END USER LICENSE AGREEMENT
IMPORTANT! The CreditUmbrella forms, templates, guides, demonstrations, designs, user interfaces,text, sound recordings, images and other works of authorship which comprise our TurboScoreTM credit repair software (the “Software”) are licensed to you, and permission to use them is only given, on the condition that you agree to the terms and conditions set forth below.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.YOU MUST BE 18 YEARS OF AGE TO ENTER INTO THIS AGREEMENT.
Access to and use of the Software is by permission of Credit Umbrella Inc. (â€œCredit
Umbrellaâ€?, â€œusâ€? or â€œweâ€?)only, and only for applicants who accept this
Agreement.Credit Umbrella may grant or withhold approval of this Agreement in its sole discretion.If Credit Umbrella approves you for use of the Software, Credit Umbrella will issue you an activation code to allow it to function.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!TMand the CreditUmbrella logo are all trademarks of Credit Umbrella.AdobeÂ® AIRâ„¢.Copyright Â© 2007 – 2008. Adobe Systems Incorporated.Adobe and Adobe AIR are either trademarks or registered trademarks in the United States and/or other countries.Allrights reserved.Other trademarks or service marks which you may encounter during use of the Software are the property of third parties.
Based on the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you and Credit Umbrella agree as follows:
1. NATURE OF AGREEMENT. This Agreement is a legal and binding contract made between you and Credit Umbrella. This Agreement contains the terms and conditions that you must comply with if you wish to access and use the Software.
2. LICENSE GRANT. If you have purchased TurboScore Home EditionTM, Credit Umbrella hereby grants to you during the term of this Agreement, a nonexclusive, nonassignable, non-sublicensable license, for your noncommercial, home use on one computer only, by you and up to two additional family members, to access and use the Software, subject to the terms and conditions of this Agreement.
If you have purchased TurboScore Professional TM, Credit Umbrella hereby grants to you during the term of this Agreement, a nonexclusive, nonassignable, non-sublicensable license, for your commercial use on up to two computers, by an unlimited number of users, to access and use the Software, subject to the terms and conditions of this Agreement.
The license granted herein is conditioned upon payment in full for the Software
in accordance with this Agreement, and your compliance with all terms of this
Agreement. Nothing contained on Credit Umbrellaâ€™s website should be understood as granting you a license to use or copy any of the trademarks or logos owned by Credit Umbrella or by any third party.
3. OWNERSHIP OF SOFTWARE. Credit Umbrella retains all rights to the Software
not specifically granted in this Agreement. Credit Umbrella and its suppliers
own the title to the Software, except for the physical media delivered to you,
and further own all copyright and other intellectual property rights therein.This Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Software , any updates or derivative works thereto, or any copyrights, patent rights, logos ortrademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement. The Software is protected by United States laws and international treaty provisions.
4. RESTRICTIONS. YOU MAY NOT USE THE SOFTWARE, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT OR EXPRESSLY PERMITTED BY APPLICABLE LAW.Further, to the maximum extent permitted by law, you shall not (a) modify, reverse engineer, decompile, disassemble,attempt to derive the source code of, or otherwise reduce to a human-perceivable form, the Software; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Software, copies thereof, or access thereto to any third party; (c) make any copy orotherwise reproduce the Software (4) modify or make derivative works based upon the Software or anyfeature of Credit Umbrellaâ€™s website; (5) create Internet “links” to the Software or “frame” or “mirror” the Software or any content of Credit Umbrellaâ€™s website on any other server or wireless or Internet-based device; or (6) disclose your activation code to any third party.
5. YOUR OBLIGATIONS. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL FACTS STATED IN ANY DISPUTE LETTER OR FORM WHICH YOU SEND.DO NOT SEND ANY COMMUNICATION CONTAINING ANY STATEMENT WHICH IS FALSE OR WHICH YOU DO NOT KNOW TO BE TRUE.You shall be solely responsible for the following: (a) providing all hardware, software, and communications capabilities required for use of the Software, including, without limitation, personal computers with 400 MHz XP, 1 GHz Vista /Windows 7, 1 GHz Mac OSX 10.3.x, Windows XP, Vista, Windows 7, Mac OS X v10.5.6 or later, Memory: 256 MB and up, Hard Disk Space: Up to 145 MB, Monitor: 1024×768, CD-ROM Drive: 4X Or higher, Internet Connection: 56 Kbps, Sound Card: Optional, Printer: Any Printer; (b) providing, your data for
use with the Software; (c) providing and maintaining, at all times during the term of this Agreement, any Internet access you desire to use in connection with the Software; and (d) ensuring the accuracy, completeness and currency of the information that you
provide to us as part of the registration process. You agree to take all reasonable steps to safeguard your activation code for the Software so as to ensure that no unauthorized person will have access to it, and that no persons authorized to have access will make any unauthorized use. You shall promptly report to Credit Umbrella any unauthorized use of the Software of which you become aware and shall take such further steps as may reasonably be requested by Credit Umbrella to prevent unauthorized use thereof.We shall not be liable for any loss that you incur as a result of someone else using your activation code, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your
account or activation code.
