Last Updated January 18, 2017
Information security is important to America Credit Fix™. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. America Credit Fix™ does, however, reserve the right at all times to disclose any information as America Credit Fix™ deems necessary to satisfy any applicable law or regulation, legal process or request, and administrative or governmental request
About the Sites
The Sites gives information about America Credit Fix™ Services, and provides you with the opportunity to participate in, sign up for, or engage America Credit Fix™ Services, including the potential opportunity to access to CreditAdvise™ Software.
Engagement of America Credit Fix™ Services
You are not required to engage America Credit Fix™ Services in order to visit and read information on the Sites. However, you may need to engage America Credit Fix™ Services if you want America Credit Fix™ to assist you in your efforts to improve your credit reports and rating. If you engage America Credit Fix™, you agree to provide accurate and complete information. You must be legally able and capable to enter into contracts, and it is your responsibility to make any updates to your sign-up information. Each engagement is for a single person only, and we do not permit any other person to engage America Credit Fix™ Services on behalf of another unless you have an appropriate Power of Attorney, and you are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify America Credit Fix™ immediately by emailing email@example.com. Should you choose to engage America Credit Fix™ Services, you may be required to enter into a separate written agreement with America Credit Fix™. You authorize America Credit Fix™ to provide information and Service through its online Sites. At certain times, the online Sites may not be available due to system maintenance or circumstances beyond our control.
Ownership of Marks
The America Credit Fix™ Sites contain valuable trademarks (TM) and service marks (SM) owned and used by America Credit Fix (collectively, the Marks). Notice of the Marks is provided by these provisions and by prominently posting America Credit Fix™ throughout the Sites. Any use of the Marks without the prior written permission of America Credit Fix is strictly prohibited. The Sites contain America Credit Fix™ Marks, information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively the “Content“) that are protected by confidentiality, copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by America Credit Fix™ or other third parties. The arrangement and layout of the Sites, including but not limited to, the Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, software, applications, and other content or material (collectively known as the Site Content) are the sole and exclusive property of America Credit Fix™.
America Credit Fix™ retains all rights (including intellectual property rights), title and interest in the Sites, Site Content, the software and technology, and all underlying software, technology and data including any enhancements, applications and improvements related to the Sites (the “Technology“) (the terms Content and Technology are collectively referred to as the “Materials“). You may not remove from any electronic or printed copy any copyright, trademark, or other intellectual property or proprietary notice. All trademarks and copyrighted information contained on the Sites, Materials and Services is the property of America Credit Fix™ or their respective owners.
Use of Sites and Materials
America Credit Fix™ provides the Sites and Materials and Services for your individual, non-commercial use and solely for the purpose of information, education and operating the Sites, Materials and Services. Any other use of the Sites or Materials or Services, including any access to CreditAdvise™ Software, is strictly prohibited. Therefore without limiting this prohibition in any way, you may not, either directly or indirectly:
- Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Sites or Materials or Services without the prior express written permission of America Credit Fix™ or the applicable rights holder;
- Use the Sites, Materials or Services for telemarketing, direct marketing, and commercial mass e-mail or by you, your agents or representatives, or e-mail spammers;
- Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology, Sites, Materials or Services, or to delete or alter author attributes or copyright notices;
- Use any network monitoring or discovery software to determine the architecture of the Sites or Materials or Services, or to extract information about usage or users;
- Reformat or frame any portion of the Sites or Materials or Services;
- Use any device, software or routine that interferes with the proper working of the Sites or Materials or Services, or otherwise attempt to interfere with the proper working of the Sites or Materials or Services;
- Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Attempt to gain unauthorized access to other computer systems; and
By using the Sites or Materials or Services or uploading content to or submitting any materials for use on the Sites or Materials or Services, you grant (or warrant that the owner of such rights has expressly granted) America Credit Fix™ a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Sites or Materials or Services and to incorporate such materials or information generated through use of the Sites and Materials and Services into any form, medium, or technology now known or later developed throughout the U.S.A., globally and the universe. We need these rights to host and display your content. Anonymous, aggregate information that does not contain personally identifiable information, comprising account information, or other available data that is collected through your use of the America Credit Fix™ Sites or Materials or Services, may be used or licensed by America Credit Fix™ for various purposes including but not limited to conducting certain analytical research, performance tracking, benchmarking, helping to improve products and services and to assist in troubleshooting and technical support for the America Credit Fix™ Sites, Materials and Services.
The America Credit Fix™ Sites, Materials and Services may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Sites. Much of the information on the America Credit Fix™ Sites, Services and Materials is updated on a real time basis and is proprietary or is licensed to America Credit Fix™ by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites, Services and Materials for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Sites. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Sites.
You may provide links only to the homepage of the America Credit Fix™ Sites, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the page, (b) you give America Credit Fix™ notice of such link by sending an e-mail to firstname.lastname@example.org and (c) you discontinue providing links to the Sites if requested by America Credit Fix™. If you wish to provide links to a section within the Sites, you should forward your request to America Credit Fix™ at email@example.com and America Credit Fix will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
America Credit Fix™ makes efforts to ensure the information presented in, on or through its Sites, Services or Materials is accurate. However, all information provided by America Credit Fix™ is provided on an “as is’ basis and as available, and America Credit Fix™ makes no warrantees or guarantees as to such information, and is not responsible for any resulting loss or damage.
