Terms of Service
ACCEPTANCE OF TERMS
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE
BEFORE USING THIS SITE.
YOUR USE OF THIS SITE AND, SEPARATELY, YOUR OBTAINING FROM US
VALUABLE OFFERS OF PRODUCTS AND SERVICES FROM OUR PARTNERS ARE
ALL SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL
APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS
CAREFULLY. YOUR USE OF THE SITE CONSTITUTE YOUR AGREEMENT TO
ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, YOU
SHOULD EXIT THIS SITE IMMEDIATELY.
USER AGREEMENT
The following are terms of a legal agreement (the "Agreement")
between you and Credit Trauma, ("Credit Trauma", "we", or
"us"), that sets forth the terms and conditions for your use of
this web site (the "Site"). The Site is owned and operated by
Credit Trauma. This Site is being provided to you expressly
subject to this Agreement. By accessing, browsing, and/or using
this Site, you acknowledge that you have read, understood, and
agree to be bound by the terms of this Agreement and to comply
with all applicable laws and regulations. The terms and
conditions of this Agreement form an essential basis of our
bargain.
We reserve the right to amend this Agreement at any time and
will notify you of any such changes by posting the revised
Agreement on the Site. You should check this Agreement
periodically for changes. All changes shall be effective upon
posting. Your continued use of the Site after any change to
this Agreement constitutes your agreement to be bound by any
such changes. We may terminate, suspend, change, or restrict
access to all or any part of this Site without notice or
liability.
RIGHT TO RECEIVE YOUR CREDIT REPORT
You are allowed to receive one free credit report under the
FCRA from each of the three national credit reporting agencies
(Experian, Equifax, and TransUnion) during any twelve-month
period. You may also be able to receive free credit reports as
permitted by state law (you may contact your state or local
consumer protection agency or state attorney general to learn
more about your rights under state law). For information on
obtaining a free credit report from Experian, Equifax or
TransUnion you may contact them thru www.annualcreditreport.com.
OBLIGATION TO PROVIDE ACCURATE AND COMPLETE INFORMATION WHERE
REQUIRED
In consideration of your use of the materials on this Site
including, without limitation, the text, data, articles,
design, source code, software, photos, images, and other
information (collectively, the "Content") if you so choose, to
participate in our valuable products and services offer program
(collectively, the "Product"), you agree to provide true,
accurate, and current information about yourself when prompted
to do so by this Site or by the registration form. By
registering, you certify that you are eighteen (18) years of
age or older. If any information you provide is untrue,
inaccurate or not current, or if Credit Trauma has reasonable
grounds to suspect that such information is untrue, inaccurate
or not current, Credit Trauma, in its sole discretion, has the
right to suspend or terminate your use of any Product and
refuse all current or future access to the Content and use of
the Products or suspend or terminate any portion thereof.
Further, you agree that Credit Trauma will not be liable to you
or any third party if Credit Trauma suspends or terminates your
access to the Content or any Products for any
reason.
SPECIFIC CONSENTS GRANTED UPON SUBMISSION OF YOUR REGISTRATION
FORM:
At the time that you submit your registration form to us, you
agree that you are providing to us the following specific
consents (in addition to being subject to this
Agreement):
I further understand that by submitting this registration form
I am authorizing Credit Trauma, to retain a copy in its records
along with the other information I am submitting through this
registration form (collectively, the "Registration Profile"),
and to use that Registration Profile to match me with product
and services offers from time to time from its marketing
partners, which offers it will send to me either by e-mail
(only if I opt-in via email preferences) or through the display
of banner ads. I understand that Credit Trauma will not be
sharing my Registration Profile with any of those marketing
partners and that it is completely up to me to decide whether I
would like to accept any of the offers I receive, in which case
I would deal directly with the marketing partners at
issue.
