WEBSITE TERMS OF USE

America Credit Fix Terms of Use

Last Updated January 18, 2017

This Website Terms of Use Agreement (“Terms of Use”) is between you and America Credit Fix™, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, members and third parties (whether acting in their corporate or individual capacity) (“America Credit Fix™,” “we” or “us”), with a principal place of business at City of Wilmington in the State of Delaware.

Notwithstanding any language in the Terms of Use to the contrary, the Terms of Use have the same effect as an agreement in writing and govern your use of this site and affiliated websites and their content (the “Sites”), and your request that America Credit Fix contact you about America Credit Fix’s credit repair information and education and the Credit Advise and Identity Lock online services and applications (collectively referred to as the “Services”).

BY USING THE SITES AND REQUESTING THAT AMERICA CREDIT FIX™ CONTACT YOU ABOUT AMERICA CREDIT FIX™ SITES AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF USE, you acknowledge that you have reviewed these Terms of Use, and that your request that America Credit Fix™ contact you about participation in America Credit Fix™ Services is part of and subject to the Terms of Use. By using America Credit Fix™ Sites and Services, or requesting that America Credit Fix™ contact you about participating in America Credit Fix™ Sites and Services, you acknowledge that you have reviewed the America Credit Fix™  Privacy Statement and agree to all their terms and conditions. The Privacy Statement is incorporated into these Terms of Use and also governs your use of the America Credit Fix™ Sites. To the extent there is a conflict between the terms and conditions of the Privacy Statement, and the terms and conditions of the Terms of Use, the Terms of Use govern. To review America Credit Fix™ Privacy Statement, visit www.americacreditfix.com.

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

Please note that these Terms of Use contain provisions that govern the resolution of claims between America Credit Fix and you. THE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY EITHER OF THE PARTIES. Please see the  wording below for complete details

YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND AMERICA CREDIT FIX ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND AMERICA CREDIT FIX, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE TERMS OF USE OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE TERMS OF USE. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH AMERICA CREDIT FIX. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAW SUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST AMERICA CREDIT FIX IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST AMERICA CREDIT FIX IN THE STATE OF DELAWARE IN IN THE UNITED STATES. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Terms of Use shall control over any inconsistency between the Rules of the American Arbitration Association and the Terms of Use). The arbitrator shall have authority to interpret the Terms of Use, including but not limited to the authority to decide whether any claim is subject to arbitration under the Terms of Use and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Terms of Use. You agree that the Terms of Use involves commerce under 9 U.S.C. §§ 1 et seq. and that this arbitration provision is governed by federal law, including the Federal Arbitration Act. The remainder of the Terms of Use are governed by the Laws of the State of Delaware.

  1. About The Terms of Use

The Sites are made available by America Credit Fix™. If you do not agree to the Terms of Use, you may not and should not use the Sites or Services. America Credit Fix™ may modify the Terms of Use at any time. If you do not agree to the changes, you must discontinue using the Site, discontinue using America Credit Fix™ Services, including any access to CreditAdvise™ Software, and rescind your request that America Credit Fix™ contact you about those Services before the changes take effect. Your continued use of the Sites, your continued use of the Services, or your request that America Credit Fix™ contact you about the Services, after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log in to the Sites, continue using America Credit Fix™ Services, or continue your request that America Credit Fix™ contact you about the Services, you reaffirm your acceptance of the Terms of Use. You are responsible for regularly reviewing the Terms of Use by clicking on the webpage or link at www.americacreditfix.com. The Terms of Use may be supplemented by agreements executed by the parties, additional terms and conditions applicable to privacy or, specific areas of this Website, or to where particular content or transactions are posted in particular areas of the Website and, together with the Terms of Use, govern your use of those areas, content, or transactions.

  1. 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.

  1. Engagement of America Credit FixServices

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 legal@americacreditfix.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.

  1. 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.

  1. 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
  • Violate the Terms of Use, applicable law or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Sites or Materials or Services.

Any permitted use of the Sites or Materials  or Services does not extend to using the Sites or Materials or Services for any illegal purpose, or to transmit to or through the Sites or to or through any Materials or Services any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Sites or Materials or Services. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that the users are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our Terms of Use or any other policies.  America Credit Fix™ also reserves the right in our sole and absolute discretion to cancel access to our Sites, Services and Materials, or access to confirmed or unconfirmed accounts, if and as applicable.

  1. License

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.

  1. Automated Activity

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.

  1. Linking

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 legal@americacreditfix.com 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 legal@americacreditfix.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.

  1. Representations

You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the America Credit Fix™ Terms of Use and any applicable law and (d) your use of the America Credit Fix™ Sites, Services and Materials, and any transactions that you make with America Credit Fix™, will not violate the rights of any third party. America Credit Fix™ Services, Materials and Sites, the underlying information, software, technology and Materials are subject to U.S. export controls. None of the America Credit Fix™  Sites, Services, Materials or content may be downloaded, or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country subject to U.S. sanctions applicable to the export or re-export of goods, (ii) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List or Non-proliferation Sanctions List. By using America Credit Fix™ Services, Materials and Sites, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.

  1. Disclaimer

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.

  1. 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.

  1. Indemnity

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.

