Fifth Third Bank's Portal - Terms & Conditions

EXHIBIT D
Terms and Conditions

1. WRITTEN INSTRUCTIONS

A. FOR CREDIT EDUCATION SERVICES.

WHO MAY USE – (a) You agree that You will use Fifth Third Bank, N.A. Financial Empowerment Mobile Credit Service only for your own behalf. You will be responsible for all use of your membership number and must notify Fifth Third Bank, N.A. immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number.

(b) You understand that by enrolling in the Fifth Third Bank, N.A Financial Empowerment Mobile Credit Service, You are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for Fifth Third Bank, N.A. and its service providers, which may include CSIdentity Corporation (“CSID”), to obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You authorize Fifth Third Bank, N.A. 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.

2. 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 1-800-972-3030. IN THE UNLIKELY EVENT THAT CUSTOMER SERVICE IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE WITH FIFTH THIRD BANK, N.A. OR FIFTH THIRD BANK’SPROVIDER(S) TO YOUR SATISFACTION (OR IF Fifth Third Bank, N.A. AND/OR FIFTH THIRD 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 Fifth Third Bank, AND/OR FIFTH THIRD BANK’SSERVICE 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. 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 THIS AGREEMENT 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 FIFTH THIRD BANK AND/OR FIFTH THIRD BANK’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:
(B) ARBITRATION – You, on the one hand, and Fifth Third Bank, N.A. and/or Fifth Third 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 Fifth Third Bank, N.A or Fifth Third Bank’s service provider(s) as well as their respective corporate affiliates for claims arising out of this Agreement 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 Fair Credit Reporting Act (“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 this Agreement, You, Fifth Third Bank, N.A. and Fifth Third 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 Fifth Third Bank, N.A.AND/OR Fifth Third 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 Fifth Third Bank, N.A]* 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. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement 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. The terms of this Section [_] shall survive any termination, cancellation or expiration of this Agreement. *Following the Effective Date of this Agreement, Fifth Third Bank, N.A. agrees to use its commercially reasonable efforts to replace the bracketed phrase with the following language for new or modified Terms of Use: “Further, unless You, on one hand, and Fifth Third Bank, N.A. and/or Fifth Third Bank’s service provider(s), on the other,”

LIABILITY – NEITHER Fifth Third Bank, N.A., CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER Fifth Third Bank, N.A, 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 FIFTH THIRD BANK, N.A. FINANCIAL EMPOWERMENT MOBILECREDITSERVICE. NEITHER Fifth Third Bank, N.A., 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 FIFTH THIRD BANK, N.A. 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. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID Fifth Third Bank, N.A. FOR YOUR MEMBERSHIP. Fifth Third Bank, N.A. eBus Credit Service 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 THIS AGREEMENT.

FICO 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 Fifth Third Bank, N.A. eBus Credit Service 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.