End-User License Agreement for Hero Button
Hero Button by awesomizer
Terms of Use Agreement
This Agreement contains the Terms of Use governing your access to and use of the
Service of eCreditHero Inc (the “Company”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Service. You agree that by using the service you represent that you are at least 18 years old and that you are legally able to enter into this agreement.
Overview
By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our Website) or you are a “Customer” (which means that you have registered with our Website). The term “you” or “User” refers to a Visitor or a Customer. The term “we” refers to the Company. If you wish to become a Customer, communicate with other Customers and make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. The Service can be accessed via our website at www.ecredithero.com, or through our application available through the Chrome and Firefox extensions stores, or through our social media and online communities(collectively, the “Website” or the “Site”).
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with the Company. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Changes to Terms
The Company may, at any time, for any reason and without notice, make changes to (i) the Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
Description of Services
The Service is a personal finance information service in which users can access their credit report, identify errors on their credit report, perform actions to challenge them, and receive credit education. The Service is provided to you for educational purposes only and is meant as an aid to assist you with your personal finances. It is not intended to provide, legal, tax or financial advice. The Company makes no representations regarding the frequency with which it updates Customer data and may at its discretion temporarily stop or permanently discontinue updating Customer data at any time.
You understand that by accepting these Terms and Conditions you are authorizing the Company to access the information in your credit reports from each national credit reporting agency to provide the Services and/or services to you. You agree and hereby authorize the Company to obtain this information as provided in our Privacy Policy, as may be amended from time to time. You waive any and all claims against the Company, its agents, clients and employees for the Company’s use of such information.
Privacy Surrounding Your Personal Information
For information about our privacy policy and data security practices, please read our Privacy Policy, which hereby is incorporated in this Agreement. The policy explains how the Company treats your personal information when you access the Service. The privacy policy can be updated from time to time. If updates are made, the changes will be affective upon posting the edited Privacy Policy on our Website.
Jurisdiction
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. The Company makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
[Patent Information
Technologies and processes embodied or used by this Site may be covered under one or more patent pending filed by the Company with the United States Patent Trademark Office.]
Copyrights
The materials at this Site, as well as the organization and layout of this Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include the Company’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish or license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, or transfer or sell any information obtained from this Site without the prior written permission of the Company.
Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of the Company. You may not use a part of this Website on any other website, without the Company’s prior written consent.
Trademarks
The Company (including the Company logo) and all other related logos are trademarks of service marks of the Company. Other company product and service names and logos used and displayed on this Site may be trademarks or service marks owned by the Company or others. You may not use, copy, display, distribute, modify or reproduce any of the Company trademarks found on the Site except in accordance with written authorization by the Company.
Opting-Out; Termination of Account
We allow you to stop receiving our commercial and marketing emails at any time by following the unsubscribe instructions included in these emails, as set forth in our Privacy Policy. You will still receive periodic transactional emails pertaining to our Service, alerts and updates, as well as registration confirmation and responses to direct requests you have made. If you wish to stop receiving such periodic transactional emails, you may terminate the Service by unsubscribing and deleting any web extension from your browser.
Links
For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, the Company does not control or endorse such websites and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. This Terms of Use policy applies only to the Company’s Website and the products and services the Company offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. The Company reserves the right to terminate any link or linking program at any time. The Company disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to the Company that you will use the Service only for educational purposes. You will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Spamming
Gathering email addresses from the Company through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with the Company should be directed to: [info@eCreditHero.com].
No Warranties
THE WEBSITE, THE SERVICE AND ANY CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH THE COMPANY EXPRESSLY DISCLAIMS. THE COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT, AND THE COMPANY WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE COMPANY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Governing Law
These Terms of Use shall be governed in all respects by the laws of the State of Delaware, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
Separate Agreements
You may have other agreements with the Company. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with the Company.
User Submissions and Communications; Public Areas
You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content you supply.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website (“Public Areas”) are not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. Although it will not moderate the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. The Company has full discretion to delete messages. Users are encouraged to first read the specific forum rules displayed in each discussion forum before participating in that forum.
The Company reserves the right (but is not obligated) to do any or all of the following:
Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to comply with these Terms of Use.
Terminate a Customer’s access to any or all Public Areas and/or the Company Site upon any breach of these Terms of Use.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the Company Site, regardless of whether such communication(s) violate these standards.
By using our Service and accessing our Public Areas, you agree that the Company is not responsible for the content posted by persons other than the Company.
Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any the Company confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use, the Service, the Content or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. 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 held in Delaware, USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
You agree not to initiate or participate in any class action proceeding against the Company, whether in a judicial or mediation or arbitration proceeding, and you waive all rights to become a member of any certified class in any lawsuit or proceeding.
Limitation of Liability
YOUR USE OF THE CONTENT AND THE SERVICE IS AT YOUR OWN RISK. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT OR THE SERVICE (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE COMPANY SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Accounts and Security
The Company does not warrant that the functions contained in the Service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this Service or the server that makes it available will be free of viruses or other harmful components.
[As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide the Company with accurate, complete, and updated account information.] Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
select or use a Login Name of another person with the intent to impersonate that person;
use a name subject to the rights of any other person without authorization; or
use a Login Name that we deem, in our sole discretion, inappropriate or offensive.
You shall notify the Company of any known or suspected unauthorized use(s) of our Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.]
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at the Company’s sole discretion, and you may be reported to appropriate law-enforcement agencies.