ABOUT OUR PRODUCT
SmartCredit.com® - Better Credit, Save Money, Do More.™
IMPORTANT
Our product has a monthly membership fee. If you wish to avoid any fees, please close your membership within your free trial period (if a free trial is applicable to your membership plan).
Our 30 day satisfaction online entitles you to a refund if you are not satisfied with our product. Please refer to "How does the 30-Day Satisfaction online , Refund Policy and Cancellation Policy work?" below for more detail. You may reactivate your account at any time.
Please thoroughly read our Information Statement and our Terms and Conditions for usage of our product.
ConsumerDirect® is the owner and maker of the Smart Credit® system.
Our product has a unique and innovative credit report with buttons to communicate with over 36,000 creditors. It also includes your credit scores, powerful identity protection and useful applications ('apps').
What separates our technology from everyone else is how we transform a traditional flat credit report in to our Smart Credit Report, making it simple to use and easy to read, with interactive tools to manage your credit and identity effectively.
* - This is not a credit report as traditionally known or viewed. The Smart Credit Report is entirely different. It contains additional data and formatting that is not similar to a traditional credit report, it cannot be printed, it is a new technology that is patented under USPTO 7,818,228 and it is used primarily as a communications medium for consumers to communicate directly with creditors. Safe Harbor Disclosure: THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV You have the right to a free credit report from AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law.
Our Smart Action Button is a new way for you to communicate "Directly with your Creditors" where you may fix credit report errors, recover from ID Theft, settle reported debts, and more. Your creditors in turn will update all your credit report(s).
Our 24/7 credit monitoring and identity protection is a state of the art system that monitors for any use of your name, social security, address or other identifying information about you.
Our Smart Alerts give you Creditor responses to your Smart Actions, Credit Monitoring of changes to your credit report and identity monitoring when new applications in your name are registered.
Our Rapid Response gives you instant credit and identity alerts, with a rapid response button, on your mobile phone.
We are a neutral system. You instruct our system on your behalf. It's point and click easy!
We have various monthly Membership plans. Please read our Membership Options & Pricing, below, to determine which one of our products best suits your needs.
Please click on About Us for more information on our Company.
INFORMATION STATEMENT ABOUT YOUR MEMBERSHIP
SmartCredit.com
ConsumerDirect® ("We", "Us", "Our") is the owner, maker of your Membership product.
Our product is an innovative Smart Credit Report with buttons and apps. It includes all your credit scores and powerful identity protection.
We are a neutral system. You instruct our system on your behalf. It's point and click easy!
IMPORTANT:
Any use of the marketing term Control your Credit, with a Button, Free, Smart, Credit, Report and/or System, in any combination and in any manner is for marketing purposes only. The Smart Credit® system and many of its components are patented or patent-pending. The use of the term "free" (such as in free Smart credit report®) may sometimes also refer to a free-trial period Membership. All of our products have a monthly Membership fee after any free-trial period.
If you do not wish to have our monthly Membership and want to avoid any charges, as shown in Membership Options & Pricing below, please cancel your Membership "within" your free trial period, if applicable.
The following patents cover various aspects of our system and technology: 7,818,228; 7,877,304
The following are Trademarks of ConsumerDirect®:
SmartCredit.com®
Smart Credit®
- including our Smart Action button and arrow as shown in our logo
ConsumerDirect®
Manage Your Identity®
Score, Fix & Lock®
Smart Credit Report®
Smart Credit®
Smart Button™
Smart Actions®
Smart Alerts®
Smart Lending™
Smart Friends™
freesmartcreditreport.com™
smartcreditreport.com™
smartcredit.com®
Free Smart Credit Report™
Free Smart Credit™
Quick Slide™
Better Credit. Save Money. Do More.™
120 Days to Better Credit™
Daily Smart Savings™
Easy Pay & Save™
Control Your Credit, with a Button™
Control Your Credit, with a Click™
Where You Control Your Credit™
Where You Control Your Credit, with a Button™
Where You Control Your Credit, with a Click™
Take Control of your Credit™
Control Your Identity, with a Button™
Control Your Identity, with a Click™
Manage Your Identity™
Where You Control Your Identity, with a Button™
Where You Manage Your Identity™
Your membership contract for products is with ConsumerDirect and you can securely access your membership at: www.smartcredit.com For security purposes, you will need to enter your username and password. Our customer service number is (877) 372-3895 and our fax number is (714) 200-0290. You may also e-Mail us by selecting "Contact Us" which is located in Learn More or in Help after you login to your account.
Consumer Direct is not affiliated with the annual free credit report program. Under Federal law, you have the right to receive a free copy of your credit report once every 12 months from each of the three nationwide consumer reporting agencies. To request your free annual report under that law, you must go to www.annualcreditreport.com.
Please thoroughly read this agreement.
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PRODUCTS INCLUDED IN MEMBERSHIP:
Smart Credit Report® with all your Scores
24/7 Credit and Identity Protection
Smart Action Button®
Smart Alerts®
Apps Center
Smart Credit integrates applications ('apps') that save you time and money. These apps consolidate and simplify our core products, listed above, or offer you third party offers or offers uniquely tailored to your credit and finances.
