1. Acceptance of Terms
Welcome! Credit.com, Inc. ("Credit.com" or "us" or "we") welcomes you to the web site located at www.credit.com and its related sub-domains. We provide credit-related information, products, services and other features through these web sites and any other medium or device now known or hereafter developed (which, along with the web sites, are referred to as the "Service").
If you don't agree to these Terms of Service, don't use the Service. We can change these Terms of Service at any time without any notice to you; however we will change the last revised date above when we make any changes. It is your responsibility to review these Terms of Service from time to time for any changes as it creates binding legal agreement between you and Credit.com. Again, if you do not agree, don't use the Service.
2. Permission to Use the Service
You have our permission to use the Service, but only if:
- you are over 13 years old;
- you are using the Service for your own personal use and not for commercial purposes;
- you do not copy the Service or any part of the Service;
- you do not modify the Service or any part of the Service;
- you follow all the rules and restrictions in these Terms of Service.
If you are applying through the Service for an extension of credit with one of Credit.com's Network Subscribers (as defined below), you must be an adult resident of the United States, its Commonwealths or its Territories (collectively, the "USA"). By applying for an extension of credit, you warrant and represent to Credit.com and to the relevant Network Subscriber(s) that you are an adult resident of the USA.
To ensure that Credit.com provides a high-quality experience for you and other users of the Service, 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 the Service. Credit.com is not required to 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.
3. Accounts; Passwords; Security
You may need to set up an account in order to use some of the features of the Service. You may not use someone else's account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else's name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. If you wish to change your contact details or other account information, you may do so on your account settings page, or by contacting us as described in Section 18 below.
4. Personal Use Only
We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose.
5. User Content
You are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Service. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.
6. Restrictions on User Content and Your Conduct
You may not:
- use our Service for any illegal purpose;
- submit User Content that you don't have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trademark, trade secret, privacy, publicity, or any other proprietary right;
- forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
- submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
- submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- impersonate anyone else or lie about your affiliation with another person or entity;
- use meta tags or any other "hidden text" utilizing any of our or our suppliers'product names or trademarks;
- upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else's computer systems, or data;
- use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
- collect or gather other people's personal information (including account information) from our Service;
- submit User Content which disparages us or our partners, vendor or affiliates; or
- solicit, for commercial purposes, any users of our Service.
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
7. Guidelines on Credit.com Forums
You agree to the following terms regarding participation in any Credit.com online forums, including posting any comments on Credit.com blog posts (collectively, "Credit.com Forums"):
- Any User Content you provide to the Credit.com Forums must be relevant to forum topic.
- Do not respond to any questions on the Credit.com Forums that have previously been answered on the Credit.com Forum.
- Any subject line you provide should accurately reflect the subject of the thread.
- All User Content must be provided in the relevant forum sections or blog post.
- Include as much information as possible when posting on any Credit.com Forums.
- Any moderating of the Credit.com Forums and/or any actions taken with respect to forum or blog content are at the sole discretion of Credit.com.
8. Intellectual Property Rights in User Content
9. User Content You Share Becomes Public
In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, rule, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Credit.com, its users or the public as required or permitted by law.
10. We Are Not Responsible for User Content
We generally do not review any of the User Content posted by our users. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in user submissions. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by User Content that you see on the Service. You may find some of it to be inaccurate, offensive, indecent, or objectionable. YOU USE ALL USER CONTENT ENTIRELY AT YOUR OWN RISK. YOU AGREE NOT TO HOLD US RESPONSIBLE IN ANY WAY FOR YOUR USE OF OUR SERVICE, INCLUDING YOUR EXPOSURE TO USER CONTENT.
11. Proprietary Rights
Credit.com and its suppliers retain all right, title and interest (including all trademark, copyright, trade secret, patent and other rights) in and to the Service and Content which is included in the Service (other than User Content). If you give feedback on the Service, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the code embodied in, or otherwise applicable to, the Service to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Service.
