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Credique, LLC - Terms of Service

Last updated: September 21, 2021

By using any of the Services and the Website, You expressly acknowledge and agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and our web address or URLs you have specifically accessed ie pfmverify.com, pfmcheck.com, pfmscore.com and others in relation to your use of the Website and/ or the Services and apply to all users of the Services, whether registered or not, on the Website.

We may, at our sole discretion, modify or revise these Terms of Service, policies and price of services at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. In the interest of clarity, it is stated that any free service can be converted into paid subscription service at any given time. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.

As used in this Agreement, “www.pfmverify.com", “this service”, “the service”, “service”, "we," "us," and "our" shall mean PFM Verify and/or its related sites including its subsidiaries and affiliates. By accessing or using the services available through our Website (the "Services"), you agree to be bound by these Terms of Service. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.

THIS IS A LEGAL AGREEMENT. BY USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD DISCONNECT THIS SERVICE AND CEASE USING IT.

Content means report, information, graphics, images, audio, video or other materials.

Representative means an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, distributors and attorney associated with the service.

Site or Sites means www.pfmverify.com or the currently accessed related sites and services.

Applicable Laws shall mean and include all applicable statutes, enactments, acts of Congress or legislature, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of United States

Ambit of Service

This is a personal finance information management service that allows you to consolidate and track your financial information. We aim to provide you with a personalized Financial management solution for a better financial life. Our services are comprised and delivered to you through our Dashboard and third-party marketing partners, as under:

Financial Account Summary

We offer a financial account summary, where we will retrieve your financial account information pertaining to your transactions, account balances, and holdings from the designated financial institutions.

Your financial summary, collected through the manual account information you provide or through account aggregation, is used to display your consolidated financial picture. Financial visualizations include detailed charts, transactional data and other financial account information.

This service connects to various third-party service providers, including the services which may provide you the approximate credit score of your location. Modern credit scoring systems can collate data from a wide variety of data sources in structured, unstructured, and semistructured form and provide you ex approximate credit score of your location however, we are not responsible for the financial or other third party services for the accuracy of the data supplied by them that are displayed or showcased through our the Dashboard or any of our services. While Dashboard and Services provided by this service may provide significant assistance in helping you manage your finances.

YOU AGREE THAT THE COMPANY AND THE PROVIDERS HAVE NO LIABILITY FOR ANY INFORMATION (ACCURATE OR INACCURATE, COMPLETE OR INCOMPLETE) IN THE MATERIALS OR ANY REPORTS PROVIDED TO YOU AS PART OF THE PRODUCTS.

Financial Insights

Your financial summary, along with optional financial and personal information you may provide, are used to generate financial insights. We utilize your aggregated account information, along with the information you provide, to share relevant and important financial observations that can and may make you aware of your overall financial status and opportunities to improve it.

Verification Fee

This service charges a verification fee unless otherwise stated on the website disclaimers. Your subscription begins after the initial introductory period also as stated on the website disclaimer, and will automatically charge your payment method at the rate stated at the time of sign-up, including any applicable taxes, on a recurring basis in accordance with the terms of your subscription. If you cancel before the end of your introductory period, your payment method won't be charged for the subscription amount. You may cancel by visiting your Account page or by contacting us at [email protected] for directions on how to verify your identity so we can properly cancel your account.

Subscription Fees

The Services are available under subscription plans of various durations and pricing. Payments for subscription plans can be made by Credit/Debit Card, Bank Account or possibly other alternative payment options such as Paypal etc. Your plan will be indicated on the checkout page disclaimer. Plan I: Your Risk Free member benefits are available as part of your $1 verification fee, which can be refunded upon request. After the initial seven day introductory period, you will be billed monthly at $29.95, $34.95 or $39.95 as stated on the disclaimer. Plan II: Your Risk Free member benefits are available as part of your $1 verification fee, which can be refunded upon request. After the initial two day introductory period, you will be billed monthly at $29.95, $34.95 or $39.95 as stated on the disclaimer. Plan III: We will immediately charge your card $39.95 for your 30 days of uninterrupted protection and will continue to charge the card the price stated for each month you continue your subscription.

Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription or if you Cancel your subscription from your account page. At the time of automatic renewal, the subscription fee will be charged to the primary or backup form of payment that you provided. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. Payment for a subscription, shall be non-refundable, that is, there will be no refunds, full or partial.

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities; you are responsible for paying any such applicable tax.

You acknowledge that the amount billed for the subscription may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to bill you for such varying amounts.

