Last Updated November 11, 2010
IMPORTANT! USE OF THIS
WEBSITE IS SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND DISCLAIMERS (“Terms
of Use”). IF YOU DO NOT AGREE WITH
THEM, PLEASE DO NOT USE THIS WEBSITE.
PURCHASERS OF OUR
SOFTWARE ARE ALSO SUBJECT TO THE TERMS AND CONDITIONS OF THEIR RESPECTIVE
END-USER LICENSE AGREEMENTS. In the
event of any conflict between these Terms of Use and any End User License
Agreement, the End User License Agreement shall control.
1. The works of authorship on
this website are solely the property of Credit Umbrella, Inc. (“Credit Umbrella”, “us” or “we”) and/or
its suppliers, which retains all rights thereto. TurboScoreTM, Turbo ScoreTM, Turbo Score SoftwareTM, Credit UmbrellaTM , Credit Dispute ManagerTM,
addressdetectTM, MyCreditUmbrellaTM, Dispute ManagerTM,
Credit Report DashboardTM, If You
Can Click It...You Can Fix It!TM and the
CreditUmbrella logo are all trademarks of Credit Umbrella. Adobe® AIR™. Copyright © 2007 – 2008. Adobe Systems Incorporated. Adobe and Adobe AIR are either
trademarks or registered trademarks in the United States and/or other
countries. All rights
reserved. Other trademarks or service marks which
you may encounter on this website are the property of third parties.
2. DISCLAIMERS. Credit Umbrella is not a Credit Repair Organization nor a law firm, and provides no credit
repair services or financial or legal advice. WE MAKE NO REPRESENTATION, WARRANTY OR
PROMISE AS TO ANY PARTICULAR OR GENERAL OUTCOME RESULTING FROM YOUR USE OF OUR
PRODUCTS OR THIS WEBSITE. THERE
IS NO GUARANTEE THAT YOUR CREDIT SCORE, CREDIT HISTORY, CREDIT RECORD OR CREDIT RATING WILL BE IMPROVED. TESTIMONIALS OR OTHER
ENDORSEMENTS FOUND ON THIS SITE OR IN CREDIT UMBRELLA’S ADVERTISEMENTS MAY NOT
BE INDICATIVE OF TYPICAL RESULTS AND YOUR RESULTS MAY VARY. WE ARE NOT ASSOCIATED
WITH, AND ARE NOT ENDORSED BY ANY CREDIT BUREAU OR CREDITOR, including but not
limited to Equifax, Experian, Trans Union or annualcreditreport.com, except as
you may experience as advertisers on our website, and no rights are granted
regarding their trademarks, domain names or other intellectual property. No consumer has the right to have
accurate, current, and verifiable information removed from their Credit Report. This website provides certain
information about the law. But
legal information is not the same as legal advice -- the application of law to
an individual's specific circumstances. We recommend you consult a lawyer if you want legal advice applicable to
your situation.
3. DISCLOSURES - Consumer Credit File Rights Under State
and Federal Law
You have a right to dispute inaccurate
information in your credit report by contacting the credit bureau directly.
However, neither you nor any ''credit repair'' company or credit repair
organization has the right to have accurate, current, and verifiable
information removed from your credit report. The credit bureau must remove accurate,
negative information from your report only if it is over 7 years old.
Bankruptcy information can be reported for 10 years.
You have a right to obtain a copy of your
credit report from a credit bureau. You may be charged a reasonable fee. There
is no fee, however, if you have been turned down for credit, employment,
insurance, or a rental dwelling because of information in your credit report
within the preceding 60 days. The credit bureau must provide someone to help
you interpret the information in your credit file. You are entitled to receive
a free copy of your credit report if you are unemployed and intend to apply for
employment in the next 60 days, if you are a recipient of public welfare
assistance, or if you have reason to believe that there is inaccurate
information in your credit report due to fraud.
You have a right to sue a credit repair
organization that violates the Credit Repair Organization Act. This law
prohibits deceptive practices by credit repair organizations.
Credit bureaus are required to follow
reasonable procedures to ensure that the information they report is accurate.
However, mistakes may occur.
You may, on your own, notify a credit
bureau in writing that you dispute the accuracy of information in your credit
file. The credit bureau must then reinvestigate and modify or remove inaccurate
or incomplete information. The credit bureau may not charge any fee for this
service. Any pertinent information and copies of all documents you have
concerning an error should be given to the credit bureau.
If the credit bureau's reinvestigation
does not resolve the dispute to your satisfaction, you may send a brief
statement to the credit bureau, to be kept in your file, explaining why you
think the record is inaccurate. The credit bureau must include a summary of
your statement about disputed information with any report it issues about you.
The Federal Trade Commission regulates
credit bureaus and credit repair organizations. For more information contact:
The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580'.
