TERMS OF USE

Last Updated: February 6, 2018

These Terms of Use ("Terms of Use") apply to all transactions between you and CheckFreeScore.com, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) ("CheckFreeScore.com", "we" or "us"). Notwithstanding any language in the Terms of Use to the contrary, the Terms of Use have the same effect as an agreement in writing and govern your use of this website, checkfreescore.com, and its content (the "Website"), your engagement of CheckFreeScore.com's services (as defined below, the "Services"), and/or your request that CheckFreeScore.com contact you about its Services.

BY USING THE WEBSITE AND THE SERVICES AND/OR REQUESTING THAT CheckFreeScore.com CONTACT YOU ABOUT ITS SERVICES, YOU AGREE TO THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE OR SERVICES OR ANY INFORMATION CONTAINED ON THIS WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEBSITE AND SERVICES FOLLOWING THE CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.

You are responsible for regularly reviewing the Terms of Use, by clicking on the "Terms of Use" link at checkfreescore.com. The Terms of Use may be supplemented by additional terms and conditions applicable to privacy, specific areas of the Website, or to where particular content or transactions are posted in particular areas of the Website and, together with the Terms of Use, shall govern your use of those areas, content, or transactions.

INDEX

  1. No Professional Advice
  2. Services.
  3. Registration.
  4. Your Account.
  5. FCRA Disclosures
  6. Billing.
  7. Electronic Communications.
  8. Website Licenses.
  9. Ownership.
  10. User Content License.
  11. Endorsements.
  12. Accuracy of the Information.
  13. Linking to this Website.
  14. Monitoring.
  15. Third Party Websites.
  16. Minors.
  17. Child Online Protection Act.
  18. Access and Interference.
  19. Force Majeure.
  20. Disclaimers.
  21. Limitations of Liability.
  22. Indemnification.
  23. Termination.
  24. Disputes; Arbitration.
  25. General Provisions.
  26. Privacy.
  27. DMCA.
  28. Software Terms.
  29. Contact Information.
  30. Notice to California Residents.

1. INFORMATIONAL PURPOSES; NO PROFESSIONAL ADVICE.

THE INFORMATION, CONTENT AND MATERIALS CONTAINED AT AND WITHIN THE WEBSITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT MEANT TO BE A SUBSTITUTE FOR PROFESSIONAL COUNSELING AND/OR ADVICE FROM CERTIFIED LEGAL OR FINANCIAL PROFESSIONALS. FOR SPECIFIC ADVICE REGARDING YOUR PARTICULAR SITUATION, YOU MUST SEEK ADVICE FROM QUALIFIED LEGAL, TAX OR FINANCIAL ADVISORS. CheckFreeScore.com is not a credit repair organization, credit counselor, or financial or legal advisor as defined under federal or state law. Use of our Services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating. Additionally, we do not guarantee that the information we present as part of our Services, including credit report or credit score information, is the same information that may be used or reviewed by a third party to assess your creditworthiness or eligibility for any particular product or service or for employment. CheckFreeScore.com does not represent or guarantee the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website.You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. CheckFreeScore.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.

2. SERVICES.

The Website gives users general educational and informational resources about credit, information about the Services, and the ability to sign up for and engage CheckFreeScore.com for its Services. "Services" shall mean all products and services owned and operated by CheckFreeScore.com, including the content, features, tools, data, software and functions made available by CheckFreeScore.com through checkfreescore.com, our mobile applications, and other websites and applications we operate. As of the effective date of these Terms of Use, the Services offered include: credit and score reporting, credit monitoring, identity monitoring, fraud resolution, consumer data reports, criminal history report, sex offender reports, and credit alerts. Some Services that CheckFreeScore.com offers may be provided by third party providers, including but not limited to CSIdentity Corporation ("CSID"), Experian ("EXP") and/or TransUnion Interactive ("TUI").

CheckFreeScore.com may, at its discretion, modify or discontinue any of the Services or a portion thereof, with or without notice. You agree that CheckFreeScore.com will not be liable to you or any third party for any modification or discontinuance of any of the Services. Your continued use of the Services, or your failure to terminate your membership, after any such modifications have been made to the Services, will constitute your acceptance of those modifications.

3. REGISTRATION.

To access certain areas or features of the Website and to participate in the Services, you will be required to register as a member of CheckFreeScore.com and to provide certain information about yourself. To register, you must be eighteen (18) years of age or older and have a valid U.S. Social Security number. You are only allowed to sign up for yourself, and you agree to provide complete, accurate and current information, and to update this information when it changes. We do not permit any person to sign up for the Services on behalf of another person unless you have an appropriate Power of Attorney. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete,we may, in our sole discretion, suspend or terminate your membership and refuse current or future access to the Website or Services. Further, you agree that CheckFreeScore.com will not be liable to you or any third party in the event that we suspend or terminate your access to the Services for any reason. In the event the terms and conditions contained herein these Terms of Use conflict with the terms and conditions of any membership or other agreement you enter into to receive Services, the terms and conditions of such agreement to receive Services will govern and control.

