Experian Connect through Zillow Group websites
Terms and Conditions
Revised September [25], 2020
You have requested to participate in the Experian ConnectSM service (the “Experian Service”) provided by Experian Information Solutions, Inc. (“Experian”) through its limited purpose agent for delivery of the Experian Service, Zillow Group (“Zillow Group”), as offered on the www.zillow.com website (the “Service Website”). To the extent the Experian Service contains an “investigative consumer report” (“Investigative Consumer Report”), as defined under the California Investigative Consumer Reporting Agencies Act, California Civil Code §1786, et seq. (“ICRAA”), Experian Background Data, Inc. (“EBD”), an affiliate of Experian, will provide the investigative consumer report to you as further described in Section 2 below. In instances where EBD is providing the Service to you, references in the Agreement to Experian shall apply to EBD and not Experian and EBD shall be solely responsible to you for such Experian Service and not Experian. Your participation in the Experian Service is subject to your acceptance of these terms and conditions. YOU MUST CAREFULLY READ AND AGREE TO ALL THE TERMS AND CONDITIONS, INCLUDING THE ARBITRATION PROVISION, BEFORE ENROLLING IN THE EXPERIAN SERVICE.
A consumer (“Report Subject”) may participate in the Experian Service by (a) requesting and obtaining access to an abbreviated version of Report Subject’s credit report (also referred to as an Investigative Consumer Report if ICRAA is applicable) and VantageScore® credit score (collectively “Credit Information”) and (b) authorizing Experian to provide the Credit Information to a property owner, landlord, lender, leasing agent, broker or other entity or individual responsible for a rental or leasing decision (each, an “End User”). The process of Report Subjects requesting and obtaining access to Credit Information for use by an End User in a rental or leasing decision is collectively referred to as the “Report and Score Service.” Additional services may be included in the Experian Service in the future, and the information provided under this Agreement may be used in the provision of any such Experian Service. Both Report Subjects and End Users agree to the applicable Terms and Conditions set forth herein.
These Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to all: (a) the Experian Service; (b) interaction by any means between you and Experian, directly or through Zillow Group as Experian’s limited purpose agent, regarding the Experian Service; (c) your access to and use of the Service Website and Credit Information; (d) your access to and use of credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto provided in connection with the Experian Service (the “Content”); and (e) the resolution of all claims and disputes in connection with the Experian Service between you and Experian or Zillow Group as its limited purpose agent through arbitration. YOU, EXPERIAN AND ZILLOW GROUP UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN SECTION 24 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR ORDER OF, USE OF, ACCEPTANCE OF, OR ACCESS TO THE EXPERIAN SERVICE, SERVICE WEBSITE OR CONTENT AND RESOLUTION OF DISPUTES BETWEEN US ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS, AND CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE ARBITRATION PROVISION.
Upon executing this Agreement by clicking the checkbox to indicate your agreement and by ordering or using any Experian Service, Experian through Zillow Group as its limited purpose agent will provide you with the ordered Experian Service in accordance with these Terms and Conditions.
TERMS AND CONDITIONS
1. ORDERING OR USING THE EXPERIAN SERVICE
The Experian Service is an online service made available to you by Experian through Zillow Group as its limited purpose agent, via the Zillow Group website. To use this Experian Service, you must go to the Service Website and provide your name, your valid postal address within the United States, your email address, and other information, and agree to be bound by these Terms and Conditions. Your information will be provided to Experian for its use in offering the Experian Service, and to Zillow Group solely in its capacity as a limited purpose agent of Experian in hosting the Experian Service on its website.
