The firm listed above on the Service Application, hereinafter referred to as Client and/or End User, petitions UCS/TenantReports.com, hereinafter referred to as UCS/TenantReports.com, for the use of its services upon the basis outlined below. If accepted by UCS/TenantReports.com as a subscriber, Client agrees that the following shall constitute a service contract between Client and UCS/TenantReports.com.
1. The undersigned Client hereby petitions UCS/TenantReports.com to render service in accordance with applicable federal, state and local laws, rules regulations, orders and guidance from federal and state governmental agencies, including but not limited to, the Consumer Financial Protection Bureau and its customary practices. This Agreement states the terms and conditions under which UCS/TenantReports.com will provide consumer credit reports (“Reports”) to Client for which Client agrees to promptly pay for all products and services ordered/requested by client.
These reports are based upon information obtained in good faith by one or more consumer reporting agencies (including Experian, Equifax, and TransUnion). UCS/TenantReports.com may from time to time increase the charges to Client by providing 60 days written notice to Client at its business address and in such event Client agrees to pay the revised charges unless Client terminates this Agreement as hereinafter provided.
2. Client agrees to make full payment within (30) calendar days after the date of each invoice from UCS/TenantReports.com.
3. If any litigation/arbitration between End User and UCS/TenantReports.com, whether relating to this Agreement or otherwise, in addition to all other appropriate relief the prevailing party will be entitled to recover its attorneys’ fees and other costs incurred with the action.
4. Client hereby agrees, represents and warrants that it is the type of business listed in question 1 of the Service Application and in using the services of UCS/TenantReports.com, Client will, in all respects, comply with the provisions of 15 U.S.C. §1681 et seq. (Fair Credit Reporting Act, hereinafter referred to as FCRA) and that services will be requested only for the Client’s exclusive use. Client further certifies that consumer reports will be ordered and used only in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or to review or collect an account of, the consumer.
5. Client certifies that it will request consumer reports pursuant to procedures that are prescribed by UCS / TenantReports.com from time to time and comply wi th appl icable law and only for the permissible purpose certified above, and will use the reports obtained for no other purpose including, but not limited to, for the purpose of selling, leasing, renting or otherwise providing information obtained under this Agreement to any other party, whether alone, in conjunction with Client’s own data, or otherwise in any service which is derived from the consumer reports.
Client shall use each consumer report only for a one-time use and shall hold the report in strict confidence, and not disclose or resell it to any third parties; provided however that (a) Client may, but is not required to, disclose the report to the subject of the report only in connection with an adverse action based on the report, and (b) Client may disclose the report to any person if required to do so under Applicable Law. Moreover, for scores obtained from Trans Union, Equifax Information Systems, or Experian Information Solutions, Client shall not disclose to consumers or any third party, any or all such scores provided under this Agreement, except as required by Applicable Law which includes the use with a legitimate business purpose in connection with a business transaction that is initiated by the consumer. [Client agrees that consumer reports on employees will not be requested. Client will maintain copies of all written authorizations for a minimum of 60 months from the date of inquiry.
Client further agrees, as requested, to promptly furnish, by telephone or in writing, to UCS/TenantReports.com all required information covering transactions by the Client and its consumers, and to indemnify UCS/TenantReports.com, TransUnion, Equifax Information Services, Experian Information Solutions, any other consumer reporting vendors, and each of the other Clients and other officers and employees of each, jointly and severally, from any loss, damage, attorney’s fees and costs arising from any claim or suit based on alleged violations of any provisions of this Agreement.
6. This Agreement shall continue in full force and effect without any fixed date of termination. Either party may terminate this Agreement upon providing ten (10) days written notice to the identified office of the other party. Client hereby acknowledges and understands that UCS/TenantReports.com shall not provide notice if any consumer reporting vendors direct UCS/TenantReports.com to halt delivery of any and all consumer reporting information. If UCS/TenantReports.com is directed to restrict Client’s data privilege, it will be done immediately prior to notice.
Client has forty five (45) days to cure any violations, after notice by UCS/TenantReports.com. If any violation is not cured by client within this specified period of time, UCS/TenantReports.com, in its’ sole discretion, has the option to terminate.
