Effective Date: 11/04/2024
These Terms and Conditions ("Terms") govern the use of the Credit Monitor and Identity Theft Protection services ("Services") provided by Curacao ("we," "us," "our"). By enrolling in the Services, you ("Customer," "you," "your") agree to these Terms.
The Services are provided by CSIdentity Corporation (“CSID”), an Experian company, on behalf of Curacao. By enrolling in the Services, you authorize Curacao to share your information with CSID as necessary to facilitate the provision of these Services.
The Services include monitoring your credit file(s) with the major credit reporting agencies, alerts for significant changes, access to your credit report and score, identity theft insurance, and more as described in the sections below.
You must be a Curacao customer residing in the United States with an active Curacao Credit Card account in good standing (“Account”) to enroll in the Services. Accurate and complete personal information is required for enrollment.
By checking the Authorization box and clicking “I consent” during enrollment, you are providing written instructions under the Fair Credit Reporting Act (FCRA) and other applicable laws, including similar state laws, for Experian, Equifax, and TransUnion or any other consumer reporting agency to release your credit report information, including without limitation credit score, employment and income information about you, to Curacao and/or CSID upon our request at any time as long as you are enrolled in the Services. Curacao and CSID will use this information to provide you with the Services, to offer you other products from time to time and to prefill and facilitate applications for products and services.
Enrollment is voluntary and may be completed online through Curacao's customer portal. You may cancel the Services at any time by contacting Curacao customer service. Upon cancellation, the Services will remain active until the end of the then-current billing cycle for your Account.
A monthly fee will be charged for the Services and billed to your Account. Fees are non-refundable except as required by law. Curacao reserves the right to modify the fee with 30 days' notice.
We and our service providers are committed to protecting your personal information. All data shared for the provision of the Services will be handled according to Curacao's Privacy Policy and CSID’s privacy practices.
The Identity Theft Insurance provided under this Service is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company, and offers up to $1,000,000 in coverage for certain expenses associated with restoring your identity. This insurance is subject to the terms, conditions, and exclusions of the policy. A full description of the insurance coverage can be found in the Summary of Benefits provided during enrollment.
You will receive your VantageScore 3.0, based on data from one or more of the three major credit reporting agencies. This score is for your personal use and may not be the score used by lenders or other institutions. Credit scores may vary among the agencies and over time.
You agree to receive these Terms and all other communications regarding the Services in electronic format. You agree that by using the Services, all notices, alerts or other communications which we may be required to give you arising from our obligations under these Terms may be sent to you by any or all of the following sources, at our option:
The Services provide you with your VantageScore Credit Score, related information and other credit report information. However, it’s important that you know that, by law, you also have the right to free credit reports from AnnualCreditReport.com or by calling 877-322-8228, which is the authorized source under federal law for free credit reports. By law, you may obtain one free credit report from each of the three national consumer reporting agencies (Experian Information Solutions, Inc., Equifax, Inc., and TransUnion) during any twelve-month period. For more information, go to www.consumerfinance.gov/learnmore.
