ACCEPTANCE OF TERMS
These terms and conditions ("Terms and Conditions") apply to all transactions between you and Pathway Financial. By submitting your order, you acknowledge receipt of our Privacy Notice and agree to its terms, confirm your authorization for Pathway Financial to obtain your consumer report (“Basic Report”), scores (“Scores”) and other enhancements to the Basic Report, and agree to the Terms and Conditions herein. For purposes of these Terms and Conditions, the term “Credit Reports” includes Basic Reports, Score and other enhancements to Basic Reports, individually or collectively, as the context requires.
YOUR USE OF THE SERVICES (DEFINED BELOW) BEING PROVIDED TO YOU ARE SUBJECT TO THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THEM CAREFULLY. YOUR ACCEPTANCE AND USE OF THE SERVICES CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE THE SERVICES OR ANY OF THE INFORMATION WITHIN THE SERVICES; DISCARD THE SERVICES YOU RECEIVED IMMEDIATELY AND CALL CUSTOMER SERVICE TO CANCEL YOUR MEMBERSHIP. MOREOVER, IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE, THE SERVICES OR ANY INFORMATION CONTAINED ON THIS WEB SITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS.
These Terms and Conditions are made between you and Pathway Financial, the providers of the products and services at this web site (“Web Site”). All products and services (including, but not limited to, the Credit Reports) offered on this site by Pathway Financial, (collectively, the “Services”), are subject to these Terms and Conditions, which may be updated from time to time. Please check this Web Site regularly for updates to these Terms and Conditions.
USE OF THE SERVICES
In consideration of your use of the Services, you agree to provide true, accurate and current information about yourself as prompted by the application form on this Web Site. You certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if Pathway Financial have reasonable grounds to suspect that such information is untrue, inaccurate or not current, Pathway Financial, at their sole discretion, have the right to suspend or terminate your use of any Service and refuse all current or future access to use of the Services or suspend or terminate any portion thereof. Further, you agree that Pathway Financial will not be liable to you or any third party if Pathway Financial suspends or terminates your access to the Services for any reason.
Pathway Financial obtains credit information used to prepare Credit Reports from the three national credit repositories (Equifax, Experian, TransUnion, collectively, the “CRA Repositories”). The Credit Reports Pathway Financial provides are intended to furnish you with information that you may not otherwise have readily available to you, but should not be relied upon for important personal and financial decisions. You should consult your own professional adviser for specific advice tailored to your personal situation.
YOU UNDERSTAND THAT BY CHECKING THE “CONTINUE” BOX IMMEDIATELY FOLLOWING THESE TERMS AND CONDITIONS, YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” IN ACCORDANCE WITH THE FAIR CREDIT REPORTING ACT, AS AMENDED (“FCRA”), FOR Pathway Financial TO OBTAIN INFORMATION FROM YOUR PERSONAL CREDIT PROFILE FROM ANY CONSUMER REPORTING AGENCY. YOU ALSO AUTHORIZE Pathway Financial TO ACCESS YOUR PERSONAL CREDIT PROFILE TO VERIFY YOUR IDENTITY TO AVOID TRANSACTIONS IN YOUR NAME, AND TO PROVIDE CREDIT MONITORING, REPORTING AND SCORING PRODUCTS.
YOU UNDERSTAND THAT IT MAY BE A VIOLATION OF FEDERAL AND/OR STATE LAW FOR YOU TO OBTAIN A CREDIT REPORT ON ANY PERSON OTHER THAN YOURSELF, AND THAT UNDER THE FCRA, ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN 2 YEARS, OR BOTH.
FCRA DISCLOSURES
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from consumer reporting agencies for a reasonable charge. Full disclosure of information in your file at the three national credit repositories must be obtained directly from the repositories:
Experian: www.Experian.com
Equifax: www.equifax.com/fcra
TransUnion: 1-800-916-8800
The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:
• 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 on public welfare assistance
• You have reason to believe that your file at the consumer reporting agency contains inaccurate information due to fraud
• You have been denied credit, insurance, or employment in the past 60 days as a result of your Credit Report.
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 Pathway Financial to dispute inaccurate or incomplete information in your credit file maintained by the CRA Repositories.
The Credit Report you are requesting from Pathway Financial is not intended to constitute the disclosure of Experian, Equifax or TransUnion information required by the FCRA or similar state laws.
The FCRA allows consumer to get one free comprehensive disclosure of all the information in their credit file from each of the Repositories once every 12 months through a central source. Although comprehensive, the Credit Reports from each of the Repositories that are available from the Pathway Financial Web Site may not have the same information as a credit report obtained directly from the three Repositories or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) 322-8228 or by using the mail request form available at the central source website. The Services at this Web Site are not related to the free FCRA disclosure that you are or may be entitled to.
Consumers residing in the states of Colorado, Maine, Maryland, Massachusetts, New Jersey, and Vermont may receive an additional free copy of their credit report once per year and residents of the state of Georgia may receive two (2) additional copies per year. For Illinois residents, credit reporting agencies are required by law to give you a copy of your credit record upon request at no charge or for a nominal fee.
MODIFICATION OF SERVICES
Pathway Financial may, at their discretion, modify or discontinue any of the Services or a portion thereof, with or without notice. You agree that Pathway Financial will not be liable to you or any third party for any modification or discontinuance of any of the Services.
DISCLAIMERS
Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to successfully provide our Services to you, including instant online delivery of your Credit Report. For certain of your Services, when the system is unable to verify your identity, you may be routed through a manual authentication process.
You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive your Services online. Pathway Financial are not responsible for any overdraft/over-the-limit charges or bank fees if your account contains insufficient funds when your order is processed and billed.
YOU EXPRESSLY UNDERSTAND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. Pathway Financial, AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, AND THE CRA REPOSITORIES EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS WEB SITE OR OTHER MATERIALS THAT YOU RECEIVE FROM Pathway Financial DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. Pathway Financial, AND THEIR RESPECTIVE SUBSIDIARIES AND AFFIIATES, AND THE CRA REPOSITORIES MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE SERVICES (INCLUDING THE CREDIT REPORTS) ARE ACCURATE, COMPLETE, VALID OR ERROR-FREE; (II) THE SERVICES WILL BE DELIVERED IN A TIMELY FASHION, (III) THE SERVICES WILL BE DELIVERED ON AN UNINTERRUPTED BASIS; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE RELIABLE; AND (V) THE SERVICES WILL MEET YOUR NEEDS.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT Pathway Financial, AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES AND THE CRA REPOSITORIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE SERVICES, EVEN IF Pathway Financial, THEIR RESPECTIVE SUBSIDIARIES OR AFFILIATES OR THE CRA REPOSITORIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON Pathway Financial, THEN YOU AGREE THAT Pathway Financial’S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM Pathway Financial’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE YOU PURCHASED FROM Pathway Financial
GENERAL PROVISIONS
Governing Law
These Terms and Conditions are governed by the laws of California without regard to conflict of law provisions. You hereby consent to the exclusive jurisdiction of the courts of the State of California. Venue shall be in San Diego County, California.
Entire Agreement
These Terms and Conditions, the Privacy Policy, and other policies Pathway Financial may post constitute the entire agreement between Pathway Financial and you in connection with your use of this Web Site, the Services, and the Content, and supersede any prior versions of the terms and conditions, if applicable. Pathway Financial may update these terms and conditions from time to time by posting revised Terms and Conditions on this Web Site, without notice to you, and your subsequent use of the Web Site or Services is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by Pathway Financial In the event of termination, the Intellectual Property, Disclaimers and Limitations of Liability, and Governing Law provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Web Site, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.