All brand, product and service names used in the Service which identify Credit.com or our suppliers and our or their proprietary products and services are the trademarks or service marks of Credit.com or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Credit.com or such supplier with respect to any such image, logo or name.
You agree not to disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service.
12. Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use our Service to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from our Service more than twice.
13. Notify Us of Infringers
If you believe that something on our Service violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
- provide your physical or electronic signature;
- identify the copyrighted work that you believe is being infringed;
- identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which web site) so that we can find it;
- provide us with a way to contact you, such as your address, telephone number, or e-mail;
- provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
- provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
201 Mission Street, Suite 1550
San Francisco, CA 94105
Again, we cannot take action unless you give us all the required information.
14. Credit Report Card
You may obtain a Credit Report Card from Credit.com through the Service. 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 Service 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. The Credit Report Card also includes any future enhancements we may make to that service (whether or not then called the ???Credit Card Report???). In addition, the Credit Report Card may provide helpful information about how consumer behavior affects each of these parameters.
THE CREDIT REPORT CARD AND ANY OTHER CREDIT ESTIMATES ARE NOT INTENDED TO AND DO 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, ITS ACCURACY, OR THE CREDIT SCORE RANGE DERIVED FROM SUCH REPORT.
CREDIT.COM MAKES NO WARRANTY OR REPRESENTATION THAT THE CREDIT REPORT CARD OR ANY OTHER CREDIT ESTIMATE CONTAINS ACCURATE OR COMPLETE INFORMATION. FURTHER, THE CREDIT REPORT CARD IS NOT INTENDED TO REPRESENT ALL INFORMATION IN YOUR CREDIT FILE. TO GET YOUR COMPLETE CREDIT FILE, CLICK ON THE LINK TO A FULL REPORT WITHIN THE CREDIT REPORT CARD (A FEE MAY APPLY).
IN ORDER TO PROVIDE YOU WITH THE CREDIT REPORT CARD OR ANY OTHER CREDIT ESTIMATE, 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 ANY OTHER CREDIT ESTIMATE OR AN INABILITY TO DELIVER THE CREDIT REPORT CARD OR ANY OTHER CREDIT ESTIMATE THAT IS DUE TO A CONSUMER REPORTING AGENCY'S DELAY IN PROVIDING OR FAILURE TO PROVIDE YOUR CONSUMER REPORT.
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 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 agencies (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.
15. Credit Report Card Consent
We may retain information that you provide during your use of our Service. We may, from time to time, use information which you provide to us to match you with offers for products and services made available through various providers. We will make these offers available to you at your convenience and there will be no obligation to accept any offer.
16. Identity Risk Score
You may obtain an Identity Risk Score from Credit.com through the Service. You may not request an Identity Risk Score for anyone other than yourself. By requesting an Identity Risk Score, you represent that you are requesting it on your own behalf and not for another person.
IN ORDER TO PROVIDE YOU WITH THE IDENTITY RISK SCORE, CREDIT.COM MUST DISCLOSE YOUR IDENTIFYING INFORMATION TO ITS SERVICE PROVIDER WHO USES THAT INFORMATION TO CALCULATE THE IDENTITY RISK SCORE. YOU UNDERSTAND AND AGREE THAT THE INFORMATION MAY BE INCLUDED IN THE SERVICE PROVIDER'S DATABASE FOR USE IN PREVENTING FRAUD, IDENTITY THEFT AND RELATED ACTIVITIES AND FOR SERVICES RELATED TO INSTITUTIONAL RISK CONTROL.
YOU FURTHER UNDERSTAND AND AGREE THAT CREDIT.COM IS NOT RESPONSIBLE FOR A DELAY OR INABILITY TO DELIVER THE IDENTITY RISK SCORE CREDIT THAT IS DUE TO A SERVICE PROVIDER'S DELAY IN PROVIDING OR FAILURE TO PROVIDE THE IDENTITY RISK SCORE.
