Eligibility
You must be a U.S. resident, including any of the U.S. Territories to enroll for and use FMS CreditPro. You must have sufficient credit history in Your credit file with Experian to generate a Vantage Credit Score and to provide credit report information. If Experian cannot match You with a credit report or is otherwise unable to obtain Your VantageScore Credit Score, You will not be able to use FMS CreditPro until such time as You have built a sufficient credit history. We reserve the right to refuse access to FMS CreditPro at any time.
Registration and Accurate Information
If You choose to access FMS CreditPro, You will be required to provide personal information to register and enroll. You agree to provide accurate information in Your registration and not share Your FMS Bank online banking password with third parties. You agree not to impersonate another person or to select or use a username or password of another person. You agree to notify FMS Bank and Experian promptly of any unauthorized use of FMS CreditPro and of any loss, theft, or disclosure of Your online banking password. Failure to comply with these requirements will constitute a breach of these terms and conditions and shall constitute grounds for termination of Your FMS CreditPro access.
Your Authorization to FMS Bank to Obtain Your Credit Information
By clicking the “submit” button during enrollment, You are providing written instructions under the Fair Credit Reporting Act and other applicable laws, including applicable state laws, for Experian, including the Experian Credit Bureau, or any other consumer reporting agency, to release Your credit report
information, for example a VantageScore Credit Score, employment, or income information about You, to FMS Bank, upon FMS Bank’s request at any time so long as You are enrolled in the FMS CreditPro service. FMS Bank will utilize this information to provide You with the FMS CreditPro service, to market other products and service to You from time to time and facilitate applications for products and services.
FMS CreditPro Services
FMS Bank will be offering FMS CreditPro to its online and mobile banking customers free of charge. Customers will receive free access to their credit report, credit score, credit alerts, credit score simulator, and debt analysis. A description of FMS CreditPro’s services is set forth below.
VantageScore Credit Score
The credit score provided is Your VantageScore Credit Score, which is a model created by the three major credit bureaus: Equifax, Experian, and TransUnion. VantageScore Credit Score predicts credit risk. VantageScore measures the probability a person will pay his or her debts on time. The scores provided by FMS CreditPro are for educational and informational purposes only. You can view Your VantageScore Credit Score and FMS CreditPro as frequently as You would like without impact to Your credit score. FMS CreditPro will only evaluate the account information that appears on Your Experian consumer credit report. Accounts not reported or subsequently deleted from Your Experian credit report will not be reflected in Your score. FMS CreditPro does not maintain Your credit report information and cannot make any changes to it. FMS Bank is not responsible for inaccurate results, including any due to incorrect, incomplete, or outdated information in Your credit report.
Alerts
Credit Monitoring tracks the health of Your credit to help determine a potential identify theft and alerts You when new personal information or new credit activity occurs on Your Experian credit report. Credit alerts include new inquiries, address changes, new derogatory information, new
public record, new accounts opened in Your name, etc.com.
Score Simulation
FMS CreditPro contains features that estimate how changes in Your credit behavior may impact Your credit score. These features show how these changes may impact the credit score displayed on FMS CreditPro, which is the VantageScore Credit Score. Simulated scores and score changes
simulated by FMS CreditPro are only predicted estimates. FMS CreditPro does not guarantee Your actual credit score will change by the same amount, in the same way, or at all.
Debt Analysis
Debt Analysis automatically captures and synchronizes the debt record listed in the applicable credit report. Your debttoincome (DTI) refers to the total amount of debt payments You owe every month divided by Your gross monthly income. This ratio includes all Your total monthly recurring debt and is utilized to determine what additional debt capacity You may have available.
Communications
You agree to receive these terms and conditions and all other communications regarding FMS CreditPro in electronic format. You agree that by using FMS CreditPro, all notices, alerts, or other communications which We may be required to give You arising from Our obligations under FMS CreditPro may be sent to Your email address. By enrolling in FMS CreditPro, You are consenting to receive these communications. We will honor any opt requests You have made for communications from FMS Bank.
Marketing Our Products and Services
You agree that by enrolling and using FMS CreditPro, You permit FMS Bank to periodically obtain Your credit report to market Our products and services to You.
