TERMS AND CONDITIONS OF USE
CreditSoup.com (the "Site(s)") are online information services provided by CreditSoup, Inc. subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. CreditSoup, Inc. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED OR REPEATED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses, Idea Submissions and Trademarks.
The
entire contents of the Site are protected by all applicable copyright and
trademark laws. The owner of the copyrights and trademarks is CreditSoup, Inc.,
its affiliates, successors, beneficiaries, or other third party licensors. YOU
MAY NOT COPY, MODIFY, REPRODUCE, REPUBLISH, POST, UPLOAD, OR DISTRIBUTE OR
TRANSMIT, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may only print and download portions of material from
the different areas of the Site solely for your own non-commercial use on the
condition that you agree not to change or delete any copyright or proprietary
notices from the site(s). You agree to grant to CreditSoup, Inc. a
non-exclusive, royalty-free, worldwide, perpetual license, with the right to
reproduce, distribute, transmit, sub-license, create derivative works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to CreditSoup, Inc. by all
means and in any media now known or hereafter developed. You also grant to
CreditSoup, Inc. the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you shall
have no recourse against CreditSoup, Inc. for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to CreditSoup, Inc.. Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or servicemarks
of CreditSoup, Inc.. Other product and company names mentioned in the Site may
be the trademarks of their respective owners.
2. Use of the Site and Disclaimer of all Warranties.
You
understand that, except for information, products or services clearly
identified as being supplied by CreditSoup, Inc. sites, CreditSoup, Inc. does
not operate, control or endorse any information, products or services on the
Internet in any way. Except for sites mentioned above, identified information,
products or services, all information, products and services offered through
the Site or on the Internet generally are offered by third parties, that are
not affiliated with CreditSoup, Inc. or sites. You also understand that
CreditSoup, Inc. cannot and does not guarantee or warrant that files available
for downloading through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. CREDITSOUP, INC. PROVIDES THE SITE(S) AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND CreditSoup, Inc. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. CREDITSOUP, INC. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS. CreditSoup, Inc. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
CreditSoup, Inc. makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-CreditSoup, Inc. web site(s), please understand that it is independent from CreditSoup, Inc., and that CreditSoup, Inc. has no control over the content on that web site. In addition, a link to a CreditSoup, Inc. web site does not mean that CreditSoup, Inc. endorses or accepts any responsibility for the content, or the use, of such web site.
3. LIMITATION OF LIABILITY.
IN NO EVENT WILL CreditSoup, Inc.
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF CreditSoup.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE(S). BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, CreditSoup.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
4. Indemnification.
You agree to indemnify, defend and hold
harmless CreditSoup, Inc., its affiliates, successors, joint venturers,
partners, officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement (including but not limited to negligent or
wrongful conduct) by you or any other person accessing the Service.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of
the Service), and 3 (Indemnification) are for the benefit of CreditSoup, Inc.
and its officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
6. Term; Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive termination of this Agreement.
7. Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of United States of America applicable to
agreements made and to be performed in United States of America. You agree that
any legal action or proceeding between CreditSoup, Inc. and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent jurisdiction
sitting in the State of South Dakota, United States of America Any cause of
action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. CreditSoup, Inc.’s failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement.
CreditSoup, Inc. may assign its rights and duties under this Agreement to any
party at any time without notice to you.
Any rights of CreditSoup, Inc. not expressly granted herein are reserved.
If you have any questions about this terms of use statement, please contact us at:
CreditSoup.com
PO Box 463
114 N Egan Avenue
Madison, SD 57042
or contact us online
Effective as of December 19, 2006
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