This eCredable Membership Terms and Conditions Agreement (“Agreement”) is between eCredable.com, LLC (“eCredable”) and the individual who has, by selecting “I Agree,” indicated that he or she has carefully read and accepts this Agreement (referred to herein as an “eCredable Member” or “You”). This Agreement describes the terms under which you may use this website (“Website”) and access the eCredable Products, Services, and functionality (“Products”) by becoming an eCredable Member. By checking the “I Agree” box below, you agree to comply with and be bound by all the terms of this Agreement.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON AT LEAST EIGHTEEN (18) YEARS OF AGE, THAT YOU ARE A UNITED STATES NATIONAL OR YOU POSSESS A VALID SOCIAL SECURITY NUMBER OR AN INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER (ITIN), THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT.
SHOULD YOU NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST NOT SELECT “I AGREE” AND YOU WILL NOT RECEIVE THE PRODUCTS. eCredable MAY CHANGE THIS AGREEMENT AND eCredable’s PRIVACY POLICY FROM TIME TO TIME, AND POST THOSE CHANGES ON THIS WEB SITE. YOUR CONTINUED USE OF THIS WEBSITE OR USE OF PRODUCTS AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES.
- Becoming an eCredable Member.
To become an eCredable Member and to receive Products, you must first join eCredable. Joining eCredable constitutes your “Membership,” as described herein. You may register for Membership at the eCredable Website and create your online eCredable profile (Profile) by fully and accurately completing the “Registration Form” located on this Website, and by providing eCredable with fully accurate personal information as eCredable may reasonably require, including without limitation your name, address, telephone number, email address, date of birth, valid Social Security Number, Individual Taxpayer Identification Number (ITIN), or other personal information to verify your identity as well as financial information such as your credit or debit card number.
- Provide Accurate Information.
You agree to provide true, accurate, current and complete information about yourself, your bill payment accounts and payment histories, credit or debit card accounts, other credit accounts maintained at other websites, rental payment history and related information (“Account(s)”); and you agree to not misrepresent your identity or the Account information that you provide to eCredable. You affirm that You have the legal and financial responsibility for the Account(s) that you provide to eCredable and you agree to keep your Account information up to date and accurate.
- Proprietary Rights.
eCredable’s systems and all information accessed through eCredable is eCredable’s proprietary information. eCredable grants you the limited right to use any content delivered to you through eCredable only on eCredable. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the eCredable technology, including but not limited to, any Java applets associated with eCredable. Other than the licenses provided herein, there are no implied licenses under this Agreement. All rights not expressly granted herein are reserved.
eCredable and all of its product names are trademarks or service marks of eCredable or its affiliates (collectively, the “Marks”). No right or license to use the Marks is granted under this Agreement, except that you shall have the limited right to use the Marks solely as they appear in the Products. You shall not remove, alter, or obscure any Marks or proprietary notices contained in the Products or other materials provided by eCredable..
- Content You Provide.
You are giving to eCredable, and its service providers and/or technology providers ("Service Provider") that eCredable uses in the delivery of our Products to you, the perpetual right to any data, passwords, information, materials, Account information or other content that you provide through or to eCredable, or that you have authorized eCredable to acquire on your behalf (collectively, "Content"). eCredable and Service Provider may use, modify, display, distribute and create new material using such Content to provide Products to you. By submitting Content, you automatically agree, or promise that, as the owner of such Content, without any particular time limit, and without the payment of any fees, eCredable and Service Provider may use the Content for the purposes set out above. As between eCredable and Service Provider, eCredable owns the right to your Content.
- Third Party Accounts.
If you choose to link your eCredable Account(s) with third party Service Providers, you authorize eCredable and Service Provider to access third party sites or contact third parties, including landlords or property management companies, designated by you, on your behalf, to register for Accounts that you request, and to retrieve information that you request regarding your Account(s). For all purposes contemplated herein, you hereby grant eCredable and Service Provider a limited power of attorney, and you hereby appoint eCredable and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN eCredable OR SERVICE PROVIDER(S) ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, eCredable AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on your foregoing authorization, agency and power of attorney. You understand and agree that the Product is not endorsed or sponsored by any third party account providers accessible through the Product.
- Sharing Information With Others.
You joined eCredable for the purpose of establishing or enhancing your credit profile. In addition, you authorize us to act on your behalf to furnish your Content to consumer reporting agencies (“CRAs”) for use in their consumer reporting databases for credit reporting purposes, and to share your Content with financial institutions, or other entities as part of the Product provided under this Agreement, who may, at their sole discretion, utilize the data as required for their credit underwriting purposes or other legitimate business reason. You understand that eCredable is not acting as a consumer reporting agency or user of information pursuant to the Fair Credit Reporting Act, but rather is acting on your behalf to request and furnish information as provided in these Terms and Conditions.