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

By registering for a subscription, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all payment information), and (c) you are the owner of the credit card or bank account you designated for your subscription Account. In consideration of the availability, and your use, of a subscription, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein, as well as any terms and conditions which may be set out in the relevant subscription Description, (b) that you are solely responsible for all acts or omissions that occur through your subscription Account, and (c) that we reserve the right to suspend or terminate your subscription Account and your use of a subscription at any time, including without limitation, where we have determined, in its sole discretion, that your use of the subscription is, or was, in breach of these Terms and Conditions. Any such termination by us shall be in addition to and without prejudice to such rights and remedies as may be available to us, including injunction and other equitable remedies. Your ability to use the subscription is also subject to any limits established by us or by your payment provider. If Fees cannot be charged to your payment provider or your charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your subscription Account and your access to the subscription. Regardless of your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if you close your account before the end of your subscription period.

Cancellation of Subscription Services

You may terminate your Subscription Services by calling us at the number that appears on the website and on the emails that you receive from us. In the event, you do not have access to a phone, you may terminate by writing to us at 8605 Santa Monica Blvd #92818, West Hollywood, CA 90069-4109 USA, and requesting termination. You may not cancel your subscription by notifying us via email without proper validation of your identity. This service shall not provide any prorated refunds. Cancelling your Subscription Services shall end your recurring monthly payments as well as premium features made available to you via our subscription services. However, it shall not cancel the access to your membership account, you may still be able to access all basic limited features made available to you via our applicable Website.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services by any third party or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content or products listed, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Disclaimers

By using our Services, you understand and acknowledge that financial insights provided by us cannot be guaranteed in any way. All investments do entail a risk of loss and which may result in loss of money. You also understand and acknowledge that all investments are subject to currency fluctuations, market dynamics, business, economic, political, and other risks. Investments, particularly those in stocks of smaller companies and in international stocks, can be very volatile, present numerous risks, and can result in a loss of principal. International investments include risks of political, economic and currency fluctuations and differences and instability in financial reporting, in addition to the other risks present in such domestic investments. Investments in smaller companies and start-ups may involve greater risks than investments in bigger, more mature companies. The value of debt securities is reduced frequently, (sometimes dramatically), by increases in interest rates. While the financial insights we provide may assist in helping you manage your finances, you should always consult with a professional investment consultant or advisor before making investment decisions or deciding on significant changes to your personal financial strategy.

The intent of the Investment Checkup is to provide insight based on the accounts you have aggregated on the Membership Dashboard. Because there is no way to confirm all information about your finances or your personal situation, analyses or comments may be incomplete or inaccurate. All insights provided represent a courtesy extended to you for informational and educational purposes, and you should never only rely on this information as the primary basis of your financial, tax or investment planning decisions. You should consult your tax or legal professional regarding your specific status or situation.

Any Financial analysis presented on the site, is intended to illustrate the hypothetical performance of various allocation strategies is based on a long-term historical asset class performance and is not meant to imply actual performance or results.

Restrictions on Content and Use of the Services

We reserve the right, at all times, but will not have an obligation to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our service, its users and the public.

General

We do not control and are not responsible for e-mails sent from outside our domains or other means of electronic communication. You acknowledge and agree that you are responsible and bear all risks associated with the use of our Services, and that under no circumstances will we be liable in any way for any loss or damage of any kind incurred as a result of our Services.

Users will not use the Services, if any applicable law in their State prohibits them from doing so and or have not previously been their right to use the Services because of suspension or termination.

You agree to release us, our parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the Services or object to any Content, your sole remedy is to cease using them.

Data and Data Integrity

We are not responsible and cannot guarantee the accuracy or timeliness of Financial Information we retrieve on your behalf directly, from third-party financial and technology providers, where your accounts are held, or from third-party market/research data providers used to provide the Services.

We may not be able to anticipate and foresee technical or other difficulties, which may result in failure to obtain personalized settings, data, or other service interruptions. We assume no responsibility for the accuracy, timeliness, deletion, failure or non-delivery to store any user data, communications or personalized setting or loss of user data.

Use Of The Services

You will not prepare the replica of our product and or use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the product and Content, except as expressly permitted by us or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

We will not be liable on account of any inaccuracy of information on this web Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download, publish, modify and distribute material on this site unless specifically authorized by us in this regard

Users will not use the Services, if any applicable law in their State prohibits them from doing so and or have not previously been their right to use the Services because of suspension or termination.

You agree to release us, our parent companies, subsidiaries, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the Services or object to any Content, your sole remedy is to cease using them.

