Terms of Use

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These Terms of Use apply to the access and use of the Learn At Equifax web site, http://learn.equifax.com (the "Web Site"), of Equifax Personal Solutions. Products that are ordered through other web sites are subject to the agreements and terms of service that apply to them and may be accessed when such products are requested. Further, additional proprietary notices and copyright information may be found on other pages in the Web Site. The information, data and/or programs (“Information”) available via this Web Site are provided by Equifax Consumer Services, Inc. ("Equifax"). We may partner with one or more other companies ("Suppliers") to provide this Information to You. Equifax and its Suppliers are referred to as "We", "Us", and "Our." You, the person visiting and utilizing this Web Site, are referred to as "You" and "Yours".


NOTICE: The Information available via this website is not a "Credit Repair Clinic" or a "Credit Repair Service". By this we mean that We do not claim We can "clean up" or "improve" Your credit record, credit history, or credit rating. We do not give advice or assistance on these matters. These items (credit record, history, and rating) are based on Your past or historical credit behavior, and accurate and timely adverse credit information based on Your past credit behavior cannot be changed. For this reason, You should avoid "credit repair clinics" that claim they can repair Your past credit behavior.


Equifax does not warrant the completeness, timeliness or accuracy of any of the Information available at this Web Site. To the fullest extent permitted by law, the Information is provided "as is" without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.


The Information available via this Web Site is not intended to serve as legal, financial, tax, or professional advice of any kind. In no event will Equifax or its parent or affiliated companies, be liable to any party for any direct, indirect, special or other consequential damages for any use of or reliance upon the Information found at this Web Site, or on any other linked web site, including, without limitation, lost profits, business interruption, loss of programs or other data, even if Equifax is expressly advised of the possibility of such damages.

Link Policy

You are granted a limited, non-exclusive right to create a hypertext link to this Web Site found at http://learn.equifax.com/; provided such link does not portray Equifax and/or its parent or affiliated companies or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Equifax trademark, logo or other proprietary Information, including the images found at this Web Site, the content of any text or the layout/design of any page or form contained on a page without Equifax's express written consent. Except as noted above, You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Equifax or any third party.


Comments, suggestions or materials sent or transmitted to Equifax (collectively "Feedback"), shall be deemed to be non-confidential. Subject to the conditions described on the privacy page of this Web Site, Equifax shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products incorporating such Feedback.

Non-Equifax Advertisements and Sites

Equifax makes no representations, warranties or endorsements with respect to any non-Equifax advertisement that appears on this Web Site or with respect to any web site which may be accessed from this Web Site. When You access a non-Equifax web site, please understand that Equifax has no control over the content or information at that site. It is Your responsibility to protect Your system from such items as viruses, worms, Trojan horses and other items of a destructive nature.

Intellectual Property Rights

This Web Site contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Equifax Inc. and its affiliated companies, including but not limited to, the registered mark "Equifax"; any unauthorized use of same is strictly prohibited and all rights in same are reserved by Equifax Inc. and its affiliated companies. Other products and company names mentioned in the Site may be the trademarks of their respective owners. Equifax, Inc. is licensed under the following, and related Ronald A. Katz Technology Licensing, L.P. United States Patents: 5,561,707; 5,828,734; 5,684,863; 5,815,551; 5,974,120; 5,917,893; 5,898,762; and others.

Arbitration and Dispute Resolution

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION PROVIDES THAT, EXCEPT FOR THE SPECIFIC EXCEPTION STATED BELOW, ANY DISPUTE BETWEEN YOU AND EQUIFAX MUST BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. Either You or Equifax may, without the other’s consent, elect mandatory, binding arbitration of any claim, dispute, or controversy raised by either You or Equifax against the other arising from this Agreement or Your use of the Information or this Web Site or any information You receive from Us (the “Claim” or “Claims”). All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, whether legal or equitable. As an exception to the arbitration provision, You retain the right to pursue in small claims court any Claim that is within that court’s jurisdiction and proceed on an individual basis. If You or We elect arbitration, the arbitration will be conducted as an individual arbitration. Neither You nor We consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit Your Claims to arbitration, You may be forfeiting Your right to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed. The party filing a Claim in arbitration must select either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”) to administer the arbitration. The arbitration organization that is selected will apply its rules, codes, or procedures in effect at the time the arbitration is filed, unless any portion of those rules, codes, or procedures is inconsistent with any specific terms of this arbitration provision or these Terms of Use, in which case the terms of this arbitration provision and these Terms of Use will govern. These rules and procedures may limit the amount of discovery available to You or Us. The arbitration shall be before a single arbitrator. The arbitrator will apply applicable substantive law, including the applicable statute of limitations, and will honor claims of privilege recognized at law. The arbitrator will have the power to award to a party any damages provided for under applicable law, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. Rules and forms may be obtained from, and any Claims filed with, either: the NAF at P.O. Box 50191, Minneapolis, Minnesota 55405, web site at www.arb-forum.com; or the AAA at 335 Madison Avenue, Floor 10, New York, New York 10017, web site at www.adr.org. In the event You file a Claim in arbitration, We will reimburse You for the initial arbitration filing fee paid by You up to $500. If there is an arbitration hearing, We will pay any fees of the arbitrator and the arbitration administrator for the first two days of the hearing. If You prevail in the arbitration of any Claim against Us, then We will reimburse You for any fees You paid to the arbitration organization in connection with the arbitration. All other fees, including attorneys’ fees, will be allocated in accordance with the rules of the arbitration organization. The Federal Arbitration Act, and not state law, shall govern the arbitrability of all Claims between You and Us, including any and all claims or disputes concerning the validity, construction, and performance of this arbitration provision. Any Claim or dispute as to the enforceability of this arbitration provision’s restrictions on your right to participate in or pursue a class action or classwide arbitration shall be decided by a court and not an arbitrator, and shall be brought only in a United States District Court located in Atlanta, Georgia, or in any court within the Georgia State or Superior Court System located in Fulton County, Georgia.

The Equifax Online Privacy Policy and Fair Information Principles for the Equifax Personal Solutions Web Site, http://learn.equifax.com is also posted.

January 11, 2007.