Terms Of Use Agreement
Welcome to our Web site. By using our site, you are agreeing to comply
with and be bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use this site. The term
“_______________________________” or “us” or “we” or “our” refers to Seattle Web
Services, the owner of the Web site. The term “you” refers to the user or viewer of our
Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use
Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement
constitutes the entire and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use or publication by you
of any such matters or any part of the Site, except as allowed by Section 4 below, is
strictly prohibited. You do not acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information and materials. Some
of the content on the site is the copyrighted work of third parties.
3. Service Marks.
“CreditRepairFacts.com” and others are our service marks or registered service
marks or trademarks. Other product and company names mentioned on the Site may be
trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and (c) to print out
discrete information from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright and other policies contained
therein. No print out or electronic version of any part of the Site or its contents may
be used by you in any litigation or arbitration matter whatsoever under any
circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content and Materials”) therein are
subject to the following restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise make available in
any form or by any means all or any portion of the Site or any Content and Materials
retrieved therefrom; (b) use the Site or any materials obtained from the Site to
develop, of as a component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any Content and Materials from
the Site; (d) use any Content and Materials from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary right, or property
right of us or any third parties; (e) remove, change or obscure any copyright notice or
other proprietary notice or terms of use contained in the Site; (f) make any portion of
the Site available through any timesharing system, service bureau, the Internet or any
other technology now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any network monitoring or
discovery software to determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for the purpose of
gathering information for or transmitting (1) unsolicited commercial email; (2) email
that makes use of headers, invalid or nonexistent domain names, or other means of
deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal law regulating email,
facsimile transmissions or telephone solicitations; and (k) export or re-export the Site
or any portion thereof, or any software available on or through the Site, in violation
of the export control laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites
sample and actual forms, checklists, business documents and legal documents
(collectively, “Documents”). All Documents are provided on a non-exclusive license
basis only for your personal one-time use for non-commercial purposes, without any right
to re-license, sublicense, distribute, assign or transfer such license. Documents are
provided for a charge and without any representations or warranties, express or
implied, as to their suitability, legal effect, completeness, currentness, accuracy,
and/or appropriateness. The Documents are provided “as is”, “as available”, and with
“all faults”, and we and any provider of the Documents disclaim any warranties,
including but not limited to the warranties of merchantability and fitness for a
particular purpose. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different or additional provisions
to ensure the desired result. You should consult with legal counsel to determine the
appropriate legal or business documents necessary for your particular transactions, as
the Documents are only samples and may not be applicable to a particular situation.
Some Documents are public domain forms or available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not
intended to and does not constitute legal advice, recommendations, mediation or
counseling under any circumstance and no attorney-client relationship is formed. We do
not warrant or guarantee the accurateness, completeness, adequacy or currency of the
information contained in or linked to the Site. Your use of information on the Site or
materials linked to the Site is entirely at your own risk. We are not a law firm and
the Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove
or obscure, by framing or otherwise, advertisements, the copyright notice, or other
notices on the Site, (b) your site does not engage in illegal or pornographic
activities, and (c) you discontinue providing links to the Site immediately upon request
by us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and
sponsors are responsible for ensuring that material submitted for inclusion on the Site
is accurate and complies with applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s
materials.
10. Registration.
Certain sections of, or offerings from, the Site may require you to
register. If registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real name and
accurate information. Each registration is for your personal use only and not on behalf
of any other person or entity. We do not permit (a) any other person using the
registered sections under your name; or (b) access through a single name being made
available to multiple users on a network. You are responsible for preventing such
unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free
of viruses or other harmful components, or that defects will be corrected. We do not
represent or warrant that the information available on or through the Site will be
correct, accurate, timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other content appearing on
the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible via
links from the Site. We are not responsible for and assume no liability for any
mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations or any other form of content
on the Site. You understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither endorsed by nor does
it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any information necessary or appropriate to such
persons or entities relating to your profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, “Affiliated Parties”) harmless from any
liability, loss, claim and expense, including reasonable attorney’s fees, related to
your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable. Any
password or right given to you to obtain information or documents is not transfle or
assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT
AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a)We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way from (a) any errors
in or omissions from the Site or any services or products obtainable therefrom, (b) the
unavailability or interruption of the Site or any features thereof, (c) your use of the
Site, (d) the content contained on the Site, or (e) any delay or failure in performance
beyond the control of a Covered Party.
(b)THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND
THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY
AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information provided by you in any
manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or
other information communicated by you to us (collectively, a “Submission”) will forever
be our property. We will not be required to treat any Submission as confidential, and
will not be liable for any ideas (including without limitation, product, service or
advertising ideas) and will not incur any liability as a result of any similarities that
may appear in our future products, services or operations. Without limitation, we will
have exclusive ownership of all present and future existing rights to the Submission of
every kind and nature everywhere. We will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to you or any other person
sending the Submission. You acknowledge that you are responsible for whatever material
you submit, and you, not us, have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or
service providers (“Merchants”) from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions entered into
between you and Merchants. You agree that use of or purchase from such Merchants is AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-
INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any representations or
commitments on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of
this Agreement. You must review this Privacy Policy by going here: https://www.creditrepairfacts.com/privacy-policy.
22. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company, and (iii) you will
pay the charges incurred by you at the posted prices, including any applicable
taxes.
23. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand for our products
or services, as well as our intentions, plans and objectives (particularly with respect
to product and service offerings), that are forward-looking statements. These statements
are based upon a number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our Site, words like
“anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will”
and similar expressions are intended to identify forward-looking statements designed to
fall within securities law safe harbors for forward-looking statements. The Site and the
information contained herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our securities-related filings
or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked Web
site on our Site does not imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party sites, you do so at your own
risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
a.An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; b.A description of the copyrighted
work that you claim has been infringed; c.A description of where the material that you
claim is infringing is located on the Site; d.Your address, telephone number, and email
address; e.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 f.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 authorized to act on the copyright owner’s
behalf.
Our Copyright Agent for Notice of claims of copyright infringement on
the Site can be reached by directing an e-mail to the Copyright Agent using this form:
26. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or
obligation to update this information or any press releases. Information about companies
other than ours contained in the press release or otherwise, should not be relied upon
as being provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the Content and Materials
provided therein.
28. Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, we will refund
you your purchase price within 30 days of you notifying us in writing of your desire for
the refund, together with the reason for the request, with the product or service
returned to us in substantially the same condition as when purchased. Please note ,
however, that certain products and services mentioned on our site are sold by third
parties or are linked to third party Web sites, and we have no responsibility or
liability for those products or services. You may request a refund by contacting us by
email using this form https://www.creditrepairfacts.com/contact.
Additionally, you may obtain any additional information concerning our refund and return
policy, including our mailing address, by contacting us using the aforementioned contact
form.
29. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Seattle,
Washington, and shall be governed by and construed in accordance with the laws of the
State of Washington (without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, Documents, products or services
related thereto) must be instituted within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be subject to the limitations set
forth in Section 16 and Section 17. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically assigned by us in our
sole discretion to a third party in the event of an acquisition, sale or merger. Should
any part of this Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. Our rights under this Agreement
shall survive any termination of this Agreement.
30. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our
services, excluding legal action taken by us to collect or recover damages for, or
obtain any injunction relating to, Site operations, intellectual property, and our
services, shall be settled solely by binding arbitration in accordance with the
commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be conducted in Seattle,
Washington, and judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or we may seek any interim or preliminary relief from
a court of competent jurisdiction in Seattle, Washington necessary to protect the rights
or property of you and us pending the completion of arbitration. Each party shall bear
one-half of the arbitration fees and costs incurred through JAMS.