TERMS OF SERVICE

 

NOTICE: PURSUANT TO SECTION 18 BELOW, THE APPLICABLE LEGAL TERMS OF SERVICE FOR THE CREDIT OVERSIGHT SERVICE AS LOCATED AT THE CREDIT OVERSIGHT WEB SITE AT HTTP://WWW.CREDITOVERSIGHT.COM/TERMS/HTML.

 

1.  Scope of Services.

By using and/or visiting this website or mobile applications that link to or reference these Terms of Service (collectively, including all content and functionality available through the http://www.creditoversight.com and related domain names and any mobile applications, the “Credit Oversight Services”), you (”you” or “User”) signify your agreement to (i) these Terms of Service (this “User Agreement”); and, (ii) Credit Oversight’s (”Credit Oversight”) privacy notice, located at http://www.creditoversight.com/privacy.html and which is incorporated herein by reference (the “Credit Oversight Privacy Notice”).  If you do not agree to any of these terms or the Credit Oversight Privacy Notice, please do not use the Credit Oversight Services.  Although Credit Oversight may attempt to notify you when major changes are made to this User Agreement, you should periodically review the most up-to-date version.  Credit Oversight may, in its sole discretion, modify or revise this User Agreement at any time, and you agree to be bound by such modifications or revisions.  Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.  If you are using the Credit Oversight Services on behalf of a company, entity, or organization, you hereby represent and warrant that you are an authorized representative with authority to bind such company, entity, or organization to these Terms of Service and that you hereby exercise such authority by using the Credit Oversight Services.

 

2.  Restricted License and Use Restrictions.

Credit Oversight hereby grants to User a non-exclusive, non-transferable, restricted license (without the right to sublicense) to use the Credit Oversight Services solely in connection with present or prospective credit, financial, or risk management transactions with the business entities to which the User’s inquiries relate.  User will not use the Credit Oversight Services as a factor in establishing an individual’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, or employment purposes, or for any other purposes governed by the Fair Credit Reporting Act.  User will use the Credit Oversight Services in compliance with all laws, regulations, and ordinances that, in Credit Oversight’s opinion, govern the use of the Credit Oversight Services, and in compliance with all use restrictions set forth in the Agreement or hereafter adopted by Credit Oversight.  User’s use of the Credit Oversight Services shall be for internal business purposes only.  User shall not resell, broker, transfer, or otherwise make the Credit Oversight Services and/or the information contained therein available to any third parties.  User shall not use the Credit Oversight Services, or store the information contained therein, for the purpose of creating product(s) that compete with the Credit Oversight Services.  You agree that you will not, and will not assist or enable others to:

     a.  use the Credit Oversight Services to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Credit Oversight Services;

     b.  use the Credit Oversight Services to submit or transmit spam, chain letters, contests, junk e-mail, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

     c.  use the Credit Oversight Services for promotional or commercial purposes, except as expressly allowed in writing by Credit Oversight;

     d.  use the Credit Oversight Services for keyword spamming or to otherwise attempt to manipulate natural search results;

     e.  use the Credit Oversight Services to promote bigotry or discrimination against protected classes;

     f.  use the Credit Oversight Services to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

     g.  use the Credit Oversight Services to submit or transmit pornography or illegal content;

     h.  use the Credit Oversight Services to solicit personal information from minors or to harm or threaten to cause harm to minors;

     i.  use the Credit Oversight Services in violation of these Terms or any applicable law;

     j.  modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Credit Oversight Services;

     k.  reverse engineer any portion of the Credit Oversight Services;

     l.  remove or modify any copyright, trademark, or other proprietary rights notice on the Credit Oversight Services or on any materials printed or copied off of the Credit Oversight Services;

     m.  record, process, or mine information about other users;

     n.  use any robot, spider, Credit Oversight Services search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Credit Oversight Services or any Credit Oversight Services Content;

     o.  access, retrieve or index the Credit Oversight Services to for purposes of constructing or populating a searchable database of business information or reviews;

     p.  reformat or frame any portion of the Credit Oversight Services;

     q.  take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Credit Oversight’s technology infrastructure;