7. No information furnished to Client is guaranteed nor is UCS/TenantReports.com in any way responsible for such information. Absent negligence, misconduct, fraud or any breach of any covenant, obligation, duty, representation or warranty hereof, UCS/TenantReports.com shall not be responsible or liable for any loss caused by any of its servants, agents, attorneys, clerks or employees in procuring, collecting and communicating any information furnished by or to Client. No promise, statement, representation or agreement made by any employee or other representative of UCS/TenantReports.com and not expressed in this Agreement shall bind it contractually or otherwise to Client.
8. Client hereby agrees to comply with all policies and procedures required by UCS/TenantReports.com’s consumer reporting vendors, Client may terminate this Agreement at any time after notification of a change in policy in the event Client deems such compliance is not within its best interest.
9. Client agrees that UCS/TenantReports.com and UCS/TenantReports.com’s consumer reporting vendors shall have the right, upon written notice thereof, to audit records of Client that are relevant to the provision of services set forth in this Agreement during business hours on a business day.
Client further agrees that it will respond within a requested time frame for information requested by UCS/TenantReports.com’s consumer reporting vendors regarding information provided by such vendor. Client understands that such vendor may suspend or terminate access to the vendor’s information in the event Client does not cooperate with such an investigation.
10. (a) During the term of this Agreement, Client agrees to comply with all Applicable Law, including, the FCRA, with any changes enacted to the FCRA during the term of this Agreement, the Gramm Leach Bliley Act and its implementing regulations, any state or local laws governing the disclosure of consumer credit information, and any regulations or limitations promulgated by governmental agencies with respect to UCS/TenantReports.com’s consumer reporting vendors. In addition, such new requirements might require price increases. Client agrees to comply with any such new requirements no later than thirty (30) days after it actually receives notice from UCS/TenantReports.com and such requirements shall be incorporated into this Agreement by this reference. Client understands and agrees that UCS/TenantReports.com may require evidence, including a certification that Client understands and will comply with applicable laws and regulations.
(b) Client will implement strict security procedures designed to ensure that Client’s employees and customers use the services and the credit information in accordance with this Agreement and for no other purposes other than as permitted by this Agreement. Client will hold the services and the credit information in strict confidence and will restrict access to the services and the credit information to Client’s employees and customers who agree to act in accordance with the terms of this Agreement and Applicable Law. Client will inform Client’s employees and customers to whom any credit information is disclosed of the provisions of this Agreement. Client agrees to indemnify UCS/TenantReports.com for any losses incurred by UCS/TenantReports.com as a result of the misuse of the service or the credit information by Client or Client’s affiliates, employees, agents, subcontractors or customers in violation of the Agreement.
11. (a) Client shall notify UCS/TenantReports.com of any breach of the security of consumer reporting data provided under this Agreement if the personal information of consumers was, or is reasonably believed to have been, acquired by an unauthorized person within 24 hours following discovery thereof. (b) In the event of such a breach, Client agrees to cooperate with UCS/TenantReports.com and with UCS/TenantReports.com’s credit reporting vendors in any investigation relative thereto. The nature and timing of any notifications required herein shall be under the control of UCS/TenantReports.com’s credit reporting vendors, unless otherwise required by Applicable Law.
(c) For purposes of this Agreement, “breach of the security of the system” means unauthorized acquisition of data that compromises
the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure.
(d) For purposes of this Agreement, “personal information” means an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:
(1) Social security number. (2) Driver’s license number. (3) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account.
(e) For purposes of this Agreement, “personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
(f) For purposes of this Agreement, “notice” may be provided by one of the following methods:
(1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 USC §7001. (3) E-mail notice, if Client agrees that email notice is acceptable if UCS/TenantReports.com utilizes the email information provided by Client on page (2) of the UCS/TenantReports.com Service Application.
(g) The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(h) The notification may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation.
