will depend on the tier level of Services purchased.
If the Services You have purchased include credit services, including, but not limited to credit reports, credit scores, and credit tracking, then the following shall apply:
You may access Your credit report and/or score on the date of delivery. Credit reports and/or scores may not be available for access after the initial delivery date. If You have questions on Your credit report or if You would like to dispute the information, You may request any investigation by contacting the credit reporting company as indicated on the credit report. You acknowledge that the information provided to You through Your credit report and score 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. We are not responsible for the accuracy or contents of Your credit file, including but not limited to information delivered in the credit report and/or score products. Please note that pursuant to section 609f of the Fair Credit Reporting Act, You can obtain Your credit score at any time for a statutorily set fee.
If the Services You have purchased included resolution or restoration services, then the following shall apply:
To obtain assistance and receive resolution or restoration services, there are certain steps that You must follow. Failure to follow these steps may result in an inability to provide the services to You. Please refer to Your enrollment document for specific instructions. This feature is designed to help You in connection with resolution of identity theft. This is provided to assist with resolution and is separate from any and all precautions You should reasonably be expected to take, including protecting Your account names, passwords, social security number and other personally identifiable information (“PII”). An independent investigation of the facts and circumstances related to any identity restoration request, including making contact by telephone, email, United States Postal Service or otherwise, to any service provider or any other person or entity deemed necessary, regardless of whether You provide express authorization to make such contact for purposes of verifying and assisting You with your identity restoration assistance request, may be required. You may be requested to provide corroborating evidence of the unauthorized transaction, identity theft, or other facts related to Your identity restoration request, including signed affidavits, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that we may deem necessary and reasonable. If You fail or refuse to provide Us with any requested corroborating evidence related to a possible identity theft, You may be refused the restoration services. If it is determined that You knew, or should reasonably have known, of an act of identity theft that commenced prior to Your enrollment, You may be refused the restoration services.
If the Services You have purchased included monitoring services, then the following shall apply:
Each credit reporting company has different processing times, therefore, if You are enrolled in tri-bureau reporting, You may not be enrolled with each credit reporting company at the same time. Following successful enrollment Your monitoring will begin. You acknowledge and agree that Kasasa has no control, and therefore, is not responsible, for the enrollment process with the credit reporting companies and bureaus. Kasasa cannot guarantee that You will be successfully enrolled in monitoring. If You order monitoring service that includes a single bureau credit monitoring product, You will only be requested to be enrolled in one credit monitoring program. If You order monitoring service that includes a three credit bureaus monitoring product, You will be requested to be enrolled with three credit monitoring programs. Your order is conditioned upon successful enrollment in the credit monitoring program. If You are not able to be enrolled, Your order will be cancelled, and You will not receive alerts or monitoring of changes to Your applicable credit file.
If the Services You have purchased included insurance, then the following shall apply:
Please refer to the actual policies from the insurance company and its subsidiaries or affiliates for terms, conditions, and exclusions from coverage. Coverage may not be available in all jurisdictions.
Your access and use of the Services may be interrupted from time to time, including, but not limited to, due to the malfunction of equipment, periodic updating, maintenance or repair of the Site and/or the Services or other actions that We, in Our sole discretion, may elect to take. Maintenance upon the Services may be performed from time to time resulting in interrupted service, delays or errors in the Services. We are not liable to You or any third party for any interruption, delays, or errors in the Services.
We may, at Our sole discretion, transfer, migrate or terminate, in whole or in part, the Services or support of the Services, or any tiered level of the Services. In the event that We terminate the Services or a part of the Services per this provision, We will discontinue any and all related services after the notice and You will not owe any fees for the terminated Services other than the fees due prior to termination.
Enrollment, Term, Cancellation
To enroll in the Services, You must (a) be eighteen (18) years of age or older; (b) be a resident of the United States or one of its territories; and (c) register and maintain a unique email address. By enrolling in the Services, You acknowledge that you satisfy the foregoing requirements. Upon (x) enrolling for the Services and acceptance of these T&Cs, (y) providing a valid e-mail address, and (z) establishing a monthly ACH or credit/debit card authorization for the Services (“Enrollment”) (all in-branch Enrollments will be paid by ACH only, any digital Enrollment may be paid by ACH or credit/debit card), You shall either (i) for in-branch Enrollments, receive an e-mail that includes a link to the Site and Your subscriber number, or (ii) for digital Enrollments, receive an immediate confirmation from the Site of Your Enrollment. After entering Your subscriber number, You must verify Your personal information (“Verification”). You agree to provide accurate, current and complete information about yourself. You agree to not misrepresent Your identity. You also agree to maintain and update this information, including Your email address on a regular basis to ensure its accuracy. Failure to provide and maintain accurate and complete information may prohibit or terminate Your use of the Services or result in errors in information generated.
