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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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