(i) In the event the breach is determined to be within the “Control of Client, as used herein refers to and means a determination by
UCS/TenantReports.com’s credit reporting vendors, technical software vendors or other companies or professionals proficient in data security (“Security Experts”) that the breach was a direct result of Client’s actions or inactions to utilize appropriate safeguards which would have prevented the breach;
(1) Client shall provide to each affected or potentially affected consumer, credit history monitoring services for a minimum of one year in which the consumer’s credit history is monitored and the consumer receives daily notification of the changes that may indicate fraud or ID theft from at least one of the national consumer credit reporting bureaus, and
(2) UCS/TenantReports.com may assess Client an expense recovery fee for additional charges and fees incurred as a result of the
12. If approved by UCS/TenantReports.com and UCS/TenantReports.com’s consumer reporting vendors, Client may deliver the consumer credit information to a third party, secondary user with which Client has an ongoing business relationship for the permissible use of such information.
UCS/TenantReports.com’s consumer reporting vendors may charge a fee for the subsequent delivery to secondary users.
13. Client agrees that UCS/TenantReports.com may verify, through audit or otherwise, that Client is in fact the end user of the credit information with no intention to resell or otherwise provide or transfer the credit information in whole or in part to any other person or entity.
14. Client agrees to notify UCS/TenantReports.com of any change or ownership or control prior to any such change. UCS/TenantReports.com may require the new ownership to re-apply for the services provided for herein and may require a new physical inspection in the event the office location is changed.
15. Client hereby authorizes UCS/TenantReports.com to provide information regarding Client to UCS/TenantReports.com’s Consumer reporting vendors. UCS/TenantReports.com agrees to notify Client if any consumer reporting vendors make an inquiry regarding Client.
16. Client agrees that UCS/TenantReports.com may monitor Client on an ongoing basis to determine Client’s compliance with Applicable Law and the provisions of this Agreement. In the event UCS/TenantReports.com determines that Client is not in compliance with Applicable Law or this Agreement, UCS/TenantReports.com may immediately discontinue services to the Client under this Agreement. Client shall remain responsible for the payment for any services provided to Client by UCS/TenantReports.com prior to any such discontinuance.
17. Client agrees that it is their sole responsibility to be familiar with all applicable laws and regulations regarding this Agreement. Client agrees to comply with all applicable laws and regulations, including but not limited to, the FCRA and the policies and procedures required by UCS/TenantReports.com’s consumer reporting vendors. UCS/TenantReports.com has provided the attached Appendices for general knowledge; however, Client agrees that it is their sole responsibility to be cognizant of any and all laws or regulations pertaining to this Agreement and it is the Clients sole responsibility to train their employees, agents and subcontractors accordingly.
18. OFAC Alert is a service that is based on data that was not collected, in whole or in part, for the purpose of serving as a factor in establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes; employment purposes; or any other purpose authorized under the FCRA. Accordingly, Client certifies it will not use any information provided through the OFAC Alert Service as part of its decision-making process for determining the consumer’s eligibility for any credit products or other products, benefits (including the opportunity to rent a dwelling or services applied for. Client acknowledges that such an indicator is merely a message that the consumer may be listed on one or more U.S. Government maintained lists of persons subject to economic sanctions, and Client further certifies that upon receipt of an OFAC Alert, it will contact the
appropriate government agency for confirmation and instructions. The OFAC Alert indicator may or may not apply to the consumer whose eligibility is being considered by Client.
19. Client acknowledges additional responsibility and guidelines regarding credit scores provided by UCS/TenantReports.com, attached to this Agreement as Appendix A and agrees to be compliant with the responsibility outlined in Appendix E.
20. UCS/TenantReports.com offers a program to facilitate the revision of data contained in consumer credit files, in an expedient manner, thereby adjusting scores of those consumers. If Client utilizes this service, known as “Rapid ReScore,” Client acknowledges adherence to additional responsibilities and guidelines.
21. Client agrees to fully support and implement policies that protect the confidential nature of information furnished by and through
UCS/TenantReports.com and insure respect for consumers’ rights to privacy. Client will subscribe to the Access Security Requirements furnished on Appendix C and will make all employees who access credit aware of these policies.