Upon Enrollment, You will have access to all items listed under monitoring and restoration services above. Upon completion of the Verification, the term shall commence. Upon commencement of the term, You will be able to view all items, and alerts associated therewith, listed under credit services and monitoring services above. The term shall run for one (1) month and shall renew automatically for recurring one (1) month periods until cancelled by You. If you enrolled in the Services online, You may cancel Your Services at any time by calling (888) 483-3301. If you enrolled in the Services at Your financial institution, You may cancel Your Services at any time by notifying Your financial institution of Your election to cancel. Written notices should be sent to Your financial institution’s primary address. Verbal cancellations should be directed to Your financial institution by calling their primary phone number. Your financial institution may or may not require all cancellations to be in writing. You should confirm the cancellation requirements with Your financial institution. Cancellations may take more than one (1) business day to process. Once a cancellation has been processed and finalized, Your access to the Services and Site will be terminated. Some of Your Information and Account Data may remain stored by Us for record keeping purposes. When cancelling, Your then current month's fee will not be reimbursed or prorated. The monthly fee will not be charged for the following month after a cancellation request has been processed.
We may cancel Your access to the Services and/or Site at any time for any reason, including, but not limited to, Your breach of the T&Cs; actions by You that reflect an inability to comply with the T&Cs; when required by law; when a Service Provider has terminated a relationship with Kasasa or ceased to offer the Services to You; or when the provision of Services to You is, in Our sole opinion, no longer commercially viable. If You enrolled in the Services at Your financial institution, Your financial institution reserves the right to cancel Your Services if the monthly fees are not fully and timely paid and properly fulfilled. Should We or Your financial institution cancel Your Services, a cancellation notification email will be sent to the email address You maintain at the Site. If Your deposit account is closed by Your financial institution, any add-on products or services associated with that account, including the Services, will also be terminated at the same time. Your then current fees will not be reimbursed or prorated. The monthly fees will not be charged for the month following termination.
The Services are provided for a monthly fee, the amount of which depends on the tier selected by You. Please refer to Your Services enrollment documentation for specific fee information. If You enrolled in the Services at Your financial institution, the fees are set by Your financial institution. Please refer to Your Services enrollment documentation or Your financial institution for specific fee information.
For in-branch Enrollments, Fees will be automatically debited from Your established billing account on the third (3rd) of each month. Fees will begin on third (3rd) day of the month following Your Enrollment and will end one (1) day after Your cancellation has been processed.
For digital online Enrollments, Fees will be automatically billed and debited via ACH or credit/debit card on each month following Your online Enrollment date. Fees will continue on a monthly basis until Your cancellation has been processed.
Upon Verification, You will be able to receive alerts and notifications through the Site. Email notifications will be sent to the email address You maintain at the Site. You understand, acknowledge, and agree that in order to receive the Services, including receiving Services' alerts and notifications via the Site, You must complete the Verification and register and maintain Your email address at the Site.
We may communicate with You by email, text or by posting notices on the Site or providing alerts through the Services. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communication be in writing. Your consent to receive communications electronically is valid until You revoke Your consent by notifying Kasasa in writing of Your decision to do so. If You revoke Your consent to receive communications electronically, We may terminate Your right to use the Services.
You understand and agree that any alerts provided to You through the Services may be delayed or prevented by a variety of factors. While We will use commercially reasonable efforts to provide timely and accurate alerts, We neither guarantee the delivery or accuracy of the content of any alert. You agree that We will not be liable for (i) any delays, failure to deliver, or misdirected delivery of any alert; (ii) any errors in the content of an alert; (iii) any actions taken or not taken by You; nor (iv) any third party reliance on an alert.
Who May Use
(a) You agree that You will use the Services only for Your own behalf. You will be responsible for all use of Your subscriber number and must notify Kasasa immediately of any unauthorized use of Your subscriber number, or the theft or misplacement of Your subscriber number.
(b) You understand that by enrolling in the Services, You are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for Kasasa and its service providers, which may include CSIdentity Corporation (“CSID”), to obtain information from Your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You authorize Kasasa and its service providers to use Your Social Security number to access Your personal credit profile, to verify Your identity, and to provide credit monitoring, reporting and scoring products.
