The CreditYES Web site ("Site") is offered to you, the user, conditioned on your acceptance of the terms, conditions and notices contained herein.
Modification of These Terms & Conditions
CreditYES reserves the right to change the terms, conditions, and notices under which this Site is offered at any time without notice.
Everything on this Site is copyrighted, unless otherwise noted, and may not be used except with our express written consent.
All trademarks, service marks, and trade names (collectively the "marks") that appear on this Site are proprietary to CreditYES, or other respective owners.
Links to Third Party Sites
CreditYES may contain links to web sites operated by third parties other than CreditYES. Such links are provided for your reference only. CreditYES does not control such web sites, and is not responsible for the contents of these web sites. CreditYES' inclusion of links to such web sites does not imply any endorsement of the material on such web sites.
All information, services, products, and materials contained on this Site, including text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, CreditYES disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, CreditYES does not represent or warrant that the information accessible via this Site is accurate, complete or current.
If any controversy, dispute or claim arising out of or related to your use of this Site arises, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, CreditYES will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of CreditYES' trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the "Intellectual Property") or any act or omission by you that may impair the goodwill associated with the Intellectual Property.
Limitation of Liability
CreditYES, will not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if CreditYES has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Site. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Customer shall be responsible for all charges up to the amount of each agreement, or as set in an online account, and shall pay all charges in U.S. Dollars. Unless agreed to by the parties in writing, Customer shall pay all charges in accordance with the payment terms in the applicable agreement or Program. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Customer is responsible for paying (y) all taxes, government charges, and (z) reasonable expenses and attorneys fees CreditYES incurs collecting late amounts. To the fullest extent permitted by law, Customer waives all claims relating to charges (including without limitation any claims for charges based on suspected invalid leads) unless claimed within 60 days after the charge (this does not affect Customer's credit card issuer rights). Charges are solely based on CreditYES' measurements for the applicable Program, unless otherwise agreed to in writing. Nothing in these Terms or an agreement may obligate CreditYES to extend credit to any party. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to CreditYES may be shared by CreditYES with companies who work on CreditYES' behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to CreditYES and servicing Customer's account. CreditYES may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. CreditYES shall not be liable for any use or disclosure of such information by such third parties.
All sales are Final. Due to the nature of the service we are providing, no refunds or exchanges will be offered for Leads once they have been processed and delivered. To the fullest extent permitted by law, refunds (if any) are at the discretion of CreditYES and only in the form of lead credit. Upon termination of the customer's account, unused account balances will be refunded to the customer within 30 days.
Use of Leads
Customer further represents, undertakes and agrees that customer will not use any Lead for unsolicited bulk mail messages ("junk mail" or "spam") or for engaging in illegal telemarketing activities and that all times a Lead will be used only in accordance with all applicable laws.
Customer agrees that any of Customer's agents, representatives, employees, or any person or entity acting on Customer's behalf with respect to the use of the Platform (as defined below), shall be bound by, and shall abide by, these terms and conditions. Customer further agrees that Customer is bound by this Agreement whether Customer is acting on Customer's own behalf or on behalf of a third party, including another Customer.
This Agreement may be placed on hold or terminated by either party at any time. This Agreement may be terminated immediately upon notice for Customer's breach of this Agreement, or if Customer infringe CreditYES' intellectual property rights during the term of this Agreement. Customer's Account may be deactivated as a result of any material breach of this Agreement pending termination or remedy of Customer's breach (where such breach is remediable). If this Agreement is terminated for Customer's breach, Customer shall not be eligible to enter into a new Agreement with CreditYES, and any attempt to do so shall be null and void. Upon termination of this Agreement, Customer agrees to immediately destroy or delete all physical and electronic copies of CreditYES' intellectual property or other proprietary materials and any Confidential Information. CreditYES reserves the right to terminate or suspend the Account of any Customer that may breach any of the terms or conditions in this Agreement.
Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of the Agreement shall survive and remain in effect after such happening.
Personal & Non-Commercial Use Limitation
This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. The content available through this Site is the sole property of CreditYES or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, CreditYES-owned content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by CreditYES licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone, including but not limited to others in the same company or organization without CreditYES' express prior written consent.
ALL CONTENT PROVIDED ON THIS SITE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN CREDITYES AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. CREDITYES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. CREDITYES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CREDITYES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CREDITYES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CREDITYES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. As a condition of your use of this Site, you warrant to CreditYES that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
This agreement is governed by the laws of the State of Oregon, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Multnomah County, Oregon, USA in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CreditYES as a result of this agreement or use of this Site. CreditYES' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CreditYES' right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by CreditYES with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and CreditYES with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CreditYES with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.