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AGREEMENT BETWEEN USER AND creditearth.com.
The
Credit Earth Web Site is comprised of various Web sites and
Web pages operated by Credit Earth.com or its affiliates (collectively,
the "CE Web Sites"). The Credit Earth Sites are offered to
you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your
use of the CE Web Sites constitutes your agreement to all
such terms, conditions, and notices. Additionally, the CE
Web Sites may themselves contain additional terms that govern
particular features or offers (for example, sweepstakes or
chat areas). In the event that any of the terms, conditions,
and notices contained herein conflict with the Additional
Terms or other terms and guidelines contained within any particular
CE Web Site, then these terms shall control.
MODIFICATION
OF THESE TERMS OF USE
Credit
Earth reserves the right to change the terms, conditions,
and notices under which the CE Web Sites are offered, including
but not limited to the charges associated with the use of
the CE Web Sites. You are responsible for regularly reviewing
these terms and conditions.
PERSONAL
AND NON-COMMERCIAL USE LIMITATION
Unless
otherwise specified, the CE Web Sites are 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 the CE Web Sites.
LINKS TO THIRD PARTY SITES
The
CE Web Sites may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of the
Credit Earth.com and the Credit Earth.com is not responsible
for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates
to a Linked Site. Credit Earth.com is not responsible for
webcasting or any other form of transmission received from
any Linked Site. Credit Earth.com is providing these links
to you only as a convenience, and the inclusion of any link
does not imply endorsement by Credit Earth.com of the site
or any association with its operators.
NO
UNLAWFUL OR PROHIBITED USE
As
a condition of your use of the CE Web Sites, you warrant to
Credit Earth.com that you will not use the CE Web Sites for
any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the CE Web Sites
in any manner which could damage, disable, overburden, or
impair the CE Web Sites or interfere with any other party's
use and enjoyment of the CE Web Sites. You may not obtain
or attempt to obtain any materials or information through
any means not intentionally made available or provided for
through the CE Web Sites.
CARD
OBTAINMENT STATEMENT
In
providing the various links and displaying the various offerings
(Card, report or other financial services) on Credit Earth.com,
we make no guarantee that you will be able to obtain these
services from each and/or any of the respective companies
listed. In the event you are denied service either privately
or publicly, by the respective corporation's discretion, or
legally, by applicable federal and state laws, we are not
responsible for any denials, acceptances, and/or disputes
with each company who's link is on Credit Earth.com. By utilizing
the links on Credit Earth.com you acknowledge this and warrant
that Credit Earth.com is not liable for any discrepancy and/or
dispute resolution and understand that any issues that arise
are between the user and the respective company.
SERVICE
STATEMENT
In
providing the various links and displaying the various offerings
(Card, report or other financial services) on Credit Earth.com,
we make no guarantee that these services are the best in the
industry, in regards to customer service, price, APR interest
rates, and other listed features. If there are any ever service
or performance issues from each and/or any of the respective
companies listed, those issues are not the responsibility
of Credit Earth.com. By using the site and any listed links,
you acknowledge this and understand that Credit Earth.com
is not liable for any service and/or performance issues.
USE
OF COMMUNICATION SERVICES
The
CE Web Sites may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed
to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree
to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will
not:
· Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
· Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
·
Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or
have received all necessary consents.
·
Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation
of another's computer.
·
Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service specifically
allows such messages.
·
Conduct or forward surveys, contests, pyramid schemes or chain
letters.
·
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
· Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material contained in
a file that is uploaded.
·
Restrict or inhibit any other user from using and enjoying
the Communication Services.
·
Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
·
Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
·
Violate any applicable laws or regulations.
Credit
Earth.com has no obligation to monitor the Communication Services.
However, Credit Earth.com reserves the right to review materials
posted to a Communication Service and to remove any materials
in its sole discretion.
Credit
Earth.com reserves the right to terminate your access to any
or all of the Communication Services at any time without notice
for any reason whatsoever. Credit Earth.com reserves the right
at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Credit Earth.com's sole
discretion.
Always
use caution when giving out any personally identifying information
about yourself or your credit history in any Communication
Service. Credit Earth.com does not control or endorse the
content, messages or information found in any communication
service and, therefore, Credit Earth.com specifically disclaims
any liability with regard to the communication services and
any actions resulting from your participation in any communication
service. Managers and hosts are not authorized Credit Earth.com
spokespersons, and their views do not necessarily reflect
those of Credit Earth.com.
