Terms of Service

 

ACCEPTANCE OF TERMS

 

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. YOUR USE OF THIS SITE AND, SEPARATELY, YOUR OBTAINING FROM US VALUABLE OFFERS OF PRODUCTS AND SERVICES FROM OUR PARTNERS ARE ALL SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THE SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.

 

USER AGREEMENT 

The following are terms of a legal agreement (the "Agreement") between you and Credit Trauma, ("Credit Trauma", "we", or "us"), that sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by Credit Trauma. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing, and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain. 

 

We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability. 

 

RIGHT TO RECEIVE YOUR CREDIT REPORT 

You are allowed to receive one free credit report under the FCRA from each of the three national credit reporting agencies (Experian, Equifax, and TransUnion) during any twelve-month period. You may also be able to receive free credit reports as permitted by state law (you may contact your state or local consumer protection agency or state attorney general to learn more about your rights under state law). For information on obtaining a free credit report from Experian, Equifax or TransUnion you may contact them thru www.annualcreditreport.com

 

OBLIGATION TO PROVIDE ACCURATE AND COMPLETE INFORMATION WHERE REQUIRED 

In consideration of your use of the materials on this Site including, without limitation, the text, data, articles, design, source code, software, photos, images, and other information (collectively, the "Content") if you so choose, to participate in our valuable products and services offer program (collectively, the "Product"), you agree to provide true, accurate, and current information about yourself when prompted to do so by this Site or by the registration form. By registering, 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 Credit Trauma has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Credit Trauma, in its sole discretion, has the right to suspend or terminate your use of any Product and refuse all current or future access to the Content and use of the Products or suspend or terminate any portion thereof. Further, you agree that Credit Trauma will not be liable to you or any third party if Credit Trauma suspends or terminates your access to the Content or any Products for any reason. 

 

SPECIFIC CONSENTS GRANTED UPON SUBMISSION OF YOUR REGISTRATION FORM: 

At the time that you submit your registration form to us, you agree that you are providing to us the following specific consents (in addition to being subject to this Agreement): 

I further understand that by submitting this registration form I am authorizing Credit Trauma, to retain a copy in its records along with the other information I am submitting through this registration form (collectively, the "Registration Profile"), and to use that Registration Profile to match me with product and services offers from time to time from its marketing partners, which offers it will send to me either by e-mail (only if I opt-in via email preferences) or through the display of banner ads. I understand that Credit Trauma will not be sharing my Registration Profile with any of those marketing partners and that it is completely up to me to decide whether I would like to accept any of the offers I receive, in which case I would deal directly with the marketing partners at issue. 

 

LIMITATIONS OF USE  

The copyright in the Content is held by Credit Trauma or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Credit Trauma. You acknowledge that the Content is and shall remain the property of Credit Trauma. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other web site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Credit Trauma's prior written approval. You also may not, without Credit Trauma's written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. You agree to use the Site, the Content, and the Products only for lawful purposes. You are prohibited from any use of the Site, the Content, and/or the Products that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to, unauthorized entry into Credit Trauma's systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Credit Karma makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular Products or services is subject to final determination by Credit Trauma.  

 

TRADEMARKS  

Credit Trauma (including the Credit Trauma logo), CreditTrauma.com, and all related logos (collectively the "Credit Trauma Trademarks") are trademarks or service marks of Credit Trauma. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Credit Trauma or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Credit Trauma Trademarks displayed on this Site without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the Credit Trauma Trademarks found on the Site unless in accordance with written authorization by us. We prohibit use of any of the Credit Trauma Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Credit Trauma Trademarks, or whether any mark or logo is a Credit Trauma Trademark, should be referred to Credit Trauma. 

 

NOTICE OF PROSECUTION 

Access to and use of password protected and/or secure areas of the Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits.  

 

LINKS TO THIRD-PARTY SITES  

This site may contain links to web sites controlled, owned, and operated by third parties, including, without limitation, our Partners (the "third-party sites"). Credit Trauma cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that your use of any third-party sites (including, without limitation, by responding to one or more offers for valuable products and services that we may send to you or otherwise notify you of from time to time) is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Credit Trauma of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience, and you access them at your own risk. Such third-party sites may have a privacy policy different from that of Credit Trauma, and the third-party site may provide less security than this Site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Credit Trauma shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.  

 

DISCLAIMER OF WARRANTIES  

NONE OF CREDIT TRAUMA, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "CREDIT TRAUMA PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND CREDIT TRAUMA DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. WITH RESPECT TO THE PRODUCTS (INCLUDING, WITHOUT LIMTATION, AND VALUABLE OFFERS FOR PRODUCTS AND SERVICES FROM OUR PARTNERS), YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING THAT CREDIT TRAUMA IS SOLELY AN INTERMEDIARY BETWEEN YOU AND OUR PARTNERS (IN THE CASE OF THE VALUABLE OFFERS FOR PRODUCTS AND SERVICES); THEREFORE, THE CREDIT TRAUMA PARTIES HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CONTENT, AVAILABILITY, OR LEGALITY OF ANY OF THE OFFERS MADE BY THE PARTNERS.

 

THIS SITE AND ALL OF THE CONTENT AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THE CREDIT TRAUMA PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

 

CREDIT TRAUMA MAY DISCONTINUE OR MAKE CHANGES IN THE SITE, THE CONTENT, AND/OR THE PRODUCTS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU OR ANY THIRD PARTY. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE CREDIT TRAUMA PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. CREDIT TRAUMA RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.  

 

LIMITATION OF LIABILITY 

UNDER NO CIRCUMSTANCES WILL THE CREDIT TRAUMA PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE SITE, THE CONTENT, THE PRODUCTS, OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE CREDIT TRAUMA PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE CREDIT TRAUMA PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE. THE CONTENT, AND/OR THE PRODUCTS IS TO STOP USING THE SITE AND TO NOTIFY US THAT YOU NO LONGER DESIRE TO RECEIVE THE PRODUCTS. IF YOUR USE OF THIS SITE, THE CONTENT, AND/OR THE PRODUCTS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, YOU AGREE THAT THE CREDIT TRAUMA PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 

 

MONITORING OF THE SITE  

Credit Trauma has no obligation to monitor the Site; however, you acknowledge and agree that Credit Trauma has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site. 

 

SUBMISSIONS TO THE SITE  

All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to Credit Trauma through this Site or otherwise (collectively, "Submissions") will be deemed and remain the property of Credit Trauma, and Credit Trauma is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Credit Trauma shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Credit Trauma or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting Credit Trauma's responsibilities and obligations under its privacy policy. 

 

SECURITY FEATURES AND SITE REQUIREMENTS 

Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to successfully provide our Products to you, so we do not guarantee or warrant that we will be able to provide any such Products to you, even if you submit a registration form to us for such Products. Credit Trauma may use your personal information to the extent necessary to process your order and carry out the transactions that you enter into with us.

 

You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive your valuable offers for products and services from our Partners, each of which will only be delivered electronically. 

 

GOVERNING LAW AND DISPUTE RESOLUTION 

This Agreement shall be subject to and construed under the laws of the State of California, without reference to the conflicts of law provisions thereof.

 

You understand and agree that all claims, disagreements, disputes or controversies between you and Credit Trauma, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies, shall be resolved by final and binding arbitration. The arbitration shall take place in Fremont, California. The arbitration shall be administered by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with Title 9 of the US Code (United States Arbitration Act) and the Comprehensive Arbitration Rules and Procedures of JAMS. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial. 

 

SEVERABILITY 

If any provision of this Agreement is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.  

 

SECTION HEADINGS 

The section headings are for convenience only and do not have any force or effect.  

 

TERMINATION  

This Agreement is effective until terminated by either you or Credit Trauma as set out below.

 

If you want to terminate your Agreement with Credit Trauma, you may do so by (a) notifying Credit Trauma at any time and (b) opting out of "Receive updates in my account" and "Receive special offers from Credit Trauma" in the Contact Preferences section of your Account on Credit Trauma. Your notice may also be sent, in writing, to Credit Trauma address at 40087 Mission Blvd, Suite #170, Fremont, California 94539. 

Credit Trauma may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site, the Content, and/or the Products at any time, with or without cause, in Credit Trauma's absolute discretion and without notice. 

The following provisions of this Agreement shall survive termination of your use or access to the Site: Disclaimer of Warranties, Limitation of Liability, Governing Law and Dispute Resolution, Waiver, Indemnification, General Provisions, and any other provision that by its terms survives termination of your use or access to the Site, the Content, and/or the Products. 

 

WAIVER  

Failure by Credit Trauma to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.  

 

INDEMNIFICATION  

You agree to indemnify and hold harmless the Credit Trauma Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Credit Trauma Parties in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the Site, the Content, and/or the Products in violation of this Agreement or in violation of any applicable law or regulation. You further agree that you will cooperate fully in the defense of any such claims. The Credit Trauma Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Credit Trauma.  

 

GENERAL PROVISIONS  

This Agreement constitutes the entire agreement between Credit Trauma and you in connection with your use of the Site and the Content, your participation in the program to receive periodic offers for products and services from our Partners and supersede any prior versions of the Terms and Conditions of Use, if applicable. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.  

 

COPYRIGHT COMPLAINTS  

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Credit Trauma's designated agent as set forth below. Notification should include whenever possible: 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;  
  • a description of the copyrighted work that you claim has been infringed;  
  • a description of where the material you claim is infringing is located on the Site;  
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and  
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.  

CONTACTING US  

If you have questions regarding this Agreement or the practices of Credit Trauma, please contact us by e-mail at CreditTrauma@gmail.com or by regular mail at Credit Trauma, 40087 Mission Blvd, Suite #170, Fremont, California 94539,   

Last Updated: April 1, 2009