Terms of Use
As of January 2013
ACCEPTANCE OF TERMS
PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE BEFORE USING CREDITPING.COM (THIS "SITE"). YOUR USE OF THIS SITE AND, SEPARATELY, YOUR PROVIDING YOUR PROFILE TO OBTAIN INVITATIONS TO APPLY FOR VARIOUS FINANCIAL PRODUCTS AND SERVICES, RELATED ANALYSIS OF INFORMATION IN CONNECTION THEREWITH FROM OUR PROVIDERS (OUR
"SERVICES"), ARE ALL SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THIS SITE OR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW, INCLUDING WITHOUT LIMITATION THE USER AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE THIS SITE OR OUR SERVICES AND DO NOT SUBMIT TO US A REGISTRATION FORM.
USER AGREEMENT
This User Agreement is part of and is incorporated into our Terms of Service. References herein and throughout the Terms of Services to the “Agreement” mean this User Agreement and the Terms of Service collectively. This Agreement is entered into by and between you and Credit Online Ventures Inc., a Delaware corporation ("COV", "we", or "us"), and sets forth the terms and conditions for your use of this Site and the Services. This Site is owned and operated by COV. This Site and the Services are being provided to you expressly subject to this Agreement. By accessing, browsing, and/or using this Site or the Services, you acknowledge that you have read, understood, accept 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. This Agreement is part of and is incorporated into the Terms of Service.
How to Use the Services. Through this Site, you may register to receive various offers for financial products and services from time to time from our participating providers of products and services (each a
"Provider", and collectively, the
"Providers"). When you access the Site to use the Services, you will be asked to input your profile information (your
"Profile") to the Site. You are solely responsible for the information and the accuracy of the information that you include in your Profile. You should amend your Profile from time to time when appropriate, as described below.
We will match your Profile information with information provided to us by the Providers about their products and services. When you submit your registration form and Profile on our Site, you thereby authorize us to match your Profile with the product and service offers available from time to time from the Providers. When we make these matches, we will send you an email "ping" to alert you of the new offer or offers. We will continue to match your Profile to product and service offers for so long as you maintain an active account on the Site, and we will send you an email "ping" to alert you of each new offer.
When you first register, we will send you a welcome email so that you may verify your username and passowrd. We also will communicate with you via emai in response to your inquiries and to manage your account.
Changing Your Profile Information. After you have registered for the Service, you may access the Site and make changes to your Profile at any time using your username and password that you selected when registering. You also may select when, and how frequently, we email you with new offers or notices. We recommend that you update your Profile at least every six (6) months to ensure that it continues to reflect the most accurate information about you.
The Providers Are Independent Companies; No Representations, Warranties, or Guaranties. The Providers are independent companies that are not affiliated with us. We cannot control and have no responsibility for the accuracy or availability of information from the Provider, whether on the Provider’s website or otherwise. We make no representations, warranties or guaranties (1) as to whether you will receive offers for any particular types of products or services or for any products or services at all; (2) that any offer you receive from our Providers will meet your needs; or (3) that any offers you receive will be the best offers available to you. We take no part whatsoever in any Provider’s decision of whether to approve or deny any application you submit.
Sharing Your Information with Providers. As described further in our
Privacy Policy, we do not share any of your personally-identifiable information with any Provider. We may aggregate your information with that of our other customers and share that aggregate information with one or more Providers. However, in no case will that aggregate information be identifiable to you personally. For this reason, the only personal information that any Provider will receive about you will be information that you provide to them directly or information that you authorize them to obtain from persons other than COV.
No Provider will be able to send you emails solely as a result of your use of the Site or the Services. However, if you choose to apply to a Provider for a particular product or service, you may be asked by the Provider to supply your email address. The Provider may then use your email address to contact you.
Applying for or Accepting any Service or Service is Your Responsibility. When we match your Profile with the products and services offered by any Provider, it is entirely your responsibility to review those offers and entirely your decision whether to apply for any offered product or service. Depending on your Profile and your interests, we might be unable to match your Profile to the type of product or service you originally wanted, or you might not be able to qualify for the product or service you wanted. In such cases, we may suggest other products or services that might be of interest to you. However, it still is entirely your choice whether to apply for or accept any product or service. We are unable to make any recommendations of any products or services, and we have no responsibility or liability to you to make any recommendations.