6. TERM AND TERMINATION. The license granted in this Agreement is effective
until terminated.The term of this Agreement and the license grant herein shall commence on the date you agree by clicking on the â€œI Acceptâ€? box for this Agreement, and providing all required registration information.
60-DAY MONEY BACK GUARANTEE FOR WEBSITE AND PHONE ORDERS ONLY:
DOWNLOAD PURCHASES - If for any reason you are dissatisfied with the Software, you may obtain a full refund by submitting a request within 60 days of your purchase.Â To submit your request, click on “Support” under “Get Assistance” on the home page of the Software.Â Scroll down to “60 Day Money Back Refund Instructions” and click the link to deactivate your Credit TurboScoreâ„¢. Â You will be requested to fill in all blank fields and indicate the reason for the refund.Â
CD PURCHASES – If for any reason you are dissatisfied with the Software, you may obtain a full refund (less any shipping costs paid) by returning the media within 60 days, at your expense, along with the original packing slip that came with the media, along with your order number and receipt of purchase to the following address: Credit Umbrella Inc. 655 N Central Ave Suite 1700, Glendale CA 91203.Â
Purchases not made directly from Credit Umbrella, such as purchases from
stores or other vendors, are not subject to the 60-day money back guarantee
from Credit Umbrella, but may be subject to the storeâ€™s or vendorâ€™s return
policy.Please note that your software will be deactivated upon
submission of this request.Upon such deactivation, the license granted by this Agreement will terminate automatically.In addition, the license provided in this Agreement will terminate immediately and automatically on your breach of any of the terms of this Agreement, including but not limited to the required payment. If at the time of charging your credit card or other account, your information is invalid for any reason or payment cannot be made, or in the event of any chargeback, the license granted in this Agreement to use the Software automatically terminates immediately.Credit Umbrella may, but is not required to, give you written notice of termination of the license in the event of your breach.Upon such notice, you must
return the Software immediately.No refunds are given in the event you have breached any term of this Agreement.
7.WARRANTY DISCLAIMER.THE SOLE WARRANTY UNDER THIS AGREEMENT
IS THAT FOR A PERIOD OF 90 DAYS, THE PHYSICAL MEDIA CONTAINING THE SOFTWARE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE.OTHERWISE, THE SOFTWARE IS PROVIDED ON AN â€œAS ISâ€? BASIS, AND CREDIT UMBRELLAâ€™S WEBSITE IS PROVIDED ON AN â€œAS ISâ€? AND â€œAS AVAILABLEâ€? BASIS.TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREDIT UMBRELLA AND IT 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 THE SOFTWARE, OR OF ANY MATERIAL ON CREDIT UMBRELLAâ€™S WEBSITE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE OR CREDIT
UMBRELLAâ€™S WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.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 CREDIT UMBRELLAâ€™S WEBSITE. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO A PERIOD OF 90 DAYS FROM THE COMMENCEMENT OF THIS AGREEMENT.SEE FURTHER DISCLAIMERS IN PARAGRAPH 18 BELOW.
8.LIMITATION OF LIABILITY. Your exclusive remedy for breach of the
foregoing warranty regarding defects in the physical media is to return the
media within 90 days, at your expense, along with the packing slip that came
with the media, to the following address: Corporate Disk Company, 4610 Prime Parkway, McHenry, Illinois 60050.In its sole discretion, Credit Umbrella will then either send you replacement media or refund the purchase price.After 30 days, refunds or replacements are based solely on defects in the physical media, not general dissatisfaction or lack of features. Refunds/replacements are provided only after our technical support team has assisted in your installation and the Software fails to function fully according to the technical team diagnosis.
In particular, please note that returns after 30 days are not allowed in the following situations:
YOUR SOLE REMEDY FOR ANY OTHER CLAIM ARISING UNDER OR RELATING TO (i) THIS AGREEMENT, (ii) THE SOFTWARE, AND/OR (iii) CREDIT UMBRELLAâ€™S WEBSITES, IS THE REFUND OF THE AMOUNT WHICH YOU HAVE PAID FOR THE SOFTWARE. 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. In addition, in no event shall you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with Credit Umbrella or its suppliers or with the distribution, operation, development, or performance of the Software or of the business of Credit Umbrella or its suppliers, including but not limited to Credit
10.LINKING.We reserve the right to prevent any non-subscriber from linking to Credit Umbrellaâ€™s website and to disable links from third-party sites.
