Terms & Conditions

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AlwaysChecking^℠ Digital Identity Protection Services

Terms of Use

As a M&T Bank checking account holder, one of the valuable features of your deposit account is access to AlwaysChecking Digital Identity Protection Services. These services - referred below as the "AlwaysChecking Services" or the “Products” or "Services" include credit monitoring, dark web monitoring, and dedicated support. They are provided to you at no cost through our service provider, CS Identity Corporation, a Delaware corporation that is a part of Experian (“CSID”).

The Terms of Use below and the AlwaysChecking Privacy Policy apply to the Services and govern your use of the AlwaysChecking Services. Please review these Terms of Use carefully as they include important information about the AlwaysChecking Service. By reviewing these Terms of Use and clicking “accept” at the bottom you agree to these Terms of Use between you and M&T Bank. (“M&T” or the “Bank”) for the AlwaysChecking Services provided in conjunction with our service provider, CS Identify Corporation or CSID.

THESE ARE THE TERMS OF AGREEMENT BETWEEN YOU AND M&T. PLEASE TAKE TIME TO READ IT CAREFULLY. BY ENROLLING AND USING THE ALWAYSCHECKING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER AT SECTION 11 BELOW. YOU SHOULD READ THAT PROVISION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS OF USE YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” TO M&T. AND ITS SERVICE PROVIDERS, CSIDENTITY CORPORATION, AND CONSUMERINFO.COM, INC. (A/K/A EXPERIAN CONSUMER SERVICES; CS IDENTITY CORPORATION AND CONSUMER INFO.COM, INC (A/K/A EXPERIAN SERVICES, ARE REFERRED TO COLLECTIVELY IN THESE TERMS OF USE AS “EXPERIAN”), AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, THIRD PARTY DATA PROVIDERS, AND ALL OTHER CREDIT REPORTING AGENCIES UNDER THE FAIR CREDIT REPORTING ACT (FCRA), AS AMENDED, INCLUDING, WITHOUT LIMITATION, EXPERIAN, TRANSUNION, EQUIFAX AND AFFILIATED ENTITIES, TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE INFORMATION ABOUT YOU WITH EACH SUCH NATIONAL CREDIT REPORTING AGENCY IN ORDER TO VERIFY YOUR IDENTITY AND TO PROVIDE THE SERVICES TO YOU.

TERMS OF USE
Notice: Your use of the AlwaysChecking Services (the “Website” or the “Site”) means that you have accepted these terms in their entirety. If you do not agree with these Terms of Use in their entirety, please terminate the AlwaysChecking Services and stop using the Services. These Terms of Use (this “Agreement” or “Terms of Use”) identifies what you can expect from M&T in connection with the AlwaysChecking Services”) and what M&T expects from you. These Terms of Use apply to your enrolled of the AlwaysChecking Services from M&T or your use of the Website, and govern the relationship between you and M&T, even if you have agreed to other or conflicting terms and conditions of third parties associated with this business relationship or the provision of such services and/or products.

For the avoidance of doubt, this Agreement expressly applies to: (a) your access to and use of the Website; (b) any and all transactions between you and M&T through the Website, including for the provision of the AlwaysChecking Services or of any credit, personal, financial or other information delivered as part of or in conjunction with the Services; and (c) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Website.

You may not use or enroll in the AlwaysChecking Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with M&T for the AlwaysChecking Service. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind. Before you continue, you should print or save a local copy of this Agreement for your records.
INTRODUCTION
Please read the following information carefully before using the AlwaysChecking Services provided by this Website. By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to these Terms of Use and to follow all applicable laws and regulations. If you do not agree with the Terms of Use, do not use the Services and do not use the Website. M&T reserves the right, in its sole discretion, to modify or update these Terms of Use at any time without prior notice to you, which modifications and/or updates will be binding on you, and M&T may refuse to provide you the AlwaysChecking Services for any reason or no reason at all. However, no unilateral amendment will retroactively modify the parties’ agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing. Please check the Terms of Use each time you visit this Site for the most current information.

You must have an email address and provide the same to M&T, and have a Java-compatible browser to receive and/or access the AlwaysChecking Service online via a mobile application, if applicable. As an online (or mobile application) customer, you are agreeing to receive all notifications via email at the email address on file with M&T. You are obligated to update the email address on file when your email address changes. In the event that M&T is unable to deliver email messages to you regarding your use of the AlwaysChecking Services, you agree to accept notifications in an alternative method, such as direct mail. You may select this method by accessing your member homepage online and changing your alert settings. Please make sure the mailing address is your current address.