Warranty, Liability, Indemnification
America Credit Fix™ makes no representations regarding the availability and performance of the Sites, Services or Materials. You hereby acknowledge that any use of the Sites and reliance upon any Services or Materials shall be at your sole risk and that America Credit Fix™ shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE SITES, SERVICES AND MATERIALS ARE PROVIDED BY AMERICA CREDIT FIX , INCLUDING ANY PAID OR UNPAID ACCESS TO CREDITADVISE™ SOFTWARE, ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. AMERICA CREDIT FIX™ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE SITES, SERVICES, OR MATERIALS, , INCLUDING ANY ACCESS TO CREDITADVISE™ SOFTWARE, WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE SITES, SERVICES OR MATERIAL , INCLUDING ANY ACCESS TO CREDITADVISE™ SOFTWARE.
IN NO EVENT SHALL AMERICA CREDIT FIX™, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE SITES OR THE MATERIALS OR CONTENTS , INCLUDING ANY PAID OR UNPAID ACCESS TO CREDITADVISE™ SOFTWARE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. LEXINGTON SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
AMERICA CREDIT FIX™ DOES NOT WARRANT OR GUARANTEE THAT ANY CONTENT, SITE CONTENT, TECHNOLOGY, MATERIALS, SERVICES, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SITES, INCLUDING ANY ACCESS TO CREDITADVISE™ SOFTWARE, WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR THEIR HARMFUL COMPONENTS. AMERICA CREDIT FIX™ ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY AMERICA CREDIT FIX™ , INCLUDING ANY ACCESS TO CREDITADVISE™ SOFTWARE, SHALL BE CANCELLATION OF YOUR ACCOUNT, OR REIMBURSEMENT OF ANY FEES PAID FOR ANY CONTENT, SITE CONTENT, TECHNOLOGY, MATERIALS, SERVICES, INFORMATION, SOFTWARE OR OTHER MATERIAL, TO THE EXTENT THAT ANY PAYMENT OCCURRED.
You agree to indemnify, defend, and hold harmless America Credit Fix™, its officers, directors, employees, agents, representatives, vendors, distributors, contractors, and third parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any term condition, representation or obligation under the Term of Uses. America Credit Fix™ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Electronic Notices and Transactions
You are responsible for obtaining at your own expense all equipment and services needed to access and use the America Credit Fix™ Sites, Materials and Services, including any access to CreditAdvise™ Software, including all devices, Internet browsers and Internet access. If you access the Sites, Materials or Services; or an application through the Sites on a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
Confidentiality of Information
Any information contained on the America Credit Fix™ Sites and Materials or disclosed with respect to the Sites, Materials or Services about results obtained by America Credit Fix™ are not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present users, clients or the circumstances of any their specific matters do not constitute testimonials or endorsements by such users or clients, nor are they a guarantee, warranty or prediction of the outcome of your matter.
You are solely responsible for (a) maintaining the confidentiality and security of your login information, passwords, and any other security or access information used by you or anyone you authorize on your behalf to access the Sites, Materials and Services, including any access to CreditAdvise™ Software, and your account information if applicable; (b) preventing unauthorized access to or use of the information, files, or data that you store or use in or with America Credit Fix™ Sites, Materials or Services, including any access to CreditAdvise™ Software.; (c) all electronic communications, including account registration and other account holder information, email and financial, accounting and other data entered using the America Credit Fix™ Sites, Materials or Services; and (d) without limiting the foregoing, any and all activities that occur under your account, if and as applicable. America Credit Fix™ will assume that any communications received through the use of the Sites, Materials or Services was sent or authorized by you. You agree to immediately notify America Credit Fix™ if you become aware of any loss, theft, or unauthorized use of the America Credit Fix™ Site, Services or any account information.
Use of Provider Services
America Credit Fix™ Sites will allow you access to third party provider services (“Provider Services”). America Credit Fix™ has no control over the Provider Services or your access to the Provider Services. America Credit Fix™ does not guarantee the Provider Services. By using the Provider Services, you acknowledge America Credit Fix™ disclaims any and all liability whatsoever for any actions or inactions of Provider Services.
America Credit Fix™ provides the Sites for your information and convenience. You use and rely on the information therein at your sole risk. Neither America Credit Fix™ nor any of its affiliates, Provider Services, partners, licensors, employees, distributors or agents is responsible or liable for, or makes any representations or warranties as to the following, without limitation:
- Any representations, promises, recommendations or inducements that may be made by or through any party (including vendors) found at, on, through or from the Sites;
- The timeliness, accuracy, reliability, completeness, legality, copyright compliance or decency of the Sites;
- Any inaccuracy, omission, error or delay in the services offered on the Sites;
- Non-performance of or interruption to the Sites or its Materials or Services due to (i) any act or omission by any disseminating party, (ii) any force majeure or any other cause beyond the control of any disseminating party, or (iii) outages, transmission quality or malfunctions of telephone circuits or computer systems, including any defects or failures with respect to your software computer systems or Internet access provider;
- Any loss resulting from, including any unauthorized access by a third party, arising out of or related to your access and/or use of or interaction with the Sites, Materials or Services.