By joining Smart Credit you are giving your permission for us to verify you with offers, products and apps that may be suited for you. We will not share your information with any third party without your express permission.
Telephone & e-Mail customer service is based in the United States.
PREMIUM Membership includes all of the above, plus:
* Please see Membership Options & Pricing below for details and your Membership plan choices.
To begin, you must select a Membership plan and complete our Membership registration at: www.smartcredit.com. You must also read the Important Consumer Notices and agree to the Membership Terms & Conditions below, along with our Privacy Policy and Terms of Site use.
You may cancel this contract at any time during your free trial (if applicable), without any penalty or obligation. After your free trial (if applicable), you agree to pay any accumulated, unbilled charges through the date of your cancellation, at the time of your cancellation. Our 30 day satisfaction online entitles you to a refund if you are not satisfied with our product. Please refer to "How does the 30-Day Satisfaction Online , Refund Policy and Cancellation Policy work?" below for more detail. You may reactivate your account at any time.
What is a Smart Credit Report and how does it work?
Our technology transforms your credit report to a Smart Credit Report making it easy to read, simple to use, and interactive.
Our interactive system will show you your Smart Credit Report in a horizontal fashion giving you the ability to easily slide to any item within your Smart Credit Report. Next to most items on your Smart Credit Report are our Smart Action Buttons. This is how you will communicate directly with your creditors. Simply push the Smart Action Button and indicate what you would like your creditor to do and why.
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When your creditor responds to your Smart Action you will get notified by our Smart Alerts to your e-Mail. You will need to login to see to see the details. In some cases a creditor may contact you directly with their response or perhaps ask you further questions to complete your Smart Action. You will also get a Smart Alert confirming any updates your creditor may have made to your credit reports. Plus, our Smart Alerts will notify you of any other changes to your credit report.
What is a Smart Action Button?
A Smart Action is a Button you will use to give instructions to our system to communicate directly with your creditors. Your Smart Action requests will be routed directly to your creditor for resolution. We are a neutral party to your Smart Action request. We do not negotiate or make recommendations to you or act on your behalf for any Smart Action you may take. Please see our list of Smart Actions below.
Premium Members have unlimited Smart Actions. Any other Membership plan will include a certain number of Smart Actions each month.
What Should I Expect When I use the Smart Action Button?
When you use the Smart Action Button, your creditor will respond directly back through our system and we will send you a Smart Alert with your creditors response. In some cases, the creditor may respond directly to your address they have on file. The time it takes for a creditor to respond will vary, and, in some cases, a creditor may not respond at all. Please allow reasonable time for your creditor to respond to your Smart Action requests.
Your creditor may respond with acceptance, confirmation, counter-offer, denial or request for more information. Results are not assured. In some cases, multiple Smart Action requests may be required in order for you to get the results you desire from your creditors.
The following list describes the Smart Actions you may take directly with your creditor
National Sentinel Enforcement Data Base and all national Credit Bureaus via the F.T.C.
You have until midnight, pacific time, to cancel your Smart Action request. After midnight, pacific time, our system will automatically fulfill your Smart Action request within 24 hours.
What is a Smart Alert?
Our Smart Alerts are e-Mails sent to you, such as:
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Identity alerts include three bureau* and non-bureau alerts on new accounts, credit cards, in-store credit, wireless, utility, auto and mortgage loans derived from new applications showing your name, social security, date of birth or address. In some cases these alerts will not appear on all your credit reports
Credit Monitoring Alerts include:
* Alert data for new accounts or attempts to open new accounts is provided by id analytics, Inc., a non-credit bureau alert system. The coverage is broad enough to encompass data ultimately appearing on all three credit bureaus. However, with the exception of TransUnion data, some new accounts or attempts to open new accounts may not appear in member alerts.
How does the FREE Trial period work, if applicable?
If you have a Free Trial Membership, your free trial period will be displayed during your signup process, prior to you becoming a member. It will be either 5 or 30 days.
If you have a free trial period, you may cancel your account within your free trial period without any obligation or cost to you. To cancel your Membership at any time, log in to your account, select Account and then Close Account. Follow the cancellation of account procedures.
If you have a free trial period, you will get access to your Smart Credit Report, Smart Action Button, 24/7 Credit and Identity Protection, Smart Alerts and Apps Center at no charge or obligation to you. You may take at least one Smart Action during your free-trial period. In some cases, our apps or third party offers may present you with offers that may require a fee during your free trial period, should you choose to accept it.
How does the 30-Day Satisfaction Online, Refund Policy and Cancellation Policy work?
Canceling an account after your free trial period ( if applicable) will immediately cease any additional charges. After your free trial ( if applicable), you agree to pay any accumulated, unbilled charges through the date of your cancellation, at the time of your cancellation. A refund of your 1st transaction is only eligible if you cancel your account and request a refund with our customer service no later than 30 days after becoming a Member. You will not be eligible for any additional refunds. Any partial refund does not automatically waive any further balance owed. You may reactivate your account at any time.