The AlwaysChecking Services may offer features and services that are available to you via M&T’s mobile applications or mobile websites, if applicable. Standard messaging, data and other fees may be charged by your carrier. By using the mobile features, you agree to be bound by the terms of this Agreement and further agree that M&T may bill your carrier (if applicable) for any Services you authorize. You may also purchase services via mobile applications of third parties. Any third-party mobile application purchases shall be governed by the purchase terms and conditions of the third party from which you are purchasing services. You also agree that M&T may send communications to your mobile device and collect information from your device.
PRIVACY AND INFORMATION SHARING
Since it affects your use of the Services, please review the Always Checking Privacy page which describes how your information may be collected and disclosed by Experian and/or M&T when you use the AlwaysChecking Services. The AlwaysChecking Privacy page is located on the Site and is incorporated into this Agreement, and you agree to accept the terms of the privacy terms as a condition to your acceptance of this Agreement.

You agree and authorize, the Bank, its service provider Experian, and our respective agents and employees, to provide your personally identifiable information (or information about your child you have enrolled) to third parties from time to time as provided in the AlwaysChecking Privacy Policy. You waive any and all claims against the Bank, its service provider, Experian, and their respective agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize M&T, its service provider, Experian and their respective agents and employees to obtain various information and reports about you (or about your child that you have enrolled) in order to perform our services, including, but not limited to, address history reports, name and alias reports, criminal reports, and all other relevant reports.

In consideration of your order of, access to, and/or use of the Services or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Services, when prompted to do so by the registration and application forms or requested to do so by M&T and its service provider, Experian, in connection with the AlwaysChecking Services. If any information you provide is untrue, inaccurate or not current, or if M&T or its service provider, Experian, has reasonable grounds to suspect that such information is untrue, inaccurate or not current, M&T and its service provider, Experian, at their sole discretion, have the right to suspend or terminate your order of, use of, and/or access to, the Services or the Website, and refuse all current or future orders of, use of, and/or access to, the Services or the Website, or suspend or terminate any portion thereof. The Bank and its service provider, Experian, may, in their sole discretion, retain any information you provide to it about yourself or any minor child you are enrolling, when enrolling in the Services (including any applicable credit card or payment information or other information obtained in connection with the provision of the Services) to assess the validity and accuracy of such information and to verify your or your minor children's identity. If M&T does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
1. NOTHING IN THESE TERMS OF USE, INCLUDING SECTIONS 4 AND 5, SHALL EXCLUDE OR LIMIT M&T’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND CSID’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2. THE ALWAYSCHECKING SERVICES SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER M&T NOR ITS AFFILIATES OR ANY THIRD-PARTY SERVICE PROVIDERS, INCLUDING EXPERIAN OR SUPPLIERS 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 THE ALWAYSCHECKING SITE, MEMBERSHIPS, PRODUCTS OR SERVICES OR THAT M&T’SSITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, M&TAND ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, INCLUDING EXPERIAN OR SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND 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/OR CONTENT ARE AT YOUR OWN RISK. BY USING THE ALWAYSCHECKING SERVICES AND ALWAYSCHECKING SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER M&TNOR ITS AFFILIATES OR ITS SERVICE PROVIDER, EXPERIAN HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE ALWAYSCHECKING 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.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM M&T, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4. Neither M&T nor its service provider, Experian, is a credit repair organization, or similarly regulated organization under other applicable laws, and does not provide credit repair advice. In this regard, M&T nor its service provider, Experian is offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access the Services and the Website (or any content in the Website) in order to do so. Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of your credit score monitoring product but is provided free of charge to all consumers, regardless of whether they are members of the credit score monitoring product.
5. The credit monitoring offerings using the AlwaysChecking Services monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
6. If you use the SSN Trace services, you represent and warrant to M&T that you will use such services (or any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.

LIMITATION OF LIABILITY
SUBJECT TO SECTION 4 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT M&T AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS, INCLUDING EXPERIAN OR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR:
1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE ALWAYSCHECKING SERVICES OR THE WEBSITE;
  2. ANY CHANGES WHICH M&T MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
  3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
  4. YOUR FAILURE TO PROVIDE M&TWITH ACCURATE ACCOUNT INFORMATION; OR
  5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
3. THE LIMITATIONS ON M&T’S LIABILITY TO YOU IN SECTION 4 ABOVE SHALL APPLY WHETHER OR NOT M&T HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