Deactivating or Placing a Hold on Your Account. You may deactivate your account at any time if you no longer wish to use our Services. You would do this by accessing “Account Settings” after logging in to our Site. You also may access Account Settings to put your account on temporary hold so that offers will not be sent to you during the hold period. When you terminate your account, we will disable your account and it will not be accessible by anyone other than our authorized employees and agents.
Amendments and Termination. 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 this Site. You agree to check this Site periodically for changes to this Agreement. All changes to this Agreement shall be effective upon posting. Your continued use of this Site or the Services after any change to this Agreement constitutes your acceptance of and agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site or Services without notice or liability to you.
OBLIGATION TO PROVIDE ACCURATE AND COMPLETE INFORMATION WHERE REQUIRED; AUTHORIZED USE:
In consideration of your use of the Services and the materials on this Site including, without limitation, the text, data, articles, design, source code, software, photos, images, and other information (collectively, the
"Content") or your submission to us of a registration form, you hereby agree to provide true, accurate, and current information about yourself when you are completing your Profile. By registering on the Site or using the Services, you certify that you are eighteen (18) years of age or older. No one under the age of eighteen (18) is permitted to use this Site.
If any information you provide is untrue, inaccurate or not current, as determined by COV in its sole discretion, COV may, in its sole discretion, suspend or terminate your use of this Site or the Services. Further, you agree that COV will not be liable to you or any third party if COV suspends or terminates your access to this Site or the use of the Services at any time for any reason.
You hereby agree to be the sole authorized user of your account and the Services, and that you shall not permit any other person to use your account or the Services. Should you suspect that any unauthorized party may be using your account, this Site or the Services, you hereby agree to contact and notify COV immediately.
LIMITATIONS OF USE
This Site, the Service and all of the Content are the owned or licensed property of COV. COV's rights, title and interest in and to this Site, the Service and all of the Content are protected by U.S. and International laws, including without limitation copyright and trademark 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 COV. You acknowledge that the Content is and shall remain the property, whether owned or licensed, of COV. 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 COV's prior written approval. You also may not, without COV'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 this Site, the Content, and the Services only for lawful purposes. You are prohibited from any use of this Site, the Content, and/or the Services 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 this Site, the Content or the Services, including but not limited to, unauthorized entry into COV's systems, misuse of passwords, or misuse of any information posted on this Site is strictly prohibited. COV 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 Services or services is subject to COV's approval of your eligibility, which approval shall be in COV's sole discretion.
PATENT INFORMATION
Technologies and processes embodied in and used by this Site are covered by one or more patents pending filed by COV with the United States Patent and Trademark Office.
TRADEMARKS
COV (including the CreditPing logo and slogan), CreditPing.com, and all related logos (collectively the "COV Trademarks") are trademarks or service marks of COV. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by COV 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 COV 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 COV Trademarks except in accordance with written authorization from COV. We prohibit use of any of the COV Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by COV in advance. Any questions concerning any COV Trademarks or other marks or logos found on this Site should be referred to COV.
NOTICE OF PROSECUTION
Access to and use of password protected and/or secure areas of this Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of this Site may be subject to prosecution.
Without limiting the foregoing, failure to comply with the federal Fair Credit Reporting Act or state law equivalents 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, or operated by third parties, including, without limitation, our Providers (the "Third-Party Sites"). COV 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 COV 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. Any Third-Party Sites may have a privacy policy different from that of COV, and any such Third-Party Site may provide less security than this Site or no security whatsoever. We are not responsible for the content of any Third-Party Site, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Site, and you hereby agree that COV shall have no liability of any nature whatsoever for any aspect of any Third-Party Site, including without limitation any failure of products or services offered or advertised at such site or otherwise, and you hereby agree to hold COV harmless from any liability that may result from your use of any Third-Party Site.
DISCLAIMER OF WARRANTIES
NONE OF COV, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "COV PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THIS SITE OR ANY OF THE CONTENT, AND COV DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS SITE OR ANY OF THE CONTENT. WITH RESPECT TO THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, THE VARIOUS OFFERS FOR PRODUCTS AND SERVICES FROM THE PROVIDERS), YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND AGREEMENT THAT COV IS SOLELY AN INTERMEDIARY BETWEEN YOU AND THE PROVIDERS. THEREFORE, THE COV PARTIES HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR THE INACCURACY OR INCOMPLETENESS OF THE CONTENT, AVAILABILITY, OR LEGALITY OF ANY OF THE OFFERS MADE BY THE PROVIDERS.