  1. Privacy

We may, subject to and in accordance with the America Credit Fix™ Privacy Statement for marketing and other purposes, collect, process and transmit certain data obtained from and about you in the course of your accessing the Sites, Services or Materials, or during a telephone, Internet–based chat, email or electronic consultation, including information collected in the course of an abandoned transaction. By agreeing to the Terms of Use, you agree to such data being so collected, processed, transmitted and used globally, and further agree that it may be transmitted to others whether in the United States or globally in accordance with our Privacy Statement and under applicable privacy and data protection legislation. Information on how and what type of data, if any, is held about you can be obtained by visiting www.americacreditfix.com to review our Privacy Statement or by contacting us at legal@americacreditfix.com.

  1. Electronic Notices and Transactions

You agree to transact with America Credit Fix™ electronically. This means you agree to accept any terms and conditions and to transact any business with us by electronic means, which includes receiving all documents in HTML or PDF format and communicating by email and over the Internet. You also certify that you are at least 18 years of age and have access to the Internet to receive America Credit Fix™ Sites, Services and Materials, to request that America Credit Fix™ contact you about their Services, and to view, print and retain all documentation. You authorize us to send you important notices about the Sites and any pending transactions to an email address you provide to us, if you are a client of America Credit Fix™ or have requested that we contact you about our Services. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the America Credit Fix™ Sites, Materials or  Services. You can retrieve and review the Terms of Use at any time by visiting www.americacreditfix.com.

  1. Access

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.

  1. Notice

Your use of the America Credit Fix™ Sites, Materials and Services must comply with all applicable laws in the country, state or territory in which you access and use the Sites, Materials and Services. America Credit Fix™ reserves the rights in their sole and absolute discretion to make changes in the Terms of Use, and in how they operate and provide Sites, Materials and Services, including: adding new Sites, Materials and Services; modifying, suspending, discontinuing or terminating our Sites, Materials and Services, and your access to any or all of our Sites, Materials and Services. Some of our Sites, Materials and Services are subject to additional terms and conditions (Additional Terms), which are posted or provided separately from these Terms of Use, but are incorporated in and form part of these Terms of Use if you use or access those features. If there is conflict between the Terms of Use, and the Additional Terms, the Additional Terms govern.

  1. Miscellaneous

America Credit Fix™ reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action that America Credit Fix™ deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. America Credit Fix™ reserves the right to seek all remedies available at law and in equity for violations of the Terms of Use, including but not limited to the right to block access from a particular Internet address to any Sites, Materials and Services, including any access to CreditAdvise™ Software. These Terms of Use incorporate by reference any notices contained on the Sites and constitute the entire agreement with respect to access to and use of the Sites, your request that America Credit Fix™ contact you about its Services. You agree that the terms and conditions in the Terms of Use are reasonable. In the event that any terms or conditions of the Terms of Use shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope, then the term and condition will be severed and replaced with a new term and condition that most closely reflects the original intention, and the remaining terms and conditions of the Terms of Use will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Terms of Use to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.

THE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THERE, PROVIDED HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. The Arbitration Clause and the terms and conditions set out of the Terms of Use shall survive termination of your use of the America Credit Fix™ Sites, Materials and Services.

America Credit Fix™ shall not be deemed to have waived any of the terms and conditions or rights and remedies in the Terms of Use unless such waiver is in writing and signed by America Credit Fix™. No delay or omission on the part of America Credit Fix™ in exercising any terms and conditions, or rights and remedies, shall operate as a waiver of these or any other terms, conditions, rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any terms, conditions, rights or remedies on a prior or future occasion.

The Terms of Use constitutes the entire agreement and understanding between you and America Credit Fix™, except as you and America Credit Fix™ separately enter another agreement or later agree in writing to modify the Terms of Use. The Terms of Use supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter contained here. America Credit Fix™ at their sole discretion may modify any aspect of these Terms of Use at any time.

  1. Confidentiality of Information

The information presented on the Sites, Materials and Services does not create any attorney client relationship or any fiduciary or professional relationship between America Credit Fix™ and you. ALL ARTICLES AND MATERIAL DISPLAYED BY AMERICA CREDIT FIX™ ON THE SITES ARE FOR INFORMATION AND EDUCATION ONLY, INCLUDING ANY ACCESS TO CREDITADVISE™ SOFTWARE (EXCEPTING THE PRIVACY STATEMENT AND THE TERMS OF USE, WHICH ARE BINDING CONTRACTS), AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE, ACCOUNTING, FINANCIAL OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL, ACCOUNTING OR FINANCIAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL OR RELEVANT EXPERTS. America Credit Fix™ does not represent or guarantee the accuracy or reliability of any advice, opinion, statement, or information displayed on or distributed through the Sites. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. America Credit Fix™ reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Sites, including any access CreditAdvise™ Software.

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.

Electronic mail or other communications through the Sites to America Credit Fix™ (or any of its employees, agents or representatives) are not secure and are not subject confidentiality requirements to the attorney-client privilege. Accordingly, America Credit Fix™ does not guarantee the confidentiality of such communications. You acknowledge that transmissions to and from the Sites are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our Sites, Materials and Services, including any access to CreditAdvise™ Software. for any illegal purpose including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law. You acknowledge that by submitting communications to America Credit Fix™, no confidential, fiduciary, contractually implied or other relationship is created between you and America Credit Fix™, other than pursuant to the Terms of Use and any subsequent written agreement you enter into with America Credit Fix™.

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.

Please do not use the information on America Credit Fix™ Sites to distribute unsolicited bulk e-mails, solicitations or inquiries, as these actions are a violation of the Terms of Use.

  1. 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.