ALWAYSCHECKING SERVICES MEMBERSHIP
As long as you maintain your M&T Consumer Checking account, you will not be charged a fee for the AlwaysChecking Services covered in these Terms of Use. If you close your M&T Consumer Checking account, you will be automatically unenrolled from this service and will receive a notice in the mail confirming such unenrollment. At unenrollment, your AlwaysChecking Services will be de-activated and you will no longer be able to log into the AlwaysChecking Site and/or have any access to the Services. If you would like to resume the AlwaysChecking Services through M&T, you will need to reopen a M&T Consumer Checking account, re-register for the AlwaysChecking Services in M&T Site.
UNSOLICITED IDEA SUBMISSION POLICY
When you provide M&T with comments, suggestions, or ideas (collectively, “Feedback”), such Feedback is not considered confidential and becomes the property of M&T. M&T is not obligated to you if you provide such Feedback. M&T is free to use, copy, or distribute the Feedback to others for any purpose.
INTERNATIONAL USE
Because you can access this Site and use the Services internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the United States or the country of your residence.

Unless otherwise specified, the Services made available through the Website are intended for use by U.S. consumers only. M&T controls and operates the AlwaysChecking Services from the U.S. and makes no representations or warranties that the information, products or services provided through the AlwaysChecking Services or the Website are appropriate for access or use in other jurisdictions. Notwithstanding the above, M&T reserves the right to limit the availability of the AlwaysChecking Services or the provision of any Services to any person, geographic area, or jurisdiction, at any time and in M&T's sole discretion.
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 this 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.

Under the Fair Credit Reporting Act, you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) 322-8228 or by using the mail request form available at the central source Website.

You are entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
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. For Illinois residents, credit reporting agencies are required by law to give you a copy of your credit record upon request at no charge or for a nominal fee. Otherwise, a consumer credit reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

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 ANY OF THE CREDIT BUREAUS 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.

It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact such entities as follows:

Experian: 1-800-EXPERIAN (1-888-397-3742)

Equifax: 1-800-685-1111

TransUnion: 1-800-916-8800
APPLICABLE LAW
The AlwaysChecking Services are performed through M&T’s service provider, CSID, at its corporate headquarters located in the State of Texas. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Texas, regardless of Texas conflict of laws. Subject to Section 11 below (which provides for arbitration of claims between you and M&T including its service provider to the maximum extent possible), you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts located in Travis County, Texas for any dispute or litigation arising out of, relating to, or the use or purchase of AlwaysChecking Services from M&T.
ARBITRATION
DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

SUMMARY:

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING ALWAYSCHECKING’S CUSTOMER SERVICE DEPARTMENT AT 1-855-962-6943. IN THE UNLIKELY EVENT THAT ALWAYSCHECKING'S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING THE SERVICES OR THE WEBSITE TO YOUR SATISFACTION (OR IF ALWAYSCHECKING HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), M&TINCLUDING ITS SERVICE PROVIDER, EXPERIAN AND YOU 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. ALWAYSCHECKING WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, YOU AND M&T INCLUDING ITS SERVICE PROVIDER, EXPERIAN WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

Arbitration Agreement:
M&T and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the AlwaysChecking Services or Website, 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 directly relating to the provision of the Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to:

Claims arising out of or relating to any aspect of the relationship between you and M&T arising out of the AlwaysChecking Services or the Website, whether based in contract, tort, statute (including, without limitation, the Credit Repair Organizations Act) 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.

For purposes of this arbitration provision, references to "M&T," "you," and "us" shall include M&T and its service provider, Experian, their respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of the Services and/or Website or information under this or prior Agreements between us relating to the Services and/or Website. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and M&T 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 arbitration provision. This arbitration provision shall survive termination of this Agreement.

You may obtain more information about arbitration from www.adr.org.

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. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. 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.

All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless M&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. 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, M&T 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 M&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

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.

Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

YOU AND M&T 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 M&T 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 to the maximum extent permitted by law. 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 the entirety of this specific subparagraph is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of the subparagraph enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.