LIMITATIONS OF USE
The copyright in the Content is held by Credit Trauma or by the
original creator of the material and is protected by U.S. and
International copyright laws and treaties. You agree that the
Content may not be copied, reproduced, distributed,
republished, displayed, posted or transmitted in any form or by
any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the
express prior written consent of Credit Trauma. You acknowledge
that the Content is and shall remain the property of Credit
Trauma. You may not modify, participate in the sale or transfer
of, or create derivative works based on any Content, in whole
or in part. The use of the Content on any other web site,
including by linking or framing, or in any networked computer
environment for any purpose, is prohibited without Credit
Trauma's prior written approval. You also may not, without
Credit Trauma's written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized
use of any Content on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, and
communications statutes and regulations. You agree to use the
Site, the Content, and the Products only for lawful purposes.
You are prohibited from any use of the Site, the Content,
and/or the Products that would constitute a violation of any
applicable law, regulation, rule or ordinance of any
nationality, state, or locality or of any international law or
treaty, or that could give rise to any civil or criminal
liability. Any unauthorized use of the Site, including but not
limited to, unauthorized entry into Credit Trauma's systems,
misuse of passwords, or misuse of any information posted on the
Site is strictly prohibited. Credit Karma makes no claims
concerning whether the Content may be downloaded or is
appropriate for use outside of the United States. If you access
this Site from outside of the United States, you are solely
responsible for ensuring compliance with the laws of your
specific jurisdiction. Your eligibility for particular Products
or services is subject to final determination by Credit Trauma.
TRADEMARKS
Credit Trauma (including the Credit Trauma logo),
CreditTrauma.com, and all related logos (collectively the
"Credit Trauma Trademarks") are trademarks or service marks of
Credit Trauma. Other company, product, and service names and
logos used and displayed on this Site may be trademarks or
service marks owned by Credit Trauma or others. Nothing on this
Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any of the Credit
Trauma Trademarks displayed on this Site without our prior
written permission in each instance. You may not use, copy,
display, distribute, modify or reproduce any of the Credit
Trauma Trademarks found on the Site unless in accordance with
written authorization by us. We prohibit use of any of the
Credit Trauma Trademarks as part of a link to or from any site
unless establishment of such a link is approved in writing by
us in advance. Any questions concerning any Credit Trauma
Trademarks, or whether any mark or logo is a Credit Trauma
Trademark, should be referred to Credit
Trauma.
NOTICE OF PROSECUTION
Access to and use of password protected and/or secure areas of
the Site are restricted to authorized users only. Unauthorized
individuals attempting to access these areas of the Site may be
subject to prosecution. Failure to comply with the FCRA can
result in state or federal enforcement actions, as well as
private lawsuits.
LINKS TO THIRD-PARTY SITES
This site may contain links to web sites controlled, owned, and
operated by third parties, including, without limitation, our
Partners (the "third-party sites"). Credit Trauma cannot
control and has no responsibility for the accuracy or
availability of information provided on the third-party sites.
You acknowledge that your use of any third-party sites
(including, without limitation, by responding to one or more
offers for valuable products and services that we may send to
you or otherwise notify you of from time to time) is governed
by the terms of use for those websites, and not by this
Agreement. Links to third-party sites do not constitute an
endorsement or recommendation by Credit Trauma of such sites or
the content, products, advertising or other materials presented
on such sites, but are only for your convenience, and you
access them at your own risk. Such third-party sites may have a
privacy policy different from that of Credit Trauma, and the
third-party site may provide less security than this Site. We
are not responsible for the content of any third-party web
sites, nor do we make any warranties or representations,
express or implied, regarding the content (or the accuracy of
such content) on any third-party web sites, and Credit Trauma
shall have no liability of any nature whatsoever for any
failure of products or services offered or advertised at such
sites or otherwise.
