Credit Close-Up Service Addendum to the Wells Fargo Online Access Agreement

Wells Fargo · Official agreement

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Wells Fargo Credit Close-Up® Service Addendum to the Wells Fargo Online Access Agreement

Effective as of 11/16/2021

This Addendum ("Addendum") and the Wells Fargo Online Access Agreement ("OAA") contain the terms and conditions governing your use of the Credit Close-Up® service. If we make changes to this Addendum, we will update the Addendum on the website. We will notify you of changes following the procedures specified in the OAA. If there is a conflict between this Addendum and the OAA, this Addendum will control with regard to the Credit Close-Up® service.

Please read this Addendum carefully. By agreeing to this Addendum, or by accessing or using the Credit Close-Up® service, you are agreeing to the terms and conditions of this Addendum and the OAA. This Addendum and the OAA include, among other things:

  • your consent to Wells Fargo accessing and using your consumer report
  • your consent to Wells Fargo sharing information in your consumer report with its affiliates, such as Wells Fargo Advisors
  • our obligations to you
  • your obligations as a user of the Credit Close-Up® service
  • your agreement to use binding arbitration, and to waive the right to a trial by jury, for most disputes with Experian, CSIdentity, and us arising under this Addendum or relating to the Credit Close-Up® service
  • your waiver of class-action rights
  • limitations on liability to you

Your agreement to this Addendum is essential to our agreement to provide the Credit Close-Up® service to you. If this Addendum is unacceptable to you at any time, you should terminate your enrollment in the Credit Close-Up® service.

1. Definitions

Except as otherwise provided in this Addendum, terms defined in the OAA have the same meaning in this Addendum. In addition, in this Addendum:

2. Eligibility

To enroll in the Credit Close-Up® service, you must be a Wells Fargo account holder enrolled in Wells Fargo Online®, a resident of the United States (or a United States territory), and at least 18 years old. FICO® Scores will be delivered only to the Wells Fargo account holder and only if a FICO® Score is available for the Wells Fargo account holder. In some circumstances, such as if your account is closed, charged-off, or recently-opened, or if we are unable to verify your identity, you may not be eligible to receive a FICO® Score through the Credit Close-Up® service.

3. Authorization to obtain consumer report and credit score

By enrolling in the Credit Close-Up® service and agreeing to this Addendum, you are providing Wells Fargo and its service providers, including CSIdentity, with "written instructions" in accordance with the federal Fair Credit Reporting Act and any other applicable laws to access and use consumer report information about you from one or more consumer reporting agencies. You authorize us to access and use this information, including your FICO® Score, to present you with an overview of your credit profile, to present you with credit and financial guidance, to offer products and services that may be of interest to you, for internal analytics, and for other purposes related to your relationship with us. In connection with the Credit Close-Up® service, we may use your Social Security number and other personal information to access your consumer report and to verify your identity.

Obtaining your FICO® Score through the Credit Close-Up® service results in a soft credit inquiry on your credit report. This soft credit inquiry does not affect your FICO® Score.

4. Consent to sharing of consumer report and credit score information

By enrolling in the Credit Close-Up® service and agreeing to this Addendum, you consent to us sharing the consumer report information that we obtain about you in connection with the Credit Close-Up® service, including your FICO® Score, with our affiliates, including Wells Fargo Advisors. As outlined in our Privacy Policy, you may limit our sharing of some information about you with our affiliates. Please note, however, that limiting our sharing of information about you with our affiliates consistent with our Privacy Policy will not terminate your enrollment in the Credit Close-Up® service or revoke your consent to share the consumer report information we obtain about you in connection with the Credit Close-Up® service with our affiliates. You must terminate your enrollment in the Credit Close-Up® service if you want us to stop obtaining new consumer report information about you in connection with the Credit Close-Up® service.

5. FICO® Credit Score

The FICO® Score presented to you through the Credit Close-Up® service is for your educational, non-commercial, and personal benefit and use only. The FICO® Score presented to you may not be the credit score we use to make account opening or credit decisions, and we may use other FICO® Scores and other information to review an application for a credit or deposit account.