Notwithstanding any provision in this Agreement to the contrary, we agree that if M&T makes any change to this arbitration provision during your membership in any Service, including credit monitoring, or subsequent to your purchase of any Service, you may reject any such change and require M&T to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD M&T INCLUDING ITS SERVICE PROVIDER, EXPERIAN HARMLESS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY PROVIDERS OF INFORMATION OR SERVICES TO THEALWAYSCHECKING SITE FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE OR YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS. IN THE EVENT THAT M&T INCLUDING ITS SERVICE PROVIDER, EXPERIAN IS SUBJECT TO ANY CLAIM FOR WHICH M&T INCLUDING ITS SERVICE PROVIDER, EXPERIAN HAS THE RIGHT TO BE INDEMNIFIED BY YOU, M&T INCLUDING ITS SERVICE PROVIDER, EXPERIAN WILL HAVE THE RIGHT TO, AT YOUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIM, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT THEIR PRIOR WRITTEN CONSENT.
YOUR PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the AlwaysChecking Services. Accordingly, you agree that you will be solely responsible to M&T for all activities that occur under your AlwaysChecking Services account. If you become aware of any unauthorized use of your password or of your account, you agree to notify M&T immediately.
TERMINATION OF RELATIONSHIP
1. Except as expressly survives herein, these Terms of Use will continue to apply until terminated by either you or M&T as set out below.
2. If you want to terminate your agreement for the AlwaysChecking Services with M&T, you may do so, with or without cause, by (a) notifying M&T at any time and/or (b) closing your accounts for all of the Services which you use, where M&T has made this option available to you. Please contact M&T to close your account.
3. M&T may at any time terminate this agreement with you with or without cause (and for any or no reason). M&T also may terminate its agreement with you if, among other reasons:
  1. you have breached any provision of these Terms of Use (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);
  2. M&T is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  3. the provision of the AlwaysChecking Services to you by M&T is, in M&T opinion, no longer commercially viable.