Upon cancellation (or failed payment), you will lose access to the areas of the product designated for Members only and lose access to your data and other benefits. This could include any credit data and analysis that may have been displayed during your Membership.
What if I have Questions?
If you are not a Member and have a question, go to our home page and click on "Learn More," then click on "Contact Us," complete the simple form and submit.
For Members to contact us by e-Mail, you must log in to your account and click on Contact Us under Account. There you will see the "Contact Us"; e-Mail form. You MUST be logged in and you MUST use this Contact Us form to e-Mail our customer service. For security reasons, we do not accept e-Mails using any other method. If you need to contact us by telephone, please call (877) 372-3895
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MEMBERSHIP OPTIONS AND PRICING
After your FREE Trial Period, if applicable, you will be billed monthly depending upon which plan you select. Your membership fees are for your credit scores and credit and identity monitoring, everything else is free, unless noted in our App Center. As with all our membership plans, there is never a charge for any Smart Actions you are allowed to take, which may include a credit improvement or a debt settlement request.
Basic membership includes:
•$19.95 per month
• 5 Smart Actions per 30-day period
• You get 1 full updates to your Smart Credit Report and Scores per month
Premium membership includes:
• $29.95 per month
• Unlimited updates to your Smart Credit Report & Scores*
•Unlimited Smart Actions**
Depending on your Membership pricing plan, you may be entitled to a free trial Membership. Our system will do an authorization to validate your method of payment upon signup to verify your identity and check for fraud. After your free trial period (if applicable) and you have not cancelled your account, your initial Membership fee will be charged to your method of payment. You will be billed monthly thereafter (every 30 days), and/or after our products have been provided/completed, until you cancel your Membership.
If your method of payment for any charges described herein fails, you may lose access to the areas of the product designated for Members only and lose access to your data and other benefits. This could include any credit data and analysis that has been displayed during your Membership. We reserve the right to use an industry standard credit/debit card updater to update your method of payment should you deem your current method of payment lost/stolen/expired after you have become a Member and providing you have not cancelled your account.
Our prices are subject to change at any time. Prior to any price increase, we will give you notice, and you may cancel you Membership if you do not agree to the increase.
You may cancel at any time by using our Notice of Cancellation form below or log in to your account on-line and go to Close Account under Account.
We reserve the right to close your account without notice, if in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards, and frivolous use of our Action buttons or our Smart Credit Report.
* Unlimited full Smart Credit Report and Scores updates are defined as 4 full updates per 30-day period. For the integrity of our product and for your protection, any request to exceed this will have to be determined as non-frivolous. Please contact our Customer Service (877) 372-3895 to request additional updates to your Smart Credit Report and Scores within the same 30-day period.
** Unlimited Smart Actions are defined as 10 Smart Actions per 30-day period. For the integrity of our product and for your protection, any Smart Actions exceeding this will have to be determined as non-frivolous. Please contact our Customer Service (877) 372-3895 to request additional Smart Actions within the same 30-day period.
Retail Store Promotional Memberships:
• If you purchased a copy of our product from a store, such as Costco or Best Buy, it will be our promotional membership plan. With your receipt, you may return the product for a full refund under the retail stores standard refund and return policy.
• It is usually between $79.95 to $119.95 for three to six months of our Premium Membership with no charges for Smart Actions and no free trial. After your promotional period of three to six months, you will be automatically enrolled in our Premium membership plan with month-by-month charge identical to the Premium membership plan above.
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Co-branded Partnership with EasyFinance
EasyFinanceis in a co-branded partnership with SmartCredit. Part of your membership services will be our Application ('App') in the Membership App Center of your SmartCredit membership home page. As part of your membership, you hereby grant your permission for SmartCredit to share your personal, credit summary and credit grade information with us for the duration of your membership. Upon review of your credit summary and credit grade, we may elect to make specific offers of credit or other products and services to you, unless specifically prohibited by your express instructions or other applicable law. Our App will display a brief description of specific products and services for which you may qualify which will be delivered to you through SmartCredit and from time to time will also be made in an email from SmartCredit. As part of this App program, you agree we may contact you by mail, by telephone or by email, unless specifically prohibited by your express instructions or other applicable law. You understand there are no assured nor is there a promise that products or services will be offered to you or that you will qualify for any products or services. If you accept any offers, you will be required to complete a credit or other application that we will make available to you, if applicable. If you cancel your SmartCredit membership you will also end our App service and sharing of information as described herein. Your information will not be shared with any other parties.
IMPORTANT CONSUMER NOTICES
Please read the following important consumer notices carefully.
