TD Credit Score Center
Terms and Conditions
Last updated: May 4, 2024
Use of Credit Score Center (also the "Service") provided by TD Bank, N.A. ("TD Bank") through our third party service provider, CSIdentity Corporation (“CSID”), an Affiliate of Experian Information Solutions, Inc. (“Experian”) is subject to the following Credit Score Center Terms and Conditions, as may be amended and available on the website. In addition, by accessing or using Credit Score Center, you agree to be bound by the below terms and conditions, and you certify that the information you have provided in connection with your account is true and accurate. You must accept the terms and conditions below before you will be permitted access to this Credit Score Center. The information you provide to Experian will be subject to TD Bank's Privacy Notice.
These Terms and Conditions include an arbitration clause and class action waiver in the DISPUTE RESOLUTION BY BINDING ARBITRATION PROVISION which will impact any dispute resolution.
Eligibility
Credit Score Center is offered to select TD Bank customers only. To access Credit Score Center you must have already enrolled in TD Bank online services and accepted the Online Servicing Agreement. Credit Score Center is only available if we can match your personal information with your credit file.
Credit Education Services
Who May Use
(a) You agree that you will use Credit Score Center only for your own behalf.
(b) You understand that by enrolling in the Credit Score Center service, you are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for TD Bank and its service providers, which may include CSID, to obtain information from your personal credit profile from Experian, a major credit reporting agency, in connection with your access to and use of Credit Score Center. You authorize TD Bank and its service providers to use your Social Security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting, and scoring products.
Communications
You agree to receive in electronic form, these Terms and Conditions and all other communications regarding Credit Score Center.
Disclaimer
Neither TD Bank nor Experian is a credit repair organization, or similarly regulated organization under other applicable law, and neither TD Bank nor Experian will provide credit repair advice. Credit Score Center is not a credit repair tool. Neither TD Bank nor Experian claims to be able to "clean up" or "improve" your credit record, credit history or credit rating.
If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting agency and follow the appropriate procedures for notifying the credit reporting agency that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting agencies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is not part of the Credit Score Center in which you are enrolling. Accurate adverse information on your credit report cannot be changed.
Trademark
FICO® is a registered trademark of Fair Isaac Corporation in the United States and other countries.
Score DisclosureFICO Credit Score Disclosure
FICO® Scores are developed by Fair Isaac Corporation. The FICO® Score provided by ConsumerInfo.com, Inc., also referred to as Experian Consumer Services (“ECS”), in Experian CreditWorks℠, Credit Tracker℠ and/or your Credit Score Center membership (as applicable) is based on FICO® Score 8, unless otherwise noted. Many, but not all, lenders use FICO® Score 8. In addition to the FICO® Score 8, ECS may offer and provide other base or industry-specific FICO® Scores (such as FICO® Auto Scores and FICO® Bankcard Scores). The other FICO® Scores made available are calculated from versions of the base and industry-specific FICO® Score models. There are many different credit scoring models that can give a different assessment of your credit rating and relative risk (risk of default) for the same credit report. Your lender or insurer may use a different FICO® Score than FICO® Score 8 or such other base or industry-specific FICO® Score, or another type of credit score altogether. Just remember that your credit rating is often the same, even if the number is not. For some consumers, however, the credit rating of FICO® Score 8 (or other FICO® Score) could vary from the score used by your lender. The statements that “90% of top lenders use FICO® Scores” and “FICO® Scores are used in 90% of credit decisions” are based on a third-party study of all versions of FICO® Scores sold to lenders, including but not limited to scores based on FICO® Score 8. Base FICO® Scores (including the FICO® Score 8) range from 300 to 850. Industry-specific FICO® Scores range from 250-900. 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 FICO® Score indicates to lenders that you may be a higher credit risk. There are three different major credit reporting agencies — the Experian credit bureau, TransUnion® and Equifax® — that maintain a record of your credit history known as your credit report. Your FICO® Score is based on the information in your credit report at the time it is requested. Your credit report information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your FICO® Score can vary if the information they have on file for you is different. Since the information in your report can change over time, your FICO® Score may also change.
Features
Identity Monitoring
TD Bank and its service provider cannot guarantee that any identity monitoring alerts, including through Internet scans and other reports, will be able to detect all possible instances of fraudulent or improper use of your information or any possible instances of identity theft. Additionally, the accuracy or completeness of such alerts cannot be guaranteed as the data is dynamic due to being retrieved and monitored on the Internet.
To use Identity Monitoring, you understand and agree that you will keep any personal information, such as but not limited to your name, address, date of birthday, email address, social security number, and other information accurate and current.
Score Simulator
Credit Score Center has a credit score simulator that estimates how certain changes in your credit behavior may impact your credit score. This simulator shows how these changes may impact the credit score displayed on Credit Score Center. The simulated scores and any score changes simulated by in the Score Simulator in the Credit Score Center are only predicted estimates. Neither Credit Score Center nor CSID guarantee that your actual credit score will change in the same manner or at all as indicated in the Score Simulator.