THIS SITE, THE SERVICES AND ALL OF THE CONTENT 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 AND TITLE. ADDITIONALLY, WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR SERVICES. THE COV PARTIES DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COV CANNOT AND DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT ANY SUBMISSION YOU ENTER WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU HEREBY AGREE NOT TO HOLD COV LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THIS SITE. THE COV PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM YOUR USE OR INABILITY TO USE THIS SITE. THIS DISCLAIMER DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
COV MAY DISCONTINUE OR MAKE CHANGES TO THIS SITE, THE CONTENT, AND/OR THE SERVICES 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 COV PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. COV RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. YOU HEREBY ACCEPT AND AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE COV 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 ANY ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THIS SITE, THE CONTENT, THE SERVICES, 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 COV PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE COV 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 SERVICES IS TO STOP USING THIS SITE AND SERVICES AND TO NOTIFY US THAT YOU NO LONGER DESIRE TO HAVE YOUR PROFILE AVAILABLE ON THIS SITE. IF YOUR USE OF THIS SITE, THE CONTENT, AND/OR THE SERVICES RESULTS IN ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY EQUIPMENT AND THE LOSS OR CORRUPTION OF ANY DATA, YOU ASSUME ANY COSTS THEREOF, INCLUDING WITHOUT LIMITATION THE COSTS OF ANY SERVICING, REPAIRS AND CORRECTION. IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID OR UNENFORCEABLE UNDER APPLICABLE LAW, YOU AGREE THAT THE COV PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
MONITORING OF THIS SITE
COV has no obligation to monitor this Site; however, you acknowledge and agree that COV has the right to monitor this 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 this Site, or to protect itself or other users of this Site.
SUBMISSIONS TO THIS SITE
You hereby represent and warrant that you are the owner or a licensee or, in any event, have the right to provide any and all information, remarks, discussions, ideas, concepts, know-how, techniques, graphics and other submissions that you communicate to COV through this Site or otherwise, including, without limitation, your Profile information (collectively, "Submissions"). You hereby agree that all Submissions will be deemed and remain exclusively the property of COV, and COV is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. COV shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed to by COV or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting COV's responsibilities and obligations under its privacy policy. To the extent the ownership of any Submission cannot be transferred to COV, under applicable law or otherwise, you hereby grant COV an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy display, modify, edit, create derivative works from and distribute or otherwise use such Submission. You hereby agree, and are prohibited from, making any Submission that you do not own or have permission to use in a manner consistent with the provisions of this Agreement.
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 Services to you, so we do not represent, warrant or guarantee that we will be able to provide any such Services to you. COV may use your personal information to the extent necessary, as determined by COV in its sole discretion, 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 register for this Site and enter your profile.
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 COV, 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 Los Angeles, 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. In the event any claim, disagreement, dispute or controversy between you and COV must be brought or litigated in a court of law, you hereby irrevocably consent and agree that such claim, disagreement, dispute or controversy shall be brought or litigated in the courts of the State of California in Los Angeles, or the U.S. District Court sitting in Los Angeles, as COV may elect.
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 COV as set out below.
If you want to terminate your legal Agreement with COV, you may do so by selecting “Deactivate my Account” from the Account Settings section of your account on this Site.
COV may terminate this Agreement at any time without notice, or suspend or terminate your access and use of this Site, the Content, and/or the Services at any time, with or without cause, in COV's absolute and sole discretion and without notice or the provision to you of any reason for any suspension or termination.
The following provisions of this Agreement shall survive termination of your use or access to this Site: Disclaimer of Warranties, Limitation of Liability, Limitations of Use, Trademarks, 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 this Site, the Content, and/or the Services.
WAIVER
Failure by COV 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 COV Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the COV Parties in connection with any claim by a third party (including any intellectual property claim) arising out of your use of this Site, the Content, and/or the Services 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 COV 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 COV.
GENERAL PROVISIONS
This Agreement constitutes the entire agreement between COV and you in connection with your use of this Site, the Services, and the Content, and supersedes any prior versions of the Terms of Service. 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 this Site infringe your copyrights, notifications of claimed copyright infringement should be sent to COV'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 this 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.
UNSUBSCRIBING
Registered users may use the link below at any time to be permanently removed from the CreditPing.com mailing list and database.
Please login to see the unsubscribe link.
CONTACTING US
If you have questions regarding this Agreement please contact us at
CustomerService@CreditPing.com.You may also send correspondence to: Credit Online Ventures, 10866 Wilshire Blvd., 10th floor, Los Angeles, CA 90024, ATTN: Customer Service.
January 2013