Credit.com Terms of Service
The Terms of Service were last revised in May 2016.
1. Acceptance of Terms
Welcome! Credit.com, Inc. ("Credit.com" or "us" or "we" or "our") provides its services (described below) to you through the website located at www.credit.com and its related sub-domains (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). Through the Service, we provide credit-related information, products, services and other features.
BY USING THE SITE, ENGAGING IN THE SERVICE, REQUESTING WE CONTACT YOU ABOUT FINANCIAL SERVICES AND CREDIT RELATED OFFERS, AND/OR PARTICIPATING IN ANY OF OUR RELATED TEXT MESSAGE PROGRAMS, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF SERVICE.
BY USING THE SITE, ENGAGING IN THE SERVICE, REQUESTING THAT CREDIT.COM CONTACT YOU ABOUT FINANCIAL SERVICES AND CREDIT RELATED OFFERS, AND/OR PARTICIPATE IN CREDIT.COM'S TEXT MESSAGE PROGRAM, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND CREDIT.COM ON AN INDIVIDUAL BASIS ONLY AND NOT AS PART OF ANY CLASS. A "CLAIM" IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND CREDIT.COM, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE TERMS OF SERVICE OR THE ARBITRATBILITY OF ANY CLAIM PURUSANT TO THE TERMS OF SERVICE. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH CREDIT.COM. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST CREDIT.COM IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST CREDIT.COM IN ANY JURISDICTION IN THE UNITED STATES. CREDIT.COM WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided however, that the terms of these Terms of Service shall control over any inconsistency between the Rules of the American Arbitration Association and the Terms of Service). The arbitrator shall have authority to interpret the Terms of Service, including but not limited to the authority to decide whether any claim is arbitrable under the Terms of Service and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator's jurisdiction, and the enforceability of the Terms of Service. You agree that the Terms of Service involve commerce under 9 U.S.C., Section 1 et. seq., and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Terms of Service are governed by the state of California as provided in Section 34 below.
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. We will change the last revised date above when we make any changes and post a new version of these Terms of Service on our Site. It is your responsibility to review these Terms of Service from time to time for any changes as it creates a binding legal agreement between you and Credit.com.
2. Permission to Use the Service
You have our permission to use the Service, but only if:
- you are over 18 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 the third-party subscribers to the Credit.com network ("Network Subscribers"), you must be an adult resident of the United States, including its Commonwealths and Territories. 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 US.
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 potential 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 should not use someone else's account. 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.
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 the 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 the Service, or harm or corrupt our or anyone else's computer systems, or data;
- use the 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 the Service;
- submit User Content which disparages us or our partners, vendor or affiliates; or
- solicit, for commercial purposes, any users of the 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 or through any social media outlet (collectively, "Credit.com Forums"):
- Any User Content you provide to the Credit.com Forums must be relevant to the 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 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 THE 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 the 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 the Service more than twice.
13. Notify Us of Infringers
If you believe that something on the 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 the Service that you think is infringing your work and include sufficient information about where the material is located on the Service (including which website) 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 the 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:
160 Spear Street, Suite 1020
San Francisco, CA 94105
Phone: (415) 901-1550
Fax: (415) 901-1568
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, and includes other related features, including an Action Plan that will recommend certain actions for you to take to help you manage your credit. The Credit Report Card also includes any future enhancements we may make to that service (whether or not then called the "Credit Report Card"). In addition, the Credit Report Card may provide helpful information about how consumer behavior affects each of these parameters.
To the extent the Credit Report Card includes an Action Plan, or any recommendations or predictions related thereto, they are provided merely as simulated estimates for educational purposes, in an attempt to help you to determine how future financial decisions (e.g., reducing debt or obtaining a new credit card) might affect your credit score. While we endeavor to demonstrate how changing one or more variables might impact your credit score, in reality, your actual credit score is determined by factoring in multiple variables simultaneously and may be affected by such factors and other events (including, without limitation, the recalibration of scoring systems by the entities that create or use the scoring systems, data discrepancies or changes that may occur to the data used to determine your actual credit score, circumstances beyond your control) in an unpredictable way. The credit score you receive may differ from the scores used by creditors when you apply for credit, as creditors also create and use their own credit scores.
