CreditBack Web Site User Agreement
The CreditBack, Inc. ("CreditBack") network of web sites and related Internet media properties ("Site") are an online information service provided by CreditBack, subject to your strict compliance with the following terms and conditions of use ("Agreement").
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING AGREEMENT.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE.
CREDITBACK MAY MODIFY THIS AGREEMENT AT ANYTIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON THE
POSTING THEREOF ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY AND TO COMPLY WITH SUCH MODIFICATIONS. YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owner of the intellectual property, copyrights and trademarks are CreditBack its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to CreditBack a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative work of, publicly display and publicly perform any materials and other information (including ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and news groups) or by e-mail to CreditBack by all means and in any media now known or hereafter developed. You also grant to CreditBack the right to use your name in connection with the submitted materials and other information and any advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against CreditBack for any alleged or actual infringement or misappropriation of any proprietary right in your communications to CreditBack.
If you believe that content appearing on the
Site constitutes copyright infringement of another party's right, please contact CreditBack.
2. Trademarks.
CreditBack, including the "look" and "feel" of the Site, CreditBack color combinations layout, tradedress and all other graphical elements constitute proprietary trademarks and the public intellectual property of CreditBack. Any use of CreditBack's trademark without the written permission of CreditBack is strictly prohibited. Certain product and company names referenced from time to time in the Site may be the property of third parties as designated.
3. Use of the Site.
Except for information, products or services clearly identified as being supplied by CreditBack, CreditBack does not operate, control or endorse any information products or services on the Internet in anyway. Except for CreditBack identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with CreditBack. CreditBack cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other codes that manifest or contain contaminating or destructive properties. You are solely responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
In connections with your use of the Site, you agree you shall not:
a) Transmit any message, information, data, text, software or images or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable or that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including any CreditBack official, representative, leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or given existing contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; ;
f) Use the Site's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junkmail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, federal or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
j) Delete or revise any Material posted by any other person or entity; or
k) Manipulate or otherwise display the Site by using framing or similar navigational technology.
4. Disclosure of Express and Implied Warranties.
You assume total responsibility and risk for your use of the Site and the Internet. CREDITBACK PROVIDES THE SITE AND RELATED GOODS, SERVICES AND INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR ENDORSEMENT WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD THERETO, AND CREDITBACK SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM ANY SUCH TRANSACTION. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. CreditBack has no control over and accepts no responsibility whatsoever for such materials.
5. Limitations of Liability.
IN NO EVENT WILL CREDITBACK BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR INFORMATION DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF CREDITBACK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, CreditBack's liability is limited to the greatest extent permitted by law.
6. Equipment.
You shall be solely responsible for obtaining and maintaining all telephone hardware and other equipment needed for access to and use of the Site and all charges related thereto.
7.Indemnification.
You agree to and shall indemnify, defend and hold harmless CreditBack, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorney's fees and court costs, resulting from any violation of this Agreement or applicable law (including negligent or tortious conduct) by you or your use of the Site.
8. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site) and 7 (Indemnification) are for the benefit of CreditBack, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against their respective behalves.
9. Discontinuation of Site.
CreditBack may discontinue providing access to the Site at any time for any reason without notice. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Limitations of Liability), 7 (Indemnification), 8 (Third Party Rights) and 13 (Miscellaneous) shall survive any such discontinuation or other termination of this Agreement.
10. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all federal, state and local laws, regulations and rules, including rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. Dealing with Third Parties.
Your participation, correspondence or business with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such third party. CreditBack shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
12. Links.
The Site may provide, or third parties may provide, links to non-CreditBack Internet World Wide Web sites or resources. Because CreditBack has no control over such sites and resources, you agree that CreditBack shall not be responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. CreditBack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Miscellaneous.
A. Governing Law and Exclusive Venue. This Agreement shall all be governed and construed in accordance with the laws of the State of Utah. You agree that any legal action or proceeding between CreditBack and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought solely and exclusively in a federal or state court of competent jurisdiction sitting in the County of Utah, State of Utah
B. Claim Limitation. Any cause of action or claim you may have with respect to the
Site must be commenced within one (1) year after the claim or cause of action arises or such
claim or cause of action is waived and forever barred. CreditBack's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be construed as a waiver
of any provision of right. Neither the course of conduct between the parties, nor trade practice
shall act to modify any provision of this Agreement. CreditBack may assign its rights and duties
under this Agreement to any party at any time without notice to
you.