SmarterPrivacy is a service division of Bearak Reports, Inc. and all references herein to SmarterPrivacy shall mean and include Bearak Reports, Inc.
SmarterPrivacy can only provide products and services to those individuals who have established credit in the United States. Anyone who accesses this Site, becomes a member in one of our membership programs, or purchases any of your products or services from outside the United States does so on their own initiative. If your membership is paid for by a third party you will not be asked to provide payment information and you will not be charged for the membership program you enroll in. Otherwise SmarterPrivacy will charge the membership fee and each renewal fee to your credit card or bank account, at the then prevailing rate and your membership will continue automatically. SmarterPrivacy will charge this membership fee to the credit card or bank account that was most recently used on the Site. By submitting your credit card or bank account information to us you hereby agree that you authorize us to charge your card or your bank account, as applicable, at our convenience but in any event within thirty (30) days of initial credit card or bank account authorization thereafter within thirty (30) days after each renewal date. Should your credit card or online check fail to authorize, you will be notified via email to the email address provided to us by you. The benefits of your membership (including, without limitation, online credit reports and monitoring alerts) may be suspended until payment is received. If payment is not received within 30 days, any previous alerts you have received may be purged from our database, and your membership may be cancelled. You agree that SmarterPrivacy will not be liable to you or any third party for termination of your membership or access to the Site.
As a condition to purchasing any products, services or membership packages from SmarterPrivacy, you agree to authorize us to act as agent on your behalf and in your name for all purposes in communications and other dealings with any credit bureau, including without limitation, Trans Union, Experian and Equifax, to the extent necessary for Smarter Privacy to deliver the products, services or packages purchased by you. The communications and other dealings may involve, amongst other things, placing a fraud alert on your credit file and opting out of marketing list sales.
Memberships, such as monitoring products and identity theft insurance automatically renew each year indefinitely without action by the member, and the membership fee is charged to the member at the time of renewal. An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the membership is cancelled by the enrolled member.
A member will have the right to cancel membership at any time upon notice to SmarterPrivacy by e-mailing Customer Service. Cancellation of initial membership will result in forfeiture of the membership fee. If a membership renewal is cancelled within forty five (45) days after the date the renewal membership fee is charged to the member's credit card or bank account, SmarterPrivacy will refund the membership renewal fee, less a $9.95 late cancellation fee to the credit card that was most recently used on the Site or by check mailed to the most recent address you provided to us. Cancellation of membership following such 45-day period will result in forfeiture of the membership renewal fee. To avoid a late cancellation fee or forfeiture of the membership renewal fee, membership should be cancelled prior to the end of the current annual membership period. Upon cancellation, the member loses access to the areas of the Site designated for members only. This could include any credit data and analyses that have been displayed during the membership. A member may cancel at any time.
The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed on the Site, including but not limited to the SmarterPrivacy, SmarterPrivacy™ and Design, Trans Union™, Experian™, Chartis™, CreditXpert™, CreditXpert™ Credit Analysis, CreditXpert™ Wizard and CreditXpert™ What-if Simulator are the property of SmarterPrivacy or its licensors and partners and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, SmarterPrivacy may own copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of SmarterPrivacy or the owner of the Content.
All SmarterPrivacy products and services, including package components, are guaranteed to perform in accordance with the product and service specifications provided on our website as of your order date and for a period of 12 months thereafter. If you demonstrate that any product, service or package component has not performed to this standard, SmarterPrivacy will refund to you the full cost of the product, service or package containing the non-performing component. Such refund is limited only to the particular product; service or package affected and will be your sole and exclusive remedy in the event of non-performance.
Disclaimer or Warranties
OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS". EXCEPT TO THE EXTENT EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER SMARTERPRIVACY NOR ITS PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE; THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES; OR THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR FREE. IN ADDITION, EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THIS AGREEMENT UNDER THE SECTION ENTITLED "LIMITED WARRANTY", SMARTERPRIVACY AND ITS PARTNERS EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK.
Limitation of Liability
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER SMARTERPRIVACY NOR ITS PARTNERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
IN NO EVENT SHALL. SMARTER PRIVACY BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF SMARTER PRIVACY'S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICES OR ANY DELAY IN PROVIDING SERVICES NOR SHALL SMARTER PRIVACY HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN. IN NO EVENT SHALL THE LIABILITY OF SMARTERPRIVACY EXCEED THE FEES YOU PAID FOR THE SERVICES IN THE PRECEDING TWELVE MONTHS.
