Welcome to the Credit Care, LLC web site, which is located at www.creditcareonline.com (the “Web Site”). The following Terms of Service (“TOS”) contain the terms that govern your use of the Web Site and www.creditcareonline Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the Credit Care, LLC Service. Use of the Credit Care, LLC Web Site constitutes acceptance of these TOS. www.creditcareonline.com is a Trademark of Credit Care, LLC.
Credit Care, LLC reserves the right to add, delete and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the Credit Care, LLC Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the www.creditcareonline.com Service. Your continued use of the Credit Care, LLC Web Site following posting of a new TOS on the Credit Care, LLC Web Site will constitute binding acceptance of the changes.
1. The www.creditcareonline.com Service.
Credit Care, LLC provides a number of Internet based services through the Web Site (all such services, collectively, the “www.creditcareonline.com Service”). One such service enables users to sign up for credit counseling or other credit related services as advertised (collectively, “Service”). Credit Care, LLC users may sign up and purchase individual Services.
2.Use of the Web Site and www.creditcareonline.com Service.
2.1 Eligibility. Credit Care, LLC will only knowingly provide the www.creditcareonline.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the www.creditcareonline.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The www.creditcareonline.com Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law.
You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the www.creditcareonline.com Service and the Web Site.
2.3 Your License to Use the Web Site and the www.creditcareonline.com Service.
(a) Credit Care, LLC solely and exclusively owns all intellectual property and other rights, title, and interest in and to the www.creditcareonline.com Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, Credit Care, LLC owns the trademark www.creditcareonline.com(TM), the copyrights in and to the Web Site, and certain technology used in providing the www.creditcareonline.com Service. You will not acquire any right, title or interest therein under these TOS or otherwise.
(b) Credit Care, LLC grants you a limited revocable license to access and use the Web Site and the www.creditcareonline.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Credit Care, LLC; to compete sign up with Credit Care, LLC; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, Credit Care, LLC may revoke the license granted to you, AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.
(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 5.
2.4 Third-Party Services.
3.1 Prohibited Use. You may only use the www.creditcareonline.com Service as expressly permitted by Credit Care, LLC. You may not cause harm to the Web Site or the www.creditcareonline.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the www.creditcareonline.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, reverse engineer, decompile or disassemble any technology used to provide the www.creditcareonline.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the www.creditcareonline.com Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Credit Care, LLC’s name or trademarks; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the www.creditcareonline.com Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.
3.2 Prohibited Use Promise. By using the Credit Care, LLC Web Site, you are promising that you are not using the www.creditcareonline.com Service or the Web Site for any of the Prohibited Uses.
4.Reservation of Rights.
4.1 Monitoring. Credit Care, LLC reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the WebSite. If Credit Care, LLC determines, in its sole and absolute discretion, that you or another Credit Care, LLC user have breached or will breach a term of these TOS or that such transaction or communication is inappropriate, Credit Care, LLC may cancel such transaction or take any other action to restrict access to or the availability of any material that we may consider objectionable, without any liability to you or any third party.
4.2 Modification of the Service.
Credit Care, LLC may modify the www.creditcareonline.com Service at any time with or without notice to you, and will incur no liability for doing so.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant Credit Care, LLC permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Credit Care, LLC will have no obligation to keep any Submissions confidential. You will not bring a claim against Credit Care, LLC based on “moral rights” or the likes arising from Credit Care, LLC’s use of a Submission. This Section does not apply to your Content that will appear as part of your service that you use in connection with www.creditcareonline.com Service.
6.Representative and Warranties.
6.1 Mutual Representations and Warranties. You represent and warrant to Credit Care, LLC and Credit Care, LLC represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
6.2 By You. You represent and warrant to Credit Care, LLC that, your use of the www.creditcareonline.com Service and any sign up or order that you place with Credit Care, LLC: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Credit Care, LLC that: (i) there are no claims, no fraudulent information, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Credit Care, LLC will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Credit Care, LLC incurs in providing the www.creditcareonline.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
7a. Disclaimers and Exclusions.
7a.1 DISCLAIMER OF WARRANTIES. Credit Care, LLC PROVIDES THE WEB SITE AND www.creditcareonline.com SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. Credit Care, LLC DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, www.creditcareonline.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Credit Care, LLC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. FURTHERMORE, CREDIT CARE, LLC DOES NOT GUARANTEE INACCURATE OR SIMILAR ITEMS DISPUTED ON YOUR BEHALF TO CREDIT BUREAUS OR COLLECTION AGENCIES OR SIMILAR WILL BE REMOVED. NOR DOES CREDIT CARE, LLC CLAIM A HIGHER CREDIT SCORE TO CONSUMERS THAT SIGN UP FOR SERVICES.
7a.2 EXCLUSION OF DAMAGES.
Credit Care, LLC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE www.creditcareonline.com SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7b. Limitation of Liability.
7b.2 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF Credit Care, LLC EXCEED THE VALUE OF SERVICES RENDERED. THE VALUE OF SERVICES ARE LIMITED TO THE STATED VALUE ON THE Credit Care, LLC WEB SITE OR AS STATED BY AN AUTHORIZED Credit Care, LLC AGENT.
You agree to indemnify and hold Credit Care, LLC and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these TOS through any act or omission, including but not limited to any claim that your content infringes or violates the legal rights of any other party. If you have to indemnify Credit Care, LLC under this Section, Credit Care, LLC will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Credit Care, LLC’s express written permission.
9.1 Termination. Credit Care, LLC may suspend or terminate your use of the Web Site or www.creditcareonline.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
9.2 Survival. Notwithstanding Section 9.1 above, these TOS will survive indefinitely unless and until Credit Care, LLC chooses to terminate them.
9.3 Effect of Termination. If you or Credit Care, LLC terminates your use of the Web Site or the www.creditcareonline.com Service, Credit Care, LLC may delete any Content or other information relating to your use of the www.creditcareonline.com Service on Credit Care, LLC’s servers or otherwise in its possession and Credit Care, LLC will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Credit Care, LLC, you must use the following addresses: 1630 E Sahara Avenue, Suite #8, Las Vegas, NV 89119. If Credit Care, LLC provides notice to you, Credit Care, LLC will use the contact information provided by you to Credit Care, LLC. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, eleven (11) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the www.creditcareonline.com Service will be exclusively resolved under confidential binding arbitration held in Clark County, City of Las Vegas, Nevada before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Nevada law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought exclusively in a federal or state court located in Clark County, City of Las Vegas, Nevada. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Nevada State courts in Clark County, City of Las Vegas, Nevada. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the www.creditcareonline.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section 11, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Nevada without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Credit Care, LLC.
These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Credit Care, LLC are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.