Other Features
1. Alerts. If enabled, an "alert" will be sent if (i) key changes are detected on your Experian Credit Bureau (and where applicable TransUnion and Equifax) credit reports; or(ii) when the Internet Scan feature (where applicable) detects your Social Security number, debit card number, credit card number, and potentially other information on the Internet.
2. Credit Monitoring Alerts. This feature seeks to monitor key changes in your credit file at Experian Credit Bureau. Experian requests that Experian Credit Bureau enroll you in its credit monitoring program. In the event that you order a product that includes three bureau credit monitoring, Experian requests that Experian Credit Bureau, Equifax, and TransUnion enroll you in their credit monitoring programs. You will only receive alerts for key changes made to the credit reports for which you are enrolled in credit monitoring. If you are not enrolled in credit monitoring at a credit bureau, you will not receive alerts to changes on those reports. You understand that there may be situations where M&T, Experian Credit Bureau, or the other credit bureaus are not able to enroll you in monitoring programs in a timely fashion or at all, and if you are enrolled, there may be situations where you remain enrolled for a period of time after you cancel the Services.
3. Internet Scan Alerts. The Internet Scan feature scans the Internet for your Social Security number and up to three debit or credit cards (and potentially other information if made available). We will not automatically scan the internet for your personal information. You must activate the Internet Scan feature via the Website. If you do not activate this feature, your social security number, debit card(s) or credit card(s) will not be monitored on the web. You must provide Experian with the information that you would like for us to monitor and scan on the internet in areas known for criminal activity. We will send you an alert if your information is detected in the method chosen by you and as made available, such as email, United States Postal Service, or SMS mobile/text message. The Internet Scan feature is provided by Experian and a third-party vendor. Because the internet is vast and information can be difficult to match, neither M&T, Experian nor its vendor guarantee that Internet Scan will detect all improper use of your information.
4. Experian Credit Bureau Credit Report. Upon successful enrollment, you will receive your Experian Credit Bureau credit report. In some cases, you may receive a VantageScore® Score with your Experian Credit Bureau credit report.
5. Social Security Monitoring. If you enroll in a Product that includes social security monitoring or tracing (sometimes referred to as “SSN Trace”), you represent and warrant to us that you will use such services (or any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.
6. Identity Alerts and Internet Surveillance Scans (aka CyberAgent® Dark Web Monitoring) – Additional Terms.
  Disclaimer. Because the Internet is vast, Experian, and its service providers cannot guarantee that “Identity Alerts” or “Dark Web Surveillance” (if available in your Product), including any internet surveillance scans and reports, will detect all possible instances of identity theft and/or potentially fraudulent, or otherwise improper or unnecessary use of your information. You acknowledge that M&T and Experian, and its service providers, use your personal information to the extent necessary to perform a scan or scans of applicable websites and databases, and provide you with an opportunity to view the results of such scans. Certain information contained in Identity Alerts may be obtained from criminal activities monitored on the Internet. Because of the dynamic nature of this data, the exchange platforms, and the fact that it may have been obtained from criminals, among other considerations, M&T, Experian and its service providers cannot guarantee the accuracy or completeness of the Identity Alerts provided. Please understand that the third-party databases monitored to enable Identity Alerts are subject to change.
  Accuracy of Your Personal Information. As a condition for using and receiving Identity Alerts, you acknowledge and agree that you will keep any personal information required to enable the applicable Identity Alert accurate and current, including without limitation, your name, address, date of birth, e-mail address, telephone number, social security number, driver’s license number, and financial account numbers (e.g. credit or debit card numbers, if applicable).
7. CHILD MONITORING.
  Scope of Products. If made available in your Product, the Child Monitoring that will be performed is different than monitoring for persons over the age of eighteen (18). Please reference details provided at the time of enrollment for more information on the type and scope of Child Monitoring offered as part of your Product.
  Certification as Parent or Guardian. A “Child” is defined as a minor under the age of eighteen (18). We will provide information about a Child only to the Child’s parent or legal guardian. You certify that you are the parent or legal guardian of each child whom you have named on the Child Monitoring enrollment forms and that you understand and agree that enrollment may require Experian and/or its service providers to obtain information about those children from a credit reporting company, if applicable, that all information you provide about such children is true and accurate, and that any information about those children that you obtain from Experian and/or its service providers will be used solely for the purpose of protecting against or preventing actual or potential fraud with respect to the children whom you are enrolling or have enrolled in Child Monitoring. PROVIDING FALSE INFORMATION AND/OR USE OF THIS SERVICE FORANYTHING OTHER THAN THE INTENDED PURPOSES IS STRICTLY PROHIBITED AND MAY SUBJECT YOU TO CRIMINAL OR OTHER PENALTIES.
  Proof of Guardianship. Experian and/or its service providers may require, at their sole discretion, the parent or legal guardian to prove guardianship in order for the parent or legal guardian to receive the details on a Child’s monitored information or request fraud resolution, which may include, but is not limited to, the Child’s Social Security card and birth certificate, valid proof of identification, proof of residence, and/or a similar federal or court produced document demonstrating such relationship.
  Automatic Unenrollment Prior to 18 Birthday. An enrollee in the Child Monitoring service is no longer considered a Child when the enrollee reaches his or her eighteenth (18) birthday and Experian and/or its service providers reserve the right to automatically unenroll any Child enrolled in Child Monitoring within seven (7) days before their eighteen birthday, based on the date of birth information provided by you in the enrollment process. After that time period, you will not receive monitoring of any sort regarding that Child.
MISCELLANEOUS
1. No waiver of any breach of any provision of these Terms of Use or of any agreement with M&T will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use or of any other agreement between you and M&T to be invalid or unenforceable, such findings will have no effect on any other part or provision of these Terms of Use or any other agreement between you and M&T. All waivers must be in writing.
2. M&T is not responsible for delay or failure to perform due to causes beyond M&T reasonable control.
3. The Terms of Use constitute the whole legal agreement between you and M&T and govern your use of the AlwaysChecking Services (but excluding any services which M&T may provide to you under a separate written agreement), and completely replace any prior agreements between you and M&T in relation to the Services.
4. You may not use, frame or utilize framing techniques to enclose any trademark, service mark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without M&T 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 M&T or any third party including its service provider, Experian.
5. The Site contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by M&T and its subsidiaries or its service provider, Experian, including but not limited to, the marks “AlwaysChecking,” “CSID,” “Cyberagent,” “Protector,” and others. AlwaysChecking and the AlwaysChecking product names referenced in the Site are either trademarks, service marks or registered trademarks of M&T. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by M&T including its service provider, Experian. No use of any AlwaysChecking trademark may be made by any third party without express written consent of M&T. Other products and company names mentioned in the Site may be the trademarks of their respective owners.
6. No part of AlwaysChecking’s Web Site may be reproduced, modified, or distributed in any form or manner without the prior written permission of M&T.
7. The images, text, screens, web pages, materials, data, content and other information (“Content”) used and displayed on the Site are the property of M&T or its third-party service providers, including Experian or suppliers and are protected by copyright, trademark and other laws. In addition to M&T rights in individual elements of the Content within the Site, M&T owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Web 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 M&T or the owner of the Content.
8. Except as otherwise provided, any notices may be sent to you to the most recent e-mail address you have provided to M&T or, if you have not provided an e-mail address, to any e-mail or postal address that M&T believe is your address. If you wish to update your registration information, please log in to your account and update your information.

You have numerous rights under the FCRA, including the right to dispute inaccurate information in your credit report(s). Consumer reporting agencies are required to investigate and respond to your dispute, but are not obligated to change or remove accurate information that is reported in compliance with applicable law. While this plan can provide your assistance in filing a dispute, the FCRA allows you to file a dispute for free with a consumer reporting agency without the assistance of a third party.

Terms & Conditions

AlwaysChecking℠ Digital Identity Protection Services

Terms of Use

AlwaysChecking^℠ Digital Identity Protection Services