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Effective Date: October 19, 2017
YOU MUST ACCEPT THIS AGREEMENT BEFORE YOU WILL BE PERMITTED TO REGISTER FOR, USE OR PURCHASE ANY CREDIT MONITORING PRODUCT OR SERVICE. BY REGISTERING FOR FLUID’S CREDIT MONITORING SERVICE ON THIS WEBSITE OR THROUGH FLUID’S MOBILE APPLICATION, YOU ARE ACKNOWLEDGING ELECTRONIC RECEIPT OF, AND YOUR AGREEMENT TO BE BOUND BY, THIS AGREEMENT. YOU ALSO AGREE TO BE BOUND BY THIS AGREEMENT BY USING OR PAYING FOR OUR PRODUCTS OR SERVICES, OR TAKING OTHER ACTIONS THAT INDICATE ACCEPTANCE OF THIS AGREEMENT.
MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, CONSUMER REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CONSUMER DISCLOSURE (SOMETIMES REFERRED TO AS A CREDIT REPORT) UPON REQUEST AT NO CHARGE OR FOR A NOMINAL FEE. NONE OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE ARE INTENDED AS A SUBSTITUTE FOR THE CONSUMER DISCLOSURE INFORMATION THAT MAY BE AVAILABLE TO YOU WITHOUT CHARGE. PRIOR TO PURCHASING ANY PRODUCT, YOU SHOULD REVIEW THE PORTIONS OF THIS AGREEMENT ABOUT THE FAIR CREDIT REPORTING ACT OR VISITWWW.ANNUALCREDITREPORT.COM FOR FURTHER DETAILS REGARDING YOUR RIGHT TO OBTAIN A COPY OF YOUR CONSUMER DISCLOSURE.
PROVIDERS OF PRODUCTS AND SERVICES.
Kuber Financial, LLC d/b/a Fluid. provides the Products. Fluid obtains certain Product features from other companies, including obtaining credit Product features from Trans Union, LLC. Fluid may also partner with other companies (“Suppliers”) to provide Products or Product features to you or sell you a Product provided by a Supplier. Suppliers are included in references in this Agreement to “we”, “us” and “our”.
PERSONAL INFORMATION; AUTHORIZATION.
As needed to provide Products and Services to You, You authorize and instruct Us to obtain, monitor, and compile Your: (i) credit information from one or more consumer reporting agencies; (ii) “non-public personal information”, “personal information”, and/or “highly restricted personal information” about or concerning You as defined by the Gramm-Leach-Bliley Act (15 U.S.C. sec 6801 et seq); and (iii) other personal information. By subscribing to Fluid’s Credit Monitoring Service, You acknowledge and agree that Your access to the Service and any consumer credit information contained therein is subject to Your prior written authorization and Our verification of Your identity. As such, You understand and agree that by registering for Fluid’s Credit Monitoring Service You are providing “written instructions” in accordance with the Fair Credit Reporting Act (“FCRA”) for Us to obtain credit information about You from one or more of the three nationwide consumer reporting agencies and You hereby authorize Us to access Your personal credit information in order to provide the Products.
YOUR RIGHT TO OBTAIN A CONSUMER DISCLOSURE FREE OF CHARGE.
None of Our Products are intended to substitute, or constitute an offer for a consumer disclosure (sometimes referred to as a “credit report”) that may be available to You without cost or obligation under federal or state law. Prior to purchasing any Product or enrolling in any Service via this website or mobile application, You should carefully review Your right to obtain a free copy of Your consumer disclosure once every twelve (12) months from each of the three nationwide consumer reporting agencies by visiting www.annualcreditreport.com. A more complete description of your rights to obtain or gain access to your consumer disclosure without charge is contained in the “Additional Consumer Report-Related Disclosures” section of this Agreement.
USE OF THE PRODUCTS.
By registering for the Product or Service You certify that You are at least 18 years of age. You agree that the information You provide during the registration process, and the information You provide from time to time while using the Product or Service, will be true, accurate and current. We may use information from third-party sources, including your mobile carrier, to verify your identity. It is a violation of federal criminal laws to knowingly or willfully obtain information from a consumer reporting agency under false pretenses. If Fluid has any reason to suspect You have provided untrue, inaccurate or non-current information it may, in its sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict Your use of and access to any part(s) of the Product or Service) at any time, without notice. You agree not to: use the Product in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Product or interfere with any other party’s use and enjoyment of the Product; harvest or collect email addresses or other contact information of other users from the Product by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; interfere with or disrupt the Product or servers or networks connected to the Product; violate any terms which may be applicable for any particular area of the Product; violate any applicable local, state, national or international law, or any regulations having the force of law; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Product or Service.
THIRD PARTY SOFTWARE.
In the event that the Product you are procuring hereunder includes third party software, You acknowledge that Your use of third party software may be subject to the license terms associated with such third-party software. Fluid hereby disclaims any liability or responsibility with respect to any such third-party software.
SERVICE SUBSCRIPTION TERM.
Unless terminated earlier pursuant to the terms and conditions of this Agreement, Your Service membership will continue for the period of time specified on Fluid’s website and/or mobile application. If You receive the Service as a benefit of enrolling in, or purchasing, third-party products or services, Your Product membership may be terminated pursuant to the terms and conditions of Your agreement with the third party. As specified on the website, Your service subscription may be subject to automatic renewal. Fluid may, in its sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict Your use of and access to the Product) at any time, without notice.
PRODUCT & SERVICE CANCELLATION.
Notice of cancellation must be received three business days prior to the date Your automatic monthly subscription payment is scheduled to process. To cancel Your subscription, please contact our Customer Service Team 5 days a week, 8am – 5pm Pacific Standard Time at 1-888-4-FluidFi (1-888-435-84334), or by mail at Kuber Financial, C/O Fluid 200 Spectrum Center Drive, Suite 4052, Irvine CA 92618.