Additional Services:

The Services are a digital money management service that allows registered users to organize, consolidate, manage and track their financial information. From time to time PFM Verify may modify the Services and add, change, or delete features of the Services, in its sole discretion, without notice to you.

You agree to provide accurate, current and complete information about yourself while registering for the Services and to maintain and update this information to keep it accurate, current and complete. You agree to not misrepresent your identity or your registration and account information. Failure to provide accurate and complete information during registration or account setup may prohibit your use of the Services or result in errors in information generated.

You are solely responsible for (a) maintaining the confidentiality and security of your login information, passwords, and any other security or access information used by you or anyone you authorize on your behalf to access the Services (collectively, "Account Information"), (b) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Services (collectively, "Account Data"), (c) all electronic communications, including account registration and other account holder information, email and financial, accounting and other data entered using the Account Information ("Communications"), and (d) without limiting the foregoing, any and all activities that occur under your account. PFM Verify shall assume that any Communications received through use of the Account Information were sent or authorized by you. You agree to immediately notify PFM Verify if you become aware of any loss, theft or unauthorized use of any Account Information. We reserve the right to deny you access to the Services (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Account Information has occurred. You must inform PFM Verify of, and hereby grant to PFM Verify and its affiliates, third-party providers, partners, licensors, employees, distributors and agents permission to use the Account Information to enable PFM Verify to provide the Services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services PFM Verify may provide to you in the future.

PFM Verify may use, modify, display, distribute and create new materials using the Account Information, Account Data and/or your Communications to provide the Services to you. By submitting Account Information, Account Data and Communications, you agree that PFM Verify may use your Account Information, Account Data and Communications for the purposes set out herein, without any particular time limit.

Anonymous, aggregate information that does not contain personally identifiable information, comprising financial account balances, other financial account data, or other available data that is collected through users' use of the Services, may be used or licensed by PFM Verify for various purposes including but not limited to conducting certain analytical research, performance tracking, benchmarking helping to improve products and services and to assist in troubleshooting and technical support.

To the extent that a user requests customer service or other assistance from PFM Verify, you agree that PFM Verify is authorized to access and view your account information to provide such assistance and support.

Provider Services

Any and all contents and services (including advertising) within PFM Verify that are not owned by PFM Verify are "third-party content and services." PFM Verify acts merely as an intermediary service provider of, and accepts no responsibility or liability for third-party Content and services.

In connection with your use of the Services and as part of the functionality of the Services as may be applicable, you may have access to certain online services or information that may be made available by your bank and/or other third party provider(s) ("Provider Services"), including online banking, online payment, online investment account download, online bill pay, online trading, and other account information available from third party provider(s). The Services may be designed to allow access to Provider Services (if and to the extent provided by users' provider(s)) to set up banking and other information, schedule the Services to access user account(s), download transactions into the Services and otherwise aggregate information from user account(s) with third party provider(s). PFM Verify has no control over the provision of Provider Services or provision of access to the Provider Services by users' provider(s). PFM Verify does not guarantee the Provider Services. You agree that you may be able to use the Services in conjunction with the Provider Services, and that PFM Verify disclaims any and all liability whatsoever for any actions or inactions on the part of your provider(s) resulting in any inability to use the Services to access accounts, obtain data, download transactions, or otherwise use or access the Provider Services.

You acknowledge and agree when you access data and information through the Services, third party provider account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in your user account(s) with such provider(s) such as bank and other account balances, credit card charges, debits and deposits as may be applicable (collectively, "Provider Account Data"), may be collected and stored in the Services. You expressly authorize PFM Verify and our third party providers, in conjunction with the operation and hosting of the Services, to use certain Provider Account Data to (i) collect Provider Account Data, (ii) reformat and manipulate such Provider Account Data, (iii) create and provide hypertext links to provider(s), (iv) access the providers' websites using Provider Account Data, (v) update and maintain account information, (vi) address errors or service interruptions, (vii) enhance the type of data and services we can provide in the future, and (viii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vii) above. In accessing and using the Services you represent that you are the legal owner of the Provider Account Data and that you have the authority to appoint, and do expressly appoint, PFM Verify or our third party providers as your agent with limited power of attorney to access and retrieve Provider Account Data on your behalf.