THE IDENTITY RISK SCORE IS NOT INTENDED TO AND DOES NOT PROVIDE OR CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE. CREDIT.COM MAKES NO WARRANTY OR REPRESENTATION THAT THE IDENTITY RISK SCORE CONTAINS ACCURATE OR COMPLETE INFORMATION.
17. Our Rights to Communicate and Use Information
We may retain information that you provide, and we obtain, during your use of the Service. We may, from time to time, use this information to match you with offers for products and services made available through various Network Subscribers. We will make these offers available to you at your convenience and there will be no obligation to accept any offer.
18. How to Communicate with Us
Only notices about copyright infringement should go to our copyright enforcement department. If you have anything else to communicate with us (like feedback, comments, requests for technical support), you should contact us through our customer service department at https://zendesk.credit.com/home.
19. Storage and Availability
We are not a content-archiving service. We do not promise to store or make available on our Service any User Content that you submit, or any other Content, for any length of time. This includes information previously provided to you in the Credit Report Card and Identity Risk Score, which we may cease providing at any time. You are solely responsible for keeping back-ups of everything you post on our Service.
You acknowledge that temporary interruptions in the availability of the Service may occur from time to time as normal events. Also, we may decide to cease making available the Service or any portion of the Service at any time and for any reason. Under no circumstances will Credit.com or its suppliers be held liable for any damages due to such interruptions or lack of availability.
20. Sale of Products
Our Service may also include the offer for sale of certain products (whether software, services, or other merchandise) (each, a "Product"). Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products unless we are the vendor, in which case the terms of purchase we have posted for that Product shall apply.
21. Links to Other Sites
22. Policy on Linking to the Credit.com Service
You are granted a limited, non-exclusive right, which we may revoke at any time, to create a hypertext link to the web site found at www.credit.com. If you exercise this limited, non-exclusive right, however, you must agree to the following:
- You will not portray Credit.com, its affiliates or Network Subscribers or their respective products and services in a false, misleading, offensive, derogatory, or otherwise defamatory manner.
- You will not misrepresent your relationship with Credit.com or imply that Credit.com sponsors, endorses, or is affiliated with any web site, products or services.
- You will not replicate, modify, or alter the appearance or content of the Service.
- You will not use, frame, or utilize framing techniques to enclose any Credit.com trademark, logo, or other proprietary information, the images found in the Service, the content of any text, or the layout and design of any page or form contained on a page on the Credit.com web site without the express prior written consent of Credit.com.
Furthermore, a site that links to the Service:
- Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
- Must not contain materials that would violate any laws.
If you exercise this limited, non-exclusive right to create a hypertext link to the Service, you agree that the link must be removed at any time, immediately upon Credit.com's request.
23. Warranty Disclaimer
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. CREDIT.COM AND ITS AFFILIATES, SUPPLIERS, , NETWORK SUBSCRIBERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CREDIT.COM AND ITS AFFILIATES, SUPPLIERS, NETWORK SUBSCRIBERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT CREDIT.COM WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND CREDIT.COM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
ALTHOUGH 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 BY THE SERVICE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
24. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, CREDIT.COM AND ITS AFFILIATES, SUPPLIERS, NETWORK SUBSCRIBERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY PRODUCT, SERVICE OR CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE OUR SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CREDIT.COM'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, NETWORK SUBSCRIBERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
You agree to indemnify, defend (if we so request) and hold harmless Credit.com and its affiliates, Network Subscribers, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content, your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Service.
26. Termination and Suspension
We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to the Service or for Products (if applicable).
You may terminate your use of the Service by closing your Credit.com account and/or ceasing to access the Service. If you need help closing your account, please contact us as described in Section 18 above.
Upon any termination we may delete your account, data, passwords and User Content and we may bar you from further use of the Service. You understand that we may also continue to make your User Content available on the Service even if your use of the Service is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.
27. Export Control
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Service, in violation of any applicable laws, rules or regulations, including, without limitation, United States export laws and regulations.
28. Additional Terms
Portions of the Service may be accompanied by additional terms which apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.
29. General Terms
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.