4. LIMITATION OF LIABILITY. IN NO EVENT SHALL CREDIT
UMBRELLA OR ITS AGENTS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR
INABILITY TO USE, OUR PRODUCTS OR THIS WEBSITE. IN NO EVENT SHALL CREDIT UMBRELLA OR ITS
AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOSS OF INFORMATION OR
DATA, LOST PROFITS, HARM TO REPUTATION, LOSS OF CREDIT, OR LOST BUSINESS
OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE
SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. WARRANTY DISCLAIMER. THIS WEBSITE AND OUR PRODUCTS
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
CREDIT UMBRELLA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES
ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE
PARTIES. CREDIT UMBRELLA AND ITS
SUPPLIERS DO NOT WARRANT THE ADEQUACY, ACCURACY OR COMPLETENESS OF OUR PRODUCTS
OR THE MATERIAL ON THIS WEBSITE, OR THAT THEY WILL MEET YOUR REQUIREMENTS, OR
THAT THE OPERATION OF OUR PRODUCTS OR THIS WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE. IN ADDITION, CREDIT
UMBRELLA AND ITS SUPPLIERS DO NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO
ACCESS THIS WEBSITE ALL TIMES. CREDIT UMBRELLA MAKES NO WARRANTY
REGARDING MALICIOUS CODE, VIRUSES, OR THE LIKE. YOU UNDERSTAND AND ACKNOWLEDGE THAT
INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER
INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THIS WEBSITE.
6. PRIVACY POLICY AND NOTICE. You
hereby acknowledge receipt of, and agree to the terms of, our “Privacy Policy
and Notice” posted on this website, which may be accessed by clicking here. You further agree to receive all privacy policies and notices
electronically at this website, including any opt-out or opt-in provisions
permitted or required by law.
7. COPYRIGHT INFRINGEMENT. Your
use of our products and this website is at all times governed by and subject to
laws regarding copyright ownership and use of intellectual property. Credit Umbrella has in place certain legally
mandated procedures regarding allegations of copyright infringement occurring
on this website or in connection with our products. Credit Umbrella has adopted
a policy that provides for the immediate termination of any
user who is found to have infringed on the rights of Credit Umbrella or of a
third party, or otherwise violated any intellectual property laws or regulations.
Credit Umbrella's policy is to investigate any allegations of copyright
infringement brought to its attention. If you have evidence, know, or have a
good faith belief that your rights or the rights of a third party have been
violated and you want Credit Umbrella to delete, edit, or disable the material
in question, you must provide Credit Umbrella with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf
of the owner of the exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works; (c) identification of the material that is
claimed to be infringed or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and information reasonably
sufficient to permit Credit Umbrella to locate the material; (d) information
reasonably sufficient to permit Credit Umbrella to contact you, such as an
address, telephone number, and if available, an electronic mail address at
which you may be contacted; (e) a statement that you have a good faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (f) a statement that the
information in the notification is accurate, and under penalty of perjury; that
you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. For this notification to be effective, you must provide it
to Credit Umbrella's designated agent at:
Intellectual
Property Manager
Credit Umbrella
655 North Central Ave., Suite 1700
Glendale, CA 91203
Phone:1-877-824-1121
Fax: 818-484-2273
Email: support@creditumbrella.com
8. NON-AFFILIATED SITES. Credit
Umbrella has no control over, and no liability for any third party web sites or
materials, such as annualcreditreport.com, or the websites or materials of
credit reporting agencies. Credit
Umbrella also works with a number of business associates and service providers,
such as programmers and credit card intermediaries, whose Internet sites may be
linked with this website. Because
neither Credit Umbrella nor this website has
control over the content and performance these other sites, Credit Umbrella
makes no guarantees about the accuracy, currency, content, or quality of the
information provided by such sites, and assumes no responsibility for
unintended, objectionable, inaccurate, misleading, or unlawful content that may
reside on those sites. See also the
Section regarding “Our Advertisers” below.
Please
also note that our site gives you the option to place your results using our
software on Twitter.com; if you take advantage of this option, your Twitter.com
posting may be used on our website.
9. PROHIBITED USES. Credit
Umbrella imposes certain restrictions on your permissible use of this website
and our products. You are prohibited from violating or attempting to violate
any security features of this website or our products (“hacking”), including,
without limitation, (a) accessing content or data not intended for you, or
logging onto a server or account that you are not authorized to access; (b)
attempting to probe, scan, or test the vulnerability of our products, this website,
or any associated system or network, or to breach security or authentication
measures without proper authorization; (c) interfering or attempting to
interfere with this website or our products with regard to any user, host, or
network, including, without limitation, by means of submitting a virus to the
website, overloading, "flooding," "spamming," "mail
bombing," or "crashing;" (d) using this website to send unsolicited
e-mail, including, without limitation, promotions or advertisements; or (e)
forging any TCP/IP packet header or any part of the header information in any
e-mail or in any posting using this website. Any violation of
system or network security may subject you to civil and/or criminal liability.
