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Terms & Disclosures for One Click Credit and Credit Guide

The following terms and conditions and disclosures (this “Agreement”) governs your use of One Click Credit and the Credit Guide. You and HMBradley, Inc. (“HMBradley”) agree as follows:

  1. ONE CLICK CREDIT AUTHORIZATION. MRV Banks and HMBradley are referred to in Section 1 of this Agreement as “We” or “Us”. You authorize Us to obtain a consumer credit report inquiry and income and employment verification on you once each calendar month for the next twelve (12) months to determine the credit offers for which you are qualified, and you understand and agree that:
    1. We will use the credit reports to check your eligibility for credit offers;
    2. You will be able to see the inquiry on your credit report, but it will not impact your credit score (a “soft inquiry”);
    3. You may revoke this authorization by contacting HMBradley at support.hmbradley.com;
    4. You are not making an application for credit; and
    5. If you make an application for the credit offered, We may make an inquiry that may impact your credit score (a “hard inquiry”).

    We use VantageScore 4.0 Credit Score to check your eligibility for credit offers. VantageScore 4.0 is a tri-bureau credit scoring model from VantageScore Solutions. You can learn more at https://vantagescore.com/consumers/our-models.

  2. CREDIT GUIDE SERVICES
    1. You agree to use the Credit Guide only for your personal use. HMBradley will provide you a membership number to use the Credit Guide. You are responsible for your membership number and must notify HMBradley immediately of any unauthorized use of your membership number or the theft or misplacement of your membership number.
    2. You understand that by enrolling in the Credit Guide, you are providing "written instructions" (as that term is used in the federal Fair Credit Reporting Act, as amended ("FCRA")), so that HMBradley and its service providers, including CSIdentity Corporation (“CSID”), can: (1) use your Social Security number to access your personal credit profile, verify your identity, and provide you with credit monitoring, reporting and scoring products and (2) obtain information from your personal credit profile from Experian, Equifax, and Transunion. Experian, Equifax, and Transunion are the three major nationwide credit reporting agencies. You may cancel your enrollment in the Credit Guide by contacting HMBradley at support.hmbradley.com.
    3. Your revocation of the One Click Credit authorization will automatically result in your loss of access to the Credit Guide.
  3. RESOLUTION BY BINDING ARBITRATION
    1. Summary. YOU, HMBRADLEY, AND HMBRADLEY’S SERVICE PROVIDER(S) AGREE TO RESOLVE DISPUTES REGARDING CREDIT GUIDE EXCLUSIVELY THROUGH MANDATORY BINDING ARBITRATION OR SMALL CLAIMS COURT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN A 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 AND DISCLOSURES WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. HMBRADLEY AND ITS SERVICE PROVIDERS FOR THE CREDIT GUIDE WILL PAY THE COSTS OF ARBITRATION, NO MATTER WHO WINS, IF YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, YOU AND HMBRADLEY AND HMBRADLEY’S SERVICE PROVIDER(S), WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM EACH OTHER PARTY TO THE SAME EXTENT AS YOU AND THEY WOULD BE IN COURT.
    2. Arbitration Agreement. You, HMBradley and HMBradley’s service provider(s) agree that any claim or dispute ("Claim") between us shall, at the election of any one of us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims you bring against HMBradley or HMBradley’s service provider(s) as well as their respective corporate affiliates for claims arising out of this Agreement directly related to the Credit Guide services and Credit Guide mobile app and websites. However, any dispute or claim you may have that relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act (“FCRA”) and/or the FCRA’s state law equivalent(s), are not subject to or governed by this agreement to arbitrate. You agree that, by entering into this Agreement, you, HMBradley and HMBradley’s service provider(s) are each waiving the right to a trial by jury or to participate in a class action. At your request, HMBradley and/or HMBradley’s service provider(s) will promptly reimburse you for your payment of the arbitration filing fee. If you are unable to pay this fee, HMBradley and/or HMBradley’s service provider(s) will pay it directly after receiving a written request from you. The arbitrator may award declaratory or 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. You, HMBradley and HMBradley’s service provider(s) agree that each may bring Claims against the other only in our individual capacities and not as a Plaintiff or class member in any purported class, group, or representative proceeding. Further, unless you, HMBradley and HMBradley’s service provider(s) 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. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Section 3 shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 3 shall survive any termination, cancellation, or expiration of this Agreement.
  4. LIABILITY – NEITHER HMBRADLEY, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER HMBRADLEY, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE CREDIT GUIDE. NEITHER HMBRADLEY, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE SERVICES. NEITHER HMBRADLEY, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID HMBRADLEY FOR YOUR MEMBERSHIP. CREDIT GUIDE IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.
  5. SCORE DISCLOSURES
    1. VantageScore 3.0 Credit Score. The Credit Guide uses VantageScore 3.0. 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.
    2. Major Credit Reporting Agencies. 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.
    3. Differing Scoring Models and Uses. There are different credit scoring models that 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 VantageScores). 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 substantially, from a lender’s score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.