WE ARE REQUIRED BY CERTAIN LAWS TO DISCLOSE THE FOLLOWING: "ONLY THE CREDIT BUREAUS CAN REMOVE OR CORRECT INACCURATE, UNVERIFIABLE, OR OUTDATED INFORMATION, FROM YOUR CREDIT REPORT(S), WHICH HAS NOT BEEN CLAIMED TO BE ACCURATE BY THE CREDITOR WHO SUBMITTED THE INFORMATION TO THE CREDIT BUREAUS. YOU MAY SEEK TO HAVE ANY INACCURATE INFORMATION CORRECTED AND, IF APPROPRIATE, REMOVED BY THE CREDIT BUREAUS TO THE EXTENT REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAWS, INCLUDING THE FAIR CREDIT REPORTING ACT. THEREFORE, IT IS IMPORTANT THAT YOU REALIZE THAT NO ONE (INCLUDING US, OUR PRODUCTS, OR ANY CREDIT REPAIR/CARE SERVICE) CAN REMOVE ACCURATE AND CURRENT INFORMATION FROM YOUR CONSUMER CREDIT PROFILE."
THE FAIR AND ACCURATE CREDIT REPORTING ACT OF 2003 (FACT ACT) GIVES YOU THE RIGHT TO DISPUTE INFORMATION DIRECTLY WITH YOUR CREDITORS AND OUR ACTION BUTTONS FACILITIES SUCH COMMUNICATIONS WITH YOUR CREDITORS.
The Federal Trade Commission and some States' Attorneys General regulate creditors, credit bureaus and credit care organizations. We are required by certain States to disclose the following: "You have the right to sue a credit services organization if it misleads you."
CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW
You have a right to obtain a copy of your credit file from a consumer credit reporting agency. They may charge a reasonable fee not to exceed eleven dollars ($11). There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information on your credit report within the preceding 60 days. There is also no fee if you certify that you are unemployed and intend to apply for employment during the next sixty (60) days, that you are a recipient of public welfare assistance, or that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud. You also have the right to receive one free copy of your credit report from each consumer credit reporting agency per year at the www.annualcreditreport.com web site.
The credit data provided or requested through our product is not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any company or credit services organization has the right to have accurate, current, and verifiable information removed from your credit report. Under the Federal Fair Credit Reporting Act, the consumer credit reporting agency must remove accurate negative information from your report only if it is over seven years old. Bankruptcy information can be reported for 10 years.
YOU UNDERSTAND ANY Smart ACTIONS YOU MAY TAKE TO DISPUTE THE INACCURACY OF YOUR CREDIT REPORTS DO NOT GO TO ANY CREDIT REPORTING AGENCY/CREDIT BUREAU, BUT ONLY TO YOUR CREDITOR AS YOU SELECT AND INSTRUCT. IT IS YOUR CREDITOR'S SOLE AND ABSOLUTE DISCRETION TO RESPOND TO YOUR Smart ACTION AND/OR UPDATE ANY CREDIT REPORT(S) AS THEY DEEM NECESSARY. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM US IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
If you have notified a credit reporting agency in writing that you dispute the accuracy of information in your credit file, the consumer reporting agency must then reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this product. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer credit reporting agency. If reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency, to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about disputed information in any report it issues about you.
You have a right to cancel the contract for any reason within 5 working days from the date you signed your membership. If for any reason, you do cancel the contract during this time, you do not owe any money.
Nonprofit credit counseling services are available, usually without fees, to counsel you as to credit management and/or consolidation. Additionally, many of our product features you may perform on your own. We are simply a neutral technology medium providing convenience to and taking instructions from its Members.
In compliance with our license with the State of California, we hold a Surety Bond #57BSBFN9192 as a credit services organization. To submit a claim against The Hartford Bond, its address is: One Hartford Plaza, Hartford, CT 06155
The E-Sign Act grants that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing our online Membership Agreement, you certify that this digital signature is the equivalent of your handwritten signature. Also, you, agree that you have read and understand all of the Membership Terms & Conditions, Terms Of Site Use, our Privacy Policy and our Information Statement About Your Membership, and you agree to and do sign each section of this Membership Terms contract with your digital signature.
/_/ I agree to all Terms. I received my Consumer Rights and Information Statement. Prior to your registration as a Member, you will be required to check an on-line confirmation box next to this exact statement.
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MEMBERSHIP TERMS & CONDITIONS
Please read these terms carefully before joining as a Member.
BY ACCEPTING THESE TERMS, YOU ARE ENTERING INTO A CONTRACT WITH CONSUMERDIRECT ("We", "Us", "Our") AND YOUR MEMBERSHIP ACCOUNT IS ACCESSIBLE AT www.smartcredit.com AND YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF MEMBERSHIP.
(a) By accepting these terms, you certify that you are at least 18 years of age, a legal resident of the United States and this account will be used for your own, personal purposes. If you are married, your spouse must apply for a separate account. To process the Membership application, you must provide the personal information requested in our registration signup process. You certify that the information provided to us is accurate and complete. Please read our PRIVACY POLICY to learn how we handle your personal information and our TERMS OF SITE USE, which are incorporated in to this agreement by reference. Additionally, the INFORMATION STATEMENT ABOUT YOUR MEMBERSHIP and IMPORTANT CONSUMER NOTICES, given above, are incorporated in to the Terms & Conditions of Membership as well.
(b) In order to process your Smart Actions, we collect your financial account and creditor information. We may be required to collect additional identifying information or to verify your information by using third party sources. You agree to provide any additional information that we require in connection with your Smart Actions.
