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Términos y Condiciones
Please read these terms carefully. If you do not agree to them you must not use the Site or Service.
THIS AGREEMENT CONTAINS:
- A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SECTION 10);
- A CONSENT TO RECEIVE ALL LEGALLY REQUIRED COMMUNICATIONS AND DISCLOSURES FROM US ELECTRONICALLY (SECTION 4); AND
- A CONSENT TO RECEIVE AUTOMATED TELEPHONE CALLS AND SMS MESSAGES AND RECORDING OF CALLS (SECTION 3)
1. Your Use of Crediverso’s Service
Crediverso is a marketplace that enables Users to compare various financial products from financial institutions such as credit card issuers, banks and lenders (“Provider(s)”). We are not a financial institution (i.e., we are not a bank, a lender, or credit card issuer).
You may use the Service only if you are a natural person (i.e., not a business or other corporate entity) and can form a binding contract with Crediverso. Any use or access to the Service by anyone under the age of majority in the State in which they reside is strictly prohibited and in violation of this Agreement. You must act in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You are prohibited from using the Service if you have previously been removed from the Service by Crediverso.
1.2 Modifications to this Agreement
We may make changes to these Terms of Service from time to time. If we make changes, we will post the changed Terms of Service on the Site and will indicate at the top of this page the date the Terms of Service was last revised. The revised version will be effective at the time we post it. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.
1.3 Your Consent to Collect and Transmit Your Requests and Information
In order for us to provide the Service to you, when you provide us with information we will share that information with Providers to enable certain functionality on the Site or through the Service.
1.4 No Recommendations or Professional Advice
Nothing provided on the Site or through the Service should be construed or interpreted as professional advice or recommendations (i.e., we are not providing any financial, tax, or legal recommendations or advice or other professional advice). We are not liable to you for any advice provided to you by Providers or other third parties you may link to from our Site. We encourage you to consult a financial service provider, tax or legal professional to help you make any decisions associated with the use of the Service or the products and services provided by Providers.
2. Change to Service; Prohibited Activities
While we may terminate your use of the Service at any time, for any reason, the following are specific activities that are prohibited when using the Service:
ADVERTISING AND COMMERCIAL SOLICITATION: You will not advertise or solicit any User to buy or sell any products or services except as expressly permitted by the Services and this Agreement. Further, you will not use any information obtained from the Service in order to advertise to, solicit, or sell any products or services to any User without their prior explicit consent.
NO HARASSMENT: You will not harass, annoy, intimidate or threaten any User(s) or Crediverso employees or agents engaged in providing any portion of the Service to you.
NO IMPERSONATION: You will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.
TECHNOLOGICAL USE: You will not engage in:
- copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Crediverso servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Service;
- collecting or harvesting any personally identifiable information, including account names, from the Service;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- use data provided by us for any competing uses or purposes;
- frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages; or
- bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
3. Your Consent to Telephone Calls, Recording of Telephone Calls and SMS Messages
3.1 Consent to receive telephone calls, SMS messages and other messages
You acknowledge that by voluntarily providing your telephone number(s) to Crediverso, you authorize us and our Providers (which includes, for the purposes of this Section 3 and of Section 4, our and our Provider’s agents and representatives) to contact you using automatic telephone dialing systems, artificial or pre-recorded voice message systems and automated text messaging systems in order to provide you with information regarding your Account, promotional offers, any transaction with us and with our Providers, and/or your relationship with Crediverso. You agree to receive such calls and text messages even if you cancel your account or terminate your relationship with us or our Providers, except if you opt out, as provided below. You expressly authorize us and our Providers to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) you have supplied or will supply to us or our Providers in connection with your Account or any other phone numbers we can reasonably associate with your Account through lawful means, such as skip tracing, caller ID capture, or other means. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you. You agree that we will have no liability in connection with third parties accessing your telephone. Consent to receive promotional automated marketing calls/texts is not a condition of purchasing any goods or services or obtaining a loan. Calls or text messages to you may be made by or on behalf of Crediverso or our Providers even if your telephone number is registered on any state or federal Do Not Call list.
3.2 Sharing your phone number with Providers
You understand and agree that we may share your telephone number with Providers and/or their respective agents who may require further information prior to providing a response to your submission of information through the Service or to contact you regarding a product or service. You hereby authorize Providers to contact you directly and to contact Crediverso.