Because the Experian Service provides access to credit reports and information, you also may be asked to provide a valid Social Security number, your date of birth, and a previous postal address, and successfully pass authentication of your identity when requested on the Service Website. You also must provide valid credit, debit or other payment card information for any Experian Service for which a fee is charged to you. You agree to provide true, accurate, complete and current information about yourself when prompted to do so by the Service Website, authentication process or otherwise. By ordering or using the Experian Service, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if Experian has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Experian, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to any Experian Service, Service Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Experian Service, Service Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that Experian and Zillow Group will not be liable to you or any third party if Experian or Zillow Group suspends or terminates your order of, use of, or access to any Experian Service, Service Website or Content, or any portion thereof, for any reason.
You agree not to share any PIN or password for the Experian Service with third parties. You agree to promptly notify Zillow Group at rentalapplications@zillow.com of any unauthorized access to any Credit Information, or any unauthorized use, loss, theft or disclosure of any PIN or password. Failure to comply with these requirements shall constitute a breach of this Agreement and shall constitute grounds for immediate termination of your access to the Experian Service.
Upon your request for the Experian Service, and periodically thereafter, you will be asked to authenticate your identity in a manner which includes but is not limited to credit report information or identifying information (e.g., name, address, social security number) that you provide and your responses to questions related to your credit report information. See Section 14 for more information about authentication.
2. REPORT AND SCORE SERVICE
The Report and Score Service allows you to establish connections with third parties and authorize or request that they authorize the sharing of Credit Information. This Experian Service will enable you, as a Report Subject, to (a) view your Credit Information ordered by you as a Report Subject for thirty (30) days following delivery, and (b) authorize End Users you authorize for connection to view your Credit Information. This Experian Service will enable you, as an End User, to view Credit Information about a Report Subject for which you have been authorized as an End User, for a limited time.
As a Report Subject, you may provide Experian with the email addresses of End Users with whom you wish to connect.
For End Users, Experian will send a connect request to the End User email addresses provided by such End User. The connect request will include your name, email address and any message you provide. Your name, email address and message will be available to all third parties with whom you have requested or had a successful connection. You authorize Experian to share your name, email address and message as described herein and required by the Report and Score Service. You agree to refrain from using any unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable comments in your message. You acknowledge and agree that Experian and Zillow Group are not responsible for your or any third party’s comments in user generated messages that are transmitted by the Report and Score Service.
Before allowing access to your Credit Information, each End User must certify it has permissible purpose to access and use the Credit Information and indicate agreement to these Terms and Conditions. When viewing by an End User is instructed by Report Subject, Report Subject is authorizing Experian to make Report Subject’s Credit Information available to End Users with whom Report Subject has successfully connected, for up to thirty (30) days from the date of the Report Subject’s most recent order for Credit Information (“Request Time”). Each End User may access the Report Subject’s then-current Credit Information and subsequently view a copy of the Report Subject’s Credit Information during the remaining Request Time associated with the applicable order for Credit Information unless the Report Subject terminates (deletes, cancels, removes or declines) an End User’s connection, access request or view capability, or the service is terminated for any other reason. The then-current Credit Information could differ from the Credit Information originally viewed by the Report Subject. Report Subject acknowledges and agrees that Experian and Zillow Group are not responsible for any actions or decisions made by any End Users with whom the Report Subject has agreed to share their Credit Information.
In addition to compliance with Section 4 (FCRA Certifications) below, End User, in its request for and use of the Experian Service constituting an Investigative Consumer Report under ICRAA, will comply with all obligations under ICRAA and the California Investigative Consumer Reporting Agencies Act Policy (“ICRAA Policy”), available here. Additionally, various state laws may limit the information that can be considered in an Investigative Consumer Report and the End User should ensure that it is complying with any applicable limitations.