THE CREDIT REPORT CARD AND ANY OTHER CREDIT ESTIMATES, OR RECOMMENDATIONS OR PREDICTIONS PROVIDED BY THE SERVICE, ARE NOT INTENDED TO AND DO NOT PROVIDE OR CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE. BECAUSE CREDIT.COM IS NOT A CONSUMER REPORTING AGENCY OR FINANCIAL ADVISOR, IT IS NOT, AND CANNOT BE, RESPONSIBLE FOR EITHER THE CONTENT OF YOUR CREDIT REPORT CARD, ITS ACCURACY, OR THE CREDIT SCORE RANGE DERIVED FROM SUCH REPORT, OR ITS APPLICABILITY TO YOUR CIRCUMSTANCES.
CREDIT.COM MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE CREDIT REPORT CARD OR ANY OTHER CREDIT ESTIMATE CONTAINS ACCURATE OR COMPLETE INFORMATION, OR THAT ANY RELATED RECOMMENDATIONS WILL RAISE OR OTHERWISE IMPACT YOUR CREDIT SCORE, ESTABLISH OR REBUILD GOOD CREDIT, OR IMPROVE YOUR CREDIT RECORD, CREDIT HISTORY OR CREDIT RATING. 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, ANY OTHER CREDIT ESTIMATE OR ANY PART OF THE SERVICE OR AN INABILITY TO DELIVER THE CREDIT REPORT CARD, ANY OTHER CREDIT ESTIMATE OR ANY PART OF THE SERVICE 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.
15. Credit Report Card Consent
You should also consider the availability of information, tools, and resources that may be available to you without charge or for a nominal fee in the event that you suspect that your identity has been stolen or compromised, or may be subject to possible theft or misuse. You can learn more regarding the availability of such resources by visiting the website maintained by the Federal Trade Commission at http://www.ftc.gov.
16. Our Rights to Communicate and Use Information
17. How to Communicate with Us
Notices about copyright infringement should go to our copyright enforcement department as provided in Section 13. For any questions exclusively about your Credit.com Credit Detect service, agents are available 24 hours a day, seven days a week at 1-855-387-4541, but are only able to assist you with Credit.com Credit Detect-specific questions. For any other communications with us (e.g., to terminate the Credit Report Card, feedback, comments, or requests for technical support), you should contact us through our customer service department at support.credit.com.
18. Storage and Availability
We are not a content-archiving service. We do not promise to store or make available on the 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 or Identity Risk Score, which we may cease providing at any time. You are solely responsible for keeping back-ups of everything you post on the 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.
19. Sale of Products
The Service may also include the offer for sale of certain products (whether software, services, or other merchandise) (each, a "Product") for an amount in addition to that paid for use of the Service. 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 the 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. Purchase of such Products is optional and voluntary, and you must affirmatively request or consent to purchase any such Product.
20. Links to Other Sites
21. 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 website 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 nor imply that Credit.com sponsors, endorses, or is affiliated with any website, 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 website 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.
22. 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 (A) THE SERVICE OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) 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 EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
23. 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 (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (D) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (E) 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 THE GREATER OF (A) $100 OR (B) THE AGGREGATE FEES YOU HAVE PAID TO CREDIT.COM FOR SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
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.
25. 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 17 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.
26. 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.
27. Apple-Enabled Software Applications
Credit.com may offer software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Credit.com and you acknowledge that these Terms of Service are concluded between Credit.com and you only, and not with Apple, and that as between Credit.com and Apple, Credit.com, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Credit.com's sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Credit.com and you acknowledge that Credit.com, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Credit.com and Apple, Credit.com, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software,
they should be directed to Credit.com as follows: Online Support
160 Spear Street, Suite 1020
San Francisco, CA 94105
28. Right to Dispute
If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting the consumer reporting agency that supplied the information, as indicated in your credit report. You do not have to purchase your credit report or other information to dispute inaccurate or incomplete information in your credit report.
