Terms & Conditions

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AlwaysChecking^℠ Digital Identity Protection Services

Terms of Use

As a People’s United Bank, N.A. Checking account customer, one of the valuable features of your deposit account is People’s United AlwaysChecking Digital Identity Protection Services which includes including credit monitoring, dark web monitoring, and identity theft insurance and support, (referred below as the "AlwaysChecking Services" or the "Services") made available to you at no cost to you through our service provider, CS Identity Corporation, a Delaware corporation that is a part of Experian.

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 People’s United Bank, N.A. (“People’s United” or the “Bank”) for the AlwaysChecking Services provided in conjunction with our service provider, CS Identify Corporation or CSID.

TERMS AND CONDITIONS

THESE ARE THE TERMS OF AGREEMENT BETWEEN YOU AND PEOPLE'S UNITED. ALL OF IT IS IMPORTANT SO TAKE A FEW MINUTES TO READ IT CAREFULLY.
BY ENROLLING AND USING THE ALWAYSCHECKING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.
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 AND CONDITIONS YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” TO PEOPLE'S UNITED BANK, N.A. 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 and Conditions (this “Agreement” or “Terms of Use”) identifies what you can expect from People's United in connection with the AlwaysChecking Services”) and what People's United expects from you. These Terms and Conditions apply to your purchase of the AlwaysChecking Services from People's United or your use of the Website, and govern the relationship between you and People's United, 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 People's United 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 People's United 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. People's United 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 People's United 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 People's United, 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 People's United. You are obligated to update the email address on file when your email address changes. In the event that People's United 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 People's United 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 People's United 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 People's United 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 AlwaysChecking Privacy Policy and Terms of Use which describes how your information may be collected and disclosed by People's United when you use the AlwaysChecking Services. The AlwaysChecking Privacy Policy is located on the Site and is incorporated into this Agreement, and you agree to accept the terms of the privacy policy 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 People's United, 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 People's United and its service provider, Experian, in connection with the AlwaysChecking Services. If any information you provide is untrue, inaccurate or not current, or if People's United or its service provider, Experian, has reasonable grounds to suspect that such information is untrue, inaccurate or not current, People's United 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 People's United 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 THE PEOPLE'S UNITED 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 PEOPLE'S UNITED 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 PEOPLE’S UNITED'S SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, PEOPLE'S UNITED AND 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 PEOPLE'S UNITED NOR 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 PEOPLE'S UNITED, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4. Neither People's United nor it 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, People's United 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 People's United 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 PEOPLE'S UNITED 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 PEOPLE'S UNITED 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 PEOPLE'S UNITED WITH ACCURATE ACCOUNT INFORMATION; OR
  5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
3. THE LIMITATIONS ON PEOPLE'S UNITED LIABILITY TO YOU IN SECTION 4 ABOVE SHALL APPLY WHETHER OR NOT PEOPLE'S UNITED 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 People’s United Consumer Checking account, you will not be charged a fee for the AlwaysChecking Services covered in these Terms of Use. If you close your People’s United Consumer Checking account, you will be unenrolled from this service and will receive a notice in the mail. 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 you will need to reopen a People's United Bank Consumer Checking account, re-register for the AlwaysChecking Services in People's United Bank Online Banking or Mobile Banking, and you will be able to access your service again.
UNSOLICITED IDEA SUBMISSION POLICY
When you provide People's United with comments, suggestions, or ideas (collectively, “Feedback”), such Feedback is not considered confidential and becomes the property of People's United. People's United is not obligated to you if you provide such Feedback. People's United 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. People's United 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, People's United 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 People’s United'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 our 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 People's United 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 People's United.
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), PEOPLE'S UNITED INCLUDING 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 PEOPLE'S UNITED 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:
People's United 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 People's United 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 "People's United," "you," and "us" shall include People’s United 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 People's United 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 People's United 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, People's United 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 People's United 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 PEOPLE'S UNITED 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 People's United 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 People's United 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 People's United 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 PEOPLE'S UNITED 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 REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE OR YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS. IN THE EVENT THAT PEOPLE'S UNITED INCLUDING ITS SERVICE PROVIDER, EXPERAIN IS SUBJECT TO ANY CLAIM FOR WHICH PEOPLE'S UNITED INCLUDING ITS SERVICE PROVIDER, EXPERIAN HAS THE RIGHT TO BE INDEMNIFIED BY YOU, PEOPLE'S UNITED 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 People's United 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 People's United immediately.
TERMINATION OF RELATIONSHIP
1. These Terms of Use will continue to apply until terminated by either you or People's United as set out below.
2. If you want to terminate your legal agreement for the AlwaysChecking Services with People's United, you may do so, with or without cause, by (a) notifying People's United at any time and (b) closing your accounts for all of the Services which you use, where People's United has made this option available to you. Please contact People's United to close your account.
3. People's United may at any time terminate this legal agreement with you with or without cause (and for any or no reason). People's United also may terminate its legal agreement with you if, among other reasons:
  1. you have breached any provision of these Terms of Use (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);
  2. People's United 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 People's United is, in People's United opinion, no longer commercially viable.

MISCELLANEOUS
1. No waiver of any breach of any provision of these Terms of Use or of any agreement with People's United 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 People's United 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 People's United. All waivers must be in writing.
2. People's United is not responsible for delay or failure to perform due to causes beyond People's United reasonable control.
3. The Terms of Use constitute the whole legal agreement between you and People's United and govern your use of the AlwaysChecking Services (but excluding any services which People's United may provide to you under a separate written agreement), and completely replace any prior agreements between you and People's United 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 People's United 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 People's United 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 People's United 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 People’s United. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by People’s United including its service provider, Experian. No use of any AlwaysChecking trademark may be made by any third party without express written consent of People’s United. 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 People’s United.
7. The images, text, screens, web pages, materials, data, content and other information (“Content”) used and displayed on the Site are the property of People's United or its third-party service providers, including Experian or suppliers and are protected by copyright, trademark and other laws. In addition to People's United rights in individual elements of the Content within the Site, People's United 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 People's United 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 People's United or, if you have not provided an e-mail address, to any e-mail or postal address that People's United 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.

*VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.

There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So, your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.

There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if your lender gives you a score that's different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of Vantage Scores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes.

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AlwaysChecking℠ Digital Identity Protection Services

Terms of Use

AlwaysChecking^℠ Digital Identity Protection Services