     r.  attempt to gain unauthorized access to the Credit Oversight Services, user accounts, computer systems or networks connected to the Credit Oversight Services through hacking, password mining, or any other means; use the Credit Oversight Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature ; use any device, software or routine that interferes with the proper working of the Credit Oversight Services, or otherwise attempt to interfere with the proper working of the Credit Oversight Services; make excessive traffic demands; use the Credit Oversight Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Credit Oversight Services; remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Credit Oversight Services, features that prevent or restrict the use or copying of information from the Credit Oversight Services, or features that enforce limitations on the use of the Credit Oversight Services;

     s.  use the Credit Oversight Services to compare the data and information offered by Credit Oversight to that of a competitive service.


To use some of the Credit Oversight Services, you may be required to create an account and provide information about yourself to Credit Oversight.  All information submitted to Credit Oversight in connection with the creation of an account must be accurate.  You agree not to provide to Credit Oversight an e-mail address other than your own.  User acknowledges that it is User’s duty to keep secure and hold in the strictest confidence all user identification codes (the “User IDs”) and passwords and the information obtained through the Credit Oversight Services.  Accordingly, User agrees to take all commercially reasonable measures to prevent unauthorized access to, or use of, the Credit Oversight Services or the data received therefrom, whether the same is in electronic form or hard copy, by any third party.  For companies, entities, or organizations, you hereby agree to: (i) restrict access to the Credit Oversight Services to employees who have a need to know; (ii) immediately deactivate the User IDs of any employee who no longer has a need to know, or for terminated employees on or prior to the date of termination; and, (iii) unless otherwise agreed, prohibit the sharing of User IDs amongst employees.  You agree to notify Credit Oversight immediately of any unauthorized use of your User ID(s).  In using the Credit Oversight Services, you may be exposed to information or content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.  Credit Oversight disclaims all liability associated with such content and information.  Credit Oversight does not endorse such information and content, and cannot vouch for its accuracy.  Credit Oversight is under no obligation to monitor the Credit Oversight Services or the information and content displayed through the Credit Oversight Services.  However, Credit Oversight reserves the right to investigate possible violations of these terms, block users from accessing the Credit Oversight Services, and refer matters to law enforcement authorities for further investigation.  We may disclose information to third parties, including your User Submissions (as defined below), in accordance with the privacy notice, located at http://www.creditoversight.com/privacy.html  User agrees that if Credit Oversight determines or reasonably suspects that User is reselling or brokering the Credit Oversight Services’ information, programs, computer applications, or data, or is otherwise violating any provision of these terms, Credit Oversight may take immediate action, including terminating the delivery of, and the license to use, the Credit Oversight Services.  Credit Oversight reserves the right to use whatever means it deems appropriate to monitor User’s compliance with the Terms of Service of this Agreement.  Credit Oversight reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Credit Oversight Services, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.  User agrees that (i) he/she/it is 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) he/she/it is not listed on any U.S.  Government list of prohibited or restricted parties.

 

3.  User Submissions.

You may submit textual content (the “User Submissions”) through the Credit Oversight Services.  You understand that, whether or not such User Submissions are published, Credit Oversight does not guarantee any confidentiality with respect to any User Submissions.  In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Credit Oversight to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Credit Oversight Services and this User Agreement.  For clarity, you retain all of your ownership rights in your User Submissions.  However, by submitting User Submissions to Credit Oversight, you hereby grant Credit Oversight a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Submissions in connection with the Credit Oversight Services and for any other purpose as determined by Credit Oversight, its successors, and affiliates.  You also hereby grant each user of the Credit Oversight Services and any other third parties to whom Credit Oversight displays the User Submissions a non-exclusive license to access your User Submissions through the Credit Oversight Services or any other means as determined by Credit Oversight, and to use such User Submissions as permitted through the functionality of the Credit Oversight Services and under this User Agreement or under any other terms as determined by Credit Oversight.  You also irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to User Submissions.  In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Credit Oversight all of the license rights granted herein.  Credit Oversight does not endorse any User Submission, and Credit Oversight expressly disclaims any and all liability in connection with User Submissions.  Credit Oversight does not permit copyright infringing activities and infringement of intellectual property rights on the Credit Oversight Services, and Credit Oversight will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights.  Credit Oversight reserves the right to remove User Submissions without prior notice or to decline to publish any User Submissions for any reason, including if a User Submission does not comport with our terms.  You are responsible for your User Submissions.  You assume all risks associated with your User Submissions, including risk for anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in User Submissions that makes you personally identifiable.  You may not imply that your User Submission is in any way sponsored or endorsed by Credit Oversight.  You may expose yourself to liability if, for example, your User Submissions violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; encourages others to adopt a specific policy or to boycott a business in violation of antitrust laws; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.  Credit Oversight and its licensees may display advertisements and other information adjacent to or included with your User Submissions.  You are not entitled to any compensation for such advertisements.  The manner, mode, and extent of such advertising are subject to change without specific notice to you.  Under no circumstances are you entitled to any compensation for your User Submissions.