If you believe we have furnished inaccurate or incomplete information about you or your Accounts, you must contact us within thirty (30) days of the first time that you become aware of such information at one of the addresses or telephone numbers listed below:
Your Content will be shared automatically once it has been acquired through the Account linking process at your request. You may opt out of future sharing by un-linking your Account(s) or by canceling your Membership. Opting out from future sharing may have an impact on your credit reports and any related scores. NOTE: Depending on the policies of the credit reporting agencies that received your shared information, opting out from future sharing may or may not remove information previously shared about your Accounts from your credit report and related scores.
Information about your Account(s) acquired through the linking process, and reported on your behalf, may not represent all information the Third-Party Service Providers have about your Account(s), the linking process being limited to information the Third-Party Service Provider makes available in your online account. Due to the data reporting requirements of each credit reporting agency, all Account information gathered during the linking process may not be reported to every credit reporting agency.
In order for eCredable to share on your behalf your information with credit reporting agencies with whom we have an active data-sharing relationship, you may be required to have an active file at the credit reporting agency.
Fighting online fraud is a constant and ongoing battle, and a responsibility eCredable takes very seriously. To protect eCredable, our partners, and our eCredable users, we authenticate each new user that enrolls in eCredable. To do this, we work with third parties who use a variety of data sources to assist us in this authentication process. We may also share selected data about you to other companies to improve their ability to fight fraud and identify fraudulent users.
If you unlink your Account(s) or cancel your Membership, eCredable retains the right to store and/or share any information we have obtained or any Content you have provided to eCredable in order to fulfill any applicable obligations under the Fair Credit Reporting Act or other applicable laws and regulations.
- Payment.
You agree that, if you select any eCredable Product for which payment is required, you will timely pay eCredable in advance before receiving such Products, as required, on a monthly or annual basis (as determined by you when you register) and you authorize eCredable to charge the credit or debit card, or other payment method, provided (“Payment Method”) should you choose that method of payment. You are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of Products unless noted otherwise.
- Account and Payment History Verification.
If you create an eCredable Profile with Account information, your Accounts and payment history may need to be verified by an independent third party, or eCredable may need to utilize the services of a third party in order to provide you with Products pursuant to this Agreement. Our verification partners and third-party providers are prohibited from using your personally identifiable information and Content for any other purpose not authorized in this Agreement, including their own marketing, and agree to keep all information confidential. You agree that eCredable may share your personally identifiable information, Account information and Content, as needed, to provide you with Products pursuant to this Agreement.
- Scores.
You understand and agree that, by establishing a credit profile with eCredable, you have provided "written instructions" in accordance with the Fair Credit Reporting Act, for eCredable, and its service providers, on your behalf to obtain your credit score(s) on a recurring basis while you have an account with eCredable. You understand and agree that, pursuant to such authorization, eCredable, and its service providers, may access your credit score(s) and other related information, to, among other things, provide credit scoring, and tracking.
- Term and Cancellation Policy.
The term of this Agreement will continue until terminated, cancelled or not renewed by you or eCredable. eCredable may terminate this Agreement at any time with or without cause. If eCredable terminates this Agreement, it will determine in its sole discretion whether a full or pro-rata refund is warranted, and in what amount. Products provided by eCredable free of charge have no cash or refund value. You may terminate this Agreement at any time upon notice to eCredable with or without cause. If this Agreement has not been terminated, it shall automatically renew annually on the anniversary date of the start of your Membership (“Renewal Date”), and you shall pay any required corresponding fees as published by eCredable from time to time.
Upon cancellation of your Membership, your account will be closed and you will forfeit all benefits of eCredable Membership for the remainder of your paid term. You will not be entitled to a refund or transfer of any unused months of membership. If you have linked any Accounts, eCredable will discontinue the download of payment history and sharing of your Account(s) to consumer CRAs and/or financial institutions or other entities pursuant to Section 6 herein.
When your Payment has been processed, your order is non-refundable, and you authorize eCredable to charge your Payment Method annually on your Renewal Date, unless you terminate your Membership at least ten (10) days prior to your Renewal Date or eCredable terminates your Membership.
If your Payment Method becomes invalid for any reason, you must notify us immediately. If eCredable is notified that your Payment Method declined payment, eCredable will notify you via email. From the date that your payment was declined, you have 28 days from the date of that notice to resolve the problem with your Payment Method before we attempt to process your payment again. If we still receive an error when trying to process your Payment, we will terminate your eCredable Membership and send you an email advising you of such termination.
Deleting all of your Accounts does not cancel your Membership. If you wish to cancel your Membership, you must login and cancel your Membership within your online eCredable Profile.