Your FICO® Score reflects a general snapshot of your credit profile at a specific point in time, and it can vary from month to month. The credit file used to create your FICO® Score is updated continuously, and the FICO® Score presented to you through the Credit Close-Up® service may not reflect the most current data in your credit file.

6. Arbitration agreement and class-action waiver

Please read this section carefully as it affects your rights.

The Credit Close-Up® service is part of Wells Fargo Online® and subject to the OAA, and with regard to Wells Fargo, the OAA governs the arbitration of any disputes relating in any way to this Addendum or the Credit Close-Up® service.

By enrolling in the Credit Close-Up® service and agreeing to this Addendum, and pursuant to the Federal Arbitration Act, you also agree that any dispute between you and Experian or its service provider, CSIdentity, relating in any way to the Credit Close-Up® service or this Addendum will, at your election or at the election of Experian or CSIdentity, be resolved through binding arbitration and not through litigation in any court of general jurisdiction. (Experian and CSIdentity will not seek to arbitrate any claim filed by you in small claims court so long as the claim is asserted only on an individual basis and pending only in small claims court.) Binding arbitration of any dispute between you and Experian or CSIdentity relating in any way to the Credit Close-Up® service or this Addendum will be administered by the American Arbitration Association ("AAA") under its rules for consumer arbitrations, and you may contact the AAA to initiate arbitration or to obtain more information about arbitration.

You agree that this agreement to arbitrate disputes between you and Experian or CSIdentity should be construed broadly, and you agree that any dispute between you and Experian or CSIdentity regarding the arbitrability of any claim relating in any way to the Credit Close-Up® service or this Addendum will also be decided through binding arbitration. You agree that this agreement to arbitrate disputes between you and Experian or CSIdentity encompasses, not only claims by you against Experian and CSIdentity, but also claims by you against Experian's or CSIdentity's affiliates and service-providers relating in any way to the Credit Close-Up® service or this Addendum. Any disputes or claims against Experian or CSIdentity relating to your credit report or arising out of the federal Fair Credit Reporting Act (or its state law equivalents) are not, however, subject to this arbitration agreement.

At your request, Experian or CSIdentity will promptly reimburse you for your payment of any arbitration filing fee. If you are unable to pay an arbitration filing fee, Experian or CSIdentity will pay the fee directly after receiving a written request from you. Experian or CSIdentity will pay all arbitration costs associated with the arbitration of any nonfrivolous dispute between you and Experian or CSIdentity relating in any way to the Credit Close-Up® service or this Addendum. Moreover, you, Experian, and CSIdentity will be entitled to recover attorneys’ fees from each other in arbitration to the same extent you, Experian, and CSIdentity would be able to recover attorneys’ fees in court.

Arbitration of any dispute between you and Experian or CSIdentity relating in any way to the Credit Close-Up® service or this Addendum will be governed by the Federal Arbitration Act. The arbitrator of any such dispute will apply all applicable laws, including statutes of limitations, and privileges to the arbitration, but the arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to discovery or evidence. Subject to the limitations on arbitration set forth below, the arbitrator may award any relief available in court, and judgment may be entered on any such arbitration award in any court with appropriate jurisdiction.

You agree that, by enrolling in the Credit Close-Up® service, and agreeing to this addendum, you, Experian, and CSIdentity are each waiving the right to resolve any dispute relating in any way to the Credit Close-Up® service or this addendum through a jury trial. You also agree that you, Experian, and CSIdentity may assert claims relating in any way to the Credit Close-Up® service or this addendum on an individual basis only, and you waive any ability you may have to assert claims relating in any way to the Credit Close-Up® service or to this addendum as a plaintiff or class member in any purported class or other representative proceeding.

