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Terms of Use AgreementThe Terms of Use have been revised December 21, 2007. Welcome to the Credit.com network of web sites (the “Web Site”) operated by Credit.com, Inc., a Delaware corporation (“Credit.com”). Please read the following terms and conditions carefully before using the Web Site. Here is what you will find in this agreement:
Acceptance of Terms Through UseCredit.com makes information, products, and services available on the Web Site, subject to the following terms and conditions of use (the "Terms of Use"). These Terms of Use also apply to any updates, enhancements, new features, and new web properties. By using this Web Site, you represent to Credit.com that you have read, understood, and agreed to all terms, conditions, and notices contained or referenced in these Terms of Use, and agree to follow all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE. When you submit a request or application for a product or service that is made available through Credit.com’s Web Site by a third-party Provider, Credit.com will share your information with the Provider as permitted by law and described in Credit.com’s Privacy Policy. Credit.com and the Provider to whom your request or application is forwarded may, as permitted by law, obtain consumer report and public records information to verify your identity and process your request or application. Privacy PolicyYour privacy is important to us. You can learn more about the information collected about you in our Privacy Policy, which is incorporated fully into these Terms of Use. ScopeThese Terms of Use apply to the Web Site, and are in addition to the specific terms and conditions associated with the products and services on this Web Site. If these Terms of Use are not consistent with the specific terms that apply to the information, products, or services offered on the Web Site, then the specific terms that apply to that information, those products, or those services will apply. Reservation of RightsAny rights not expressly granted in these Terms of Use are reserved by Credit.com, and Credit.com reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use. Severability and IntegrationUnless otherwise specified in these Terms of Use, this agreement constitutes the entire agreement between you and Credit.com with respect to the Web Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Credit.com with respect to the Web Site. If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Changes to Terms of UseCredit.com reserves the right to update or revise any part of these Terms of Use and the information, products, services, prices, and programs offered or mentioned on the Web Site at any time, without notice. Any changes will be effective immediately upon the posting of the updated Terms of Use on the Web Site. Changes to the Web SiteCredit.com may periodically make changes to the Web Site at any time, without notice. Credit.com and third party providers may make improvements and/or changes to the products and services described on the Web Site at any time, without notice. TerminationCredit.com reserves the right, in its sole discretion, to terminate your access to any part of the Web Site, with or without notice. Credit Report CardYou may obtain a Credit Report Card from Credit.com through the Web Site. The Credit Report Card is made available to you at no charge and you are not required to apply for any product or service offered through the Web Site in order to obtain the Credit Report Card. The Credit Report Card will briefly summarize the content of your consumer report and will explain the parameters (e.g., payment history, debt usage, credit age, account mix, and the number of inquiries) typically used to arrive at your credit score. In addition, the Credit Report Card will provide helpful information about how consumer behavior affects each of these parameters. When you request the Credit Report Card, you are initiating a business transaction with us that allows us to obtain your consumer report on your behalf for the purpose of providing you with the Credit Report Card. You understand and agree that we may do so. You may not request a Credit Report Card for anyone other than yourself. You understand that accessing or attempting to access another person’s consumer report without their express authorization is a violation of federal law and may violate the law of the state in which you reside. By requesting a Credit Report Card, you represent that you are requesting it on your own behalf and not for another. THE CREDIT REPORT CARD IS NOT INTENDED TO AND DOES NOT PROVIDE OR CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE. BECAUSE CREDIT.COM IS NOT A CONSUMER REPORTING AGENCY, IT IS NOT, AND CANNOT BE, RESPONSIBLE FOR EITHER THE CONTENT OF YOUR CONSUMER REPORT OR THE CREDIT SCORE RANGE DERIVED FROM SUCH REPORT. CREDIT.COM MAKES NO WARRANTY OR REPRESENTATION THAT THE CREDIT REPORT CARD CONTAINS ACCURATE OR COMPLETE INFORMATION. IN ORDER TO PROVIDE YOU WITH THE CREDIT REPORT CARD, CREDIT.COM MUST OBTAIN YOUR CONSUMER REPORT FROM A CONSUMER REPORTING AGENCY. YOU UNDERSTAND AND AGREE THAT CREDIT.COM IS NOT RESPONSIBLE FOR A DELAY IN DELIVERING THE CREDIT REPORT CARD OR AN INABILITY TO DELIVER THE CREDIT REPORT CARD THAT IS DUE TO A CONSUMER REPORTING AGENCY’S DELAY IN PROVIDING OR FAILURE TO PROVIDE YOUR CONSUMER REPORT. The Fair Credit Reporting Act allows you to obtain one free disclosure of all of the information in your consumer report file from each of the three nationwide consumer reporting companies (Equifax, Experian, and TransUnion) once every 12 months through a central source. To receive free copies of your credit report go to www.annualcreditreport.com. The Credit Report Card is not related to this free disclosure. Your Proper Usage of the Web SiteEveryone is welcome to visit and browse the Web Site. However, if you are applying for an extension of credit, you must be an adult resident of the United States of America, including its Commonwealths and Territories (collectively, the "USA"). By applying for an extension of