11.INAPPROPRIATE CONTENT. You agree not to upload or otherwise transmit to Credit Umbrellaâ€™s website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) that is in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your activation code. The burden of proving that any content does not violate any laws or third party
rights rests solely with you. Credit Umbrella reserves the right to terminate your transmission or other distribution of any such material, and, if applicable, to delete any such material from its servers. Credit Umbrella intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of
the terms of this Agreement or of any applicable laws.When accessing Credit Umbrellaâ€™s website or using the Software, you agree to obey the law and to respect the intellectual property rights of others.
12. COPYRIGHT INFRINGEMENT. Your use of the Software, as well as Credit
Umbrellaâ€™s 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 Credit Umbrellaâ€™s website or in connection with the Software. 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
655 North Central Ave., Suite 1700
Glendale, CA 91203
13. ALLEGED VIOLATIONS.To ensure that Credit Umbrella provides a high quality experience for you and for other users of Credit Umbrellaâ€™s website and the Software, you agree that Credit Umbrella or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of Credit
Umbrellaâ€™s website, or the Software. Credit Umbrella does not intend to
disclose the existence or occurrence of such an investigation unless required
by law, but Credit Umbrella reserves the right to terminate your account or
your access to Credit Umbrellaâ€™s website immediately, with or without notice to
you, and without liability to you, if Credit Umbrella believes that you have violated
any of the terms of this Agreement, furnished Credit Umbrella with false or
misleading information, or interfered with use of Credit Umbrellaâ€™s website or
the Software by others.
14. 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 Credit Umbrellaâ€™s website. Because neither Credit Umbrella nor Credit Umbrellaâ€™s 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 â€œOur Advertisersâ€? 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
15. PROHIBITED USES. Credit Umbrella imposes certain restrictions on your
permissible use of Credit Umbrellaâ€™s website and the Software. You are prohibited
from violating or attempting to violate any security features of Credit
Umbrellaâ€™s website or the Software (â€œhackingâ€?), 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 the Software, Credit Umbrellaâ€™s website, or any
associated system or network, or to breach security or authentication measures
without proper authorization; (c) interfering or attempting to interfere with Credit
Umbrellaâ€™s website or the Software with regard to any user, host, or network,
including, without limitation, by means of submitting a virus to the website or
into any Software, overloading, “flooding,” “spamming,”
“mail bombing,” or “crashing;” (d) using Credit Umbrellaâ€™s
website or any Software 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 the Software.Any violation of system or network security may subject you to civil and/or criminal liability.
16. MODIFICATIONS TO THIS AGREEMENT AND WEBSITE. Credit Umbrella may, in its sole discretion and without prior notice, (a) revise the terms of this Agreement, effective upon your receipt of notice of the revisions; (b) modify Credit
continuing to use or access Credit Umbrellaâ€™s website following any revision, you accept and shall abide by any such revision.
17.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 Agreement, Credit Umbrellaâ€™s website, and/or the Software.We both further agree
that any dispute that is not able to be resolved between us within sixty (60) dayswritten notice thereof to the other party shall be submitted to JÂ·AÂ·MÂ·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 JÂ·AÂ·MÂ·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 JÂ·AÂ·MÂ·S/ENDISPUTE.The provisions of this Section may be enforced by any court specified in the Section hereof entitled â€œGoverning Lawâ€?, and the party seeking enforcement,
if successful, shall be entitled to an award of all costs, fees and expenses,
including attorneysâ€™ fees, to be paid by the party against whom enforcement is
18.DISCLAIMERS & DISCLOSURES. Credit Umbrella is not a Credit Repair Organization nor a law firm, and provides no credit
repair services or financial or legal advice.The PC Software is a software
application that integrates Dispute Letter templates and other software for
your use.We neither manage
nor monitor such use, and you take sole responsibility for the use you make of
the PC Software, which is under your sole control, including but not limited to
mailing of letters or other correspondence, management, monitoring, and other
functions related to your credit. WE MAKE NO REPRESENTATION, WARRANTY OR
PROMISE AS TO ANY PARTICULAR OR GENERAL OUTCOME RESULTING FROM YOUR USE OF THE
PC SOFTWARE OR CREDIT UMBRELLAâ€™S WEBSITE.THERE IS NO GUARANTEE THAT YOUR CREDIT SCORE, CREDIT HISTORY,
CREDITRECORD OR CREDIT RATING WILL
BE IMPROVED.TESTIMONIALS OR OTHER ENDORSEMENTS FOUND ON THIS SITE OR IN CREDIT
UMBRELLAâ€™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,
annualcreditreport.com Chexsystems or Telecheck, except as you may experience
as advertisers on our website, and no rights are granted regarding their
trademarks, domain names or other intellectual property. CreditUmbrellaâ„¢ does
not claim to â€œrepairâ€? your credit. CreditUmbrellaâ€™s TurboScore’s
intended use is to help you automate the time-consuming process of disputing
and correcting inaccuracies in your credit reports, communicating with credit
bureaus, original creditors, collection agencies, chexsystems, telecheck, and
obtaining your credit reports, and provide you with educational materials. You may use the PC Software to challenge credit items identified as
inaccurate, misleading, or unverifiable, but no consumer has the right to have
accurate, current, and verifiable information removed from their Credit Report.Credit Umbrellaâ€™s 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 or how the PC Software may apply
‘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′.