3.3 The phone numbers you provide
You represent and warrant that you are the owner and/or primary user of any phone number you provide to us. Should any of your telephone numbers change, you agree to notify us before the change goes into effect by email and/or updating your account profile. You agree to indemnify, defend and hold us and our Providers harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of
any federal, state, or local law, regulation, or ordinance.
3.4 Charges from your telephone provider
You understand that your cellular or mobile telephone provider may charge you fees for calls that we or our Providers make or texts that we or our Providers send to you according to the type of plan you carry, and you agree that we will have no responsibility or liability whatsoever for such fees.
At any time, you may withdraw your consent to receive (1) automated telephone calls; (2) automated SMS messages, and/or (3) telemarketing calls. You must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, email address used to contact you, and the specific phone number(s) for which you are revoking consent; and (iii) send this written notice to email@example.com (Attn: Opt-Out). Alternatively, to stop marketing text messages, simply reply “STOP” to any marketing text message that we send you. You acknowledge and agree to accept a final text message confirming your opt-out. Opting out may prevent you from receiving messages regarding products, services, updates, improvements, or special promotions. Please allow up to thirty (30) days to process any opt-out request. To stop receiving automated telephone calls, automated SMS messages and/or telemarketing calls from our Providers, you must follow their procedures on their respective websites.
Please note that if you opt out of automated calls, we and our Providers reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section shall survive termination of these Terms of Service. If you have any questions about opting out, please contact us via email at firstname.lastname@example.org.
3.6 Call Recording and Monitoring
Calls to and from Crediverso and its Providers (or third parties acting on behalf of Crediverso or its Providers) may be recorded or monitored for quality assurance, customer service, training and/or risk management purposes. You agree to such monitoring and recording unless you expressly inform the agent at the outset of the conversation that you do not want the call to be monitored or recorded.
4. Your Consent to Electronic Communications
4.1 Electronic Delivery of Communications
You agree and consent to receive electronically all non-telephonic communications, agreements, documents, notices and disclosures (collectively, «Communications») that we or our Providers provide in connection with your use of the Service. Communications include, but are not limited to:
- Federal and State tax statements we or our Providers are required to make available to you, if applicable; and
- Loan Product or other Product-related Disclosures such as Application Disclosures.
We will provide these Communications to you by posting them on the Crediverso.com website.
4.2 Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
- a computer with an Internet connection;
- a current web browser that includes 128-bit encryption (e.g. Internet Explorer 11 or newer, Safari 9.0.3 or newer, Firefox v. 56 or newer, Chrome V. 60 or newer) with cookies enabled;
- Adobe Acrobat Reader 11 or newer to open documents in .pdf format;
- a valid email address (your primary email address on file with Crediverso); and
- sufficient storage space to save past Communications or an installed printer to print them.
By using the Service you are giving your consent to, and you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
4.3 Additional Mobile Technology Requirements
If you are accessing the Service and the Communications electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. These applications can be found for most mobile devices in the device’s respective «app store». If you do not have these capabilities on your mobile device, please access the Service through a device that provides these capabilities.
4.4 How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by writing to us at email@example.com, or by contacting us via the «Contact Us» link at the bottom of the Crediverso.com website. If you fail to provide your consent or if you withdraw your consent to receive Communications electronically, Crediverso and its Providers reserve the right, within our or their discretion and at our or their election, to either deny your use of the Service or restrict, close or deactivate your Account, or charge you additional fees for paper copies.
4.5 Updating your contact information
It is your responsibility to keep your email address up to date so that Crediverso can communicate with you electronically. You understand and agree that if Crediverso sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Crediverso will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Crediverso to your email address book so that you will be able to receive the Communications we send to you.
If your email address becomes invalid such that electronic Communications sent to you by Crediverso are returned, Crediverso may deem your Account to be inactive, and you will not be able to transact any activity using your Account until we receive a valid, working email address from you.
5. User Content Requirements and Intellectual Property Rights
5.1 You grant us a license to the content you post
You own and are solely responsible for any content including testimonials, images, text, audio or other materials that you submit (“User Content”). By submitting User Content, you grant Us or our sub-licensee or assignees a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future (“Use”).
You grant Us or our sub-licensee or assignees the right to use your name or image in association with your User Content, if we so choose.
Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against Us, our sub-licensees or assignees.
5.2 Your representations and warranties about the User Content
You represent and warrant that the User Content you provide (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third-party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system.