Materials
uploaded to a communication service may be subject to posted
limitations on usage, reproduction and/or dissemination, you
are responsible for adhering to such limitations if you download
the materials.
MATERIALS
PROVIDED TO ELEVATUS OR POSTED AT ANY EMG WEB SITE
Credit
Earth.com does not claim ownership of the materials you provide
to Credit Earth.com (including feedback and suggestions) or
post, upload, input or submit to any CE Web Site or its associated
services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission
you are granting Credit Earth.com, its affiliated companies
and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your
name in connection with your Submission.
No
compensation will be paid with respect to the use of your
Submission, as provided herein. Credit Earth.com is under
no obligation to post or use any Submission you may provide
and may remove any Submission at any time in Credit Earth.com's
sole discretion. By posting, uploading, inputting, providing
or submitting your Submission you warrant and represent that
you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
SOFTWARE
AVAILABLE ON THE EMG WEB SITES
Software
(if any) that is made available to download from the CE Web
Sites, excluding software that may be made available by end-users
through a Communication Service, ("Software") is the copyrighted
work of Credit Earth.com and/or its suppliers. Your use of
the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the
Software ("License Agreement"). You may not install or use
any Software that is accompanied by or includes a License
Agreement unless you first agree to the License Agreement
terms. For any Software not accompanied by a license agreement,
Credit Earth.com hereby grants to you, the user, a personal,
non-transferable license to use the Software for viewing and
otherwise using the particular CE Web Site in accordance with
these Terms of Use, and for no other purpose provided that
you keep intact all copyright and other proprietary notices.
All Software is owned by Credit Earth.com and/or its suppliers
and is protected by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software
is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the
maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software,
and any accompanying documentation and/or technical information,
is subject to applicable export control laws and regulations
of the USA. You agree not to export or re-export the Software,
directly or indirectly, to any countries that are subject
to USA export restrictions.
LIABILITY
DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE CE WEB SITES MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. ELEVATUS AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EMG WEB SITES
AT ANY TIME. ADVICE RECEIVED VIA THE CE WEB SITES SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION. CREDIT EARTH.COM AND/OR
ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE CE WEB SITES FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
CREDIT EARTH.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL CREDIT EARTH.COM AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE CE WEB SITES, WITH THE DELAY OR INABILITY TO USE THE
CE WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CE WEB
SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE CE WEB SITES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF CREDIT EARTH.COM OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE CE WEB SITES, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE CE WEB SITES.
SERVICE
CONTACT: inquiry@creditearth.com
TERMINATION/ACCESS
RESTRICTION
Credit
Earth.com reserves the right, in its sole discretion, to terminate
your access to any or all CE Web Sites and the related services
or any portion thereof at any time, without notice.
GENERAL
This
agreement is governed by the laws of the State of Washington,
U.S.A. You hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all
disputes arising out of or relating to the use of the CE Web
Sites. Use of the CE Web Sites 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 Credit Earth.com
as a result of this agreement or use of the CE Web Sites.
Credit Earth.com performance of this agreement is subject
to existing laws and legal process, and nothing contained
in this agreement is in derogation of Credit Earth.com's right
to comply with governmental, court and law enforcement requests
or requirements relating to your use of the CE Web Sites or
information provided to or gathered by Credit Earth.com 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 the agreement
shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the
user and Credit Earth.com with respect to the CE Web Sites
and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between
the user and Credit Earth.com with respect to the CE Web Sites.
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.
COPYRIGHT
AND TRADEMARK NOTICES
All
contents of the CE Web Sites are: Copyright © 2000 Credit
Earth.com and/or its suppliers, Seattle, Washington 98111
U.S.A.
All rights reserved.
TRADEMARKS.
Credit Earth.com, Credit Earth, "Earth News", and/or other
Credit Earth products referenced herein are either service
marks or trademarks of Credit Earth.com. The names of actual
companies and products mentioned herein may be the trademarks
of their respective owners. The example companies, organizations,
products, people and events depicted herein are fictitious.
No association with any real company, organization, product,
person, or event is intended or should be inferred. Any rights
not expressly granted herein are reserved.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice
and Procedure for Making Claims of Copyright Infringement.