You further acknowledge that PFM Verify does not (nor do our third party providers), review Provider Account Data and you agree that we are not responsible for its completeness or accuracy. Any transactions or informational activities performed at any provider's website are not made through the Services and PFM Verify assumes no responsibility for such transactions or activities. You acknowledge that you are solely responsible for any charges associated with provider(s). YOU ACKNOWLEDGE AND AGREE THAT WHEN PFM VERIFY OR ITS THIRD PARTY PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM USERS' PROVIDERS, PFM VERIFY AND ITS THIRD PARTY PROVIDERS ARE ACTING AS USERS' AGENT, AND NOT THE AGENT OR ON BEHALF OF PROVIDERS.

You further acknowledge and agree that (i) some providers may not allow the Services to access the Provider Services, (ii) providers may make changes to their websites, with or without notice to PFM Verify, that may prevent or delay aggregation of information from such websites, and (iii) the Services may "refresh" the Provider Account Data by collecting the Provider Account Data nightly

, so your most recent transactions may not be reflected in any account balances or other account information presented to users in the Services. In the event that you see a discrepancy in the Provider Account Data, and in any case before making any transactions or decisions based on such account information presented in the Services, you agree to check the last refresh date for the account and confirm with that applicable provider that the Provider Account Data is correct or otherwise confirm that Provider Account Data is up to date and accurate.

Third-Party Links, Content And Services

Any and all contents and services (including advertising) within these services that are not owned by us and are "third-party content and services." We act merely as an intermediary service provider of, and accepts no responsibility or liability for third-party Content and services.

We do not control and are not responsible for e-mails sent from outside our domains or other means of electronic communication. You acknowledge and agree that you are responsible and bear all risks associated with the use of our Services, and that under no circumstances will we be liable in any way for any loss or damage of any kind incurred as a result of our Services.

Ownership and Intellectual Property

The Website and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of ours and its licensors. This service and its licensors reserve all rights in and to the Website not expressly granted to you herein. There are no implied licenses herein. All suggestions or feedback provided by you to us with respect to the Website shall be our property. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you.

This Website, and all other Content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the United States.

You acknowledge and agree that this Services owns, controls or is licensed all legal rights, title and interest in and related to the Website, including all intellectual property rights.

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at [email protected]

You acknowledge that all intellectual property rights, including without limitation, copyrights, patents, trademarks, and trade secrets, in the Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by this service or its affiliates or our licensors. Your possession, access, and use of the Website, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. This service and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.

You may not use the Content of the Services in any other public or commercial way nor may you copy or incorporate any of the Content of the Services into any other work, including your own website without the written consent from us . You must have a license from us before you can post or redistribute any portion of the Services.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

California Consumer Privacy Act.

For Californian residents and the purposes of the California Consumer Privacy Act, this service shall act as a Third Party and/or Business, as applicable. Where this service acts as a Third Party, you acknowledge and agree that all Personal Information provided or otherwise made available to this service is done so in compliance with applicable law of the State, and that you have provided all necessary and appropriate opt-outs and notices, and otherwise have all appropriate and necessary rights, to enable this service to (i) share any and all Personal Information you provided to any of our partners, including our parent companies, subsidiaries, affiliates, or related website properties, and (ii) use any such Personal Information in connection with any and all of Our Companies’ internal operations and functions. The parties agree that the sharing of Personal Information between our subsidiary, affiliates does not constitute a “sale” of such Personal Information under the CCPA.

Limitation of Liability

IN NO EVENT SHALL OUR SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE DEVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE(INCLUDING YOUR SMARTPHONE), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCT AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUR SERVICE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT OUR SERVICE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY OUR SERVICE FROM ITS FACILITIES IN UNITED STATES. OUR SERVICE MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

THIS SERVICE AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SERVICE OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THIS SERVICE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF THIS SERVICE.

Warranties

YOUR USE OF OUR, WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE SERVICE NOR ANY PERSON ASSOCIATED WITH THE SERVICE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE SERVICE NOR ANYONE ASSOCIATED WITH THE SERVICE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF THIS SERVICE AND IT CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Electronic Communications

By registering for a subscription or membership, you consent to receive communications from us electronically and agree to be added to our customer email list, as well as our SMS text message customer list. We may communicate with you by email, text message, by posting notices on the Website, by delivering notifications through our mobile applications or through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may send you email newsletters on a variety of topics, and may send you emails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may start or stop receiving such emails at any time by sending an email to an account that shall be designated for that purpose. Additionally, even if you opt-out of marketing emails, if you are registered or have requested that we contact you about our products or services, you authorize us to send you important notices about the products or services and any pending transactions to any email address you provide to us. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

Offers from Third Parties

While you are on the Sites, or otherwise in connection with, or arising out of, your purchase of or viewing of our Products, you may receive offers from third parties that are unrelated to the Company. You do not have to accept those offers to enroll in any of the Products or to use or accept the Products. However, if you do accept any third-party offers, or visit any websites regarding such offers, you do so subject to the Terms and Conditions (sometimes also referred to as Terms of Use or Terms of Site) and the Privacy Policies of those offers and sites. You acknowledge and agree that the Company has no control over, or responsibility or liability for, any offer, statement, or representation by, or any other matter connected to or associated with, such third-party offers or websites.