End User shall indicate to EBD that the request for Experian Services is for an Investigative Consumer Report if the Report Subject is located in California, the rental property is located in California or the rental decision is made in California. End User understands and agrees that even if End User does not indicate that the request for Experian Services is for an Investigative Consumer Report, in accordance with the preceding sentence, if EBD determines the Credit Information constitutes an Investigative Consumer Report by reason of the End User’s certification of use for tenant screening purposes and the Report Subject is located in California, EBD will provide the Investigative Consumer Report and will include the following code in the comment section: “ICRAA Report” to notate that the report provided is an Investigative Consumer Report. End User certifies to EBD that it has or will make, in accordance with ICRAA, all applicable disclosures required in the ICRAA Policy and in California Civil Code §1786.16, subdivision (a) and End User shall comply with subdivision (b). For ease, the requirements of subdivision (b), as in effect as of the Revised date above, are set forth below.
End User shall:
(a) provide the Report Subject a means by which the consumer may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any Investigative Consumer Report that is prepared. If the consumer wishes to receive a copy of the Investigative Consumer Report, End User shall send a copy of the Investigative Consumer Report to the consumer within three business days of the date that the Investigative Consumer Report is provided to End User by EBD. The notice to request the Investigative Consumer Report may be contained on either the disclosure form, as required by subdivision (a), or a separate consent form. The copy of the Investigative Consumer Report shall contain the name, address, and telephone number of EBD as the issuer of the Investigative Consumer Report and how to contact EBD with respect to Investigative Consumer Reports;
(b) comply with California Civil Code §1786.40, if End User takes adverse action against the consumer for which the Investigative Consumer Report relates. Specifically, End User acknowledges and agrees to provide to consumers for whom an Investigative Consumer Report is provided, and in the adverse action cases, to include the contact information below for EBD as provided by EBD to End User;
(c) limit its provision of the EBD contact information to a Report Subject for whom End User has received an Investigative Consumer Report; and the contact information for EBD is below:
Experian Background Data, Inc.
PO Box 1458
Allen, TX 75013
Toll Free number - (833) 256-3148
In addition, you agree that Zillow Group will have access to Credit Information and End User information solely in its capacity as a limited purpose agent of Experian in hosting the Experian Service, and solely for the purpose of displaying the Credit Information to the applicable Report Subjects and End Users.
3. REVIEW AND RECEIPT OF NOTICE TO USERS OF CONSUMER REPORTS
By executing this Agreement, End User acknowledges that End User has read, understands and received the Notice to Users of Consumer Reports. The Notice to Users of Consumer Reports is available on Zillow.
4. FCRA CERTIFICATIONS
By Report Subject: Report Subject understands and certifies that Report Subject is providing “written instructions” to Experian and Zillow Group, as Experian’s limited purpose agent, in accordance with the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., as amended (“FCRA”) to access and use Report Subject’s credit report for (a) authenticating Report Subject’s identity, (b) providing Report Subject with a copy of Report Subject’s Credit Information, and (c) providing authorized End Users with a copy of Report Subject’s Credit Information, upon Report Subject’s request or approval.
By End User: End User will request and use the Credit Information strictly in accordance with the FCRA and ICRAA. End User agrees to and shall individually certify End User’s permissible purpose for access to Credit Information on a consumer when requested by Experian. End User acknowledges that End User’s use of the Credit Information will be limited to one of the following two (2) uses and no other purpose, and End User will not request or use the Credit Information for any other purpose including, without limitation, any purpose prohibited by law.
a) Legitimate Business Need
i. Renting / Leasing a Property
b) Consumer’s Written Consent
i. Evaluating Report Subject’s Financial Status for the Purpose of Renting / Leasing a Property
END USER IS NOT AUTHORIZED TO REQUEST OR RECEIVE CONSUMER INFORMATION FOR ANY USE NOT OTHERWISE IDENTIFIED HEREIN, INCLUDING BUT NOT LIMITED TO CREDIT REPAIR, MARKETING AND EMPLOYMENT.
End User certifies that it has permissible purpose under the Fair Credit Reporting Act to access Report Subject’s Credit Information. End User agrees to a limited one-time use of each consumer’s Credit Information.
End User acknowledges and agrees that Experian, at its sole discretion, may require that End User submit to an additional authentication or review at any time. End User understands that End User’s access to the Experian Service may be suspended until such time as such review is complete and approved by Experian.