FOR INFORMATION REGARDING THE CREDIT EARTH.COM PRIVACY
STATEMENT CLICK HERE.
ADDITIONAL TERMS SMALL BUSINESS
The
CE Business Offerings are provided to assist you with the
establishment of your business' credit, your right to use
the CE Business Card Offerings is personal to your company
and its employees. Except to the extent necessary to utilize
the services of the Credit Earth.com site, you may not make
any commercial use of the CE business card offerings.
Subscription-Based
Content: Some contents and/or services on CE sites may be
offered to you conditioned on your purchase of a subscription.
If you elect to purchase subscription-based content/services
and transmit to Credit Earth.com a subscription purchase request,
you warrant that all information that you submit is true and
accurate (including without limitation your credit card number
and expiration date), and you agree to pay all subscription
fees you incur plus all applicable taxes. You may cancel your
subscription to any fee-based content and/or services by contacting.
If you have purchased an automatically renewing subscription,
you will not be charged the monthly subscription fee thereafter
(but there are no refunds of subscription fees previously
paid). No cancellation of access to free content and/or services
or to non-renewing subscriptions is required. Your subscription
is personal to you and the members of your household, and
you may not transfer or make available your account name and
password to others, including without limitation your co-workers.
Any distribution by you of your account name and password
may result in cancellation of your subscription without refund
and in additional charges based on unauthorized use.
To
Unsubscribe from the Newsletter.
Go
to http://www.creditearth.com/earthnews.html,
and sign in, or register if you haven't yet. At the end of
the pages listing your personal information, you will be presented
with a check-box list of e-mail periodicals. Click the checked
box labeled "No" and in the comments/concerns text box, enter
that you do not want to receive "Earth News" messages from
that point on; this will unsubscribe you from the newsletter.
LEXINGTON
CREDIT REPAIR SERVICES
The
credit repair services that you may access through the hyperlinks
contained in the Consultation Web page are services of the
listed independent companies. Credit Earth.com provides hyperlinks
to selected repair, consolidation, mortgage, and additional
financial services for your convenience only. Credit Earth.com
is not a bank, lender, mortgage company, or any other financial
company and does not offer direct financial services; rather,
it is an online system that can help you select the proper
repair company. Credit Earth.com does not endorse or recommend
the services of any repair service. Credit Earth.com is not
an agent for you or any consultation that you select. The
type of consultation you select is solely responsible for
its services to you, and you agree that Credit Earth.com shall
not be liable for any damages or costs of any type arising
out of or in any way connected with your use of such services.
Credit Earth.com does not guarantee that the repair services
or rates offered and made available by the companies through
this Web site are the best terms or lowest rates available
in the market. Credit Earth.com also does not guarantee that
you will be able to obtain a repair services from any company;
repair services are established and maintained solely by individual
companies.
NO
PROFESSIONAL ADVICE
The
information appearing in the Credit Earth.com Web site and
in email news is intended solely as general guidance on the
financial aspects of creating and maintaining good credit
practices, and does not constitute financial, tax, accounting
or other professional advice. All contracts, repair services
and disclosures are in part guided by state law. Individual
situations and state laws vary and users are encouraged to
obtain appropriate advice from qualified professionals in
the applicable jurisdictions.
ACCURACY
OF INFORMATION
Information
appearing on the Credit Earth Web site and in e-mail alerts,
is believed to be accurate, but Credit Earth.com and its online
partners do not warrant or guarantee such accuracy. All credit
card information, (ie. Introductory APR and after introductory
APR interest rates, card features), repair & consolidation
terms and other information on the Web site are subject to
change. You should independently verify all relevant information
with each respective offering company prior to making any
decisions based on such information.
SHOPPING
Credit
Earth provides Merchants' links to you. However, each individual
Merchant participating in Earth Shop is responsible for setting
and explaining their individual shipping, return, security
and other policies applicable to shopping in their stores
and purchasing their products. Credit Earth.com does not guarantee,
warrant or endorse any product or service sold by a Merchant
in Earth Shop, nor do we have any liability or responsibility
for the quality or performance of any product or service sold
to you by any Merchant. The purchase of any product or service
from a Merchant at Earth Shop is a transaction solely between
you and that Merchant, and any question or dispute you may
have regarding any such product or service should be addressed
directly to the responsible Merchant. Credit Earth.com has
no responsibility or liability for any Merchant or your relationship
with such Merchant.