DISCLAIMER OF WARRANTIES
NONE OF CREDIT TRAUMA, ANY OF ITS AFFILIATES, PROVIDERS OR
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "CREDIT
TRAUMA PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS,
RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT
AND CREDIT TRAUMA DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS
IN THE CONTENT. WITH RESPECT TO THE PRODUCTS (INCLUDING,
WITHOUT LIMTATION, AND VALUABLE OFFERS FOR PRODUCTS AND
SERVICES FROM OUR PARTNERS), YOU HEREBY ACKNOWLEDGE YOUR
UNDERSTANDING THAT CREDIT TRAUMA IS SOLELY AN INTERMEDIARY
BETWEEN YOU AND OUR PARTNERS (IN THE CASE OF THE VALUABLE
OFFERS FOR PRODUCTS AND SERVICES); THEREFORE, THE CREDIT TRAUMA
PARTIES HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR THE
INACCURACY OR INCOMPLETENESS OF ANY SUCH CONTENT, AVAILABILITY,
OR LEGALITY OF ANY OF THE OFFERS MADE BY THE
PARTNERS.
THIS SITE AND ALL OF THE CONTENT AND PRODUCTS ARE PROVIDED "AS
IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR
USE OF THE CONTENT. THE CREDIT TRAUMA PARTIES DO NOT WARRANT
THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
CREDIT TRAUMA MAY DISCONTINUE OR MAKE CHANGES IN THE SITE, THE
CONTENT, AND/OR THE PRODUCTS AT ANY TIME WITHOUT PRIOR NOTICE
TO YOU AND WITHOUT ANY LIABILITY TO YOU OR ANY THIRD PARTY. ANY
DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE
CREDIT TRAUMA PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR
RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. CREDIT
TRAUMA RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE
OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS
SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL
ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE CREDIT TRAUMA PARTIES BE LIABLE
FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL,
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN
ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY
TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE SITE, THE
CONTENT, THE PRODUCTS, OR ANY THIRD-PARTY SITE TO WHICH THIS
SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM
FAILURE, EVEN IF THE CREDIT TRAUMA PARTIES, OR REPRESENTATIVES
THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES
OR EXPENSES. THE CREDIT TRAUMA PARTIES ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THIS SITE. THE CONTENT, AND/OR
THE PRODUCTS IS TO STOP USING THE SITE AND TO NOTIFY US THAT
YOU NO LONGER DESIRE TO RECEIVE THE PRODUCTS. IF YOUR USE OF
THIS SITE, THE CONTENT, AND/OR THE PRODUCTS RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU
ASSUME ANY COSTS THEREOF. IF ANY OF THE FOREGOING LIMITATIONS
ARE FOUND TO BE INVALID, YOU AGREE THAT THE CREDIT TRAUMA
PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF
ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
MONITORING OF THE SITE
Credit Trauma has no obligation to monitor the Site; however,
you acknowledge and agree that Credit Trauma has the right to
monitor the Site electronically from time to time and to
disclose any information as necessary or appropriate to satisfy
any law, regulation or other governmental request, to operate
the Site, or to protect itself or other users of the
Site.
SUBMISSIONS TO THE SITE
All remarks, discussions, ideas, concepts, know-how,
techniques, graphics or other submissions communicated to
Credit Trauma through this Site or otherwise (collectively,
"Submissions") will be deemed and remain the property of Credit
Trauma, and Credit Trauma is entitled to use any Submission for
any purpose, without restriction or compensation to the
individual who has provided the Submission. Credit Trauma shall
not be subject to any obligations of confidentiality regarding
Submissions except as expressly agreed by Credit Trauma or as
otherwise required by applicable law. Nothing herein contained
shall be construed as limiting Credit Trauma's responsibilities
and obligations under its privacy policy.
SECURITY FEATURES AND SITE REQUIREMENTS
Because we use security measures designed to protect your
privacy and to safeguard your information, we may not always be
able to successfully provide our Products to you, so we do not
guarantee or warrant that we will be able to provide any such
Products to you, even if you submit a registration form to us
for such Products. Credit Trauma may use your personal
information to the extent necessary to process your order and
carry out the transactions that you enter into with
us.
You must have an email address and a Java-compatible browser
such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0
or higher, or AOL 8.0 or higher to receive your valuable offers
for products and services from our Partners, each of which will
only be delivered electronically.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be subject to and construed under the laws
of the State of California, without reference to the conflicts
of law provisions thereof.
