3. USER ACCOUNTS; Indemnification
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Credit4Work!, to keep it accurate, current and complete; and (d) be fully responsible for all uses of your account (whether by you or any other party) and for any transactions or activities that take place in respect of your account. You agree to notify us immediately of any unauthorized use of your online account. We reserve the right to close your online account at any time for any or no reason. You will use your online account for your personal, non-commercial use only. You may not impersonate someone else, create an online account for anyone other than yourself, provide an email address other than your own, or create multiple online accounts. If you disclose your password and/or any Registration Data, you assume all risks, losses and damages associated with such disclosure. You agree to indemnify, defend, and hold harmless Credit4Work!, its directors, officers, managers, members, employees, and agents from and against all losses, expenses, damages, and costs, including, without limitation, reasonable attorneys’ fees, arising out of or relating to your use of any Services or use by any other party of any Services using your username and password or other means of account access.
4. PROPRIETARY RIGHTS IN SITE CONTENT
Credit4Work! graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Credit4Work! in the United States and/or other countries. All of Credit4Work! trademarks and trade dress, and any derivatives thereof, may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Credit4Work!.
6. RESTRICTIONS ON USE
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, patent, trade secret, moral right, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Services or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Services or the Site or for any other purpose. You further agree that you may not use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. Without limiting the foregoing general restrictions, you agree not to:
- use the Site or the Services to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User’s use of the Site or the Services;
- use the Site or the Services to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use the Site or the Services for promotional or commercial purposes, except as expressly allowed in writing by Credit4Work!;
- use the Site or the Services for keyword spamming or to otherwise attempt to manipulate natural search results;
- use the Site or the Services to promote bigotry or discrimination against protected classes;
- use the Site or the Services to submit or transmit pornography or illegal content;
- use the Site or the Services to solicit personal information from minors or to harm or threaten to cause harm to minors;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Credit4Work! in writing;
- reverse engineer any portion of the Site or the Services;
- remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
- record, process, or mine information about other Users;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
- access, retrieve or index the Site for purposes of constructing or populating a searchable database of business reviews;
- reformat or frame any portion of the Site;
- take any action that imposes, or may impose in Credit4Work! sole discretion, an unreasonable or disproportionately large load on Credit4Work! technology infrastructure;
- attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site 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 Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or
- except as expressly requested by Credit4Work! upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here: CreditWorks LLC, P.O. Box 331339, Coconut Grove, FL 33133, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
7. RESPONSIBILITY OF YOUR CONTENT
You are solely responsible for any information or other content that you upload, publish, provide or display on or through the Services or the Site (collectively, “Your Content”). You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness. You represent that you own, or have the necessary permissions to use, and hereby authorize the use of, Your Content as described herein.
8. CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES
You understand that in order to request and apply for our loans and engage in related transactions through us, and to view and retain a copy of the related notices, disclosures, agreements, authorizations, acknowledgements, terms and conditions, statements, receipts and other documents and records (collectively, “Communications”), or sign or submit any Communications to us at our request, during the course of our relationship with you, you must consent to receive Communications electronically and provide your signature electronically.
- SCOPE OF YOUR CONSENT.
Your consent applies to Communications related to all accounts, products, or services we offer, provide to you, or that you apply for, administer or access, now or in the future (the “Products”). Your consent includes, but is not limited to, Communications related to:
- Applying for, fulfilling or otherwise obtaining a product.
- Servicing, maintaining, using, or closing a product.
- Performing transactions or obtaining information in connection with a product.
The scope of Communications we will provide to you electronically includes Communications we are required by law to provide “in writing,” including legally required disclosures.
- HOW YOUR CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES WILL APPLY.
In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you.
Electronic Records may be delivered to you in a variety of ways. In some cases, Electronic Records may be delivered via e-mail or through the CreditWorks online platform. You should print or download a copy of any electronic Communications for your records, including this Consent.
In our sole discretion, we may provide you with any Communication in writing or send it to you via U.S. mail or other means of delivery, even if you have chosen to receive it electronically. We may require any information you provide to us, or any document you sign, to be delivered to us in writing, either in electronic format if you have consented to electronic receipt of communications or on a physical document if you have not given your consent.
- GETTING PAPER COPIES.
You my request from us a paper copy of any Communication that we have provided or made available to you electronically without charge, provided that such request is made within a reasonable time after we first provided the Communication to you.