You agree to indemnify and hold harmless SmarterPrivacy and its partners, officers, directors, employees, end users, licensors, affiliates and distributors from and against any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
Identity Theft Insurance & Restoration Services
The identity theft insurance benefit for members is underwritten and administered by Chartis and its affiliates under a master group policy issued in the name of Bearak Reports, Inc. for the benefit of members. A summary of the terms of coverage are set forth on the certificate of insurance located at http://www.identityforce.com/popup/ChartisPopup.jsp. The complete policy is available from SmarterPrivacy on request. Chartis administers all claims and SmarterPrivacy shall have no responsibility with respect to such identify theft benefit.
Registration and Accurate Information
If you decide to register on our Site, become a member of one of our membership programs, purchase our products or services or participate in our partner program, contests or surveys, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your 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 SmarterPrivacy 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 SmarterPrivacy account and your right to use the Site.
Use and Disclosure of Personal Information
While SmarterPrivacy takes reasonable measures to safeguard and to protect unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express or implied, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL SMARTER PRIVACY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORY OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SMARTER PRIVACY WAS GIVEN ACTIVE OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE
Fair Credit and Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) allows me to obtain a disclosure from every credit reporting agency of the nature and substance of all information in my file at the time of the request. The credit report you are requesting from SmarterPrivacy is not intended to constitute the disclosure of Experian, Equifax, and/or TransUnion information by the FCRA or similar laws.
I am entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:
a. I have been denied credit, insurance or employment within the past sixty (60) days as a result of my credit report
b. I certify in writing that I am unemployed and intend to apply for employment in the 60-day period beginning on the date on which I made the certification
c. I am a recipient of public welfare assistance
d. I have reason to believe that my file at the agency contains inaccurate information due to fraud
e. Annually at www.annualcreditreport.com Otherwise, the consumer reporting agency may impose a reasonable charge for the disclosure.
The FCRA permits me to dispute inaccurate or incomplete information in my credit file. I understand that accurate information cannot be changed.
I do not have to purchase my credit report or other information from SmarterPrivacy to dispute inaccurate or incomplete information in my Experian, Equifax and/or TransUnion file or to receive a copy of my Experian, Equifax and/or TransUnion file.
Experian, Equifax and/or TransUnion’s websites provide a proprietary consumer disclosure that is different from the consumer credit report provided by SmarterPrivacy. The disclosure report must be obtained directly from Experian, Equifax and/or TransUnion. Consumer residing in the States of Colorado, Massachusetts, Maryland, New Jersey and Vermont may receive a free copy of their consumer credit report once per year and residents of the State of Georgia may receive two copies per year.
Fair Credit Reporting Act
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM SMARTER PRIVACY 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.
Term and Termination; Modification
This Agreement will take effect at the time you click "I Agree," and shall terminate (a) when the member cancels his/her membership by contacting SmarterPrivacy via the toll-free number set forth on the web site for cancellations, or (b) upon termination or expiration of your membership or (c) if Smarter Privacy discontinues providing any membership, subject to your right to receive membership benefits that you have paid for.
SmarterPrivacy may change the terms of this Agreement or the feature of the membership products, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use the Site and/or your membership after SmarterPrivacy has notified you of a change in the Agreement, you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted notices of modification.
You should send any notices or other communications regarding our Site, your membership, products or services to Bearak Reports, 40 Speen Street, Suite 403, Framingham, MA 01701.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account or contact Customer Service.
The laws applicable to the interpretation of these terms and conditions shall be the laws of the Commonwealth of Massachusetts, USA, and applicable federal law, without regard to any conflict of law provisions. SmarterPrivacy can provide credit reports only for individuals who have established credit in the United States. Those who choose to access this Site, or become a member in one of our membership programs, from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of Smarter Privacy provision of services to you, pursuant to this membership or otherwise, if submitted to a court of law shall be submitted to a state or federal court sitting in Suffolk County in the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction of such courts.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are null and void.
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.
You represent that you have read this Agreement and SmarterPrivacy Privacy Statement, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Site and your membership, SmarterPrivacy has relied on your agreement to be bound by the terms of this Agreement.