You understand and agree that all claims, disagreements,
disputes or controversies between you and Credit Trauma, and
its officers, directors, employees, representatives, agents,
parents, affiliates, subsidiaries and/or related companies,
shall be resolved by final and binding arbitration. The
arbitration shall take place in Fremont, California. The
arbitration shall be administered by the Judicial Arbitration
and Mediation Services ("JAMS") in accordance with Title 9 of
the US Code (United States Arbitration Act) and the
Comprehensive Arbitration Rules and Procedures of JAMS. Neither
you nor we shall be entitled to join or consolidate claims in
arbitration by or against other users/consumers or arbitrate
any claim as a representative or member of a class or in a
private attorney general capacity. The parties voluntarily and
knowingly waive any right they have to a jury
trial.
SEVERABILITY
If any provision of this Agreement is deemed to be unlawful or
unenforceable, it will not affect the validity and
enforceability of the remaining provisions.
SECTION HEADINGS
The section headings are for convenience only and do not have
any force or effect.
TERMINATION
This Agreement is effective until terminated by either you or
Credit Trauma as set out below.
If you want to terminate your Agreement with Credit Trauma, you
may do so by (a) notifying Credit Trauma at any time and (b)
opting out of "Receive updates in my account" and "Receive
special offers from Credit Trauma" in the Contact Preferences
section of your Account on Credit Trauma. Your notice may also
be sent, in writing, to Credit Trauma address at 40087 Mission
Blvd, Suite #170, Fremont, California 94539.
Credit Trauma may terminate this Agreement at any time without
notice, or suspend or terminate your access and use of the
Site, the Content, and/or the Products at any time, with or
without cause, in Credit Trauma's absolute discretion and
without notice.
The following provisions of this Agreement shall survive
termination of your use or access to the Site: Disclaimer of
Warranties, Limitation of Liability, Governing Law and Dispute
Resolution, Waiver, Indemnification, General Provisions, and
any other provision that by its terms survives termination of
your use or access to the Site, the Content, and/or the
Products.
WAIVER
Failure by Credit Trauma to enforce any of its rights under
this Agreement shall not be construed as a waiver of those
rights or any other rights in any way whatsoever.
INDEMNIFICATION
You agree to indemnify and hold harmless the Credit Trauma
Parties from and against any and all claims, losses, expenses,
demands or liabilities, including attorneys' fees and costs,
incurred by the Credit Trauma Parties in connection with any
claim by a third party (including any intellectual property
claim) arising out of your use of the Site, the Content, and/or
the Products in violation of this Agreement or in violation of
any applicable law or regulation. You further agree that you
will cooperate fully in the defense of any such claims. The
Credit Trauma Parties reserve the right, at their own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and you shall not
in any event settle any such claim or matter without the
written consent of Credit Trauma.
GENERAL PROVISIONS
This Agreement constitutes the entire agreement between Credit
Trauma and you in connection with your use of the Site and the
Content, your participation in the program to receive periodic
offers for products and services from our Partners and
supersede any prior versions of the Terms and Conditions of
Use, if applicable. This Agreement will be binding on, inure to
the benefit of, and be enforceable against the parties and
their respective successors and assigns. Neither the course of
conduct between parties nor trade practice shall act to modify
any provision of this Agreement. All rights not expressly
granted herein are hereby reserved.
COPYRIGHT COMPLAINTS
If you believe, in good faith, that any materials on the Site
infringe your copyrights, notifications of claimed copyright
infringement should be sent to Credit Trauma's designated agent
as set forth below. Notification should include whenever
possible:
-
an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
-
a description of the copyrighted work that you claim has
been infringed;
-
a description of where the material you claim is infringing
is located on the Site;
-
a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent or the law; and
-
a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you
are the copyright owner or duly authorized to act on the
copyright owner's behalf.
CONTACTING US
If you have questions regarding this Agreement or the practices
of Credit Trauma, please contact us by e-mail at
CreditTrauma@gmail.com or by regular mail at Credit Trauma,
40087 Mission Blvd, Suite #170, Fremont, California
94539,
Last Updated: April 1, 2009
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