22. California Law Certification. Client will refer to Appendix E in making that certification and Client agrees to comply with all applicable provisions of the California Credit Reporting Agencies Act. To the extent any provisions of the California Civil Code applies to any report requested by Client, Client agrees that they will be responsible for full compliance with all requirements of the California Civil Code, and that UCS/TenantReports.com will have no such responsibility.
23. 15 U.S.C. §1681 et seq. of the FCRA also requires certain other responsibilities of users of consumer reports from consumer reporting agencies. Those responsibilities are attached (and made a part hereof) as Appendix B to this Agreement. Furthermore, Client acknowledges their responsibilities under the FCRA and agrees to comply with all requirements.
24. Vermont Certification. Client will refer to Appendix F in making that certification and Client agrees to comply with all applicable provisions under Vermont Law.
25. Client acknowledges that many services provided also contain information from the Death Master File as issued by the Social Security Administration (“DMF”); certify pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. §1110.102 that, consistent with its applicable FCRA or GLB use of information, the client’s use of deceased flags or other indicia within the information is restricted to legitimate fraud prevention or business purposes in compliance with applicable laws, rules regulations, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. §1110.102(a)(1); and certify that the client will not take any adverse action against any consumer without further investigation to verify the information from the deceased flags or other indicia within the information.
26. Client acknowledges that it does not engage in any of the business areas outlined in Appendix G to this Agreement.
27. Client agrees to fully support and implement policies that enables it compliance with UCS/TenantReports.com’s Internet Security Requirements as outlined in Appendix H to this Agreement
28. 15 U.S.C. §1681 ET SEQ. PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CREDIT REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN TWO YEARS, OR BOTH.
29. This Agreement sets forth the parties’ entire understanding with respect to the subject matter hereof and shall be governed by and construed under the laws of the Commonwealth of Pennsylvania.
DATED this day of , 20
AUTHORIZATION AND ACCEPTANCE UCS/TenantReports.com
CLIENT NAME BY (PRINT)
BY (PRINT) SIGNATURE
CREDIT RISK SCORE ADDENDUM TO USER SERVICE AGREEMENT
UCS/TenantReports.com warrants that it has an Agreement for service and an account in good standing with Client for a permissible purpose under the Fair Credit Reporting Act to obtain the information in a Fair Isaac Credit Repository Score(s) (FICO Classic, FICO, Beacon) and their reason codes generated by Experian, TransUnion, Equifax.
Client agrees to maintain internal procedures to minimize the risk of unauthorized disclosure and certifies that all scores and rea son codes whether oral or written shall be maintained in strict confidence and disclosed only to employees whose duties relate to the legitimate business purpose for which the report is requested and will not sell or otherwise distribute to third parties any information received hereunder, except as otherwise required by law.
Notwithstanding any contrary provision of this Agreement, Client may disclose the Scores provided to credit applicants, when accompanied by the corresponding reason codes, in the context of bona fide lending transactions and decisions only.
Unless explicitly authorized in this Agreement or in a separate Agreement between Client and UCS/TenantReports.com for scores obtained from credit repository, or as explicitly otherwise authorized in advance and in writing by credit repository through UCS/TenantReports.com, Client shall not disclose to consumers or any third party, any or all such scores provided under this Agreement, unless required by law.
Reason codes may be utilized to assist in preparing an adverse action (denial letter) to consumer. Client shall comply with all applicable law in using the Scores and reason codes. Client, its employees, agents or subcontractors may not use the trademarks, service marks, logos, names, or any other proprietary designations, whether registered or unregistered, of the credit repositories, Fair Isaac and Company, UCS/TenantReports.com, the affiliates of them or of any other party involved in the provisions of the Score without such entity’s prior written consent.
Client agrees, either directly or indirectly not in any matter whatsoever, to discover or reverse engineer any confidential and proprietary criteria developed or used by Credit Repository/Fair Isaac in performing the Credit Repository Score.