- Electronic Communications
You consent to receive electronic written communications from eCredable via email or standard text messaging (SMS) (“Text Messages”). The communications covered by your consent may include, but are not limited to, (i) updates related to your eCredable profile, (ii) Account information or updates, (iii) any disclosure required by federal, state, or local law, (iv) other disclosures, notices, or communications in connection with the application for, the opening of, terms of, maintenance of, or collection of an Account, and (v) any other agreements or other information relating to additional products or services you may elect to receive from us.
You understand that electronic communications sent over the internet are not encrypted. and may be read by others who have access to your email account or device. You should not send sensitive or private information through email or text messaging that you would not want to be read by others.
You understand that your cell phone service provider may charge you for sending and receiving Text Messages, that this is between you and your cell phone service provider.
You agree to notify eCredable immediately if your email address or text number changes. Until you do, eCredable will assume that any email or text messages we receive from your registered email address and/or text number are from you.
If you do not wish to receive Text Messages you may withdraw your consent at any time. You may opt out of receiving Text Messages from your mobile device by selecting STOP from any Text Message you receive from eCredable. Alternatively, you may opt out or opt in to Text Messages by logging in to Settings in your online eCredable profile; select SMS Messages, select Opt Out or Opt In. You will continue to receive other electronic communications as necessary to maintain your eCredable account.
- Privacy Policy.
eCredable’s Privacy Notice is located on the eCredable Website and is incorporated by reference into this Agreement. You may review eCredable’s Privacy Notice at any time by visiting www.ecredable.com. By accepting the terms of this Agreement, you agree to the terms of eCredable’s Privacy Notice and agree to access eCredable’s Privacy Notice at least once annually.
- Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF eCredable AND ALL INFORMATION, PRODUCTS, SERVICES, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM eCredable IS SOLELY AT YOUR OWN RISK. THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
eCredable ON ITS OWN BEHALF AND ON BEHALF OF ITS SERVICE PROVIDER(S), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE PRODUCTS AND ALL INFORMATION, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM eCredable, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE, INCLUDING, WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF THE PRODUCTS, THAT THE PRODUCTS WILL MEET YOURS OR THE END USER’S NEEDS, OR THAT THE PRODUCTS WILL BE PROVIDED ON AN UNINTERRUPTED BASIS OR FREE FROM DISABLING DEVICES. eCredable EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- Limitation of Liability.
YOU AGREE THAT NEITHER eCredable NOR ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, LICENSEES, AND EMPLOYEES; OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES OF THE FOREGOING, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF eCredable OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT; (ii) THE COST OF GETTING SUBSTITUTE PRODUCTS, (iii) ANY PRODUCTS, DATA, OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM eCredable; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE EMPLOYED OR CONTRACTED WITH eCredable; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES OR (vii) ANY OTHER MATTER RELATING TO THE PRODUCTS. IN NO EVENT SHALL THE TOTAL LIABILITY OF eCredable UNDER THIS AGREEMENT OR REGARDING PRODUCTS EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE TOTAL AMOUNT YOU HAVE PAID TO eCredable FOR PRODUCTS.
- Indemnification.
You agree to indemnify, hold harmless, protect and fully compensate eCredable and its officers, directors, agents, subsidiaries, affiliates, joint ventures, licensees, employees, Service Provider(s) and their affiliates, and any third party beneficiaries, from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Products, your violation of the terms of this Agreement, or your infringement, or infringement by any other user of your Membership, of any intellectual property, your violation of any law or regulation, or other right of anyone. agree to protect and fully compensate eCredable and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Products, your violation of the terms of this Agreement, or your infringement, or infringement by any other user of your Membership, of any intellectual property or other right of anyone.
- Third Party Beneficiary.
You agree that eCredable’s Service Provider(s) is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider(s) were a party to this Agreement.
- Arbitration.
You agree that any dispute, controversy or claim arising out of, or relating to, this Agreement or the Products shall be settled by confidential arbitration in Wilmington, Delaware in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and that arbitrator may grant injunctions or other relief in such dispute or controversy. The parties will mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA will select the arbitrator from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any State or Federal court located in Wilmington, Delaware. Although the cost of the arbitrator will be borne by eCredable, all other expenses of arbitration will be paid by the party who incurred them. These expenses are not part of the Product Guarantee. You further agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
- Jurisdiction and Venue.
Subject to Section 16, any action related to this Agreement shall be governed by the substantive laws of the State of Delaware, without regard to conflicts of laws principles.
- General.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of eCredable. Any purported assignment without such permission shall be void. Any waiver of any rights of eCredable under this Agreement must be in writing, signed by eCredable, and any such waiver shall not operate as a waiver of any future breach of this Agreement. You also agree to receive all required “written” notifications via electronic format, to include such items which may be presented to you from time to time by eCredable or others associated with this Agreement. In the event that any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Products and the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect hereto.