In consideration for our providing the Services to you, you agree that any claim, dispute or controversy relating in any way these Terms or the Services (“Claim”) shall, at the demand of any party, be resolved by arbitration before the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the Claim is filed, except that neither party may demand arbitration of any Claim filed in small claims court. This agreement to arbitrate means that you will not be able to have the dispute settled by trial (other than small claims court) or before a jury or to participate in a class action in court, and other rights you would have in court, including your right to appeal, may not be available. Any arbitration will take place in the county that includes the mailing address we have on file for you when the Claim is filed or at any other mutually acceptable location. Where the applicable law allows it, the award may include attorneys’ fees and other expenses. The award, at a minimum, shall be a reasoned award. Either party may appeal the award pursuant to the AAA’s Optional Appellate Arbitration Rules. The award shall not be considered final until the time for filing the notice of appeal pursuant to the Appellate Rules has expired. After the award has become final, any party to the arbitration may enter judgment upon the arbitration award in any court having jurisdiction over the award and may have that judgment enforced by any court having jurisdiction over that judgment. NO ARBITRATOR OR COURT MAY ORDER, PERMIT OR CERTIFY A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL LITIGATION OR CONSOLIDATED ARBITRATION IN CONNECTION WITH THESE TERMS. NO ARBITRATOR OR COURT MAY ORDER OR PERMIT A JOINDER OF PARTIES OTHER THAN ANY JOINT APPLICANT OR OTHER AUTHORIZED USER OF YOUR ACCOUNT. YOU WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL LITIGATION OR CONSOLIDATED ARBITRATION RELATED T O YOUR CARD OR ACCOUNT. This arbitration clause shall not apply to any Claims as to which the limitations herein on class actions or class-action or consolidated arbitration are not permitted by applicable law. If any provision of this arbitration clause should be found invalid or unenforceable, that determination shall not affect the enforceability of the remaining provisions. YOU MAY REJECT THIS ARBITRATION CLAUSE, BUT YOU MUST DO SO PROMPTLY. If you do not wish to be bound by this arbitration clause, you must notify us within 60 days from the date your Account opens by mailing a written rejection notice to: Arbitration Manager, Curacao Legal Department, 1605 W. Olympic Blvd., Ste. 510, Los Angeles, CA 90015. The notice must include your Account number and a clear statement of your intent, such as “I reject the arbitration clause in the Curacao Credit Monitor and Identity Theft Protection – Terms and Conditions."
EXCEPT AS SET FORTH SPECIFICALLY HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, NEITHER CURACAO, CSID, OR THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEROF, ACCESS TO OR USE OF THE SERVICES, FAILURE OF ELECTRONIC OR MECHANICAL EQIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TEOEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OOR UNABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND THE CONTROL OF CURACAO OR CSID. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN “AS IS”:WHERE IS” AND “WHERE AVAILABLE” BSIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. THE AGGREGATE LIABILITY OF CURACAO, CSID OR THEIR RESPECTIVE AFFILIATES IS LIMITED TO THE AMOUNT YOU HAVE PAID CURACAO FOR THE SERVICES DURING THE RELEVANT BILLING PERIOD.
YOU ACKNOWLEDGE THAT CURACAO AND CSID MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, CURACAO AND CSID DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WWARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUJDING THIRD-PART INFORMATIN, PRODUCTS AND OTHER CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
The Services are provided solely for your personal use. You agree not to resell, distribute, or transfer the Services or any information obtained through the Services. Unauthorized use may result in the termination of your access to the Services.
You acknowledge and agree that you are personally responsible for your conduct while using the Services and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including but not limited to reasonable attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or the use of the Services by anyone using your account number, PIN, user ID or password or your violation of these Terms or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of these Terms.
Curacao reserves the right to update or modify these Terms at any time. Notice of any material changes will be provided via our website or by email. Continued use of the Services after such notice constitutes acceptance of the revised Terms.
We may, from time to time, introduce new features to the Services or modify or delete existing features at our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules and terms concerning these features.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal actions arising out of these Terms shall be brought exclusively in the courts located in California.
We will not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
If any provision of these Terms conflicts with the law under which these Terms are to be construed or if any provision of these Terms is held in valid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of these Terms and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
In the event of a system failure or interruption, your data may be lost or destroyed. Any transactions that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of those transactions. You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction so affected.
Any Curacao account information provided to you as part of the Services is not the official record of your Account or its activity. Your Account statement, furnished to you by us for Curacao in a paper format, or electronically if you are enrolled in paperless statements service, will remain the official record. Information provided as part of the Services is generally updated regularly but is subject to adjustment and correction and therefore should not be replied upon by you for taking, or forbearing to take, any action.
We may terminate, suspend, or limit your access privileges to the Services, in whole or part, at any time for any reason without prior notice. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. We may determine other eligibility criteria in our sole discretion.
For questions, please contact Curacao customer service at 877-287-2226.