END USER ACKNOWLEDGES THAT THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OR IMPRISONED NOT MORE THAN TWO YEARS OR BOTH.
5. NOTICE TO USERS OF CONSUMER REPORTS: OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681y, requires that notice be provided to inform users of consumer reports of their legal obligations. That notice can be viewed at Zillow. State law may impose additional requirements. The text of the FCRA is set forth in full at the Consumer Financial Protection Bureau’s Website at www.consumerfinance.gov/learnmore. Other information about user duties is also available at the Bureau’s Web site. End Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA.
6. POINT OF SALE CERTIFICATION
In compliance with Section 1785.14(a) of the California Civil Code, End User certifies to Experian that End User is NOT a retail seller, as defined in Section 1802.3 of the California Civil Code, and does NOT issue credit to consumers who appear in person on the basis of applications for credit submitted in person.
7. CONFIDENTIALITY
You acknowledge that the Credit Information and/or data provided by or received by you may include personal information pertaining to individual consumers, and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse. You agree that the Experian Service and the Credit Information shall only be used as expressly authorized in this Agreement. You agree that under no circumstances will you sell or otherwise disclose any Credit Information, or information contained in or derived from it, to any third party unless otherwise required by law.
8. COMPLIANCE WITH LAWS
You agree to and shall comply with all federal, state and local laws, rules, regulations and decisions applicable to your provision to Experian of information and your use of the Credit Information and Experian Service provided under this Agreement.
9. MODIFICATION OR TERMINATION OF EXPERIAN SERVICE
Experian may, at its discretion, modify or discontinue any Experian Service, the Service Website or Content, or any portion thereof, or its relationship with Zillow Group, with or without notice. You agree that Experian and Zillow Group will not be liable to you or any third party for any modification or discontinuance of any Experian Service, the Service Website or Content.
10. UPDATED TERMS AND CONDITIONS
This Agreement may be updated from time to time. You should check the Service Website regularly for updates to these Terms and Conditions. Each time you order, access or use any Experian Service, the Service Website, and/or Content through the Service Website, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then-current Agreement.
11. TERMINATION OF AGREEMENT
This Agreement may be terminated without cause by Experian or Zillow Group at any time upon notice to you.
12. NOTICE OF PROSECUTION
Access to and use of password protected and/or secure areas of the Service Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service Website may be subject to prosecution.
13. SECURITY MEASURES AND AUTHENTICATION
Because Experian uses security measures designed to protect your privacy and to safeguard your information, Experian may not always be able to successfully provide the Experian Service to you. For example, when the system is unable to verify your identity, Experian cannot offer a manual authentication process for the Experian Service and will be unable to fulfill your order if you fail online authentication one or more times.
14. PERSONAL INFORMATION
Experian may use your personal information in connection with the Experian Service and as allowed by Experian’s Privacy Policy. Experian’s Privacy Policy for the Experian Service available on the Service Website is available at Zillow.
15. REVIEW AND RECEIPT OF PRIVACY NOTICE
By executing this Agreement, you acknowledge you have reviewed Experian’s Privacy Policy on Zillow and understand and agree to its terms.
16. FCRA DISPUTES OF CREDIT REPORT INFORMATION
Accurate adverse information on Report Subject’s credit report cannot be changed. If Report Subject believes that the Report Subject’s Experian consumer credit report contains inaccurate or fraudulent information, it is Report Subject’s responsibility to contact Experian’s National Consumer Assistance Center to dispute information. Report Subject may request a consumer file disclosure at no charge within 60 days of ordering Report Subject’s Credit Information under the Report and Score Service, by contacting Experian’s National Consumer Assistance Center at www.experian.com/rs/fi64.html. In any other situation, Report Subject may contact Experian’s National Consumer Assistance Center at www.experian.com or 888-397-3742 for assistance at any time, which may be subject to applicable fees.