Credit.com is not responsible for the accuracy or contents of your credit file, including, but not limited to, information delivered in the credit report and/or score products.
29. FCRA Disclosures
The federal Fair Credit Reporting Act ("FCRA") allows you to obtain from each consumer reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file maintained by a consumer reporting agency must be obtained directly from such consumer reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a consumer reporting agency as required by FCRA or similar laws.
Under FCRA, you are entitled to receive an annual free disclosure of your credit report from each of the national consumer reporting agencies. To request your free annual report under FCRA, you must go to www.annualcreditreport.com. You can also request this free annual disclosure by calling toll-free (877) 322-8228 or by using the mail request form available at the website set forth above. The Credit Report Card is not related to this free disclosure, and none of our products are intended to substitute for any free credit report or disclosure that any consumer reporting agency is required by law to provide to you.
You are entitled to receive a free copy of your credit report from a consumer reporting agency if:
- You have been denied or were otherwise notified of adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- Your application for rental housing has been denied or you were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such consumer reporting agency contains inaccurate information due to fraud.
30. Not a Credit Repair Organization or Contract
Credit.com is not a credit repair organization or similarly regulated organization under other applicable laws, and is not offering to provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. Credit.com does not claim it is able to "clean up" or "improve" your credit record, credit history, or credit rating. You acknowledge and agree that you are not seeking to use or access the Service in order to do so.
Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant consumer reporting agency and follow the appropriate procedures for notifying the consumer reporting agency that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various consumer reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of Credit.com Credit Detect, but is provided free of charge to all consumers, regardless of whether you have subscribed to Credit.com Credit Detect.
31. Enrollment in Credit Monitoring Programs
There are different processing times across the various consumer reporting companies. Therefore, you may not be enrolled in all of their credit monitoring programs at the same time. Monitoring takes approximately 4 days to begin. Credit.com does not control and is not responsible for the enrollment process.
When you order a single bureau credit monitoring product from Credit.com, Credit.com requests that TransUnion enroll you in its credit monitoring program. When you order a credit monitoring product from Credit.com that monitors credit files at three credit bureaus, Credit.com requests that Experian, Equifax and TransUnion enroll you in each of their respective credit monitoring programs.
Your order of any single bureau credit monitoring product is conditioned upon successful enrollment by TransUnion in its credit monitoring program. If TransUnion is unable to enroll you in its credit monitoring program, your order will be cancelled, you will receive a refund of the amount you have paid for the product, and you will not receive alerts or monitoring of changes to your TransUnion credit file.
Your order of any credit monitoring product that monitors credit files at three credit bureaus is conditioned upon successful enrollment by all three credit bureaus in their respective credit monitoring programs. If any credit bureau is unable to enroll you in its credit monitoring program, your order will be cancelled, you will receive a refund of the amount you have paid for the product, and you will not receive alerts or monitoring of changes to any of your credit files.
32. International Use
Because you can access this Site and use the Services internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the US or the country of your residence.
33. 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.
Credit.com reserves the right to investigate complaints or reported violations of the Website Terms and to take any action Credit.com deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. Credit.com reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular Internet address to any Credit.com website. These incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website, your request that Credit.com contact you about its credit repair services, and/or your participation in Credit.com's Text Message Program. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.
THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. The Arbitration Clause, the obligations in Sections 1 through 16, 20 through 29 and 32 through 34 shall survive termination of the Website Terms.
Credit.com shall not be deemed to have waived any rights or remedies in the Website Terms unless such waiver is in writing and signed by Credit.com. No delay or omission on the part of Credit.com in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
The Website Terms constitutes the entire agreement and understanding between you and Credit.com, except as you and Credit.com may later agree in writing to modify the Website Terms. The Website Terms supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter contained herein.
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.