 

4.  Digital Millennium Copyright Act.

     a.  Notice.  If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  Credit Oversight’s designated Copyright Contact to receive notifications of claimed infringement can be reached at e-mail: info@creditoversight.com, subject: “Copyright Agent”.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed via the e-mail’s subject area to the appropriate service department at Credit Oversight.  You acknowledge that if you fail to comply with all of the requirements of this paragraph 5(A), your DMCA notice may not be valid.

     b.  Counter-Notice.  If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and, Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Williamsport, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Credit Oversight may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Credit Oversight’s sole discretion.

 

5.  Fees.

Upon subscribing to a paid subscription, User agrees to pay the then-prevailing fees for such subscription as described in the Credit Oversight Services.  Credit Oversight’s prices may be updated from time to time by any of the following methods: online announcements, User bulletins, e-mails, notices, announcements in invoices, or revised published price lists.  Credit Oversight is not responsible for ensuring the delivery of any updates to its pricing policies (including additions thereto or deletions therefrom) to User, and all present and future price lists are hereby incorporated by reference into this Agreement.  Credit Oversight reserves the right at any time to discontinue any pricing or discount promotions at any time.

 

6.  Payment of Fees.

User agrees to pay for all services obtained through User’s User IDs when billed by Credit Oversight.  All unpaid fees and late payments will bear interest at a rate of 18% per annum.

 

7.  Online One Time Payments.

CREDIT OVERSIGHT (which includes its credit card billing designee and assigned credit card agency) offers a secure and convenient online bill payment service as a way for you to pay for your online purchases through CREDIT OVERSIGHT.  There is no additional fee for using this service, and it will save you the cost of a check and stamp.  Please read these “Terms of Use” carefully as you are bound to these Terms of Use when you click on any button on which you choose to purchase any product or service offered by CREDIT OVERSIGHT, as clicking the button signifies your acceptance to these Terms of Use, and you authorize payment to CREDIT OVERSIGHT from your credit card.  To activate your online ONETIME payment option, you must provide us with certain information about yourself.  This information includes your name, credit card number, and other personal details.  We use this information to ensure that the payment process occurs accurately and efficiently.  If you do not wish to provide us with the required information, we will not be able to process online payments.

You are responsible for the accuracy of all information provided.  You shall not at any time provide us with information which is false, inaccurate, misleading, obsolete or deceptive.  If we have reasonable grounds to believe that you have provided us with inaccurate information, we may choose not to proceed with the processing of your payment until the online payment is resubmitted with correct and accurate information.  You realize that any failure by CREDIT OVERSIGHT to process the payment for your services does not relieve you from the responsibility for payment of your services.  In case of the payment processing failure you may be notified by e-mail or other means, as specified in your profile.  I understand and agree that CREDIT OVERSIGHT is not liable for erroneous bill statements or incorrect debits to my account.  If an error in the ONE TIME billing amount should occur, CREDIT OVERSIGHT will be responsible for correcting it if and when you notify CREDIT OVERSIGHT of this error.  These Terms of Use are not transferable and must be submitted electronically by the person authorized on the CREDIT OVERSIGHT account.  By clicking on any button on which you choose to purchase any product or service offered by CREDIT OVERSIGHT, you agree that you have read and understand these online payment Terms of Use.  In addition, you authorize CREDIT OVERSIGHT to charge the specified amount to the specified credit card; and you authorize CREDIT OVERSIGHT or its credit card billing designee and assigned credit card agency, to charge your account and remit payment for services provided by CREDIT OVERSIGHT.  This authorization will remain effective until cancelled by the person authorized on the CREDIT OVERSIGHT account.  These Terms of Use may be updated or amended by CREDIT OVERSIGHT at any time.  It is your responsibility to review the current Terms of Use at http://www.creditoversight.com/terms.html