You
are responsible for paying the entire amount due on your purchase,
including any applicable taxes, shipping and other charges
assessed by the Merchant. With respect to applicable taxes,
the Merchant will advise you subsequently of the exact amount
of tax due on your purchase. Credit Earth.com has no responsibility
whatsoever for any miscalculation or omission by a Merchant
of applicable taxes on any sale. You represent and warrant
that you are at least 18 years of age and that you possess
the legal right to use Earth Shop in accordance with the stated
terms and usage policies. You hereby agree to supervise usage
by, and be responsible for the actions of, any minors who
use your computer and/or registration account to access Credit
Earth.com Shopping.
ELEVATUS
SPECIFIC RESTRICTIONS ON USE OF ASSOCIATED PRESS MATERIAL
Associated
Press text, photo, graphic, audio and/or video material shall
not be published, broadcast, rewritten for broadcast or publication
or redistributed directly or indirectly in any medium. Neither
these AP materials nor any portion thereof may be stored in
a computer except for personal and non-commercial use. AP
will not be held liable for any delays, inaccuracies, errors
or omissions therefrom, or in the transmission or delivery
of all or any part thereof or for any damages arising from
any of the foregoing.
CREDIT
CARD AND CREDIT REPORT ELIGIBILITY;
AUTHORIZED USE
You
warrant that you are at least 18 years of age and possess
the legal authority to enter into this agreement and to utilize,
including obtaining a credit card, credit report, and/or any
of the other services offered on this site (collectively,
the "Services") in accordance with all terms and conditions
herein. If you are using our Services, you further warrant
that you have legal authority to enter into other binding
agreements for the obtainment of a credit card and/or the
purchase of goods. You also warrant that all information supplied
by you or members of your household in using the Services,
including without limitation your name, email address, street
address, telephone number, credit card number, and if you
are selling goods, all information about your listed goods,
is true and accurate. Failure to provide accurate information
may subject you to civil and criminal penalties.
FEES;
PAYMENT
Credit
Earth.com reserves the right to charge listing fees for certain
listings, as well as transaction fees based on certain completed
transactions using the Services. Credit Earth.com further
reserves the right to alter any and all fees from time to
time, without notice.
USING
THE SERVICES
Credit
earth.com is offered solely as a forum for you to utilize
the Services of various financial companies and merchants
who sell goods. Credit Earth.com is not involved in any transaction
between you and any other party who is listed on, or uses
this Site, and is not acting as your or any other party's
agent. Credit Earth.com does screen the offerings but does
not screen, censor or otherwise control the exact offerings
or actual transactions, including whether a listing is accurately
described, whether an item can be legally obtained in your
jurisdiction, or whether a transaction will be completed as
described by the issuer or recipient. Further, Credit Earth.com
cannot control or warrant the behavior of the users of the
Services. As such, your use of Credit Earth.com Services is
at your own risk, and Credit Earth.com disclaims any liability
with regard to use of the Services and any actions resulting
from your or any other party's participation in the Services.
You
hereby agree to release Credit Earth.com, its suppliers, service
partners, agents, employees, consultants, officers and directors
from all claims, demands and damages, whether actual or consequential,
of every kind, whether known or unknown, disclosed or undisclosed,
arising out of or relating to any and all listings, transactions,
or any other use of Credit Earth.com Services.
Further,
because Credit Earth.com is not involved in any transactions
between you and other users of the Services, Credit Earth.com
cannot and will not be involved in resolving any disputes
relating to any completed or uncompleted transaction for the
obtainment, purchase or sale of listed cards & services.
You
warrant that you will abide by all such additional procedures
and guidelines, as modified from time to time, in connection
with your use of the Services. You further warrant that you
will comply with all applicable laws and regulations regarding
use of our online recommendation Services. Without limitation,
by using a link for any item, you warrant that you have the
legal right to obtain the card or report.
It
is your responsibility to determine whether the obtainment
of a card or item listed is authorized by law, statute, or
regulation.
Credit
Earth.com reserves the right to cancel any link or listing
at any time for any reason, with or without cause, and reserves
the right to prohibit or restrict access to the Services to
anyone at any time, with or without cause.
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