New Features
We may, from time to time, introduce new features to FMS CreditPro or modify and/or delete existing features at Our sole discretion. We shall notify You of any of these changes to feature 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.
Cancellation
You may terminate Your service with FMS CreditPro at any time by unenrolling in the product on FMS Bank’s online banking site or FMS Bank mobile application. You can do this by navigating to the Alerts portion of the FMS CreditPro service, scroll to the bottom of the page, and click “Unenroll in FMS CreditPro account.” Your cancellation will be effective immediately. When You cancel, it does not affect the validity of actions taken by Us prior to Your cancellation or while the cancellation is being processed. We may cancel FMS CreditPro or change these terms and conditions at any time in Our discretion.
Arbitration
You agree that You are subject to the Arbitration provisions as set forth in FMS Bank’s Account Agreements and Disclosures.
Limitation of Liability
Except as set forth herein or where applicable law requires a different standard, neither FMS Bank, its partners or affiliates, nor Experian shall be responsible for any loss, damages, or injury or for any direct, indirect, special, incidental, exemplary, or consequential damages, including lost profits, arising from or related to the system, equipment, browser and/or the installation or maintenance thereof, access to Our use of FMS CreditPro, failure or electronic or mechanical equipment, the internet, the system ,or communication lines, telephone or other interconnect problems, bugs, errors, configuration problems or delays with intermediate computer or communications network or facilities, problems with data transmission facilities or any other problems You experience. Except as otherwise expressly provided in any applicable agreement, You understand and agree that Your use of FMS CreditPro is at Your sole risk and that FMS CreditPro and all information, products, and other content included in or accessible from the service, are provided on an “as is,” “whereis,” and “where available,” basis, and are subject to change at any time without notice to You.
No Warranty
You acknowledge that FMS Bank, its partners, and Experian make no warranty that FMS CreditPro will be uninterrupted, timely, secure, or error free unless otherwise stated. To the fullest extent permitted by law, FMS Bank, its partners, and Experian disclaims all representations, warranties, and conditions of any kind as to FMS CreditPro and all information, products, and other content included or accessible from the service. No license is implied to You from these disclaimers.
Other FMS Bank Agreements
In addition to these terms and conditions, You agree to be bound by and comply with such other written requirements as We may furnish to You in connection with either FMS CreditPro or products which may be offered to You with Your FMS CreditPro service, including but not limited to the FMS Bank Account Agreements and Disclosures, the FMS Bank Online and Mobile Application Agreements and Disclosures, or any agreement which applies to FMS Bank accounts You may have, and with all applicable state and federal laws and regulations. In the event of a conflict between these terms and agreements and any other FMS Bank terms and agreements, the Account Agreements and Disclosures will control.
Termination
We may terminate, suspend, or limit Your access to FMS CreditPro, in whole or in part, at any time for any reason without prior notice. The obligation and liabilities of the parties incurred prior to the termination date shall survive the termination of these terms and conditions for all purposes. We may determine other eligibility criteria in Our sole discretion.
Indemnity
You acknowledge and agree that You are responsible for Your conduct while using FMS CreditPro 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 that We may occur in connection with a third party claim or otherwise, in relation to Your use of FMS CreditPro or the use of FMS CreditPro by anyone utilizing Your account number, PIN, user ID, password, whether authorized or unauthorized, or Your violation of these terms and conditions or the right of any third party. Your obligations under this paragraph shall survive termination of these terms and conditions.
Choice of Law
These terms and conditions and their enforcement shall be governed by the laws of the State of Colorado, without regard to any choice of law provision, and shall inure to the benefit of Our successors and assigns, whether by merger, consolidation, or otherwise. You irrevocably submit to the jurisdiction and venue of the State of Colorado courts in the county of Morgan.
Account Information
Any FMS Bank account information provided to You as part of FMS CreditPro is not the official record of Your FMS Bank account or its activity. Your account statement, furnished to You by Us for accounts will remain the official record. FMS CreditPro information is updated regularly, but it is subject to adjustment and correction and therefore should not be relied upon by You for taking, or forbearing to take, any action.