Warranty: Credit Repository/Fair Isaac warrants the Credit Repository Score Model is empirically derived and demonstrably and statistically sound and that to the extent the population to which the Credit Repository Score Model is applied is similar to the population sample on which the Credit Repository Score Model was developed. Credit Repository Score Model may be relied upon by UCS/TenantReports.com and/or Client to rank consumers in order of the risk of unsatisfactory payment such consumers might present to Broker. Credit Repository/Fair Isaac further warrants that so long as it provides the Credit Repository Score Model, it will comply with regulations promulgated from time to time pursuant to the Equal Credit Opportunity Act, 15 USC §1692 et seq.
THE FOREGOING WARRANTIES ARE THE ONLY WARRANTIES FICO HAS GIVEN UNIVERSAL CREDIT SERVICES AND/OR CLIENT WITH RESPECT TO THE FAIR ISAAC MODEL, AND SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, FICO MIGHT HAVE GIVEN UNIVERSAL CREDIT SERVICES AND/OR CLIENT WITH RESPECT THERETO, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY OR F1TENSS FOR A PARTICULAR PURPOSE.
UCS/TenantReports.com’s and Client’s rights under the foregoing warranty are expressly conditioned upon each respective applicant’s periodic revalidation of the Credit Repository Score Model in compliance with the requirements of regulation B as it may be amended from time to time (12 CFR 202 et seq.)
Client agrees to limit the aggregate liability of Experian/Fair 12 CFR of 202, et seq. Isaac to the lesser of the fees paid by the Client for Experian/Fair Isaac Model sold to Client during the six (6) month period immediately preceding Client’s claim and excluded any liability of Experian/Fair Isaac for incidental, indirect, special or consequential damages of any kind.
CLASSICSM CREDIT RISK SCORE SERVICES
(TransUnion’s Required Terms for Addendum to Subscriber Agreement for Consumer Reports between Reseller and its Customer)
1. Based on an agreement with TransUnion LLC (“TransUnion”) and Fair Isaac Corporation (“Fair Isaac”) (“Reseller Agreement”), Reseller has access to a unique and proprietary statistical credit scoring service jointly offered by TransUnion and Fair Isaac which evaluates certain information in the credit reports of individual consumers from TransUnion’s data base (“Classic”) and provides a score which rank orders consumers with respect to the relative likelihood that United States consumers will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring (the “Classic Score”).
2. Subscriber, from time to time, may desire to obtain Classic Scores from Trans Union via an on-line mode in connection with consumer credit reports.
3. Subscriber has previously represented and now, again represents that it is a tenant screening company and has a permissible purpose for obtaining consumer reports, as defined by Section 604 of the Federal Fair Credit Reporting Act (15 USC 1681b) including, without limitation, all amendments thereto (“FCRA”).
4. Subscriber certifies that it will request Classic Scores pursuant to procedures prescribed by Reseller from time to time only for the permissible purpose certified above, and will use the Classic Scores obtained for no other purpose.
5. Subscriber will maintain copies of all written authorizations for a minimum of three (3) years from the date of inquiry.
6. Subscriber agrees that it shall use each Classic Score only for a one-time use and only in accordance with its permissible purpose under the FCRA.
7. With just cause, such as delinquency or violation of the terms of this contract or a legal requirement, Reseller may, upon its election, discontinue serving the Subscriber and cancel this Agreement, in whole or in part (e.g., the services provided under this Addendum only) immediately.
8. Subscriber recognizes that factors other than the Classic Score may be considered in making a credit decision. Such other factors include, but are not limited to, the credit report, the individual account history, and economic factors.
9. Trans Union and Fair Isaac shall be deemed third party beneficiaries under this Addendum.
10. Up to five score reason codes, or if applicable, exclusion reasons, are provided to Subscriber with Classic Scores. These score reason codes are designed to indicate the reasons why the individual did not have a higher Classic Score, and may be disclosed to consumers as the reasons for taking adverse action, as required by the Equal Credit Opportunity Act (“ECOA”) and its implementing Regulation (“Reg. B”). However, the Classic Score itself is proprietary to Fair Isaac, and may not be used as the reason for adverse action under Reg. B and, accordingly, shall not be disclosed to credit applicants or any other third party, except: (1) to credit applicants in connection with approval/disapproval decisions in the context of bona fide credit extension transactions when accompanied with its corresponding score reason codes; or (2) as clearly required by law.