You agree that, if you, Experian, or CSIdentity elect to resolve a dispute relating in any way to the Credit Close-Up® service or this Addendum through binding arbitration, the dispute will be arbitrated on an individual basis only. Disputes between you, Experian, or CSIdentity relating in any way to the Credit Close-Up® service or this Addendum will not have representative capacity on behalf of the general public or other persons similarly-situated. The arbitrator’s authority is limited to disputes between you, Experian, and CSIdentity alone. Claims may not be consolidated or joined in arbitration unless, you, Experian, and CSIdentity agree otherwise in writing, and an arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking it and only to the extent necessary to provide relief warranted by the party’s individual claim. An arbitration award and any judgment confirming it will apply only to that specific case and cannot be used in any other case except to enforce an arbitration award. If any portion of the foregoing limitations on arbitration is invalid or unenforceable, then this agreement to arbitrate disputes between you, Experian, and CSIdentity relating to the Credit Close-Up® service or this Addendum (other than this sentence) will be null and void.

This section of this Addendum will survive termination of your enrollment in the Credit Close-Up® service. Except as provided above in relation to limitations on arbitration, a finding that any provision of this section of this Addendum is invalid or unenforceable will not affect the validity or enforceability of any other provision of this section of this Addendum.

7. Limitation of liability

By enrolling in the Credit Close-Up® service and agreeing to this Addendum, you agree that Wells Fargo, Experian, and CSIdentity, are not liable to you for any damages, injuries, or losses arising from or relating to the Credit Close-Up® service. You further agree that your use of the Credit Close-Up® service is at your sole risk and that the Credit Close-Up® service, including all content and information available through the Credit Close-Up® service, is provided to you on an "as is" basis and subject to change at any time without notice to you.

8. No warranties

Wells Fargo, Experian, and CSIdentity are not responsible for any delay or failure to obtain a FICO® Score for you, and you acknowledge that Wells Fargo, Experian, and CSIdentity make no warranty that the Credit Close-Up® service will be uninterrupted, secure, or error-free. Wells Fargo, Experian, and CSIdentity expressly disclaim all warranties, representations, and conditions of any kind relating in any way to the Credit Close-Up® service or to any content or information available through the Credit Close-Up® service.

9. Indemnification

By enrolling in the Credit Close-Up® service and agreeing to this Addendum, you agree to defend, hold harmless, and indemnify, Wells Fargo, Experian, and CSIdentity from and against all claims, damages, expenses, liabilities, and losses (including attorneys' fees) arising out of, relating to, or resulting from your violation of this Addendum or your misuse of the Credit Close-Up® service.

10. New features

We may, from time to time, introduce new features to the Credit Close-Up® service. Similarly, we may modify or discontinue existing features. By accessing or using any new or modified features, you agree to be bound by the terms and conditions governing those features.

11. Termination of enrollment

You may terminate your enrollment in the Credit Close-Up® service at any time by selecting the unenroll link within the Credit Close-Up® service. You agree that you will unenroll from the Credit Close-Up® service if you want us to stop obtaining new consumer report information about you in connection with the Credit Close-Up® service or if you no longer want to receive communications about the Credit Close-Up® service.

We may restrict, suspend, or terminate your enrollment in the Credit Close-Up® service at any time and for any reason without prior notice.

12. Wells Fargo account information

Any Wells Fargo account information provided to you through the Credit Close-Up® service is not the official record of your account or its activity. Your Wells Fargo account statements, furnished to you in a paper format (or electronically if you are enrolled in paperless statements service), are the official record of your account and your account activity.

13. Credit repair disclaimer

Neither Wells Fargo nor Fair Isaac Corporation are credit repair organizations as defined under federal or state law, including the Credit Repair Organizations Act. Neither Wells Fargo nor Fair Isaac Corporation provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit history, credit rating, or credit record.

14. Trademark information

FICO® is a registered trademark of Fair Isaac Corporation in the United States and other countries.

© 2022 Wells Fargo Bank, N.A. Some content provided by FICO®, which is © 2022 Fair Isaac Corporation.

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