Web Site Terms and Conditions of Use
Welcome to eCredable.com
eCredable, LLC., its Parents, Officers, Executives, Directors, and Board of Directors (“eCredable”) make this web site, its products and services (collectively, the "Site") available subject to the following terms and conditions (the "Agreement"). This Agreement is between you, the user of this Site, and eCredable. Please read this Agreement carefully before accessing or using this Site. By accessing or using this Site, or by establishing an account, you agree to be legally bound by this Agreement. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU MAY NOT ACCESS OR USE THE SERVICES WITHIN THIS SITE.
INTRODUCTION. eCredable is an online subscription-based service that provides Subscribers with methods and tools to record accounts and payment histories that may not otherwise be reported to credit bureaus. This service may be used to demonstrate creditworthiness under the provisions of Regulation B, Section 202.6(b)(6) of the Equal Credit Opportunity Act (ECOA).
UPDATES TO THIS AGREEMENT. eCredable reserves the right to modify this Agreement at any time. Any modifications will become effective immediately upon the posting to this Site. You agree that it is your responsibility to review the Agreement periodically to be aware of such modifications, as your continued access or use of this Site shall be deemed your conclusive acceptance of the modified Agreement.
YOUR USE OF THIS SITE IS A PRIVILEGE, NOT A RIGHT. Your use and your authorization to access and make use of this Site (and the materials and informational content available via this Site) is a privilege, not a right, and are subject to your compliance with this Agreement. You agree: (i) that you are fully responsible for your account and your activities while using this Site (including any data and other informational content and materials you access, submit, receive or transmit via this Site), and (ii) to comply with all applicable laws.
NO UNAUTHORIZED USE PERMITTED. You agree not to use this Site to engage in any prohibited conduct or for any unlawful purpose. Broadly stated, this includes any conduct that is unlawful, untruthful, tortuous or that is harmful to (or puts at risk) eCredable or any other party or property; that violates another party's privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property. For example, you agree to submit only true, valid and accurate information to this Site (including during any registration process). You also agree to promptly correct any errors in any information related to you
TERMINATION OF ACCESS. eCredable shall have the right to terminate this Site and to discontinue, suspend or modify this Site in whole or in part, with or without notice, at eCredable's sole discretion. This includes the right to terminate the access or account(s) of any user who violates this Agreement. You agree that eCredable shall not be liable for doing so. In addition, eCredable may, in its sole discretion, refuse to accept an application for an account and/or refuse or restrict its services to anyone at any time. eCredable reserves the right to investigate, involve and cooperate with appropriate authorities regarding any fraudulent or other illegal or unauthorized activities involving this Site, and to disclose any information necessary for such purpose.
OWNERSHIP AND TRADEMARKS. This Site, including all content, HTML or other code, pages, graphics, software and all other materials associated or within this Site (collectively, the "Content"), and the compilation of the Content and the "look and feel" of this Site are the property of eCredable and its licensors and service providers, and are protected by US and international copyright and intellectual property rights laws and treaties. No portion of the Content may be used or otherwise exploited for any purpose and in any form without the express written permission of eCredable and, as applicable, its licensors and service providers.
The eCredable name, logo, marks, products and service names are trademarks or registered trademarks of eCredable and are eCredable's exclusive property. These marks may not be used for any purpose without the express written permission of eCredable. Other trademarks used on this Site are the property of the respective owners. All rights not expressly granted are reserved.
DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE INCLUDING ALL INFORMATION, PRODUCTS OR SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND THE ENTIRE RISK OF USING THIS SITE IS WITH YOU. eCREDABLE EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (i) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; (ii) CONFORMANCE TO ANY DEMONSTRATION OR PROMISE BY eCREDABLE; (iii) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR (iv) THAT THIS SITE (IN WHOLE OR IN PART) OR ANY INFORMATIONAL CONTENT, OR ANY ACCESS OR USE THEREOF, WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE, OR THAT PROBLEMS WILL BE CORRECTED.
LIMITATIONS OF LIABILITY. THIS SITE IS PROVIDED WITHOUT LIABILITY OF ANY KIND ON THE PART OF eCREDABLE (OR ANY OF ITS PARENTS, OFFICERS, EXECUTIVES, DIRECTORS, BOARD OF DIRECTORS, LICENSORS OR PROVIDERS). IN NO EVENT SHALL eCREDABLE (OR ANY OF ITS PARENTS, OFFICERS, EXECUTIVES , DIRECTORS, BOARD OF DIRECTORS, LICENSORS OR PROVIDERS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THIS SITE (OR ANY PART THEREOF INCLUDING ANY ASSOCIATED SERVICES OR MATERIALS), (ii) ANY DELAY OR INABILITY TO USE THIS SITE (OR ANY PART THEREOF), (iii) THE INTERNET GENERALLY OR (iv) ON ANY OTHER BASIS (REGARDLESS OF WHETHER ANY OF THE FOREGOING IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY OF THE PRECEDING LIMITATIONS OF LIABILITY IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN eCREDABLE'S AGGREGATE LIABILITY SHALL BE LIMITED TO YOUR DIRECT DAMAGES INCURRED UP TO A MAXIMUM TOTAL OF US$200.
LINKS TO OTHER SITES. This Site contains links to third party web sites, resources and informational content ("linked sites"). These links are provided solely as a convenience to you and are not meant to constitute an endorsement by eCredable of the contents of such third-party materials. The linked sites are not under the control of eCredable and eCredable is not responsible for any of the materials available from any linked sites. eCredable disclaims all responsibility and liability with regard to your access to or use of such linked sites.
ADDITIONAL TERMS. Certain areas or aspects of this Site may be subject to additional rules, policies procedures, and/or terms (collectively, the "Additional Terms"). Your use of this Site is conditioned on your compliance with the Additional Terms. If and to the extent there is a conflict between this Agreement and such Additional Terms, the Additional Terms shall control with respect to their subject matter.
DISPUTE RESOLUTION. Except for the right of eCredable to seek injunctive relief or other equitable remedies and except for eCredable's right to bring suit to protect its confidential information and intellectual property rights, all claims, disputes and controversies and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement, or the breach thereof, or the Site, which have not been resolved by the parties thirty days after having been raised in writing by one party to the other, shall, upon the written demand by either party, be settled by binding arbitration pursuant to the Federal Arbitration Act and the rules then in effect of the American Arbitration Association under its commercial Arbitration Rules (unless you are an individual, in which case its consumer rules will apply) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Not withstanding any provisions in such rules to the contrary, the arbitrator(s) shall have no authority to add or detract from the agreements of the parties. You expressly agree that any claim, dispute and controversy shall be arbitrated on an individual basis and not aggregated with the claims of any third party; class action arbitration is expressly prohibited.