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FICO® Scoring Certifications

The terms set forth hereunder are only applicable to Clients with the subscribed products and or services as agreed to in the SOA. 

Agility Credit and Client hereby understands and agrees to the following terms and conditions regarding the use of Consumer Reports and reason codes obtained through Agility Credit and the Credit Bureaus:

  1. Client may disclose the Consumer Reports provided to Client to credit applicants, when accompanied by the corresponding reason codes, in the context of bona fide lending transactions and decisions only.

  2. Client agrees to comply with all applicable law and regulations with respect to use of the Consumer Reports and reason codes purchased from Agility Credit and certifies that it has permissible purpose under the FCRA to obtain said Consumer Reports. Client agrees to limit its use of the Consumer Reports and reason codes to its own business and will not sell, transfer, license or distribute Consumer Reports or reason codes to third parties. Client agrees to maintain security procedures to minimize the risk of disclosure of Consumer Reports to employees without a legitimate need to know.

  3. Client will not permit its employees, agents or subcontractors to use any of the trademarks, service marks, logos, names, or any other proprietary designations, whether registered or unregistered, of Equifax Information Services LLC, Transunion, Experian Information Solutions, Inc., Fair Isaac and Company, or the Affiliates of either of them, or of any other party involved in the provision of the Credit Bureau/Fair Isaac Model, without such entity’s prior written consent.

  4. Client will not permit its employees, agents or subcontractors to, in any manner, directly or indirectly, discover or reverse engineer (or attempt to discover or reverse engineer) any confidential and proprietary criteria developed or used by Credit Bureau/Fair Isaac in performing the Credit Bureau/Fair Isaac Model.

  5.  End user will indemnify, defend, and hold each of Agility Credit, Experian, and Fair, Isaac harmless from and against any and all liabilities, damages, losses, claims, costs, and expenses (including attorneys’ fees) arising out of or resulting from any nonperformance by Client of any obligations to be performed by Cleint under this Agreement, provided that Experian/Fair, Isaac have given Client prompt notice of, and the opportunity and the authority (but not the duty) to defend or settle any such claim. 

  6.  NOT WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL AGILITY CREDIT, EXPERIAN OR FAIR, ISAAC HAVE ANY OBLIGATION OR LIABILITY TO END USER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY END USER, REGARDLESS OF HOW SUCH DAMAGES ARISE AND OF WHETHER OR NOT END USER WAS ADVISED SUCH DAMAGES MIGHT ARISE.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AGILITY CREDIT, EXPERIAN OR FAIR, ISAAC TO CLIENT EXCEED THE FEES PAID BY CLIENT PURSUANT TO THIS AGREEMENT DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF CLIENT’S CLAIM. 

The Credit Bureau/Fair Isaac has warranted to Agility Credit that the Credit Bureau/Fair, Isaac Model is empirically derived and demonstrably and statistically sound and that to the extent the population to which the Credit Bureau/Fair Isaac Model is applied is similar to the population sample on which the Credit Bureau/Fair Isaac Model was developed. The Credit Bureau/Fair Isaac Model score may be relied upon by Client to rank consumers in the order of the risk of unsatisfactory payment such consumers might present to Client. Credit Bureau/Fair Isaac has further warranted to Agility Credit that so long as it provides the Credit Bureau/Fair Isaac Model, it will comply with regulations promulgated from time to time pursuant to the Equal Credit Opportunity Act, 15 USC Section 1691 et seq. The foregoing warranties are the only warranties Credit Bureau/Fair Isaac have given Agility Credit with respect to the Credit Bureau/Fair Isaac model and such warranties are in lieu of all other warranties, express or implied, Credit Bureau/Fair Isaac might have given Agility Credit with respect thereto, including, for example, warranties of merchantability and fitness for a particular purpose. Agility Credit and each respective Client’s rights under the warranty are expressly conditioned upon each respective Client’s periodic revalidation of the Credit Bureau/Fair Isaac Model in compliance with the requirements of Regulation B as it may be amended from time to time (12 CFR Section 202 et seq.).