This eCredable Membership Terms and Conditions Agreement (“Agreement”) is between eCredable, LLC. (“eCredable”) and the individual who has, by selecting “I Agree,” indicated that he or she has carefully read and accepts this Agreement. This Agreement describes the terms under which you may use this website (“Website”) and access the eCredable products (“Products”) by becoming an eCredable Member. By checking the “I Agree” box below, you agree to comply with and be bound by all the terms of this Agreement.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON AT LEAST EIGHTEEN (18) YEARS OF AGE, THAT YOU ARE A UNITED STATES CITIZEN, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT.
Becoming an eCredable Member.
To become an eCredable Member and to receive Products, you must first join eCredable. You may register at the eCredable Website by fully and accurately completing the “Registration Form” located on this Website, and by providing eCredable with fully accurate personal information as eCredable may reasonably require, including without limitation your name, address, telephone number, email address, date of birth, and other personal information to verify your identity, as well as financial information such as your credit or debit card number, bill payment accounts and payment histories (collectively, “Personal Information”), or this information may have been provided by an eCredable affiliate; you agree to keep all Personal Information updated and correct. Upon your registration and acceptance of this Agreement, you will become eligible to receive the level of Product(s) you have selected.
You agree that, if payment is required, you will timely pay eCredable beforehand for Products, as required, on a monthly, semi-annual or annual basis (as determined by you when you register) and you authorize eCredable to charge your credit or debit card should you choose that method of payment. You are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of Products unless noted otherwise.
- Account and Payment History Verification.
If you create an eCredable profile with account payment information and choose to print your eCredable file or share it electronically with others, your accounts and payment history may need to be verified by an independent third party. All Verifications are conducted confidentially by FCRA-certified members of the NCRA (National Credit Reporting Association). Our Verification partners are prohibited from using your personally identifiable information for any other purpose including their own marketing. Ordering Verifications will require specific fees, unless otherwise indicated at the time of ordering.
- Term and Cancellation Policy.
The term of this Agreement will continue until terminated, cancelled or not renewed by you or eCredable. eCredable may terminate this Agreement at any time upon notice to you with or without cause. If eCredable terminates this Agreement with cause for fraud, there shall be no refund of payment. If eCredable terminates this Agreement without cause, eCredable will promptly refund to you a prorata portion of any membership fees you may have already paid that have yet to be provided. Verification orders will not be refunded under any circumstance. Products provided by eCredable free of charge have no cash or refund value. You may terminate this Agreement at any time upon notice to eCredable with or without cause. If this Agreement has not been terminated, it shall automatically continue indefinitely, and you shall pay any required corresponding fees as published by eCredable from time to time.
If you cancel a free Basic membership, your membership is discontinued immediately.
If you cancel a paid membership, your membership remains active for the remainder of the time period for which you paid, but your membership will no longer auto-renew at the end of that time period.
- If you purchase a monthly membership on September 1st and then cancel your membership on September 15th, you can still use the products of the site until the end of September.
- If you purchase a six-month membership on November 14th, you are charged again on May 14th and then again on November 14th, and so on, until you decide to cancel.
When your credit card has been charged, your order is non-refundable, and your membership automatically renews until you decide to terminate this Agreement.
If your credit card becomes invalid for any reason, we will notify you via email. From that point, you have 28 days to resolve the problem with your credit card before we try to charge your card again. If we still receive an error when trying to process your card, then we'll cancel your eCredable membership and send you an email letting you know.
Please note: Deleting your entire account does not cancel your membership. If you need to cancel your membership, please follow the cancellation instructions.
eCredable’s Privacy Notice is located on the eCredable Website and is incorporated by reference into this Agreement. You can review eCredable’s Privacy Notice at any time by visiting www.ecredable.com, and by clicking here. By accepting the terms of this Agreement, you waive annual receipt of eCredable’s Privacy Notice.
IN NO EVENT SHALL eCREDABLE, ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, LICENSEES, AND EMPLOYEES BE LIABLE TO YOU, ANY PARTY YOU REGISTER FOR PRODUCTS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF eCREDABLE UNDER THIS AGREEMENT OR REGARDING PRODUCTS EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE TOTAL AMOUNT YOU HAVE PAID TO eCREDABLE FOR PRODUCTS.
You agree that any dispute, controversy or claim arising out of, or relating to, this Agreement or the Products shall be settled by confidential arbitration in Fulton County, Georgia in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and that arbitrator may grant injunctions or other relief in such dispute or controversy. The parties will mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA will select the arbitrator from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any State or Federal court. Although the cost of the arbitrator will be borne by eCredable, all other expenses of arbitration will be paid by the party who incurred them. These expenses are not part of the Product Guarantee. You further agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
- Jurisdiction and Venue.
Subject to Section 7, any action related to this Agreement shall be governed by the substantive laws of the State of Georgia, without regard to conflicts of laws principles. The State and Federal courts located in Fulton County, Georgia, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of eCredable. Any purported assignment without such permission shall be void. Any waiver of any rights of eCredable under this Agreement must be in writing, signed by eCredable, and any such waiver shall not operate as a waiver of any future breach of this Agreement. You also agree to receive all required “written” notifications via electronic format, to include such items which may be presented to you from time to time by eCredable or others associated with this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Products and the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You will indemnify and hold eCredable, its officers, directors, agents, subsidiaries, joint ventures, licensees, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or regulation, or the rights of any third party.