(c) Our Smart Credit Report and Smart Alerts require that we provide your identifying information to third parties who will provide credit data to us for some of our product features. Please see the section entitled "Third Party Terms" below for more information.
(d) You certify that you have read and understand the important Consumer Notices set forth above.
(e) You agree that you will not share your data, login or password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify us promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your Membership account and your right to access our products.
(f) Your online access to your consumer credit report data in our Smart Credit Report and Smart Alerts is subject to verification of your identity.
2. Membership Plan Selection.
We offer several Membership options and pricing plans as described above. When you register, you must select a Membership plan. If you are registering for a plan based on a special offer, you must complete the registration process prior to the expiration of that offer. You understand and agree to be bound by any requirements of the Membership plan you choose.
During the term of this Agreement (and upon payment of appropriate Membership fees), we grant you a personal, nontransferable, nonexclusive license to use the product and the information included therein to manage your own financial accounts and identity.
3. Membership Free Trial, if applicable
If you have a Free Trial Membership, your free trial period will be displayed during your signup process, prior to you becoming a member. It will be either 5 or 30 days.
Immediately upon your becoming a Member, you will have access to the Membership, as described above per the Membership plan you choose. After your free trial period, if applicable, you will be charged our monthly Membership fee, according to your Membership plan, each 30 days thereafter until you cancel your Membership. Our 30 day satisfaction assured entitles you to a refund if you are not satisfied with our product. Please refer to "How does the 30-Day Satisfaction Online, Refund Policy and Cancellation Policy work?" above for more detail. You may reactivate your account at any time.
• If you purchased a copy of our product from a store, such as Costco or Best Buy, it will be our promotional membership plan. With your receipt, you may return the product for a full refund under the retail stores standard refund and return policy.
• It is usually between $79.95 to $119.95 for three to six months of our Premium Membership with no charges for Smart Actions and no free trial. After your promotional period of three to six months, you will be automatically enrolled in our Premium membership plan with month-by-month charge identical to the Premium membership plan above.
3.1 Membership Fees are Subject to Changes with Notice.
We may, in our sole discretion, offer or remove Membership to any of our Membership plans. Membership fees are also subject to change. During the term of this Agreement, we will alert you to additions or changes in Membership or fees via e-mail. You may decide not to accept these changes and cancel your Membership without obligation.
4. Using our Smart Credit Report
By using our product you are giving your permission for us to obtain your credit report data from a third party. You understand that our system transforms this data into our Smart Credit Report and our product makes it available to you.
Your consent to obtain credit data to fulfill the benefits of our product shall be valid continuously until your Membership account is cancelled as per this agreement.
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Our product includes: our Smart Credit Report, Scores, Credit Analysis, etc., will be available to you and won't change until and unless you update your Smart Credit Report. There are restrictions to the number of full Smart Credit Report and Score updates you are entitled to per 30 day period. Please see Membership Options & Pricing above for details.
We reserve the right to close your account without notice, if in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards, and frivolous use of our Action buttons or our Smart Credit Report.
4.1. Using our Smart Action Button
(a) Our product provides you with our Smart Action Button giving you the ability to communicate your requests "Directly with your Creditors". Please reference What is a Smart Action Button, above, to determine what Smart Actions you can take.
(b) You understand and agree that you control all Smart Actions that are taken during your Membership. When you take a Smart Action, we fulfill your Smart Action request and submit it directly to your creditor or other recipient based on your instructions, within 24 hours. You certify that all Smart Actions initiated by you are appropriate and lawful. In particular, you understand and agree that disputing any valid accounts/charges or inappropriately claiming identity theft constitutes fraud, which is a crime subject to fines and/or imprisonment. If we determine that you are using our product to commit fraud, we will immediately terminate your account and report your activity to an appropriate law enforcement authority.
(c) You understand and agree that Smart Action results are not assured. Your creditors and other third parties that you initiate Smart Actions with will make all decisions regarding whether to respond to and/or agree to your requests. In particular, you understand that no entity, including us, can assure that creditors and/or credit bureaus will amend, update or, if appropriate, remove or delete, unfavorable credit information, because the information may be true and correct and not obsolete.
(d) You fully understand that you use our products at your own risk. Some Smart Actions may result in charges being assessed by your creditors. We are never responsible for any costs or other damages you may incur as a result of the Smart Actions you make while using our products. Please see the important disclaimers and limitations of liability below.
(e) We reserve the right (but shall not be obligated) to filter your Smart Action requests through our Validation and Frivolous Filter Engines designed to avoid abuses, provide continuity and protect our communications to the source or furnisher of information (i.e. your creditor) that is in question.
(f) We reserve the right to close your account without notice, if in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards, and frivolous use of our Action buttons or our Smart Credit Report.
(g) Smart Actions do not accumulate or roll-over to a subsequent 30-day period. If you choose not to use your free Smart Action allotment granted to you per each 30-day period of your Membership, they will no longer be available to you. There are restrictions to the number of free Smart Actions your Membership plan provides, please see Membership Options & Pricing above. For your Smart Actions and your Membership fee, each 30-day period is calculated based upon 30 calendar days beginning on the time and date of your Membership sign-up.