5.3 You agree that you will not do any of the following:
- You agree that you will not post any private information about yourself or others (e.g., telephone numbers, addresses, email addresses, account numbers, etc.)
- You agree not to post any false, deceptive or misleading information
- You agree not to post any content that encourages “gaming” or “churning” of another party’s products or services
- You agree that you will not post SPAM (i.e., advertising, commercial materials or content, solicitations or promotional materials)
- You agree that you will not post anything disrespectful, illegal or in violation of our Terms of Service and policies (e.g., unlawful, harmful, abusive, racially or ethnically offensive, discriminatory, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable)
- You agree that you will not create a risk of loss or damage to any person or property
5.4 Your obligations if you violate (or someone accuses you of violating) their rights with respect to the content you provide.
You will indemnify and hold Crediverso harmless for any and all claims resulting from your User Content.
5.5 Monitoring, editing or removing your User Content
Crediverso has the right but not the obligation to monitor, edit or remove the User Content you provide, for any reason, or no reason. Any User Content you provide is non-confidential and Crediverso will not be liable for its use or disclosure.
5.6 No compensation for your ideas, content, suggestions, submissions etc.
If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to Crediverso, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that Crediverso may have something similar to the Ideas under consideration or in development.
5.7 Responses to your User Content
The comments or responses that Crediverso posts under its official account are not provided, reviewed or endorsed by any Provider unless specifically stated otherwise in the response. Please keep in mind that the Provider has no obligation to monitor any of the comments, questions or reviews posted (yours or ours), and is therefore not responsible to ensure that your posts and/or questions are answered.
5.8 Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Crediverso Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Crediverso and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Crediverso Content. Use of the Crediverso Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Use of any Crediverso Content as part of a link to or from any site is prohibited unless establishment of such link is approved in advance by Crediverso in writing.
5.9 DMCA Notice
Since we respect artist and content owner rights, it is Crediverso’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Crediverso’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site (e.g., a URL);
- Information reasonably sufficient to permit Crediverso to contact you, such as your address, telephone number, and, email address;
- 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 law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying Crediverso and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Crediverso’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
6. Privacy and Security
You agree that you will be personally liable for your use of the Service. You agree to defend, indemnify and hold harmless Company and its subsidiaries, officers, directors, agents and employees, Providers (and their officers, directors, agents and employees), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password or other security code. Company reserves the right but not the obligation, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8. DISCLAIMER OF WARRANTIES AND GUARANTEES; LIMITATION OF LIABILITY
THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; OR (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USEAGE OR TRADE. YOU UNDERSTAND AND AGREE THAT NOTHING RELATED TO THE SERVICE CONSTITUTES INVESTMENT, LEGAL AND/OR OTHER PROFESSIONAL ADVICE.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CREDIVERSO, ITS PARENT, SUBSIDIARIES, OR PROVIDERS OR THEIR RESPECTIVE AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE OR $100, WHICHEVER IS GREATER.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The following in no way limits the preceding disclaimers of guarantees or warranties and limitation of liabilities, but shall serve as examples of what is disclaimed/limited:
8.1 ASSUMPTION OF RISK:
YOU ASSUME ALL RISK AND ANY AND ALL DAMAGES ASSOCIATED WITH YOUR USE OF THE SERVICE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICE.
8.2 SERVICE AVAILABILITY:
COMPANY DOES NOT GUARANTEE THE CONTINUOUS OPERATION OR ACCESS TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY; (V) THAT THE SITE OR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (VI) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
8.3 NO GUARANTEE OF ACCURACY OR RELIABILITY:
COMPANY DOES NOT GUARANTEE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY ERRORS, MISTAKES OR OTHER INACCURACIES IN THE INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO CONFIRM THE ACCURACY OF THE INFORMATION DISPLAYED ON THE SITE OR PROVIDED THROUGH THE SERVICE
DIRECTLY WITH THE PROVIDERS.
8.4 INFORMATIONAL PURPOSES ONLY; NO RECOMMENDATIONS OR ADVICE:
THE CONTENT, INFORMATION AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALL FINANCIAL DECISIONS MADE BY YOU ARE YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A FINANCIAL ADVISER WHO UNDERSTANDS AND KNOWS YOUR SPECIFIC FINANCIAL CIRCUMSTANCES BEFORE MAKING ANY FINANCIAL DECISIONS. NOTHING ON THE SITE SHOULD BE INTERPRETED AS A FINANCIAL RECOMMENDATION FOR YOU.