To request paper copies, you must send an e-mail to [email protected] with the subject line “Paper Document Request” and in the body of the e-mail you must state your e-mail address, full name, US Postal address, and telephone number. Please also specify (in the body of the email) which Communication you are requesting in paper copy.
Requesting paper copies, as specified above, does not remove your previously provided consent to receive electronic Communications. To withdraw your consent to receive any future Communications in electronic format, please follow the instructions below under “Withdrawing Your Consent.”
- WITHDRAWING YOUR CONSENT.
You may withdraw your consent to receive Communications electronically by following the instructions below. If you withdraw your Consent prior to receiving the credit transaction, then your withdrawal will prevent you from obtaining an online credit transaction (i.e. a credit transaction obtained over the Internet). After your loan has been originated and funded, you may withdraw your consent to receive any future Communications in electronic format. Withdrawing your consent does not apply to origination disclosures or any other documents that were previously provided to you (electronically) prior to your loan funding (or at the time of funding
How to withdraw your consent: You may withdraw your to receive future Communications electronically by sending an email to [email protected] with the subject line of “Withdraw Electronic Consent” and in the body of the email, state your full name, US Postal Address, email address, and telephone number. Your withdrawal of consent will be effective only after we have had a reasonable period of time to process your request.
- CHANGE IN YOUR EMAIL ADDRESS OR OTHER CONTACT INFORMATION.
To ensure you receive all Communications in a timely manner, you agree to promptly notify us of any change in your email address or home mailing address. To let us know of a change in your email address of address information, access your online account and go to “Account Settings.” You may also call us at 1-800-409-3765 or email us at [email protected] with the subject line of “Update Contact Information.” Until you notify us of a change in your email address, any Communications delivered to your email address in our records will be deemed to have been delivered to you.
- REQUIRED HARDWARE AND SOFTWARE.
In order to access and retain Communications electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software. To ensure access and optimal printing of your documents in PDF format, you must have Adobe Reader and a functioning printer. To install the free version of Adobe Reader, click here (http://get.adobe.com/reader/otherversions/).
- FEDERAL LAW.
All Communications we provide to you in either electronic or paper format will be considered “in writing”. You should print or download for your records a copy of this Consent and any other Communications. You agree and we both intend the federal Electronic Signatures in Global and National Commerce Act to apply to (i) this Consent and (ii) our ability to communicate with you about your account and make changes requested by you or required on your account by electronic means.
- TERMINATION / CHANGES.
We reserve the right, in our sole discretion, to discontinue the provision of electronic Communications at any time or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.
You will print a copy of this agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site and agreements signed electronically through the Site and/or the Services.
10. SITE AVAILABILITY
We reserve the right to modify, update, or discontinue the Site and/or the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
11. UNAUTHORIZED ACCESS
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site and/or the Services, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
We may terminate or suspend at any time your online account or ability to use the Site and/or the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your online account or ability to use the Site and/or the Services if you misuse the Site and/or the Services. Any such termination or suspension could prevent you from accessing your online account, the Site, the Services, Your Content, Site Content, or any other related information.
13. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
- THE SITE, THE SERVICES AND ALL SITE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. Credit4Work! MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE AND/OR THE SERVICES, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, AND/OR (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT. Credit4Work! FURTHER DISCLAIMS 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.
- Credit4Work! DISCLAIMS ALL LIABILITY FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF PROFITS, OR (3) LOSS OF INFORMATION OR DATA.
- Credit4Work! FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE, THE SERVICES AND SITE CONTENT. YOUR USE OF THE SITE, THE SERVICES AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY UNAUTHORIZED ACCESS OF YOUR ONLINE ACCOUNT AND ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED OR TRANSMITTED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE AND/OR THE SERVICES. There may be security, transmission or other risks associated with THE use of the Internet, THE SITE, THE SERVICES AND/OR SITE CONTENT, and you expressly assume any and all such risks. IN LIGHT OF THE FOREGOING RISKS, You are SOLELY responsible for obtaining all software, hardware, or other equipment necessary to SAFELY use THE SITE, THE SERVICES AND/OR SITE CONTENT, including, without limitation, the use of up-to-date web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE AND/OR THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SITE AND/OR THE SERVICES.
14. THIRD PARTIES
The Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Some of the services made available through the Site may be provided in connection with third parties and subject to additional terms posted on Third Party Sites, which terms are incorporated herein by reference. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
15. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
17. CONTRACT AND VIOLATIONS