 

8.  Online Recurring Payments.

CREDIT OVERSIGHT (which includes its credit card billing designee and assigned credit card agency) offers a secure and convenient online bill payment service as a way for you to pay for your online purchases through CREDIT OVERSIGHT.  There is no additional fee for using this service, and it will save you the cost of a check and stamp.  Please read these “Terms of Use” carefully as you are bound to these Terms of Use when you click on any button on which you choose to purchase any product or service offered by CREDIT OVERSIGHT, as clicking the button signifies your acceptance to these Terms of Use, and you authorize payment to CREDIT OVERSIGHT from your credit card.  To activate your online RECURRING payment option, you must provide us with certain information about yourself.  This information includes your name, credit card number, and other personal details.  We use this information to ensure that the payment process occurs accurately and efficiently.  If you do not wish to provide us with the required information, we will not be able to process online payments.

You are responsible for the accuracy of all information provided.  You shall not at any time provide us with information which is false, inaccurate, misleading, obsolete or deceptive.  If we have reasonable grounds to believe that you have provided us with inaccurate information, we may choose not to proceed with the processing of your payment until the online payment is resubmitted with correct and accurate information.  You realize that any failure by CREDIT OVERSIGHT to process the payment for your services does not relieve you from the responsibility for payment of your services.  In case of the payment processing failure you may be notified by e-mail or other means, as specified in your profile.  You understand that it is your responsibility to resubmit the payment by the due date.  Please be advised that CREDIT OVERSIGHT may disconnect your services within 24 hours of no payment.  Automatic RECURRING payments will be made every four (4) weeks for the total amount of the service you are to be billed on your current account.  You will not receive advance notice of the automatic recurring payment or receive a post-payment confirmation following payment processing.  If the transaction is refused by the financial institution issuing your credit card for any reason, including closed or unauthorized account, CREDIT OVERSIGHT will not be able to process your payment.  Your CREDIT OVERSIGHT account may be (i) subject to additional charges, or, (ii) closed within 24 hours, if your payment is rejected, reversed, or refused by any financial institution.  You realize that any failure by CREDIT OVERSIGHT to process the payment for RECURRING services does not relieve you from the responsibility of payment for your services.  If your electronic payment is rejected for any reason, CREDIT OVERSIGHT: (i) reserves the right to charge a Rejected Payment Fee of $20.00, (ii) may restrict your ability to use the chosen credit card for a period of time, (iii) may permanently restrict your ability to use a certain credit card if it fails multiple times, (iv) may cancel your account with or without notice.  If you wish to cancel your automatic RECURRING payment option, please contact us at info@creditoversight.com.  If you would like to change the credit card you currently have on file (that is being used for your automatic RECURRING payments,) you must enter the new credit card information.  Once you submit your new credit card information, your previously approved automatic RECURRING credit card will be terminated and the new credit card will go into effect.  If you have received an updated credit card which: (i) contains a new security code and expiration date, or, (ii) you have a new billing address, you must enter the new credit card information.  Once you submit your updated credit card information, your previous information will be terminated and the new credit card information will go into effect.  I understand and agree that CREDIT OVERSIGHT is not liable for erroneous bill statements or incorrect debits to my account.  If an error in the monthly RECURRING billing amount should occur, CREDIT OVERSIGHT will be responsible for correcting it if and when you notify CREDIT OVERSIGHT of this error.  These Terms of Use are not transferable and must be submitted electronically by the person authorized on the CREDIT OVERSIGHT account.  By clicking on any button on which you choose to purchase any product or service offered by CREDIT OVERSIGHT, you agree that you have read and understand these online payment Terms of Use.  In addition, you authorize CREDIT OVERSIGHT to charge the specified amount to the specified credit card; and you authorize CREDIT OVERSIGHT or its credit card billing designee and assigned credit card agency, to charge your account and remit payment for services provided by CREDIT OVERSIGHT.  This authorization will remain effective until cancelled by the person authorized on the CREDIT OVERSIGHT account.  These Terms of Use may be updated or amended by CREDIT OVERSIGHT at any time.  It is your responsibility to review the current Terms of Use at http://www.creditoversight.com/terms.html.  If you wish to reestablish your automatic recurring payment option due to having a change in your credit card, please contact us at http://www.creditoversight.com/contact.html.