8.5 NO WARRANTIES REGARDING PROVIDERS OR OTHER THIRD PARTIES:
8.6 WE ASSUME NO LIABILITY FOR THE RELATIONSHIP AND INTERACTIONS BETWEEN YOU AND A PROVIDER OR OTHER THIRD PARTY:
9. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CREDIVERSO HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Crediverso agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Crediverso that relates in any way to or arises out of this or previous versions of the Agreement, your use of or access to the Service, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
9.1 Dispute resolution
For any dispute with Crediverso, you agree to first contact us at info@Crediverso.com and attempt to resolve the dispute with us informally. In the unlikely event that Crediverso has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Crediverso claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Nothing in this Section 10 shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.
Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
9.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CREDIVERSO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND CREDIVERSO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
9.3 Arbitration Procedures
Overview: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 9.2 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
Rules and Procedures: The arbitration will be conducted by the American Arbitration Association («AAA») under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word «arbitrator» in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
Notice: A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute («Notice»). The Notice to Crediverso should be sent to Crediverso at firstname.lastname@example.org. Crediverso will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
Post-Notice Initiation of Proceedings: If you and Crediverso are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Crediverso may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Crediverso at email@example.com. In the event Crediverso initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Account. Any settlement offer made by you or Crediverso shall not be disclosed to the arbitrator.
Arbitration Location: The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Crediverso may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Crediverso subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Crediverso may attend by telephone, unless the arbitrator requires otherwise.
Arbitrator Decision; Final and Binding: The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege
recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Crediverso user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
9.4 Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
With the exception of any of the provisions in Section 9.2 of this Agreement to Arbitrate («Prohibition of Class and Representative Actions and Non-Individualized Relief»), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
9.6 Waiver of Jury Trial and Class Action
YOU AND WE AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (e) OR UNDER THE FEDERAL ARBITRATION ACT).
9.7 Opt-Out Procedure
IF YOU ARE A NEW CREDIVERSO USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE («OPT-OUT») BY MAILING US A WRITTEN OPT-OUT NOTICE («OPT-OUT NOTICE»). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME (I.E., YOU ACCEPT THE USER AGREEMENT WHEN YOU USE THE CREDIVERSO WEBSITE, WWW.CREDIVERSO.COM). YOU MUST EMAIL THE OPT-OUT NOTICE TO INFO@CREDIVERSO.COM.
Your Opt-Out Notice must include the following information: your name, address (including street address, city, state and zip code), and the email address associated with your Account. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
9.8 Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Crediverso prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Crediverso. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Crediverso.com at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may deactivate your Account within the 30-day period and you will not be bound by the amended terms.
9.9 Judicial Forum for Legal Disputes
You agree that: (i) the Service shall be deemed solely based in the State of Delaware, USA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Crediverso, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without regard to principles of conflict of law.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Crediverso must be resolved exclusively by a state or federal court located in Delaware. You and Crediverso agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes. You agree to submit to the personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
10.1 Monitoring of Our Services and Disclosure for Administrative and Legal Reasons:
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Crediverso without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
10.3 Entire Agreement.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall be given effect to the greatest extent possible and shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
10.5 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Crediverso’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Headings are for reference purposes only and do not limit the scope or extent of such Section.
The following Sections survive any termination of this Agreement: Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
10.8 No Agency or Joint Venture.
Neither this Agreement nor the use of the Service shall be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Crediverso, except and solely to the extent expressly stated herein.
10.9 Provider and Other Third-Party Terms.
The Service may contain links to third-party and Provider websites, advertisers, services, or special offers that are not owned or controlled by Crediverso. Crediverso does not assume any responsibility for any third-party sites, information, materials, products, or services.
In some instances, Providers require that Crediverso’s Users agree to be bound by some additional Terms of Service that are specific to particular products or services (“Provider Terms”). In the event of any conflict between the Provider Terms and Crediverso’s Terms of Service related to the Service, Crediverso’s Terms of Service govern and control.
When you link to Provider or other third-party sites you do so at your own risk and you should be aware that our terms and policies do not govern, except to the extent expressly provided for herein. You should always review the third-party’s applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Please contact us at info@Crediverso.com with any questions regarding this Agreement.
Notice to California Residents: Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Copy/Save Agreement: You agree to print or save a copy of this Agreement for your records and you agree and acknowledge that you can access,
receive and retain all Disclosures electronically sent via email or posted on the Site.