(h) For any Smart Action request you may take, such as Fix a Credit Report Error, you understand it is your creditor, in their absolute and sole discretion, to update their records along with any National Credit Bureau they are reporting your information to. {For example, if your creditor decides to comply with your Smart Action request to Fix a Credit Report Error, they will update their records, plus all three National Credit Bureaus, providing they were reporting your information to all three National Credit Bureaus. If your creditor was only reporting to one or two National Credit Bureau(s), then they would update their records, as well as, the one or two National Credit Bureaus they are reporting to.}
4.2 Using our Smart Alerts
(a) Our product provides you with Smart Alerts to your e-Mail, or other destination as you may indicate from time to time. You agree to receive these e-Mails and further agree to contact us if you believe you are not receiving these e-Mail Smart Alerts in a timely manner. You also agree that you will update your e-Mail address should your e-Mail address change.
(b) These Smart Alerts inform you of creditor responses to your Smart Actions, confirm credit report changes by your creditor as a result of your Smart Actions, and any other changes to your credit report.
(c) You agree to keep your Membership and Smart Alerts secure and private where appropriate.
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(d) Our Smart Alerts will begin delivering to you changes that may occur in your credit report usually starting within 48 hours, but may be delayed due to circumstances beyond our control. If we are unable to initiate our Smart Alert for your credit monitoring, for any reason, you will be notified at the e-Mail address we have on record for you at the time of the notice.
4.3 Using our Smart Friends
You agree to use our Smart Friends to refer our product for those who you know and trust. You agree it will be used appropriately and lawfully. You agree you will not to use it as a method of marketing or harassment in any way. You also agree you are making a referral of your own volition and you will not be compensated in any way.
We reserve the right to review any Smart Friend referral you make for the sole purpose to ensuring appropriate and lawful compliance with the terms stated herein.
4.4. Our Scores
When you become a Member we will receive your credit score from one or more credit bureaus. We recalibrate this score to our ConsumerDirect Credit Score range of 350-850 and display it to you. Our credit scores are not to be confused with FICO scores, Vantage scores, Empirica scores, Beacon scores, or any scores from TransUnion, Experian or Equifax. In some cases, credit report data does not contain enough information to generate a credit score. In such cases, we reserve the right to use our proprietary credit scoring technology to give you a credit score estimate.
Our Future Credit Score, Auto Score, Insurance Score, Employment Score and Identity Theft Risk meters are our own proprietary scoring system designed to give you a better understanding of specific areas of your overall credit.
All of our Scores are not to be used to determine or grant credit in any manner. They are for educational purposes only.
5. Third Party Terms
Some of the data within our products may involve third parties, such as the consumer credit reporting agencies (credit bureaus). We primarily use TransUnion and ID Analytics to obtain credit and identity data. You understand and agree that your access to and use of our products may be subject to restrictions imposed by these third parties. Additionally, you understand and agree that these third parties may need to collect additional personal information from you in order to verify your identity and provide you access to your information. You agree to comply with all third party terms and restrictions for which you receive notice, whether such notice is provided in writing or given online, and such restrictions are incorporated herein by reference.
We offer no assurances of the accuracy or timeliness of any information we obtain from a third party. Nor any assure that we are able to transform this data in to our Smart Credit Report properly.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND THE THIRD PARTY TERMS AND RESTRICTIONS, THEN THE THIRD PARTY TERMS AND RESTRICTIONS WILL APPLY.
6. Fees and Charges, Billing Terms
(a) Depending upon your Membership Plan, your fee will be billed to your method of payment monthly (every 30 days), after our products have been provided/completed, until you cancel your membership. Your membership fees are for your credit scores, credit monitoring, and identity monitoring. Everything else is free, unless noted in our App Center. Our 30 day satisfaction assure entitles you to a refund if you are not satisfied with our product. Please refer to "How does the 30-Day Satisfaction Online, Refund Policy and Cancellation Policy work?" above for more detail.
(b) If you purchased a copy of our product from a store, such as Costco or Best Buy, it will be our promotional membership plan. The purchase price will be presented to you prior to your membership enrollment, providing you are eligible for this plan. It is usually between $79.95 to $119.95 for three to six months of our Premium Membership with no charges for Smart Actions and no free trial. After your promotional period of three to six months, you will be automatically enrolled in our Premium Membership plan with month-by-month charge identical to the Premium plan. With your receipt, you may return the product for a full refund under the retail stores standard refund and return policy.
(c) As with all our membership plans, there is never a charge for any Smart Actions you take, which may include a credit improvement or a debt settlement request. Smart Actions are free, elective and you are not obligated to take any Smart Actions for the length of your membership.
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(e) You authorize us to be your official payment-processing agent to collect payment by automatic credit card or debit card for products rendered. You agree to keep your payment information current during the term of this Agreement. We reserve the right to send defaulted monetary obligations by you, the Member, to collections, which may result in a negative credit report rating and fees associated with collection. Should your method of payment be declined you agree that we may reasonably reattempt your method of payment again after we send you an e-Mail notice stating your method of payment has been declined. We reserve the right to cancel your Membership for unsuccessful payment attempts on your method of payment.
