45Credit.com - Terms of Use

45CREDIT.com Terms of Use

The 45CREDIT.com® Web Site (the "Site") is an online source of information and educational service provided by 45CREDIT.com for your personal use, subject to your agreement to the Terms of Use set forth below.

Please read the following Terms of Use carefully before using this Site, including but not limited to the arbitration clause in Section 8 below. If you do not agree with any of the Terms of Use, please do not use this Site. By accessing or using this Site, you agree to be bound by these Terms of Use. 45CREDIT.com reserves the right to change these Terms of Use at any time, and by continuing to use the Site after we post a change, you will be deemed to have accepted the new Terms of Use. Therefore, you should check these Terms of Use for updates from time to time.

The Terms of Use apply to 45CREDIT.com, which is referred to as "45CREDIT.com," "we," or "us." These Terms of Use apply to all users of this Site, including but not limited to registered users of 45CREDIT.com educational services or information.

1. Disclaimer of Warranties and Liability
This Site is for informational and educational purposes only, and is intended to provide helpful and informative material on the subjects addressed. 45CREDIT.com does not provide legal, accounting, investment, financial, or any other kind of professional advice. To make sure that information or suggestions on this site fit your particular circumstances, you should consult with an appropriate professional before taking action based on any suggestions or information on this site. 45CREDIT.com does not provide so-called "credit repair" services governed by the federal Credit Repair Organizations Act or similar state laws. 45CREDIT.com does not, nor will not help you to obtain your credit report. 45CREDIT.com does not give advice regarding "cleaning up" your credit record or credit history. 45CREDIT.com does supply you with education services and tools so you may correct inaccurate information on your credit reports. You understand that you have the right to correct inaccurate information on your credit report for free. 45CREDIT.com does not control the content of your credit reports, which are based on your past or historical credit behavior, and we cannot change that information for you. Neither you nor anyone else has the right to have accurate and current information removed from your credit report. However, if information in your report is inaccurate, you have the right to dispute it by contacting the credit bureau on your own.

Credit Score Accelerator calculates the estimated credit score based on information provided by user. Each bureau uses its own proprietary formula to calculate credit scores based on information in their credit file. Some elements of their formula are unpublished. While 45Credit.com has used its best efforts to provide a realistic estimate of the credit score, it is an estimate. All estimates and projections are educational and are derived solely from user input. No direct or implied guarantees of the accuracy of the Credit Score Accelerator's results are given.

Educational services offered by 45CREDIT.com and others through this Site are provided "as is" and without any express or implied warranty or representation of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. 45CREDIT.com makes no representation concerning, nor does it warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability, or fitness for any particular use or purpose of any information or educational services offered by 45CREDIT.com and others through this Site. In no event will 45CREDIT.com be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages, for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, or failure to achieve any particular result, whether in an action based on contract, negligence, other tort, or strict liability, even if 45CREDIT.com is expressly advised of the possibility of those types of damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you.

Interactive tools such as the Credit Score Accelerator are made available to you as information for your independent, personal use. We make no representations concerning, and do not guarantee, it's accuracy or it's applicability to your circumstances. The Credit Score Accelerator provides only approximate information based on certain assumptions that may or may not apply to you. Consequently, we make no promise or guarantee (express or implied) with regard to the Credit Score Accelerator.

2. Confidentiality
45CREDIT.com's policy with respect to the privacy of individuals' personally identifiable and other information is set forth in our Privacy Policy, which you should review carefully. Comments, suggestions, ideas, or materials (including without limitation original or creative materials) sent or transmitted to 45CREDIT.com (collectively "Feedback") will be considered non-confidential (even if they are marked confidential) and will become the sole property of 45CREDIT.com. Subject to the conditions described in the Privacy Policy with respect to personally identifiable information, 45CREDIT.com has no obligation of any kind with respect to your Feedback and will be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgment to you, including, but not limited to, developing and marketing products and educational services incorporating your Feedback.

3. Trademark Rights
The 45CREDIT.com educational service names referenced in this Site, including without limitation 45CREDIT.com, the 45CREDIT.com Logo, the Credit Score Accelerator, (collectively, "45CREDIT.com") are trademarks or registered trademarks of 45CREDIT.com Corporation in the United States and/or in other countries. You do not have a right to use any of our logo or trademarks. Other products, educational services and company names mentioned on the Site may be the trademarks of their respective owners.

4. Copyright Notice
Copyright Notice: © 2007 45CREDIT.com Corporation, All Rights Reserved. Except as otherwise provided, 45CREDIT.com owns all content contained in this Site, including without limitation computer code and the information, materials, text, Site design, and the selection, assembly and arrangement of those items ("Content"). The Content is protected by copyright laws of the U.S. and other countries, and you may not use it for any commercial purpose or copy, distribute, display, modify, reproduce, perform, publish, post, or reverse engineer any Content, in whole or in part, without the prior written permission of 45CREDIT.com. Affiliate Partners of 45CREDIT.com may obtain consent to use portions of our content. For more information please send regular mail to Internet Manager, 45CREDIT.com; 6370 W. Flamingo Rd #1; Las Vegas, NV. 89103; USA.

5. Linking Policies
You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that the link (i) does not portray 45CREDIT.com and/or its affiliates or any of their respective educational services in a false, misleading, derogatory, or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement, or affiliation of your web site or educational services by 45CREDIT.com. Further, you may not create a hypertext link to this Site if you are a credit repair organization as defined in the federal Credit Repair Organizations Act or similar state laws. This limited linking right may be revoked at any time. You may not modify or alter the appearance or Content of the Site, nor use framing techniques to enclose any 45CREDIT.com web page, nor use or copy any trademark, logo, or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without 45CREDIT.com's express written consent. To obtain consent, please mail your request to Internet Manager; 45CREDIT.com; 6370 W. Flamingo Rd #1; Las Vegas, NV. 89103; USA.