17. VANTAGESCORE®
The Report and Score Service utilizes the VantageScore® credit score. The VantageScore® credit score may or may not be used by End Users, and is not an endorsement or guarantee of Report Subject’s credit worthiness as seen by End Users.
Please be aware that there are many scoring models used in the marketplace. Each scoring model may have its own set of factors and scale. The information and credit scoring may be different than that used by an End User. The VantageScore® credit score may not be identical in every respect to any other credit score produced by another company that may be used by an End User.
Report Subject’s VantageScore® credit score is calculated using Report Subject’s actual data from Report Subject’s credit file on the day that an End User requests Report Subject’s report. Keep in mind, however, that other factors, such as length of employment and annual salary, are often taken into consideration by End Users when making decisions about Report Subject. How each End User weighs their chosen factors may vary, but the exact formula used to calculate Report Subject’s score is proprietary.
Also note that each consumer reporting agency has its own set of data, resulting in a separate VantageScore® credit score for each of Report Subject’s credit files.
You agree to request VantageScore® credit scores only for your use alone for the purposes stated in these Terms and Conditions and for no other purpose or use. All VantageScore® credit scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except as required by law.
VantageScore® is owned by VantageScore Solutions, LLC.
18. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
The Report and Score Service provides Credit Information including an abbreviated version of a Report Subject’s consumer credit report and VantageScore® credit score. Experian is not acting as a credit repair organization when providing Report Subject with the Experian Service, and is not offering to sell, provide or perform any service to Report Subject for the express or implied purpose of either improving Report Subject’s credit record, credit history or credit rating or providing advice or assistance to Report Subject with regard to improving Report Subject’s credit record, credit history or credit rating. Report Subject acknowledges and agrees that Report Subject is not seeking to purchase, use, or access any of the Experian Service, Service Website, and Content in order to do so.
19. NO WARRANTY BY EXPERIAN
YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED TO REPORT SUBJECT AND END USERS THROUGH THE REPORT AND SCORE SERVICE, AND THE REPORT SUBJECT’S CREDIT INFORMATION AND THE VANTAGE SCORE CREDIT SCORE, INCLUDING THE SCORE FACTORS DERIVED FROM THE ELEMENTS IN REPORT SUBJECT’S CREDIT REPORT, MAY CHANGE OVER TIME AS REPORT SUBJECT’S REPORT CHANGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE EXPERIAN SERVICE, SERVICE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. THE EXPERIAN SERVICE, THE SERVICE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. EXPERIAN AND ITS SUPPLIERS (INCLUDING WITHOUT LIMITATION ZILLOW GROUP) EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE EXPERIAN SERVICE, SERVICE WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM EXPERIAN DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EXPERIAN AND ZILLOW GROUP MAKE NO WARRANTY THAT (I) THE EXPERIAN SERVICE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXPERIAN SERVICE OR CONTENT WILL BE RELIABLE.
20. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT EXPERIAN AND ZILLOW GROUP WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE ANY EXPERIAN SERVICE, THE SERVICE WEBSITE OR CONTENT, EVEN IF EXPERIAN HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON EXPERIAN OR ZILLOW GROUP, THEN YOU AGREE THAT EXPERIAN’S AND ZILLOW GROUP’S TOTAL COMBINED LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM EXPERIAN’S OR ZILLOW GROUP’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE MONETARY AMOUNT, IF ANY, PAID BY THE APPLICABLE REPORT SUBJECT.