7. Terms of Termination/Cancellation Policy and Refunds
(a) This Agreement shall run from the date you register as a Member of our products until terminated by either you or us as described in section (b) below.
(b) You may terminate this Agreement as follows:
For any Membership: You may cancel this contract at any time during your free trial, if applicable, without any penalty or obligation. Our 30 day satisfaction assured entitles you to a refund if you are not satisfied with our product. Please refer to "How does the 30-Day Satisfaction Online, Refund Policy and Cancellation Policy work?" above for more detail.
For month-to-month Memberships: You may cancel this contract at any time by giving us notice of your intent to cancel. You will only be charged for that portion of your Membership (and Smart Actions taken) that you have used.
You may also cancel your Membership at any time, by giving us notice, if we inform you of a price increase or other material change in the product terms or benefits. You will only be charged for that portion of your Membership (and Smart Actions taken) that you have used.
(c) We may terminate this Agreement (and cancel your Membership) at any time for any reason upon thirty (30) days prior notice to you. We may terminate this Agreement (and cancel your Membership) immediately and without notice if we suspect that you are violating the terms of this Agreement or using our product inappropriately.
8. Grant of Limited Power of Attorney
You, the Member, hereby grant ConsumerDirect, its employees, agents, subcontractors and assigns, a specific, limited power of attorney, granting such authority necessary to provide our stated products to you, and to use the information contained in your personal credit profile and/or other creditor/sources of information to acquire your credit data, including, but not limited to, credit reports, scores, identification products, monthly credit report monitoring products and profiles so that we may provide current and future products to you.
You further grant to ConsumerDirect full power and authority to submit every act initiated by you in the exercise of any of the powers granted hereunder as fully as you might or would authorize if you were personally present, with full power of substitution and revocation, hereby ratifying and confirming all such acts undertaken within the authority of this power of attorney that are lawfully done or caused to be done.
ConsumerDirect, in its professional judgment, shall have sole discretion in determining the specific acts necessary to accomplish the purpose of this Agreement and may also include written and oral communications on your behalf with various agencies and entities such as, but not limited to, sources of reporting, creditors and collection agencies sharing credit information relating to you, the Member, so we can acquire your credit information for your use. You specifically grant to ConsumerDirect the right to engage in such an exchange of information on your behalf with the various agencies and entities disseminating credit data regarding you, the Member.
Disclaimer of Warranties and Liability, & Indemnification
(a) OUR PRODUCT AND INFORMATION PROVIDED THEREIN, INCLUDING ALL CONTENT, MEMBERSHIPS AND PRODUCTS ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE OF THE PRODUCT, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO YOU VIA THE PRODUCT, INCLUDING (WITHOUT LIMITATION) ANY CREDIT DATA, CREDIT SCORING, IDENTITY THEFT RISK, CREDIT SCORING & SAVING CALCULATOR THE INFORMATION IN OUR CREDIT SEARCH ENGINE OR ANY Smart ACTIONS OR Smart ALERTS. ADDITIONALLY, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESPONSE THAT YOU WILL GET FROM CREDITORS OR OTHERS TO THE Smart ACTIONS YOU TAKE. ADDITIONALLY, WE ARE NOT RESPONSIBLE FOR DETERMINING IF THE Smart ACTIONS YOU REQUEST ARE APPROPRIATE OR REASONABLE. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ALL ACTIONS TAKEN BY YOU WITH YOUR ACCOUNT(S).
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(c) Our Product is not engaged in rendering legal, credit counseling or other professional services. If legal or other expert assistance is required, the services of an appropriate professional should be sought.
(d) YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY OUR NEGLIGENCE IN PREPARING OR PROCESSING YOUR ACTIONS OR OTHERWISE PROVIDING ANY PRODUCTS HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY LOSS, DAMAGE OR INJURY CAUSED BY (I) TRANSMISSION OF INCORRECT OR INCOMPLETE DATA,; (II) ERRORS IN INFORMATION IN THE SMART CREDIT REPORT, CREDITOR SEARCH ENGINE OR OTHER INFORMATION PROVIDED VIA THE PRODUCT; (III) THE ACTIONS OF ANY THIRD PARTIES, INCLUDING (WITHOUT LIMITATION) THE LOSS OR REJECTION OF YOUR ACTIONS, (IV) A LOWERING OF YOUR CREDIT SCORE, CREDIT CAPACITY OR CREDITWORTHINESS BASED ON ACTIONS TAKEN, (V) REJECTIONS OF ACTIONS DUE TO ANY THIRD PARTY'S REFUSAL TO ACCEPT A DOCUMENT EXECUTED PURSUANT TO A POWER OF ATTORNEY); (VI) ACTIONS OF THIRD PARTY SERVICE PROVIDERS USED TO PREPARE, TRANSMIT AND/OR PROCESS ACTIONS OR DOCUMENTS FOR US; OR (VII) ANY INAPPROPRIATE ACTIONS REQUESTED BY YOU.