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You are granted only a limited license to link for 45 days to this Site and nothing in these Terms of Use grants you any rights in (i) any 45CREDIT.com Marks; (ii) the Content; (iii) any computer code; or (iv) any other intellectual property or proprietary rights of 45CREDIT.com.

45CREDIT.com makes no representations, warranties, or endorsements with respect to any non-45CREDIT.com web site which may be accessed through a link on this Site. When you access a non-45CREDIT.com web site, please understand that 45CREDIT.com has no control over the content or information or any products or services offered at that site or the privacy policies relating to that site.

6. International Use
Unless otherwise specified, the materials on 45CREDIT.com's Site are intended for use by US residents only. Recognizing the global nature of the Internet, you agree to comply with all local laws including, without limitation, laws about the Internet, data, email, export, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside.

7.Resolution of Claims and Disputes; Arbitration
This Site is controlled and operated by 45CREDIT.com through its corporate headquarters in the State of NEVADA and this Agreement will be governed by, construed and enforced in accordance with the laws of the State of NEVADA, as it is applied to agreements entered into and to be performed entirely within that State.

We will try work in good faith to resolve any issue you have with our educational service or the Site if you bring that issue to the attention of our client educational service department by email. However, we realize that there may be rare cases where we may not be able to resolve an issue to a client's satisfaction. You agree that any dispute or claim arising out of or relating in any way to your use of this Site must be resolved exclusively by binding arbitration. The only exception would be if you have violated or threatened to violate the intellectual property rights of 45CREDIT.com or any third party, in which case 45CREDIT.com or that third party may go to court to seek an injunction or other appropriate relief. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes. Unless a different result is required by applicable law, no claims of any other parties may be joined or otherwise combined in the arbitration proceeding. In other words, you agree that you will not be allowed to file a class action or any kind of class or joint arbitration. Unless otherwise expressly required by applicable law, each party is responsible for its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which the arbitrator is not authorized to award), and subject to these Terms of Use, the arbitrator is authorized to award either party any money damages or any provisional or equitable remedy permitted by applicable law.

The award of the arbitrators may be enforced by the prevailing party in any court having jurisdiction. Each party consents to the non-exclusive jurisdiction of the courts of the State of NEVADA or to any Federal Court located within the State of NEVADA for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim, or provisional equitable remedies.

If this arbitration agreement is held to be invalid or otherwise unenforceable for any reason, it will be severed from these Terms of Use and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Las Vegas, Nevada.

You agree that, even if a statute of limitations or other law provides for a longer time period, any action against 45CREDIT.com, its officers, directors, employees, agents, licensers, suppliers and any third party providers of information or educational services relating to this Site or any information, or educational services available on or from this Site must be brought within 6 months after the event that gave rise to the cause of action or it is forever barred.

BECAUSE YOUR USE OF THIS SITE REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE FOR ANY REASON, THEN YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN LAS VEGAS, NEVADA, AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM.

8. Indemnification
You agree to indemnify, defend and hold harmless 45CREDIT.com, its officers, directors, employees, agents, licensers, suppliers and any third party providers of information or educational services to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms of Use of or your violation of the intellectual property rights of 45CREDIT.com or any of those other parties.

9. Miscellaneous No waiver by 45CREDIT.com of any breach of these Terms of Use or of any User Agreement will constitute a waiver of any other breach of the same or other provisions. Any waiver must be in writing. If any provision in these Terms is found by a court or arbitrator to be invalid or unenforceable, the parties agree that the court or arbitrator should give effect to these Terms of Use to the extent possible, and the other provisions of these Terms of Use will remain in full force.

45CREDIT.com is not responsible for delays or failure to perform due to causes beyond its reasonable control.

It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.

If we have not specifically granted you a right under these Terms of Use or a User Agreement, that right is reserved to 45CREDIT.com.

10. Electronic Agreement:
YOU AND 45CREDIT.COM HAVE ENTERED INTO THIS AGREEMENT INTENDING TO BE BOUND BY YOUR ELECTRONIC ACCEPTANCE OF THE AGREEMENT. IN THE FUTURE, YOU AGREE TO BE BOUND TO SPECIFIC TERMS AND CONDITIONS OF SALES, AND MODIFICATIONS TO THIS AGREEMENT BY ELECTRONICALLY ACCEPTING SUCH TERMS AND CONDITIONS. THIS AGREEMENT MAY BE PRINTED AND RETAINED BY YOU FOR FUTURE REFERENCE. 45CREDIT.COM WILL PROVIDE YOU WITH FREE PAPER COPIES OF THIS AGREEMENT UPON YOUR REQUEST TO 45CREDIT.COM CLIENT SERVICE. YOU MAY WITHDRAW YOUR ACCEPTANCE OF THIS AGREEMENT AT ANY TIME PRIOR TO PURCHASING THE EDUCATIONAL SERVICE BY NOTIFYING 45CREDIT.COM CLIENT SERVICE IN WRITING, HOWEVER, YOU WILL NOT BE ABLE TO PURCHASE THE EDUCATIONAL SERVICE. YOU ARE OBLIGATED TO CONTACT 45CREDIT.COM CLIENT SERVICE IN THE EVENT THAT ANY INFORMATION YOU PROVIDED 45CREDIT.COM DURING REGISTRATION HAS CHANGED.