21. ARBITRATION: ALL CLAIMS DECIDED BY BINDING ARBITRATION OR SMALL CLAIMS COURT, NOT COURTS OF GENERAL JURISDICTION. NO TRIAL BY JURY. NO CLASS ARBITRATIONS OR CLASS ACTIONS.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
SUMMARY:
MOST CUSTOMER CONCERNS REGARDING THE EXPERIAN SERVICE, SERVICE WEBSITE OR CONTENT CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING ZILLOW GROUP AT RENTALAPPLICATIONS@ZILLOW.COM OR EXPERIAN’S CUSTOMER SERVICE DEPARTMENT AT EXPERIANCONNECTSUPPORT@EXPERIAN.COM. IN THE UNLIKELY EVENT THAT EXPERIAN’S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF EXPERIAN HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. WE ALSO AGREE THAT ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR, NOT A COURT. 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 DAMAGES AND RELIEF SIMILAR TO WHAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. EXPERIAN WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS AS DETERMINED BY THE ARBITRATOR. HOWEVER, IN ARBITRATION, BOTH YOU AND EXPERIAN WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
Arbitration Provision:
(a) Experian and you agree to arbitrate all disputes and claims between us, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims subject to arbitration to the fullest extent permitted by law. 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.
We also agree that any controversy concerning whether a dispute or claim is arbitrable shall be determined by the arbitrator, not a court, including the scope, applicability, validity, enforceability, interpretation, or formation of this arbitration provision as well as the Agreement’s other terms and conditions, and any claim that all or any part of this arbitration provision or Agreement is void or voidable.
For purposes of this arbitration provision, references to “Experian,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized users or beneficiaries of services, products or information under this Agreement. References to “Experian” also include Zillow Group, its limited purpose agent in providing the Experian Service.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Experian are each waiving the right to a trial by jury and the right 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.
(b) A party who intends to seek arbitration must first send to the other party, by certified mail, a written Notice of Dispute (“Notice”). The notice to you will be sent to the most recent postal address in the United States that you provide for this service. The Notice to Experian should be addressed to: General Counsel, Experian, 475 Anton Boulevard, Costa Mesa, CA 92626 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Experian and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Experian may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Experian or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Experian is entitled.
You may download or copy a form Notice and a form to initiate arbitration from here: www.experian.com/arbitration.
(c) After Experian receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $200, but is subject to change by the arbitration provider. If you are unable to pay this fee, Experian will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at www.experian.com/arbitration. This information is not legal advice.) The arbitrator shall apply only the terms of this Agreement to any dispute. Unless Experian and you agree otherwise, any arbitration hearings will take place in the county (or parish) of the most recent postal address in the United States that you provided to Experian. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, Experian will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Experian within thirty (30) days for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND EXPERIAN 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 Experian 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. The arbitrator may award 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. If this specific subparagraph (f) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if Experian makes any change to this arbitration provision (other than a change to the Notice Address) during your use of the Report and Score Service or other Service, you may reject any such change and require Experian to adhere to the language in this provision if a dispute between us arises regarding such service.
22. DATA AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that Experian has expended substantial time, effort and funds to create and deliver the Experian Service and compile its various databases. All data in Experian’s databases and any other intellectual property that are part of the Experian Service are and will continue to be Experian’s or its licensors’ exclusive property. Nothing contained in this Agreement shall be deemed to convey to you or to any other party any ownership interest in or to intellectual property or data provided in connection with the Experian Service, or any license beyond the use rights permitted under this Agreement.
23. TRADEMARKS
You acknowledge and agree that the name Experian®, the Experian Logo, ExperianConnectSM, and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of Experian (collectively “Marks”). You agree you will not use any such Marks for any purpose without prior written authorization from Experian. Experian’s Marks may not be used in connection with any product or service that is not Experian’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Experian. VantageScore® is owned by VantageScore Solutions, LLC. All other trademarks, names, or logos not owned by Experian that appear on this Service Website are the property of their respective owners.
24. COPYRIGHTS
All Content included on this Service Website, such as credit resources, text, graphics, logos, button items, icons, pictures, images, data compilations, works of authorship and other information and all revisions, modifications, and enhancements thereto is the property of Experian or its suppliers and is protected by United States and international copyright laws. All software used on this site is the property of Experian or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent. You agree you will not use any such Content or software for any purpose without prior written authorization from Experian.
25. NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name and address of the provider of the Service Website is Experian Information Solutions, Inc., 475 Anton Blvd., Costa Mesa, CA 92626. Complaints regarding the Service Website or requests to receive further information regarding use of the Service Website may be sent to the above address or to ExperianConnectSupport@experian.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
26. WAIVER
No failure on the part of either party to enforce any covenant, agreement, or condition of this Agreement shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of either party to enforce the same in the event of any subsequent breach by the other party.
27. AUDIT
Experian will have the right to audit your use of the Experian Service to assure compliance with the terms of this Agreement. You will be responsible for assuring full cooperation with Experian in connection with such audits and will provide Experian access to such properties and records as Experian may reasonably require for such purpose.
28. ASSIGNMENT
You acknowledge and agree that Experian may assign or transfer its rights and obligations under this Agreement to any third party. Any assignment or transfer shall not entitle you to any change in terms or refunds. Your rights and obligations under this Agreement may not be assigned or transferred.
29. GOVERNING LAW
The interpretation and enforcement of the arbitration provision contained in Section 24 of this Agreement is governed by the Federal Arbitration Act. This Agreement shall otherwise be governed by, construed and enforced in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.
30. SEVERABILITY
This Agreement shall be deemed to be severable and, if any provision is determined to be void or unenforceable, then that provision will be deemed severed and the remainder of the Agreement will remain in effect. The foregoing does not apply to Section 24(f) of this Agreement; if Section 24(f), or any portion thereof, is found to be unenforceable, the arbitration provision (but only the arbitration provision) shall be null and void.
31. FORCE MAJEURE
Experian shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.
32. ENTIRE AGREEMENT
These Terms and Conditions, the Privacy Policy, and other policies posted to the Service Website constitute the entire Agreement between Experian, Zillow Group and you in connection with your use of the Experian Service, the Service Website, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. The Terms and Conditions are effective until terminated by Experian. In the event of termination, the Intellectual Property, Disclaimers, and Limitations of Liability provisions set forth in these Terms and Conditions will survive, in addition to any other provisions of this Agreement that would normally survive termination for any reason. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Service Website or otherwise, these Terms and Conditions will control. As set forth in Section 32 herein, if any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The foregoing does not apply to Section 24(f) of this Agreement; if Section 24(f), or any portion thereof, is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. The section headings are for convenience only and do not have any force or effect.
BY CLICKING THE “I AGREE” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN SECTION 24 ENTITLED “CLAIMS BY BINDING ARBITRATION,” AND CONSENT TO THIS BINDING ELECTRONIC TRANSACTION. YOU FURTHER AGREE THAT YOUR ELECTRONIC SIGNATURE IS EFFECTIVE AND YOU WILL NOT CONTEST THE LEGALLY BINDING NATURE, VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN SECTION 24, BASED ON THE FACT THAT THE TERMS WERE ACCEPTED ELECTRONICALLY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY RECEIVE RELATED NOTICES AND OTHER SERVICES ELECTRONICALLY THROUGHOUT YOUR ENTIRE COURSE OF PARTICIPATION IN THE EXPERIAN SERVICE.
This Agreement and any related transactions entered into electronically will be deemed to be “in writing” and to have been “signed” by you with the same effect as a manual signature (and any electronic record of such Agreement entered into online will be deemed to be “in writing.”)
You acknowledge that you have a printer or other device to print or save this Agreement. After clicking “I Agree,” you may contact us at ExperianConnectSupport@experian.com to obtain a paper copy of this Agreement or any other electronic record provided as part of the Experian Service. The provision of certain records in paper form may be subject to additional fees. In addition, you may withdraw your consent to conduct transactions electronically by contacting us at ExperianConnectSupport@experian.com, though doing so will act as a notice of termination of this Agreement.