(e) SmartCredit.com and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. 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, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.
References to "SmartCredit.com" and "us" includes subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and SmartCredit.com are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
In the event we are found liable for any cost or damage suffered by you, the liability of ConsumerDirect and its employees and agents shall be limited to the Membership and/or Smart Action fees associated with the particular Smart Action in question. The remedies set forth in this paragraph and termination of this Agreement pursuant to Section 7 above are your exclusive remedies for claims or damages arising out of or relating in any way to this agreement or the products provided hereunder. To the extent permitted by law, our liability for any claim of any kind relating to this agreement or the products provided hereunder shall not exceed the amount paid by you to us for our products during the preceding twelve (12) months. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(f) We are not an insurer with regard to performance of the product, the information provided via the product, or the Actions taken by you. The disclaimers of warranties and limitation of liability and remedy are a reflection of the risks assumed by the parties. You agree to assume the risk for: (i) all liabilities disclaimed by us contained herein; and (ii) all alleged damages in excess of the amount of the limited remedy provided hereunder. The essential purpose of the limited remedy provided hereunder is to allocate the risks as provided above.
(g) You hereby agree that ConsumerDirect and its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Consumer Direct") shall not be responsible for any and all liability, loss and costs incurred by you in connection with any access to your information resulting from the use of your user id and password or your failure to adequately protect your identity or user id and password.
(h) ConsumerDirect is not responsible for any overdraft/over-the-limit charges or bank fees triggered by our product fees being processed or billed.
General Terms
(a) You understand that we are providing you a Product and not a Service and that our Product fees are only for Credit & Identity Monitoring and Credit Scores, everything else is free with your membership enrollment in our Product. You understand that if you wish to avoid any fees, you must cancel your membership within your Free Trial, providing you have a free trial. You understand that you may cancel at any time without any further obligation. You understand that you are only entitled to one refund. Please refer to "How does the 30-Day Satisfaction Online, Refund Policy and Cancellation Policy work?" above for more detail.
(b) Any dispute arising hereunder or related to products provided by us shall be resolved according to the laws of the State of California, without regard to conflict of law.
(c) Jurisdiction and Venue shall be exclusively and only in the State of California, Orange County. If you need to serve us with process or demand for Arbitration, the name and address of our agent for service of process is: National Registered Agents, Inc., 2030 Main Street, #1030, Irvine CA 92614.
(d) All notices required or permitted hereunder shall be in writing and sent via our on-line contact us form in our help center of our web site or mail to ConsumerDirect - 3187 Red Hill, Suite 100 Costa Mesa, CA 92626.
(e) We reserve the right at any time and without prior notice to you to change the product's available hours of operation or to limit your access to the product in order to perform repairs, make modifications or as a result of circumstances beyond our reasonable control.
(f) The terms and conditions set forth in this Agreement constitute our entire agreement relating to the subject matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any correspondence or purchase order, shall be of no effect.
(g) If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.
(h) You represent that you have read these terms and conditions and that you understand these terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the product and your Membership, ConsumerDirect is relying on your agreement to be bound by the terms of this agreement.
(i) From time to time we may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated with notice to you. Additional terms and conditions may apply to specifics of our Memberships, Products or to participate in our affiliate program, contests or surveys.
10. The Federal E-Sign Act (HR-1714) on Final Digital Signature
The E-Sign Act grants that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing our online Membership Agreement, you certify that this digital signature is the equivalent of your handwritten signature. Also, you, agree that you have read and understand all of the Membership Terms & Conditions, Terms Of Site Use, our Privacy Policy and our Information Statement About Your Membership, and you agree to and do sign each section of this Membership Terms contract with your digital signature.
/_/ I agree to all Terms. I received my Consumer Rights and Information Statement. Prior to your registration as a Member, you will be required to check an on-line confirmation box next to this exact statement.
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NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within five days from the date the contract is signed.
If you cancel, any payment made by you under this contract must be returned within 15 days following receipt by the seller of this cancellation notice below where you must indicate if you are within your free trial period or within five (5) days of joining the membership.
(A) Simply log in to your account at www.smartcredit.com, click on Account and Close Account at any time. Or, alternatively, you may also cancel by doing either B or C:
(B) To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to: ConsumerDirect - 3187 Red Hill, Suite 100 Costa Mesa, CA 92626 postmarked within your free trial period.
[ ] I hereby cancel my contract, and am within my five-day right to cancel.
or
[ ] I hereby cancel my contract.
Print Name_________________________________________________ [required]
User Name_________________________________________________ [required]
E-Mail you used to sign up_____________________________________ [required]
Date of Birth________________________________________________ [required]
Telephone (may be used to verify your identity and your intent to cancel) (_____) ____________
Reason for cancellation_____________________________________________
Signature [required]:__________________________________________ Date:___________
Please print the cancellation notice form in "B" in above, complete, sign, date it and fax to ConsumerDirect at (714) 200-0290.
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