credit, you warrant and represent to us and to the relevant Provider(s) that you are an adult resident of the USA. By using or visiting this Web Site, you agree that you will not insert false, fraudulent, indecent, or obscene information into applications or informational forms and that your usage will comply with all applicable state and federal laws. To ensure that Credit.com provides a high-quality experience for you and other users of the Web Site, you acknowledge and agree that Credit.com or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of this Web Site. Credit.com will not disclose such an investigation unless required to do so by law. Credit.com will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws. If you violate any provision of this section of the Terms of Use, Credit.com may terminate your access to the Web Site without notice, and you will have indemnity obligations to Credit.com and other third parties entitled to indemnification as a result of your violation of these Terms. Products / Third-Party Service ProvidersCredit.com provides you with access to third party providers (“Provider”) solely for your convenience. Some of these Provider sites may be co-branded (i.e., bear the name and/or logo of both the Provider and Credit.com). The provision of access to a Provider does not signify an endorsement by Credit.com of the Provider's web site or the services offered by that Provider. Credit.com has no control over, does not review, and cannot be responsible for Provider web sites or the content on those sites. Your use of a Provider web site, or services will be subject to the Provider's terms of use and Provider's privacy policy. If you decide to use the services of a Provider, or if you decide to purchase a product from a Provider, any transaction between you and that Provider (including any agreement governing such a transaction) will be strictly between you and the Provider. Credit.com has no control over the Provider's obligations to you, and makes no representations or warranties with respect to the Provider's performance. It is your responsibility to take precautions to ensure that Provider web sites are free of viruses or other items of a destructive nature. YOU AGREE THAT CREDIT.COM WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO WITH A PROVIDER. Our Rights to Communicate with YouWHEN YOU APPLY FOR A PRODUCT OR SERVICE THROUGH THE WEB SITE, YOU WILL BE ASKED TO PROVIDE YOUR TELEPHONE NUMBER AND ARE ESTABLISHING A BUSINESS RELATIONSHIP WITH CREDIT.COM. THIS INFORMATION MAY BE USED BY CREDIT.COM OR PROVIDED BY CREDIT.COM TO THIRD-PARTIES WHO MAY CONTACT YOU REGARDING YOUR APPLICATION OR REQUEST, THE STATUS OF YOUR APPLICATION, ALTERNATIVES AVAILABLE TO YOU IN THE EVENT YOUR APPLICATION IS REJECTED, AND OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH CREDIT.COM AND THE PROVIDERS. Authorized Use of Web Site InformationExcept as may be otherwise indicated on the Web Site, Credit.com hereby grants you a fully revocable, non-exclusive license to view and print documents or information on the Web Site, subject to the following terms and conditions: 1. The document or information may be used (by you or any third party to whom you distribute it) solely for informational, personal, and non commercial purposes 2. You may not charge any fee for distribution of any information to any third party. 3. The document or information may not be modified in any way. 4. All copyright or other proprietary notices that appear on the web page(s) from which you take the document or information, including from these Terms of Use, must appear on any copy of the document or portion that you make or distribute. 5. Credit.com reserves the right to revoke this license at any time. You agree that you and any person to whom you distribute the document or information will immediately discontinue any use of the document or information upon notice of revocation. The license does not include the layout or design of the Web Site. Elements of the Web Site are protected by copyright, trade dress, or other laws and may not be imitated or reproduced in whole or in part. The license does not include logos, graphics, sounds, or images on the Web Site, which may be reproduced or distributed on a case-by-case basis only with Credit.com’s express written permission. Personal and Non Commercial Use LimitationThis Web Site is made available only for your personal, non commercial use. Except as specified in the preceding section entitled Authorized Use of Web Site Information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or re-sell information, software, products, or services that you obtain from the Web Site, except with Credit.com’s express written permission. You may not use the Web Site to sell a product or service or to increase traffic to a web site for commercial reasons, except by prior written agreement with Credit.com. You may not take elements of the Web Site and reformat or display them, or mirror them on a web site, except with prior written agreement with Credit.com. If you want to make commercial use of the Web Site, you must enter into an agreement with Credit.com. Please contact us at marketing@Credit.com for more information. Disclaimer of WarrantiesTHE MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE, INCLUDING THE IMAGES, TEXT, DATABASES, SOFTWARE, CODE, SOUND, PHOTOS, CUSTOM GRAPHICS, BUTTON ICONS, THE COLLECTION, COMPILATION, ASSEMBLY, AND THE OVERALL LOOK AND DISTINCTIVENESS OF THE WEB SITE (ALL OF WHICH CONSTITUTES THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE." CREDIT.COM DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER CREDIT.COM NOR ITS LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, RELIABILITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEB SITE CONTENT. CREDIT.COM DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEB SITE ITSELF OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOUR USE OF THE WEB SITE IS SOLELY AT YOUR RISK. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You also may have other rights, which may vary from state to state and jurisdiction to jurisdiction. Further DisclaimerALTHOUGH CREDIT.COM STRIVES TO PROVIDE INFORMATION THAT CONSUMERS MAY FIND HELPFUL, THIS INFORMATION SHOULD NOT BE CONSIDERED CREDIT OR LEGAL ADVICE. YOU SHOULD NOT USE THE GENERAL INFORMATION PROVIDED ON THE WEB SITE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL. Limitation of LiabilityYOU UNDERSTAND AND AGREE THAT CREDIT.COM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE CREDIT.COM WEB SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW. Availability of Products and ServicesThe Web Site can be accessed from countries around the world and may contain references to Credit.com services, programs, and products that have not been announced or are not available where you are located or reside. These references do not imply that Credit.com currently offers or intends to offer such services, programs, or products in your state or country. Policy on Linking to the Credit.com Web SiteYou are granted a limited, non exclusive right, which we may revoke at any time, to create a hypertext link to the Credit.com Web Site found at www.credit.com. If you exercise this limited, non-exclusive right, however, you must agree to the following:
Furthermore, a site that links to the Credit.com Web Site:
Except as stated above, you are not granted the right or license, by implication, estoppel, or otherwise, in a patent, trademark, copyright, or proprietary right of Credit.com or any third party, to (I) the Content of the Web Site or (ii) any intellectual property or proprietary rights of Credit.com. Submissions, Feedback, and ConfidentialityAll comments, feedback, information, and materials submitted to Credit.com through the Web Site ("Submissions") will be considered the non-confidential property of Credit.com. By providing a Submission to Credit.com, you grant Credit.com, at no charge, a royalty free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and perform your Submission in any media; and (b) make, sell, offer for sale, import, and otherwise transfer your Submission. Credit.com will be free to use and/or disseminate a Submission on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Credit.com, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright. Claims of Copyright InfringementIf you believe that your work has been copied and is accessible on the Web Site in a way that constitutes copyright infringement, notify Credit.com in writing:
Credit.com, Inc. Any claim of copyright infringement should include sufficient information to enable us to evaluate your claim and to take appropriate action. Intellectual Property NoticesAll images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Web Site constitute trade dress and the property of Credit.com. The trade dress of Credit.com is protected by law and may not be copied or imitated in whole or in part. Logos, graphics, sounds, and images from the Web Site may NOT be copied or retransmitted unless expressly permitted by Credit.com. The Credit.com logo, Credit.com™, and other Credit.com products and services referenced in the Web Site are the common law and registered trademarks of Credit.com in the United States and in other countries. The absence on the Web Site of a Credit.com product or service name, slogan, or logo does not constitute a waiver of Credit.com's trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Web Site may be the trademarks and the property of their respective owners. You acknowledge and agree that the Content available on the Web Site is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Credit.com, either in these Terms of Use or otherwise, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. As noted in the section of these Terms of Use entitled Authorized Use of Web Site Information, you may print or download one copy of the Content on the Web Site on any single computer for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Web Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Credit.com is prohibited. In addition, use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Web Site is strictly prohibited without the express prior written permission of Credit.com. Permission will be granted only when certain limited criteria are met. For information on requesting such permission, please contact marketing@Credit.com. Governing Law and JurisdictionYou agree that all matters relating to your access to, or use of, the Web Site, and all matters relating to these Terms of Use (collectively, "Claims"), will be governed by the laws of the State of California, which will apply in all respects, including statutes of limitation. No choice of law rules of any jurisdiction will apply to nullify this choice of California law. All Claims, disputes, or controversies between you and Credit.com will be submitted to and determined exclusively by a court of competent subject matter jurisdiction in the City and County of San Francisco, California, and you agree and submit to the exclusive personal jurisdiction and venue of those courts with respect to such matters. Credit.com makes no representation that information or materials on the Web Site are appropriate or available for use in locations outside the United States. Accessing the Web Site or the Content from places where the Content is illegal is prohibited. Those who choose to access the Web Site from locations outside the United States are responsible for compliance with all applicable laws. GeneralCredit.com's failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of that right or provision. If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, you and Credit.com nevertheless agree that the court should endeavor to give effect to our mutual intentions as reflected in the provisions, and that the other provisions of the Terms of Use will remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any Claims and any cause of action related to use of the Web Site, the Content, or these Terms of Use must be filed within one (1) year after the Claims or cause of action arose or they will be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. |
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