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Terms and conditions

 ACCEPTANCE OF TERMS

BankCredits, Inc., Company ("BankCredits") provides this web site ("Web Site") to you. This agreement is made between you and BankCredits, the provider of the products and services at this Web Site. The Web Site, all membership services such as access to on-line credit analysis tools, credit information, and your credit summary ("Services") and text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") is subject to the following terms and conditions, which may be updated from time to time.

YOUR ACCESS TO AND USE OF THIS WEB SITE AND THE SERVICES PROVIDED ON THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE, THE SERVICES, OR ANY INFORMATION CONTAINED ON THIS WEB SITE. YOUR ACCESS TO AND USE OF THIS WEB SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.

 USE OF THE SERVICES
In consideration of your use of the Content and Services, you agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on this Web Site. By registering on this Web Site, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if BankCredits has reasonable grounds to suspect that such information is untrue, inaccurate or not current, BankCredits, at its sole discretion, has the right to suspend or terminate your membership and refuse all current or future access to the Content and use of the Services or suspend or terminate any portion thereof. Further, you agree that BankCredits will not be liable to you or any third party if BankCredits suspends or terminates your access to the Content or Services for any reason.

 PASSWORDS/USER ID PROTECTION AND USE
To obtain membership for the Services, you will need to select a password and user ID upon completing the registration process. You agree to maintain the confidentiality of your password and user ID and are fully responsible for all activities using your password or user ID. You agree that under no circumstances will you provide your password or user ID to a third party. You agree to immediately notify BankCredits of any unauthorized use of your password or your user ID or any other breach of security, and to exit from your account at the end of each session. BankCredits cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY
You acknowledge and agree that all Content is the copyrighted work of BankCredits or third party content suppliers and is protected by copyright laws. You acknowledge that BankCredits, the CreditExpert logo, all page headers, custom graphics, and button icons are service marks, trademarks and/or trade dress of BankCredits and that all other trademarks, product names, company names or logos on the Web Site are the property of their respective owners. In addition to comply with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress or other logos from this Web Site. You acknowledge that BankCredits has expended substantial time, effort and funds to create and deliver the Services and compile the data contained therein. The Services and data are and will continue to be BankCredits's exclusive property.

 PROPRIETARY SOFTWARE
All software used in connection with this Web Site ("Software") is the property of BankCredits or its suppliers and is protected by U.S. patent and copyright laws. Any use of the Software other than as required to navigate and to utilize the functionality offered through this Web Site is prohibited. You agree not to copy, distribute, publicly display, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software.

 CONNECTION REQUIREMENTS
You are responsible for providing and maintaining, at your own option and expense, all hardware, software and communication lines required to access and use this Web Site. BankCredits reserves the right to change the configuration of the hardware, software and communication requirements at any time.

 MODIFICATION TO SERVICES
BankCredits may, at its discretion, modify or discontinue any of the Services or Content or a portion thereof, with or without notice. You agree that BankCredits will not be liable to you or any third party for any modification or discontinuance of any of the Services or Content.

 DISCLAIMERS
Information contained on this Web Site has been prepared by BankCredits as a convenience to its users and has been compiled based upon general information and characteristics. Each individual situation differs and any advice provided has not necessarily relied on unique individual facts. BankCredits has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in this Web Site. The information contained on this Web Site does not constitute legal, tax, accounting or other professional advice. Users relying on Content from this Web Site do so at their own risk and are encouraged to seek professional advice when appropriate.

BankCredits may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model "what-if" scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report. BankCredits makes no warranty regarding the accuracy of such calculators available for use on this Web Site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE, THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. BANKCREDITS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. BANKCREDITS AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT BANKCREDITS AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES EVEN IF BANKCREDITS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES, CONTENT OR SOFTWARE, ANY USE OR RELIANCE ON ANY LINKED WEB SITE OR ANY OTHER MATTER RELATED TO THE SERVICES OR CONTENT. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON BANKCREDITS, THEN YOU AGREE THAT BANKCREDITS'S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM BANKCREDITS'S ACTS OR OMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BANKCREDITS UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE ALLEGED BREACH BY BANKCREDITS OF THIS AGREEMENT.

 LINKS TO THIRD PARTIES
This Web Site may contain links to Web Sites maintained by third parties. Such links are provided for your convenience and reference only. BankCredits does not operate or control in any respect any information, software, products or services available on such Web sites. BankCredits's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

 GENERAL PROVISIONS

 Entire Agreement
These terms and conditions, the Privacy Policy, and other policies BankCredits may post constitute the entire agreement between BankCredits and you in connection with your use of this Web Site, the Services, and the Content including prior versions of the terms and conditions, if applicable. BankCredits may update these terms and conditions from time to time by posting revised terms and conditions on this Web Site, without notice to you, and your subsequent use of the Web Site is governed by those new terms and conditions. The terms and conditions are effective until terminated by BankCredits. In the event of termination, the copyrights, trademarks, and intellectual property, disclaimers, limitations of liabilities, and jurisdiction provisions set forth in these terms and conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Web Site, these terms and conditions will control.

 Governing Law
These terms and conditions are governed by the laws of California without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction and venue of the courts in Orange County, California. This agreement constitutes the entire agreement between BankCredits and you, and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

 ADDITIONAL TERMS AND CONDITIONS THAT ARE SERVICE SPECIFIC
The terms explained below are service specific and apply to the particular service indicated in addition to the terms and conditions listed above.

 Credit Manager
Services: Upon approval of your membership for Credit Manager, you will be provided with unlimited access to your summarized credit history, your Credit Score, the Credit Usage Analyzers, and the Calculators. Your credit information and your Credit Score will be refreshed each time you request them, except that they will only be refreshed once during any 24 hour period in which you make multiple requests for such information. Your Credit Score may be stored weekly or quarterly based on the frequency of your visits to the Web Site. For members who elect to receive e-mail notification of Credit Monitoring changes, notifications will be sent within a reasonable time.

Membership Term: Upon the expiration of any free trial period, your membership in the Credit Manager service is effective for the period covered by your membership fee and continues upon your payment of the (monthly/annual) renewal fee automatically charged to the credit card or other billing source authorized by you. Your membership will continue for the period covered by your membership fee starting from the date your membership fee is charged. Renewal membership fees will conveniently and automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, until you cancel your membership. You will be notified by email approximately 30 days prior to your renewal date and provided with access to Credit Manager's current Terms and Conditions. Should you choose to discontinue your membership for any reason before expiration of the membership term for which you have paid, you may cancel your membership and terminate further billing on this Web Site. Your refund will be based on your remaining paid membership term. BankCredits reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership.

Registering: To enroll in an annual Credit Manager membership, you must complete an on-line registration form which includes an address within the United States, and you agree to be bound by this Agreement. We are not able to accept and process joint registration for a married couple. The information you provide must be complete and accurate so that we may verify your information, and you hereby certify that all information you provide shall be true complete and accurate. In addition, you must provide valid credit card information. We will then evaluate your complete registration information for membership enrollment to the service.

©2000-2003 - BankCredits Inc. - ALL RIGHTS RESERVED