10. MODIFICATIONS TO THESE TERMS OF USE. Credit Umbrella may, in its sole
discretion and without prior notice, revise the terms of these Terms of Use. All revisions shall be effective
immediately. By using this website,
you agree to check these Terms of Use whenever you access this website as
these Terms of Use may change from time to time. You agree that, by continuing to use or
access this website following any revision, you accept and shall abide by any
such revision. To give you a better idea of when modifications have
occurred, we will also revise the "last updated" date found at the
beginning of these Terms of Use when we post changes to it.
11. DISPUTE
RESOLUTION. You agree
that you will attempt in good faith to resolve with Credit Umbrella by mutual
agreement all disputes arising out of or relating to this website. We both further agree that any dispute
that is not able to be resolved between us within sixty (60) days written notice thereof to the other
party shall be submitted to J·A·M·S/ENDISPUTE, or its successor, for mediation
in Los Angeles, California, and if the matter is not resolved through mediation
within ninety (90) days of its submission, then it shall be submitted to
J·A·M·S/ENDISPUTE, or its successor, for final and binding arbitration before a
single arbitrator. Both sides agree
to participate in the mediation and arbitration in good faith, and that they
will share equally the costs and expenses of the mediator, the arbitrator and
J·A·M·S/ENDISPUTE. The provisions
of this Section may be enforced by any court specified in the Section hereof
entitled “Governing Law”, and the party seeking enforcement, if successful,
shall be entitled to an award of all costs, fees and expenses, including
attorneys’ fees, to be paid by the party against whom enforcement is ordered.
12. OUR RIGHT TO USE YOUR POSTINGS. If you post any information or
messages to any of our chat groups, bulletin boards, or forums, we have the
right to copy and use such communications or any part(s) thereof, including but
not limited to your name and the date of the posting, in any manner we deem
appropriate in our sole discretion, including but not limited to testimonials
used to advertise our products. You
also grant us unlimited permission to use and exploit any suggestions,
requests, feedback or other ideas you post, without any compensation to you.
13. OUR
ADVERTISERS. It is possible you may enter into
correspondence with, purchase goods and/or services from, or participate in
promotions of advertisers or sponsors showing their goods and/or services
through this website. Any such
activities, terms, conditions, warranties or representations associated with
such activity, is solely between you and the applicable third party. Credit Umbrella shall have no liability,
obligation or responsibility for any such correspondence, purchase or promotion
between you and any such third-party. Credit Umbrella does not endorse any sites on the Internet that are
linked through this website. We are
not responsible for any content, products, or other materials on or available
from such sites, which have their own privacy policies, terms and agreements.
14. GOVERNING LAW. Use of,
access to, and disputes regarding this website and/or our products shall in all
respects be governed by and be construed in accordance with the laws of the
State of California, without regard to its conflict of laws provisions. You hereby
irrevocably consent to the exclusive jurisdiction of the state and federal
courts located in Los Angeles County, California, USA in all disputes arising
out of or related to this website or our products, and waive any claim of
inconvenient forum.
15. SEVERABILITY. If
anyone or more of the provisions contained herein shall, for any reason, be
held to be invalid, illegal, or unenforceable in any respect, then to the maximum
extent permitted by law, such invalidity, illegality, or unenforceability shall
not affect any other provision hereof.
16. INDEMNITY. You agree to indemnify defend, and hold
harmless Credit Umbrella, its affiliates, officers, directors, employees,
consultants, agents, and representatives from any and all third party claims,
losses, liability, damages, and/or costs (including reasonable attorney fees
and costs) arising from your access to or use of this website and/or our
products, your violation of these Terms of Use, or your infringement of any
intellectual property or other right of any person or entity. Credit Umbrella will notify you promptly
of any such claim, loss, liability, or demand, and will provide you with
reasonable assistance, at your expense, in defending any such claim, loss,
liability, damage, or cost.
17. WAIVER. No waiver of any breach of any provision
of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent
breach of the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized representative of
the waiving party. At no
time shall any failure or delay by either party in enforcing any provisions,
exercising any option, or requiring performance of any provisions, be construed
to be a waiver of same.
18. HEADINGS. The headings hereof are for reference
only and shall not affect the meaning of any section.
19. INJUNCTIVE RELIEF. If you breach any provisions of these
Terms of Use other than those regarding payment, Credit Umbrella will have no adequate
remedy at law. Accordingly, Credit
Umbrella shall have the right, in addition to any other rights and remedies
existing in its favor, to enforce its rights by injunctive relief, and you
hereby waive the defense that there is an adequate remedy at law.
20. CONSTRUCTION AND INTERPRETATION. These Terms of Use shall not be construed against either Credit Umbrella
or any other party as the drafter.