New Features
We may from time to time, modify or delete existing features on Credit Score Center or otherwise introduce new features to the Credit Score Center. We will inform you of any such changes to features if we are legally required to do so. If you use any of the modified or new features when they become available, you agree to be bound by the terms for those features, as posted online, whether or not you actually review the updated terms.
Additional Information
Your Right to Receive a Free Credit Report From AnnualCreditReport.com
Under the FCRA, you are entitled to receive a free disclosure of your credit report from each of the national credit reporting agencies annually. For more information visit AnnualCreditReport.com
Service Availability
You acknowledge that, from time to time, the Service may be delayed, interrupted or unavailable for an indeterminate period of time. We shall not be liable for any claim arising from or related to the Service arising from any such delay, interruption or unavailability, for whatever reason. We are not responsible for any claim arising from or related to a failure to update information, for whatever reason. Some aspects and functionality of the Service may not be available in all geographic areas. Without limiting the forgoing, we reserve the right to deny any aspect of the Service if any one of the following circumstances exists: 1) the internet or your systems are not working properly; 2) circumstances beyond our control prevent us from providing the product or service, despite reasonable precautions that we have taken (such circumstances include telecommunication outages or interruptions, postal strikes, delays caused by payees, fires, and floods); 3) your account is subject to legal process or other encumbrance restricting the action; 4) your Access Credentials as defined in the Online Servicing Agreement have been reported lost or stolen, or we have canceled or disabled your information used to access the Service or we have canceled or disabled the Service generally or 5) we have reason to believe that you or someone else is using the Service for fraudulent or illegal purposes.
Termination and Restrictions
We may choose to cancel the Credit Score Center service with no prior notice to you. We may also restrict or suspend your enrollment in the Credit Score Center service at any time.
Indemnity
You acknowledge and agree that you are personally responsible for your conduct while using the Credit Score Center service 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 Service or the use of the Service by anyone using your Access Credentials or your violation of these Terms and Conditions 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 and Conditions.
Choice of Law, Successors, Waiver and Severability.
These Terms and Conditions and the enforcement thereof shall be governed by the laws of the State of Delaware, without regard to any choice of law provision. These Terms and Conditions shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. We can delay enforcing any of our rights under these Terms and Conditions or in connection with the Service without losing them. We will not be deemed to have waived any of our rights under these Terms and Conditions unless such waiver is in writing and signed by us. A waiver on any one occasion shall not be construed as a bar or waiver of any rights on future occasions. If any provision of these Terms and Conditions conflicts with the law under which these Terms and Conditions are to be construed or if any provision of these Terms and Conditions is held invalid 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 Conditions 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.
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 CUSTOMER SERVICE AT 1-833-421-3384. IN THE UNLIKELY EVENT THAT CUSTOMER SERVICE IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE WITH TD BANK OR TD BANK’S SERVICE PROVIDER(S) TO YOUR SATISFACTION (OR IF TD BANK AND/OR TD BANK’S SERVICE PROVIDER(S) HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), YOU, ON THE ONE HAND, AND TD BANK AND/OR TD’S SERVICE PROVIDER(S), ON THE OTHER, 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 EXCEPT THOSE CLAIMS ARISING OUT OF OR RELATING TO THE FCRA AND/OR THE FCRA'S STATE LAW EQUIVALENT(S) DISCUSSED IN THE ARBITRATION AGREEMENT SECTION. 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 THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. WE WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, YOU, ON THE ONE HAND, AND TD BANK AND/OR TD’S SERVICE PROVIDER(S), ON THE OTHER, WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM EACH OTHER PARTY TO THE SAME EXTENT AS YOU AND THEY WOULD BE IN COURT.
Arbitration Agreement:
ARBITRATION – You, on the one hand, and TD Bank and/or TD Bank’s service provider(s), on the other, 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 by you against TD Bank or TD Bank’s service provider(s) as well as their respective corporate affiliates for claims arising out of these Terms and Conditions directly related to the services or product/service websites. However, any disputes or claims you may have which relate to your credit report, or any claims arising out of or relating to the 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 these Terms and Conditions, you, TD Bank and TD Bank’s service provider(s) are each waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for your payment of your arbitration filing fee. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request). 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, ON ONE HAND, AND TD BANK AND/OR TD BANK’S SERVICE PROVIDER(S), ON THE OTHER, 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 TD Bank 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 shall be null and void.
YOU AND TD AND/OR ITS SERVICE PROVIDER(S) AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES. (1) For the purposes of this Agreement “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other. (2) In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, you and TD and/or its service provider(s) agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, you and TD and/or its service provider(s) agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement. (3) If any part of the preceding sentences in (1) and (2) is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of the sentences and this Agreement shall be enforced to the maximum extent permitted by law. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to these Terms and Conditions 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. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
The terms of this Section shall survive any termination, cancellation or expiration of these Terms and Conditions.
LIABILITY – NEITHER TD BANK, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER TD BANK, 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 TD CREDIT SCORE CENTER SERVICE. NEITHER TD BANK, 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 TD BANK, CSID, 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. CREDIT SCORE CENTER 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 THESE TERMS AND CONDITIONS.