Your Information, Account Information, Account Data
You are solely responsible for (a) the accuracy, quality and reliability of any and all information provided by You, or anyone authorized by You, to or with the Site and/or Services (collectively, “Your Information”), (b) maintaining the confidentiality and security of Your login information, passwords, and any other security or access information used by You or anyone you authorize on your behalf to access the Services (collectively, “Account Information”), (c) preventing unauthorized access to or use of Your Information, the files or data that You, or anyone authorized by You, store or use in or with the Site and/or Services (collectively, “Account Data”), (d) all communications, including electronic communications and account registration, made using the Account Information (“Communications”), and (e) without limiting the foregoing, any and all activities that occur while You utilize the Services.
We assume that any Communications received through use of the Account Information were sent or authorized by You. You agree to immediately notify Us if You become aware of any loss, theft or unauthorized use of any Account Information. We reserve the right to deny You access to the Services and/or Site (or any part thereof) if We reasonably believe that any loss, theft or unauthorized use of Account Information has occurred.
Anonymous, aggregate information that does not contain PII, comprising financial account balances, other financial account data, or other available data that is collected through Your use of the Services, may be used or licensed by Us for various purposes including, but not limited to, (i) conducting certain analytical research, performance tracking and bench marking, (ii) helping to improve products and services, and (iii) helping to assist in troubleshooting and technical support.
Copyright, Trademark Notices, Other Intellectual Property
All contents of the Site: Copyright © 2020 Kasasa, LTD. All rights reserved. "Kasasa" and “Kasasa Protect” are service marks of Kasasa, LTD. CSID and Experian are registered trademarks of Experian Partners Solutions, Inc. Other product and company names mentioned herein or within the Site may be the trademarks or service marks of their respective owners. To this end, You may not, without the prior, written consent of the Kasasa or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Site or otherwise owned by Us. These T&Cs shall not be deemed to transfer from Us to You (i) any of Our intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Us, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in these T&Cs.
All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Us, and any know-how, methodologies, equipment, or processes used by Us to provide the Services to You, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively, "Our Materials") shall remain Our sole and exclusive property. To the extent, if any, that ownership of Our Materials does not automatically vest in Us by virtue of these T&Cs or otherwise, You hereby transfer and assign to Us all rights, title and interest which you may have in and to Our Materials.
Disclaimers of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES AND/OR THE SITE, IS AT YOUR SOLE RISK; (b) THE SERVICES AND/OR THE SITE ARE BEING PROVIDED “AS IS, WHERE IS AND AS AVAILABLE”; (c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES AND/OR THE SITE, IN WHOLE OR IN PART, INCLUDING (i) ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, FUNCTIONALITY, TITLE AND NON-INFRINGEMENT, (ii) REPRESENTATIONS AND WARRANTIES THAT THE SITE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE, THAT THE QUALITY OF THE SERVICES AND/OR THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, AND THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, (iii) REPRESENTATIONS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE, (iv) ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATED TO THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, RELIABILITY OR ACCURACY OF THE SERVICES AND/OR THE SITE, IN WHOLE OR IN PART, (v) ANY WARRANTY THAT THE SERVICES AND/OR THE SITE WILL BE SECURE, UNINTERRUPTED, TIMELY, VIRUS-FREE OR ERROR-FREE, AND (vi) WARRANTIES RELATED TO THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE CORRECTION OF DEFECTS IN THE SERVICES, OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE; (d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK; (e) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES AND/OR THE SITE; AND (f) THE CURRENT STATE OF THE SERVICES AND/OR THE SITE DOES NOT ALLOW FOR ERROR-FREE USE OF THE SERVICES AND THAT INTERRUPTIONS, CRASHES, DOWNTIME AND DELAY IN SERVICES MAY OCCUR. IN ADDIITON, KASASA MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY FINANCIAL INSTITUTION OR SERVICE PROVIDER THAT MAY PROVIDE THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&CS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, INCLUDING DAMAGES FOR TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, OR PECUNIARY LOSS ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE SERVICES; ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, INCLUDING ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION IN YOUR USE OF THE SERVICES; ANY ACT OR OMISSION BY US IN ADMINISTERING THE SITE OR THE SERVICES; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS THROUGH THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THE SITE AND/OR THE SERVICES.
THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN US AND YOU. WE AND WOULD NOT BE ABLE TO PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY US IN EXCESS OF $1.00. THIS LIMITED REMEDY IS AGREED TO BY YOU AND US AND SURVIVES A FAILURE OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NEITHER KASASA, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER KASASA, 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 THE SERVICES. NEITHER KASASA, 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. NEITHER KASASA, 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 IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID KASASA FOR THE SERVICES. THE SERVICES ARE NOT A CREDIT COUNSELING SERVICE AND DO NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THESE T&CS.
You agree, at Your expense, to defend, indemnify, hold harmless, protect and fully compensate Us from any and all claims, liability, damages, losses, expenses and costs (including attorneys’ fees) caused by or arising from Your use of the Site and Services, including without limitation any claims alleging facts that if true would constitute a breach by You of these T&Cs.
Choice of Law
By visiting or using the Site and/or the Services, You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these T&Cs. You agree that any claim or dispute of any sort that might arise between You and Us must be brought in Travis County, Texas. You irrevocably waive any objection to such venue.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. SUMMARY:
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING CUSTOMER SERVICE AT 1-888-483-3301. IN THE UNLIKELY EVENT THAT CUSTOMER SERVICE IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE WITH KASASA AND/OR KASASA’S SERVICE PROVIDER(S) TO YOUR SATISFACTION (OR IF KASASA AND/OR KASASA’S 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 KASASA AND/OR KASASA’S SERVICE PROVIDER(S), ON THE OTHER, EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THESE T&CS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. WE WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, YOU, ON THE ONE HAND, AND KASASA AND/OR KASASA’S 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 – You, on the one hand, and Kasasa and/or Kasasa’s service provider(s), on the other, agree that any claim or dispute ("Claim") between You and Us shall, at the election of any one of the parties, be resolved by binding arbitration 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 Claims by You against Kasasa and/or Kasasa’s service provider(s) as well as their respective corporate affiliates for claims arising out of these T&Cs directly related to the services or product/service websites. However, any disputes or claims you may have which relate to your 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 agreeing to these T&Cs, You, Kasasa and/or Kasasa’s 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 KASASA AND/OR KASASA’S 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 both You and Kasasa 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 in this Section shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties 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 of this Section shall survive any termination, cancellation or expiration of these T&Cs.
THIS NOTICE IS REQUIRED BY LAW. You have the right to a free credit report from each of the three major credit bureaus through annualcreditreport.com or 877-322-8228, the ONLY authorized source under federal law. Free credit monitoring services are available to every active credit consumer via www.freecreditscore.com. This free service provides electronic monitoring and notifies a consumer of changes to their credit file. The Services include the ability to place or release credit freezes on Your credit report with Experian only. Through the Services, You will be assisted in placing or removing this credit freeze at no additional cost. In addition, You will be provided with contact information for the other credit bureaus; however, no credit freeze will be placed at the other credit bureaus on Your behalf. In accordance with the Economic Growth, Regulatory Relief and Consumer Protection Act, credit bureaus are to provide one free credit freeze (and associated removal) per year for consumer requests made after September 21, 2018. Your financial institution shall not have any liability for the accuracy of the information contained in the credit reports provided through the Services including, but not limited to, any liability for damages, direct or indirect, consequential or incidental.
VantageScore 3.0 Credit Score:
VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that You'll pay back Your debts so You are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that You may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of Your credit history known as Your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So Your credit scores can vary if the information they have on file for You is different. Since the information in your file can change over time, Your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.
There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if Your lender gives you a score that's different from your VantageScore. (And Your VantageScore 3.0 may differ from Your score under other types of VantageScores). Just remember that Your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender's score is lower than Your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
These T&Cs constitute the entire agreement between You and Us and supersede all prior and contemporaneous communications, promises and proposals, whether oral, written or electronic, between You and Us with respect to the Services and Site. Each covenant and agreement in these T&Cs shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these T&Cs to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these T&Cs will not be affected and will be found to be valid and enforceable to the fullest extent permitted by law. All covenants, agreements, representations and disclaimers as to warranties and limitations on liability made in these T&Cs will survive your acceptance of these T&Cs and the termination of these T&Cs. All rights not expressly granted herein are reserved.
For all purposes of these T&Cs, except as otherwise expressly provided or unless the context otherwise requires:(i) the terms defined herein include the plural as well as the singular and vice-versa; (ii) all headings are for convenience only and shall not affect the interpretation or construction of these T&Cs; and (iii) the words “including,” “included” and “includes” mean inclusion without limitation.