FCRA Disclosures

YOU UNDERSTAND THAT IT MAY BE A VIOLATION OF FEDERAL AND/OR STATE LAW FOR YOU TO OBTAIN A CREDIT REPORT ON ANY PERSON OTHER THAN YOURSELF, AND THAT UNDER THE FCRA, ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN TWO YEARS, OR BOTH. The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from consumer reporting agencies for a reasonable charge. A full disclosure of information in your file at the three national credit repositories must be obtained directly from the repositories by contacting: Experian: 1-888-397-3742 Equifax: 1-800-685-1111 TransUnion: 1-800-916-8800 The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances: • You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification. • You are a recipient of public welfare assistance. • You have reason to believe that your file at the consumer reporting agency contains inaccurate information due to fraud. • You have been denied credit, insurance, or employment within the past 60 days as a result of your consumer report. The FCRA also permits consumers to dispute inaccurate information in their consumer report without charge. Accurate information cannot be changed. You do not have to purchase your consumer report from the Sites to dispute inaccurate or incomplete information in your credit file maintained by the CRA Repositories. The FCRA allows consumers to get one free comprehensive disclosure of all the information in their credit file from each of the Repositories once every 12 months through a central source. Although comprehensive, the credit reports from each of the Repositories that are available through the Sites may not have the same information as a credit report obtained directly from the Repositories or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com or call 1-877-322-8228. Credit reports available through the Sites are not related to the free FCRA disclosure that you are, or may be, entitled to. Version 7.0 Last Updated June 23, 2021 11 | P a g e The credit report you are requesting from the Company through the Sites is not intended to constitute the disclosure of Experian, Equifax, or TransUnion information required by the FCRA or similar state laws. Consumers may have additional rights to receive free or reduced-cost credit reports based on applicable state law.

Termination

This service reserves the right, in its sole discretion, to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.

Entire Agreement/ Severability

These Terms of Service constitutes the entire Agreement between You and this service, in relation to Your use of the our Product, Website and/ or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Service are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Service, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and this service relating to this subject matter, and cannot be changed or terminated orally.

Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of this service, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

Non-waiver

Failure by either Us or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Indemnification

You agree to defend, indemnify and hold harmless us and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any content to, on or through our Website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Force Majeure

This service shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Governing Law And Arbitration

Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of United States, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of California. Therefore, you agree that: (i) the Service shall be deemed solely based in California and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.

Arbitration Procedures:

Administrator. The administrator for the arbitration is the American Arbitration Association ("AAA"), a non-profit organization that is not affiliated with this service. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA's roster of neutral arbitrators. For information on the AAA, please visit its Website, https://www.adr.org. Information about the AAA's rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/Rules.

Applicable Rules. The arbitration will be governed by the AAA's Consumer Arbitration Rules (the "AAA Rules"), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules

Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defence.

Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or e-mails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or e-mail. Ex parte communications are not permitted with any arbitrator.

Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

Miscellaneous Terms

These Terms and Conditions constitute the entire agreement between you and us relating to the Sites and the Products and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Sites and the Products and any other subject matter covered by these Terms and Conditions. Our failure to exercise or enforce any right under, or provision of, these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions will remain in full force and effect. You may not assign these Terms and Conditions or any of your rights or obligations under the Terms and Conditions. These Terms and Conditions may be assigned by us and will inure to the benefit of our successors, assignees, and licensees. The section titles and headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. All of the Company's Providers are third-party beneficiaries with respect to the provisions in these Terms and Conditions that reference them. All provisions in these Terms and Conditions that by their nature would survive termination or expiration of your access to the Sites or the Products subscription (including, but not limited to, those related to limits on our and our Providers' liability, your liability to us and our Providers, investigations, applicable law and venue, and our right to remove and discard your content from the Products) will survive such termination or expiration. In the event of cancellation, termination, or cessation for any reason of your membership in any of the Products, the introductory paragraph of this Agreement will survive. In the event of a conflict between any other notice, policy, disclaimer, or other term contained in this website, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions

If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at [email protected]