 

9.  Term and Termination.

This User Agreement is for services rendered and shall be in full force and effect during such time as Credit Oversight is providing the Credit Oversight Services to User.  Credit Oversight may disable User’s access to the Credit Oversight Services at any time.  Credit Oversight reserves the right to modify, update, or discontinue the Credit Oversight Services at its sole discretion, at any time, for any or no reason, and without notice or liability.  Credit Oversight may close any user account at any time in its sole discretion.  Provisions hereof relating to limits on liability, indemnification, use and protection of information and data, payment for the Credit Oversight Services, audits, and disclaimers of warranties shall survive the termination of this User Agreement.

 

10.  Intellectual Property.

User agrees that User shall not reproduce, re-transmit, republish, or otherwise transfer for any commercial purposes the Credit Oversight Services’ information, programs, or computer applications.  User acknowledges that Credit Oversight (and/or their third-party data providers) shall retain all right, title, and interest under applicable contractual, copyright, and related laws in and to the data and information that they provide.  User shall use such materials in a manner consistent with Credit Oversight’s interests and notify Credit Oversight of any threatened or actual infringement of Credit Oversight’s rights.  User shall not remove or obscure the copyright notice or other notices contained on materials accessed through the Credit Oversight Services.

 

11.  Disclaimer of Warranties and Limits of Liability.

     a.  THE CREDIT OVERSIGHT SERVICES AND ALL INFORMATION AND CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.  CREDIT OVERSIGHT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THIRD PARTY DATA PROVIDERS AND MOBILE APPLICATION DISTRIBUTORS (“COLLECTIVELY THE “CREDIT OVERSIGHT PARTIES”) MAKE NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (i) THE OPERATION AND FUNCTIONALITY OF THE CREDIT OVERSIGHT SERVICES, (ii) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE INFORMATION AND CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS RATINGS AND BUSINESS INFORMATION CONTAINED ON THE CREDIT OVERSIGHT SERVICES; AND, (iii) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE CREDIT OVERSIGHT SERVICES.  THE CREDIT OVERSIGHT PARTIES FURTHER DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM CREDIT OVERSIGHT OR THE CREDIT OVERSIGHT SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

     b.  THE CREDIT OVERSIGHT PARTIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION, OR, (v) LOSS OF INFORMATION OR DATA.

     c.  THE CREDIT OVERSIGHT PARTIES FURTHER DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE CREDIT OVERSIGHT SERVICES AND INFORMATION AND CONTENT AVAILABLE THROUGH THE CREDIT OVERSIGHT SERVICES.  YOUR USE OF THE CREDIT OVERSIGHT SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOST REVENUE OR PROFITS, ANY LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE CREDIT OVERSIGHT SERVICES.

     d.  THE CREDIT OVERSIGHT PARTIES ALSO DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS LISTED ON THE CREDIT OVERSIGHT SERVICES.  YOU ACKNOWLEDGE THAT CREDIT OVERSIGHT HAS NO AFFILIATION WITH SUCH BUSINESSES, ADVERTISERS, AND USERS.  YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH CREDIT OVERSIGHT RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

     e.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

     f.  THE CREDIT OVERSIGHT PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO CREDIT OVERSIGHT IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR, (ii) $100.00 US.

     g.  THE CREDIT OVERSIGHT SERVICES MAY CONTAIN HYPERLINKS TO THIRD PARTY WEBSITES (THE “THIRD PARTY SITES”), AND CREDIT OVERSIGHT ASSUMES NO RESPONSIBILITY AND HAS NO CONTROL OVER THE INFORMATION AND OR CONTENT CONTAINED THEREIN.  THE CREDIT OVERSIGHT PARTIES ALSO DISCLAIM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE THIRD PARTY SITES.