19.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.
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 Credit Umbrellaâ€™s 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 Credit Umbrellaâ€™s 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
21.GOVERNING LAW. This
Agreement 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 Agreement, the use of Credit Umbrellaâ€™s
website or the Software, and waive any claim of inconvenient forum.The parties expressly
waive and disclaim the applicability of the Uniform Computer Information
Transactions Act (UCITA), as may be adopted in any jurisdiction, and the United
Nations Convention on the International Sale of Goods.
22. FORCE MAJEURE. If
the performance of Credit Umbrella under this Agreement is prevented, hindered,
or otherwise made impractical by reason of flood, strike, war, acts of government,
or any other casualty or cause beyond the control of Credit Umbrella, then
Credit Umbrella shall be excused from its performance to the extent and so long
as it is prevented, hindered, or delayed by such event(s).
23. SEVERABILITY. If anyone or more of the provisions contained in this
Agreement 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 of this
24. ASSIGNMENT AND DELEGATION. You may not assign any rights or delegate any
responsibilities under this Agreement without the prior written consent of
Credit Umbrella, and any attempt to do so shall be void. Credit Umbrella may assign its rights
and/or delegate its obligations under this Agreement in its sole discretion.
25. SUCCESSORS AND ASSIGNS.This
Agreement is binding on and shall inure to the benefit of the parties hereto
and their respective successors and permitted assigns.
26. 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 Credit Umbrellaâ€™s website
and/or the Software, your violation of this Agreement, or your infringement, or
the infringement by any other user of your account, 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.
27. WAIVER.No waiver of any breach of any provision
of this Agreement 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.
28. NO THIRD-PARTY BENEFICIARIES. This Agreement is not intended, and
shall not be construed, to confer upon any person other than the parties any
rights or remedies.
29. HEADINGS.The headings contained in this Agreement are for reference only and
shall not affect the meaning of any section.
30.INJUNCTIVE RELIEF.If you breach the provisions of this Agreement
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.
31. CONSTRUCTION AND INTERPRETATION.This Agreement shall not be construed against either Credit Umbrella or
any other party as the drafter.
32.NOTICES. Any notices regarding this Agreement
must be in writing, and may be given by mail (postage prepaid) or email.All notices to us regarding this
Agreement should be directed to firstname.lastname@example.org, or
write Attn: Support, Credit Umbrella, 655 North Central Ave., Suite 1700,
Glendale, CA 91203.We may give
notice to you regarding matters related to this Agreement, including but not
limited to your breach thereof, by electronic mail to your e-mail address on record in your account
information, or by written communication sent by first class mail, postage
prepaid, to your address on record in your account information.Such notice shall be deemed to have been
given upon the expiration of 48 hours after mailing (if sent by first class
mail) or pre-paid post) or 12 hours after sending (if sent by email).
33.RELATIONSHIP OF PARTIES.Nothing herein shall be deemed to create
a partnership or joint venture.Neither party shall incur any debts or make commitments for the other.
THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CREDIT UMBRELLA, AND
THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, UNDERSTANDING, OR OTHER
COMMUNICATION BETWEEN YOU AND CREDIT UMBRELLA, ORAL OR WRITTEN, RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.THIS, AGREEMENT MAY NOT BE CHANGED, ALTERED, OR MODIFIED EXCEPT BY
A WRITING SIGNED BY BOTH YOU AND CREDIT UMBRELLA.