Subscriber will not publicly disseminate any results of the validations or other reports derived from the Classic Scores without Fair Isaac and Trans Union’s prior written consent
11. In the event Subscriber intends to provide Classic Scores to any agent, Subscriber may do so provided, however, that Subscriber first enters into a written agreement with such agent that is consistent with Subscriber’s obligations under this Agreement. Moreover, such agreement between Subscriber and such agent shall contain the following obligations and acknowledgments of the agent: (1) Such agent shall utilize the Classic Scores for the sole benefit of Subscriber and shall not utilize the Classic Scores for any other purpose including for such agent’s own purposes or benefit; (2) That the Classic Score is proprietary to Fair Isaac and, accordingly, shall not be disclosed to the credit applicant or any third party
without TransUnion and Fair Isaac’s prior written consent except (a) to credit applicants in connection with approval/disapproval decisions in the context of bona fide credit extension transactions when accompanied with its corresponding score reason codes; or (b) as clearly required by law;
(3) Such Agent shall not use the Classic Scores for model development, model validation, model benchmarking, reverse engineering, or model calibration; (4) Such agent shall not resell the Classic Scores; and (5) Such agent shall not use the Classic Scores to create or maintain a database for itself or otherwise.
12. Subscriber acknowledges that the Classic Scores provided under this Agreement which utilize an individual’s consumer credit information will result in an inquiry being added to the consumer’s credit file.
13. Subscriber shall be responsible for compliance with all applicable federal or state legislation, regulations and judicial actions, as now or as may become effective including, but not limited to, the FCRA, the ECOA, and Reg. B, to which it is subject.
14. The information including, without limitation, the consumer credit data, used in providing Classic Scores under this Agreement were obtained from sources considered to be reliable. However, due to the possibilities of errors inherent in the procurement and compilation of data involving a large number of individuals, neither the accuracy nor completeness of such information is guaranteed. Moreover, in no event shall TransUnion, Fair Isaac, nor their officers, employees, affiliated companies or bureaus, independent contractors or agents be liable to Subscriber for any claim, injury or damage suffered directly or indirectly by Subscriber as a result of the inaccuracy or incompleteness of such information used in providing Classic Scores under this Agreement and/or as a result of Subscriber’s use of Classic Scores and/or any other information or serviced provided under this Agreement.
15.1 Fair Isaac, the developer of Classic, warrants that the scoring algorithms as delivered to TransUnion and used in the computation of the Classic Score (“Models”) are empirically derived from TransUnion’s credit data and are a demonstrably and statistically sound method of rank-ordering candidate records with respect to the relative likelihood that consumers will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring when applied to the population for which they were developed, and that no scoring algorithm used by Classic uses a “prohibited basis” as that term is defined in the Equal Credit Opportunity Act (ECOA) and Regulation B promulgated there under. Classic provides a statistical evaluation of certain information in TransUnion’s files on a particular individual, and the Classic Score indicates the relative likelihood that the consumer will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring relative to other individuals in TransUnion’s database. The score may appear on a credit report for convenience only, but is not a part of the credit report nor does it add to the information in the report on which it is based.
15.2 THE WARRANTIES SET FORTH IN SECTION 15.1 ARE THE SOLEWARRANTIES MADE UNDER THIS ADDENDUM
CONCERNING THE CLASSIC SCORES AND ANY OTHER DOCUMENTATION OR OTHER DELIVERABLES AND SERVICES PROVIDED UNDER THIS AGREEMENT; AND NEITHER FAIR ISAAC NOR TRANSUNION MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS AND SERVICES TO BE PROVIDED UNDER THIS AGREEMENT OTHER THAN AS SET FORTH IN THIS ADDENDUM. THE WARRANTIES AND REMEDIES SET FORTH INSECTION 15.1 ARE IN LIEU OF ALL OTHERS, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT MIGHT BE IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE). THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
16. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDE