FICO® Score Summary Terms and Conditions

WHO MAY USE— (a) You agree that You will use FICO® Score only for your own behalf. You will be responsible for all use of your membership number and must notify United States Senate Federal Credit Union (USSFCU) immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number.

Only the primary member may authorize this request and only his/her FICO® Score is available through this program. You, (the Primary Member) understand and acknowledge that if you give anyone else access to your USSFCU online account(s), by providing your User ID and password, they will be able to view your FICO® Score as well as the factors impacting that score

(b) You understand that by enrolling in the FICO® Score service, You are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for USSFCU and its service providers, which may include CSldentity Corporation ("CSID"), to obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You authorize USSFCU 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. Viewing your FICO® Score will not affect your credit rating.

COMMUNICATIONS

You agree to receive these terms and conditions and all other communications regarding FICO® Score Summary in electronic format. You agree that by using FICO® Score Summary, all notices, alerts or other communications which we may be required to give you arising from our obligations under FICO® Score Summary may be sent to you by any or all the following sources, at our option:

  • Through electronic notice given to any electronic mailbox we have for you,
  • Any other electronic mail address or telephone number you provide to us,
  • The current address we have on file for you,
  • Within USSFCU Online Banking, and/or
  • In any other manner permitted by law including, but not limited to, posting it on our website. By enrolling in FICO® Score Summary, you are consenting to receive these communications. We will continue to honor any opt out requests that you have made for messages from USSFCU.

DISPUTES

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

SUMMARY:

MOST MEMBER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE MEMBER'S SATISFACTION BY (USSFCU TO UPDATE WITH APPLICABLE METHOD OF CONACT) CALLING MEMBER SERVICE AT 1-800-374-2758. IN THE UNLIKELY EVENT THAT MEMBER SERVICE IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE WITH USSFCU OR USSFCU’S SERVICE PROVIDER(S) TO YOUR SATISFACTION (OR IF USSFCU AND/OR USSFCU’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 USSFCU AND/OR USSFCU'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 THIS AGREEMENT 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 USSFCU AND/OR USSFCU’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.

ARBITRATION AGREEMENT:

(B) ARBITRATION — You, on the one hand, and USSFCU and/or USSFCU's service provider(s), on the other, agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, 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 USSFCU or USSFCU's service provider(s) as well as their respective corporate affiliates for claims arising out of this Agreement 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 Fair Credit Reporting Act ("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 entering into this Agreement, You, USSFCU and USSFCU'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 USSFCU AND/OR USSFCU’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 USSFCU 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 U shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement 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. ("FM's). 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 U shall survive any termination, cancellation or expiration of this Agreement. "Following the Effective Date of this Agreement, USSFCU agrees to use its commercially reasonable efforts to replace the bracketed phrase with the following language for new or modified Terms of Use "Further, unless You, on one hand, and USSFCU and/or USSFCU's service provider(s), on the other.”

LIABILITY_— NEITHER USSFCU, 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 USSFCU, 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 USSFCU FICO® Score SERVICE. NEITHER USSFCU, 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 USSFCU, 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 USSFCU FOR YOUR MEMBERSHIP USSFCU FICO® Score SERVICE IS NOT A CREDIT COUNSELING SERVICE AND DOES 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 THIS AGREEMENT.

FICO® SCORE DISCLOSURE

FICO® Scores are developed by Fair Isaac Corporation, The FICO® Score provided by CSldentity Corporation., ("CSID"), an Affiliate of ConsumerInfo.com, Inc., also referred to as Experian Consumer Services CECSH), in Experian CreditWorks, Credit Trackers" and/or USSFU’s FICO® Score Service membership (as applicable) is based on FICO® Score 8, unless otherwise noted. Many but not all lenders use FICO® Score 8. In addition to the FICO® Score 8, ECS and CSID may offer and provide other base or industry-specific FICO® Scores (such as FICO® Auto Scores and FICO® Bankcard Scores). The other FICO10 Scores made available are calculated from versions of the base and industry-specific FICO® Score models. There are many different credit scoring models that can give a different assessment of your credit rating and relative risk (risk of default) for the same credit report. Your lender or insurer may use a different FICO® Score than FICO® Score 8 or such other base or industry-specific RCM Score, or another type of credit score altogether. Just remember that your credit rating is often the same even if the number is not for some consumers, however, the credit rating of FICO® Score 8 (or other FICO® Score) could vary from the score used by your lender. The statements that "90% of top lenders use FICO® Scores" and "FICO® Scores are used in most of credit decisions" are based on a third-party study of all versions of FICO® Scores sold to lenders, including but not limited to scores based on FICO® Score 8. Base FICO® Scores (including the FICO® Score 8) range from 300 to 850. Industry-specific FICO® Scores range from 250-900. 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 FICO® Score indicates to lenders that you may be a higher credit risk. There are three different major credit reporting agencies — the Experian credit bureau, TransUnion and Equifax® — that maintain a record of your credit history known as your credit report. Your FICO® Score is based on the information in your credit report at the time it is requested. Your credit report information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies so your FICO® Score can vary if the information they have on file for you is different. Since the information in your report can change over time, your FICO® Score may also change. You can request a free copy of your credit report once every 12 months from each of the three major US consumer reporting agencies including Experian, at https://www.annualcreditreport.com or by calling 877-322-8228, which is the authorized source under federal law for free credit reports. If you find inaccuracies within your credit file, you may dispute items in your report with the consumer reporting agency involved. For more information, go to https://www.consumerfinance.gov/learnmore.

When you use or access your FICO® Score Summary, you agree to these terms and conditions. We may amend or change these terms and conditions from time to time, in our sole discretion, by sending you written notice by electronic mail, postal mail or by posting the updated terms and conditions on the USSFCU website; https://www.ussfcu.org/FICO-score-summary-terms-conditions.pdf. Please access and review these terms and conditions regularly. If you find the terms and conditions unacceptable to you at any time, please discontinue your use of the service by opting out within your online account. Your use of the service after we have made such changes available will be considered your agreement to the change(s).

Choice of Law/Successors

These terms and conditions and their enforcement shall be governed by the laws of the State of Virginia, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. For any dispute pertaining to this agreement or the services, you irrevocably and unconditionally submit to the jurisdiction and venue of the courts located in Alexandria, Virginia.

These terms and conditions and your account will be governed by federal law, as well as the law of Virginia, and will apply no matter where you live or use this account.