 

12.  Indemnification.

You agree to indemnify and hold the Credit Oversight Parties, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to http://www.creditoversight.com, (ii) your use of the http://www.creditoversight.com website, (iii) your use of http://www.creditoversite.com services, (iv) your violation of these terms; or, (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.  Credit Oversight reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify and you agree to cooperate with Credit Oversight’s defense of these claims.  You agree not to settle any matter without the prior written consent of Credit Oversight.  Credit Oversight will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

13.  Governing Law; Exclusive Jurisdiction.

This User Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without effect to conflict of law principles.  Additionally, any action arising under this User Agreement shall be brought within the jurisdiction and venue of the state courts of Centre County, Pennsylvania.

 

14.  Attorney’s Fees.

The prevailing party in any action, claim, or lawsuit brought pursuant to this User Agreement is entitled to payment of all attorney’s fees and costs expended by such prevailing party in association with such action, claim, or lawsuit.

 

15.  Assignment.

This User Agreement may not be assigned by User, in whole or in part, without the prior written consent of Credit Oversight.  For Users that are corporations, organizations, or entities, a change in ownership of twenty percent (20%) or more of the outstanding shares of User shall constitute an assignment.

 

16.  Audit.

User understands and agrees that Credit Oversight may conduct periodic reviews of User’s use of the Credit Oversight Services to ensure compliance with the terms of this User Agreement and Credit Oversight’s third party data provider contracts.  Violations discovered in any review or audit may be subject to immediate action, including but not limited to (i) the imposition of reactivation fees, (ii) the termination of your access to the Credit Oversight Services, referral to law enforcement, and, (iii) possible legal action.

 

17.  Taxes.

The fees for all Credit Oversight Services are exclusive of any state, local, or otherwise applicable sales, use, or similar taxes.  If any such taxes are applicable, they will be charged to User’s account.

 

18.  User Information.

User will immediately notify Credit Oversight of any material changes in User’s information.  Credit Oversight reserves the right to terminate this User Agreement upon receipt of any information which in Credit Oversight’s sole discretion would cause User to be unable to comply with the Terms of Service of this User Agreement.

 

19.  Relationship of the Parties.

User and Credit Oversight are independent contractors of one another.  Neither party shall at any time represent that they are authorized agents or representatives of one another.  Apple, Inc.  and its subsidiaries are intended third party beneficiaries of this User Agreement, and they are entitled to enforce its own set of established Terms.

 

20.  Changes in User Agreement.

User agrees to comply with changes to the restricted license and use restrictions contained herein, changes in pricing, and changes to other provisions of this User Agreement as Credit Oversight shall make from time to time upon notice to User.  Such changes may be made from to time by any of the following methods: online announcements, User bulletins, e-mails, online amendments, mail, updates to this webpage or the webpage on which the Credit Oversight Privacy Notice is displayed, or any other written notice.

 

21.  Entire Agreement.

Except as otherwise set forth herein, this User Agreement sets forth the entire understanding of the Parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous letters of intent, agreements, covenants, negotiations, arrangements, communications, representations, understandings, or warranties, whether oral or written, by any officer, employee, or representative of either party relating thereto.  Any new, other, or different terms supplied by User that are not contained in this document, including any terms contained in purchase orders or confirmations issued by User, are specifically rejected by Credit Oversight unless Credit Oversight agrees to them in a signed writing specifically including those new, other, or different terms.  The terms of this User Agreement shall supersede and govern in the event of a conflict with the terms of any other document into which this User Agreement is incorporated by reference.  In the event one or more provisions of this User Agreement are deemed unenforceable, the enforceability of the remaining provisions shall remain unimpaired.


22.  Contact:

Any inquiries regarding the Credit Oversight Services should be directed to Credit Oversight via e-mail at: info@creditoversight.com.



Last Updated: 11 MARCH 2016





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