Should CheckFreeScore.com provide to you, or allow you to create a username and/or password which grants you to access certain parts of the Website and Services, you will be solely responsible for maintaining the confidentiality of the username, password and your account information, and are fully responsible for all activities, including electronic communications, that occur under and on behalf of your account. You agree that you will immediately notify us of any unauthorized use of your password or account, or any other suspected breach of security, and that you will log off of the Website and Services at the end of each session to prevent fraud on your account by third parties. The Website and Services are not intended for use by children under the age of 18. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

4. YOUR ACCOUNT.

When you register as a member, you authorize CheckFreeScore.com to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy as part of providing our Services (collectively, such information is your "Member Profile.").

By registering, you also specifically consent to let us request and receive your consumer credit reports and other information and data about you from the three national credit reporting agencies (i.e. Equifax, Experian, TransUnion) to include in your Member Profile. The credit reports are intended to furnish you with information that you may not otherwise have readily available to you, but should not be relied upon for important personal and financial decisions.

Further, by registering, you are providing specific "written instructions" in accordance with the Fair Credit Reporting Act and other applicable law, for CheckFreeScore.com and its respective employees, agents, subsidiaries, affiliates, contractors, and data and service providers, to provide your personally identifiable information to, and request and receive copies of consumer reports, scores and other data and information about you from, third parties, including, but not limited to, Equifax, Experian and TransUnion, and affiliated entities. You understand that you are authorizing CheckFreeScore.com and its affiliated companies to obtain such information at any time for as long as you have a registered CheckFreeScore.com account to use as described in the Terms of Use.

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 CREDIT REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN 2 YEARS, OR BOTH.

5. FCRA DISCLOSURES

The Fair Credit Reporting Act ("FCRA") allows you to obtain from each national credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through the Website or Services are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.

Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies (i.e. Experian, Equifax and TransUnion).

To obtain the free reports, you can:

  • Call 1-877-322-8228;
  • Order online at www.annualcreditreport.com; or
  • Complete the Annual Credit Report Request Form, available at www.ftc.gov/credit, and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281

You are also entitled to receive a free copy of your credit report from a credit reporting agency if:

  • You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
  • You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
  • You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
  • You certify in writing that you are a recipient of public welfare assistance.
  • You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.

The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from CheckFreeScore.com to dispute inaccurate or incomplete information in your credit file maintained by the credit reporting agencies.

Any Credit Report you are request from CheckFreeScore.com is not intended to constitute the disclosure of information required by the FCRA or similar state laws.

In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. If you are a resident of Mississippi, then beginning in 2016, you are entitled to free credit reports for three (3) years. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

6. BILLING.

By registering as a member of CheckFreeScore.com, you agree to pay the applicable fees, including setup fees, one time fees and/or recurring membership fees. Applicable fees will be invoiced at the rate and frequency as provided and set forth at the time of purchase.

7. ELECTRONIC COMMUNICATIONS.

By registering with CheckFreeScore.com, 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 e-mail, 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 e-mail newsletters on a variety of topics, and may send you e-mails 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 e-mails at any time by sending an e-mail to an account that shall be designated for that purpose. Additionally, even if you opt-out of marketing emails, if you are a client of CheckFreeScore.com 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 an 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.

8. WEBSITE LICENSE.

As a visitor to the Website and subject to your compliance with these Terms of Use, CheckFreeScore.com grants you a limited, non-exclusive, non-transferable license to access and make personal use of the Website and Services and not to download or modify it, or any portion of it, except with express written consent of CheckFreeScore.com. This license does not include any resale or commercial use of the Website or Services, or its contents, or any use of data mining, robots, or similar data gathering and extraction tools, or any derivative use of the Website or Services, or its contents. The Website and Services or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CheckFreeScore.com without our express written consent. You may not use any meta tags or any other ‘hidden text' utilizing CheckFreeScore.com's names or trademarks without our express written consent. Any permitted use of the Website or Services does not extend to using the Website or Services for any illegal purpose, or to transmit to or through the Website, or to or through any service, any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Services. Any unauthorized or prohibited use of the Website or Services terminates the permission or license granted by CheckFreeScore.com. We may terminate this license at any time for any reason, whatsoever.