Unsolicited comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to Fluid (collectively “Feedback “) will be deemed to be non-confidential and Fluid has no obligations of any kind with respect to such Feedback and will be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback.
ELECTRONIC AND TELEPHONIC COMMUNICATIONS.
The Fluid product names referenced in this website, including without limitation FLUID, the FLUID Logo, FLUIDCM, FLUIDPlus and FluiDThreat (“Fluid Marks “) are trademarks or registered trademarks of Kuber Financial, LLC d/b/a Fluid, in the United States and/or in other countries. Your use of the Fluid Marks is governed by the Fluid’s trademark usage requirements. Other products and company names mentioned on the website may be the trademarks of their respective owners.
Copyright Notice: Copyright (c) 2016 -2017 Kuber Financial, LLC d/b/a Fluid. All Rights Reserved. Except as otherwise provided, Fluid owns all content contained in this website, including without limitation the information, materials, text, graphics, website design, and the selection, assembly and arrangement thereof (“Content “). The Content is protected by copyright and other laws of the U.S. and other countries and may not be used for any commercial purpose or copied, distributed, displayed, modified, reproduced, performed, published, posted or reverse engineered in whole or in part without the prior written permission of Fluid. For more information regarding our copyright policies please email [email protected] or send regular mail to Chief Compliance Officer, 200 Spectrum Center Dr., Suite 4052, Irvine CA 92618.
IDENTITY THEFT INSURANCE.
Certain Products include an identity theft insurance benefit for active users. The insurance limits are different depending on the Product. These identity theft insurance benefits are provided under master group policies issued to Equifax and its affiliates for the benefit of their active users. The complete insurance policies are available from Us on request. The insurance provider administers all claims, and We shall have no responsibility with respect to such identity theft benefit. Please click here to view the policy summary of benefits for policies providing an aggregate limit of insurance of up to $25,000 and here to view a summary of benefits of the policies providing an aggregate limit of insurance of up to $1,000,000.
CREDIT MONITORING PRODUCTS AND SERVICE FEATURES.
“Credit Monitoring” monitors Your consumer credit files maintained by one or more of the three nationwide consumer reporting agencies, depending on the type of Product or Service You have purchased (e.g, single bureau monitoring, tri-bureau monitoring, etc.). In each case the credit file or files that are monitored on Your behalf are separately owned and/or maintained by one or more of the three nationwide consumer reporting agencies: Equifax Information Services, LLC, TransUnion LLC, and Experian. Credit Monitoring will not advise You if an item of identifying information is contained in the credit file of another person and in no event will Credit Monitoring ever monitor, compare or cross-reference Your credit file(s) with the credit file(s) of another person, nor will it ever provide You with any information contained in another person’s credit file(s).
Your credit monitoring alerts from Fluid will usually begin within 3 – 5 days of Your enrollment of an applicable Service or purchase an applicable Product.
ADDITIONAL CONSUMER REPORT RELATED DISCLOSURES.
You have a right to obtain a free copy of your consumer disclosure once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual consumer disclosure, you may go to www.annualcreditreport.com, or call 1-877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your consumer disclosure from a consumer reporting agency, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit file within the preceding 60 days. The consumer reporting agency must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your consumer disclosure if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. For more information You may also contact the Federal Trade Commission (“FTC”) by calling the FTC toll free – 1-877-FTC-HELP or visit their website: www.ftc.gov. In addition, the states of MA, VT, CO, NJ, MD and ME permit consumers to obtain one credit report per consumer reporting agency per year, free of charge and the state of GA permits consumers to obtain two credit reports per consumer reporting agency per year, free of charge. None of Our Products are intended to substitute for any free credit report or disclosure that any credit reporting agency or bureau is required by law to provide to You.
THIRD PARTY WEBSITES AND SERVICES.
This Product may provide, or third-parties may provide, links or other access to other websites, services and resources on the Internet and otherwise, including reporting agencies (“Third-Party Services “). Fluid has no control over such Third-Party Services and Fluid is not responsible for and does not endorse such Third-Party Services. You further acknowledge and agree that Fluid shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, content, goods or services available on or through any such Third-Party Services.
This Agreement and its enforcement shall be governed by the laws of the state in which You most recently told Kuber Financial, LLC d/b/a/ Fluid You live according to Fluid’s records, without regard to conflict of law principles.
ENTIRE AGREEMENT BETWEEN US.
This Agreement constitutes the entire agreement between You and Us regarding the Products, Services, and information contained on or acquired through this website or provided by Us, including through other linked third-party Internet sites and our mobile application. This website may contain hyperlinks or other references to third-party Internet sites that Fluid does not own or operate. You may be subject to additional terms and conditions that apply when You use third-party Internet sites. You agree that You are responsible for reviewing and understanding any terms and conditions governing any third-party Internet site and products and Fluid has no responsibility therefore. This Agreement takes effect on Your first use of this website or mobile application, and it applies to all persons accessing the Products or Services provided on our website and/or mobile application from Your computer or hand held electronic device, and to all persons using Your User ID or password. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You agree that this Agreement is not intended to and does not confer any rights on any persons other than Us and You and the third-party beneficiaries referenced in this Section. If any provision of this Agreement is held invalid, unenforceable or void by applicable laws, the remaining portions shall continue in full force and effect. You may not assign this Agreement or the Product or Service to someone else. Unless otherwise explicitly stated, the provisions contained in the following sections “Use of the Products”, “Trademark Rights”, “Copyright Notice”, “Applicable Law” and this Section, “Entire Agreement Between Us”, will survive termination of this Agreement and Your access to and use of the Products and the information contained on this website or provided by Us. Suppliers are third party beneficiaries under this Agreement.