Terms & Conditions
Credit.news Terms of Service
LAST UPDAT: 7/3/12017
Credit.news’ privacy policy applies to your use of the Site, Services provided by us, your request that Credit.news contact you about financial services and credit related offers, and its terms are made part of these Terms of Service. To review Credit.news’ Privacy Policy, click here. By using the Site, engaging in the Service, requesting that Credit.news contact you about financial services and credit related offers, you acknowledge you have reviewed Credit.news’ Privacy Policy and agree to its terms.
BY USING THE SITE, ENGAGING IN THE SERVICE OR REQUESTING THAT CREDIT.NEWS CONTACT YOU ABOUT FINANCIAL SERVICES, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND CREDIT.NEWS 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 ARBITRABILITY OF ANY CLAIM PURSUANT TO THE TERMS OF SERVICE. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH CREDIT.NEWS. 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.NEWS IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST CREDIT.NEWS IN ANY JURISDICTION IN THE UNITED STATES. CREDIT.NEWS 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 New Jersey as provided in Section 34 below.
User Content
If you post User Content, you represent and warrant to us that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you represent and warrant that you have the right to allow us to make your User Content available for others to view and use as part of the Service without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, subject to these Terms of Service and our Privacy Policy, you do grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. Subject to these Terms of Service and our Privacy Policy, you also grant each user of the Service a non-exclusive royalty-free, sublicensable and transferable license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Service and under these Terms of Service.
Subject to our Privacy Policy, you understand that once you post User Content, your content may become public. If you don’t want the whole world to see some or all of your Content, don’t post it on the Service.
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.news, its users or the public as required or permitted by law.
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.
Proprietary Rights
Credit.news 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.news or our suppliers and our or their proprietary products and services are the trademarks or service marks of Credit.news or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Credit.news 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.
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.
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, subject to our Privacy Policy. We will make these offers available to you at your convenience and there will be no obligation to accept any offer.
When you apply for a product or service through the Service, you are establishing a business relationship with Credit.news and, in some cases, with companies that also provide products or services through us. If you submit a request or application for a product or service that is made available through the Service by a Network Subscriber, Credit.news may share your personal information with Network Subscriber(s) with your permission or as permitted by law and described in Credit.news’ Privacy Policy. This information may be used by Credit.news or provided by Credit.news to third parties that may contact you, with respect to (A) your application or request, (B) the status of your application, (C) alternatives available to you in the event your application is rejected, (D) other products or services offered by or through Credit.news and its Network Subscribers or (E) as relevant and as permitted by law, obtaining consumer report and public records information to verify your identity and process your request or application.
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.
Credit.news may provide you with access to Network Subscribers solely for your convenience. Some of these Network Subscriber sites may be co-branded (i.e., bear the name and/or logo of both the Network Subscriber and Credit.news) or private labeled (i.e., bear the Credit.news name, but be fulfilled by a Network Subscriber). The provision of access to a Network Subscriber does not signify an endorsement by Credit.news of the Network Subscriber’s website or the services offered by that Network Subscriber. Credit.news has no control over, does not review, and cannot be responsible for Network Subscriber websites or the content on those sites. Your use of a Network Subscriber website, or services will be subject to the Network Subscriber’s terms of use and Network Subscriber’s privacy policy. If you decide to use the services of a Network Subscriber, or if you decide to purchase a product from a Network Subscriber, any transaction between you and that Network Subscriber (including any agreement governing such a transaction) will be strictly between you and the Network Subscriber. Credit.news has no control over the Network Subscriber’s obligations to you, and makes no representations or warranties with respect to the Network Subscriber’s products, services or performance. It is your responsibility to take precautions to ensure that Network Subscriber websites are free of viruses or other items of a destructive nature. YOUR USE OF ANY THIRD PARTY SITE, EVEN IF ACCESSED THROUGH CREDIT.NEWS, WILL BE GOVERNED SOLELY BY THE TERMS OF USE AND PRIVACY POLICY OF THAT THIRD PARTY SITE. YOU AGREE THAT CREDIT.NEWS WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO WITH A NETWORK SUBSCRIBER, ANY INFORMATION YOU PROVIDE TO A NETWORK SUBSCRIBER, A NETWORK SUBSCRIBER’S COMPLIANCE WITH LAW, OR A NETWORK SUBSCRIBER’S MISUSE OF YOUR INFORMATION.
Warranty Disclaimer
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. CREDIT.NEWS 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.NEWS 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.NEWS 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.NEWS 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.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, CREDIT.NEWS 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.NEWS’ 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.NEWS 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.news 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.
21. Miscellaneous
Credit.news reserves the right to investigate complaints or reported violations of the Website Terms and to take any action Credit.news 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.news 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.news 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.news contact you about its credit repair services, and/or your participation in Credit.news’ 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 NEW JERSEY, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW.
Credit.news 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.news. No delay or omission on the part of Credit.news 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.news, except as you and Credit.news 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.