9. OWNERSHIP.

All of the content featured, displayed, included in or made available on the Website or through the Services, including without limitation text, graphics, logos, photographs, button icons, images, moving images, sound, illustrations, data downloads, data compilations and software ("Content"), are owned by CheckFreeScore.com, its licensors, vendors, and/or agents and is protected by United States copyright, trademark and/or patent laws. You may not use, copy, reproduce, publish, upload, post, display, perform, transmit, distribute, modify, license, create derivative works from, transfer or sell any of the Content in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without CheckFreeScore.com's prior written consent. CheckFreeScore.com's trademarks and trade dress may not be used in connection with any product or service that is not CheckFreeScore.com's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits CheckFreeScore.com. All copyrights and trademarks not owned by us that appear on the Website or in the Services are the property of their respective owners. We may own patents that apply to the Services and to the features and services accessible via the Website. Portions of the Services or Website may operate under license of one or more patents.

10. USER CONTENT LICENSE.

By using the Website, uploading or submitting material to or for use on the Website, including but not limited to comments, suggestions or feedback, you grant CheckFreeScore.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. You grant CheckFreeScore.com and its sub-licensees the right to use the name that you submit in connection with such material, if we choose. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material is accurate; that use of the material you supply does not violate the Terms of Use and will not cause injury to any person or entity; and that you will indemnify CheckFreeScore.com for all claims arising from the material you supply.

11. ENDORSEMENTS.

CheckFreeScore.com does not endorse any third-party content, including any opinion, recommendation, or advice expressed on or through the Website, and we expressly disclaim any and all liability in connection with any such content. Should you use or rely on such third-party content, data, advertisement, products, goods or services, available or unavailable from, or through any third party, CheckFreeScore.com is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance and you waive the right to bring or assert any claim against CheckFreeScore.com relating to any interactions or dealings with any third-party and release CheckFreeScore.com from any and all liability for or relating to any interactions or dealings with such third-party.

12. ACCURACY OF INFORMATION.

We attempt to ensure that all information is complete, accurate and current. However, we make no representations or warranties as to the completeness, accuracy, reliability, currency of any information or descriptions of products, services or other content of the Website or Services. Additionally, we reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Website or Services, including but not limited to, content or features. We may impose limits on certain features of the Website or Services or restrict your access to part or all of the Website or Services without notice or penalty.

13. LINKING TO THIS WEBSITE.

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.

14. MONITORING.

CheckFreeScore.com has the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content submitted by you or any third party. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Website constitutes consent to such monitoring. Furthermore, we reserve the right at all times to disclose any content or information posted on any portion of the Website as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any content or information, in whole or in part, that in CheckFreeScore.com's sole and absolute discretion are objectionable or in violation of this Agreement. Notwithstanding this right, we are not responsible nor liable for any content or information posted or submitted by you.

15. THIRD PARTY WEBSITES.

The Website may contain links to websites and/or resources that are not owned, operated or controlled by CheckFreeScore.com or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible or liable for the availability of, or any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

16. MINORS.

Children under the age of 18 should not and are not authorized to use the Website or Services hereunder. At various places on the Website, we may ask whether users are under the age of 18. We rely on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.

17. CHILD ONLINE PROTECTION ACT NOTIFICATION.

Pursuant to 47 U.S.C. Section 230(d) as amended, CheckFreeScore.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Net Parents website, http://www.netparents.org/parentstips/browsers.html.

18. ACCESS AND INTERFERENCE.

You are responsible for obtaining at your own expense, all equipment and services needed to access and use the Website and Services, including all devices, internet browsers and internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

19. FORCE MAJEURE.

CheckFreeScore.com shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body, or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

20. DISCLAIMERS.

YOUR USE OF THIS WEBSITE AND THE SERVICES IS AT YOUR RISK. THE CONTENT, FUNCTIONS, INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CheckFreeScore.com, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER CheckFreeScore.com, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.

21. LIMITATIONS OF LIABILITY.

CheckFreeScore.com DOES NOT WARRANT THAT THE WEBSITE AND SERVICES, ITS SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT FROM CheckFreeScore.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL CheckFreeScore.com, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSEES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE AND SERVICES, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT CheckFreeScore.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES. IN NO EVENT SHALL CheckFreeScore.com'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS ($25.00) OR (B) THE AMOUNT YOU HAVE PAID FOR SERVICES IN THE PRECEDING SIX (6) MONTHS OF YOUR CLAIM.

22. INDEMNIFICATION.

You agree to defend, indemnify and hold CheckFreeScore.com, its officers, directors, employees, agents, licensees, successors and assigns, and any affiliated company or individual harmless from any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (i) your breach or violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (ii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iii) your violation of any law, rule or regulation of the United States or any other country; (iv) any claim for damages that arise as a result of any content that you place or post on the Website; or (v) any other party's access and use of the Website with your unique username, password or other appropriate security code. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.

23. CANCELLATION; TERMINATION.

At any time you may terminate your membership with CheckFreeScore.com by calling us at the toll free number (855) 504 5868. If you are not able to contact us via telephone please send your written request to CheckFreeScore.com, 5100 Buckeystown Pike Suite 250 Frederick, MD 21704. You cannot cancel via email or through alternate messaging platforms including but not limited to bug requests and payment inquiries submitted in customer portal. We do not provide pro-rated refunds.

We may suspend or terminate your membership or your use of this Website or Services at any time, for any reason or for no reason. We may also block your access to our Website or Services in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. If you become dissatisfied with the Website, your only recourse is to immediately discontinue use of the Website. Upon cancellation or termination, all rights granted to you will automatically terminate and immediately revert to CheckFreeScore.com and its licensors.

24. DISPUTES; ARBITRATION.

EXCEPT AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST CheckFreeScore.com IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST CheckFreeScore.com IN ANY JURISDICTION IN THE UNITED STATES. CheckFreeScore.com AND YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

Any Claim relating to the use of the Website and Services and/or in your requesting CheckFreeScore.com to contact you about Services, is governed by the laws of the state of Maryland. A "Claim" is any case, controversy, dispute, tort, disagreement, lawsuit, legal action, or claim now or hereafter pending between you and CheckFreeScore.com, including but not limited to any alleged state or federal statutory violation, or any dispute over the interpretation of the Terms of Use or the arbitrability of any Claim pursuant to the Terms of Use.

Any Claim now or hereafter pending between you and CheckFreeScore.com relating in any way to your use of the Website or any Services shall be resolved by binding arbitration as described in this section, rather than in court, except that (i) you may assert claims in a small claims court that is a state court in Maryland if your claims qualify and (ii) you or we may bring suit in any state or Federal court in Maryland, submitting to the jurisdiction of such court and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights. The parties understand and agree that either party may bring claims against the other only in his/her or its individual capacity and not as a class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to CheckFreeScore.com, Attn: Business & Legal Affairs; info@checkfreescore.com.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You agree that the Terms of Use involves commerce under 9 U.S.C. §§ 1 et seq. and that this arbitration clause is governed by Federal law, including the Federal Arbitration Act. CheckFreeScore.com will not seek attorneys' fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If for any reason a claim proceeds in court rather than in arbitration, CheckFreeScore.com and you each waive any right to a jury trial, and such claims shall be brought exclusively in the state or Federal courts of Maryland.

25. GENERAL PROVISIONS.

If any provision of these Terms of Use are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements, including membership and other related client agreements, may be automatically assigned by CheckFreeScore.com in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that any cause of action arising out of or related to the Website, Services or these Terms of Use must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of this Agreement. If any provision of these Terms of Use are in conflict with any term or condition as set forth in a membership or other client related agreement, the terms and conditions of the membership or client related agreements shall control.

26. PRIVACY.

We may collect, process and transmit certain data obtained from and about you in the course of your accessing the Website or during a phone consultation, including information collected in the course of an abandoned transaction. We maintain the privacy of your information as set forth in our Privacy Policy and we process your personal data in compliance with all relevant laws and codes of practice.

27. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE.

In operating the Website, we may act as a "services provider" (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available while using the Website. CheckFreeScore.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of CheckFreeScore.com or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Use. If you believe any material available via the Website or Services infringes, specifically or generally upon a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing upon said copyright, and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is info@checkfreescore.com.

28. SOFTWARE TERMS.

The following additional terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Website and Services (the "Software"):

  • Use of the Software. You may use the Software solely for purposes of enabling you to use and enjoy the Website and Services as provided by CheckFreeScore.com, and as permitted by these Terms of Use. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sublicense the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing any Software and we may terminate your right to use any Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of these Terms of Use. Additional third party terms contained within or distributed with certain Software may apply to that Software (or software incorporated with the Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All Software used in the Website or any Service is the property of CheckFreeScore.com or its software suppliers and protected by United States and international copyright laws.
  • Use of Third Party Services. When you use the Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  • No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.
  • Updates. In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  • Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Software. If you are a U.S. Government end user, we are licensing the Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under these Terms of Use.

29. CONTACT INFORMATION.

If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we encourage you to contact us via written correspondence to: info@checkfreescore.com.

30. NOTICE TO CALIFORNIA RESIDENTS.

Under California Civil Code Section 1789.3, California residents are entitled to additional specific consumer rights information. To file a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at CheckFreeScore.com, 5100 Buckeystown Pike Suite 250 Frederick, MD 21704, (855) 504 5868, info@checkfreescore.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.