Terms of Service

Effective as of November 1, 2015 IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND Credit9, LLC dba AmericorFlex. (“WE” or “Credit9”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“AGREEMENT”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE, AND OTHER CREDIT9 SERVICES (COLLECTIVELY, THE “WEBSITE”). CREDIT9 IS WILLING TO LICENSE THE USE OF THE WEBSITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

TERMS AND CONDITIONS

  • LICENSE GRANT. This Agreement provides you with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Website solely for your personal use or your internal business purposes.
  • LICENSE RESTRICTIONS. The foregoing license is limited. You therefore may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this Agreement, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof);or (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
  • USER OBLIGATIONS. Subject to Credit9 right to monitor or audit compliance, you acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Website, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Website. In addition, you agree to assume all responsibility for your use, and the results of your use, of the Website, including meeting any requirements of your contracts with third parties or other persons.
  • PROPRIETARY RIGHTS. The contents of the Website, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, look and feel, and arrangement of the Website (collectively, Material) unless otherwise indicated, are owned, controlled, and licensed by Credit9 or its licensors. Any rights granted hereby are expressly licensed. Credit9 does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to you oranyone else. Accordingly, your unauthorized use of the Website (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Website and Material is Copyright ©2015 AmericorFunding Inc. and/or its licensors. you must not alter, delete or conceal any copyright or other notices contained on the Website or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Website. you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Credit9 or its owner if Credit9 is not the owner. Credit9 and all other names, logos, and icons identifying Credit9 and its products and services are proprietary trademarks of Credit9 (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Credit9 is strictly prohibited. Other product and company names mentioned herein or on the Website may be the trademarks and/or service marks of their respective owners.
  • LINKS TO OTHER SITES. Credit9 may provide links, in its sole discretion, to other sites from which you can purchase goods or services from third party merchants. Credit9 is not a seller or owner of any goods or services advertised, featured, or otherwise mentioned on these sites. These sites have not necessarily been reviewed by Credit9 and are maintained by third parties over which Credit9 exercises no control. Accordingly, Credit9 expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Website, including click to purchase,co-registration, and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
  • OFFERS AND PROMOTIONS. Credit9 distributes third party product information and product promotional offers to our users. We are not responsible for errors, omissions, or the expiration dates of any promotional offer. It is your responsibility to ensure that a discount, free offer or other promotional offer is present during the checkout process at the selected merchant website from which you purchase a product. All featured offers and promotions are subject to change without notice and Credit9 does not exercise any control over the ability of any merchant to complete the sale in accordance with such offers and promotions.
  • PRODUCT DISPLAY AND COLORS. Credit9 does not guarantee that the color of the product images on the Website matches the actual color of the products. Please note that the appearance of colors on the Website may be influenced by the monitor you use to view the Website.
  • MOBILE SERVICES. The Website may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Credit9, and access certain other features (collectively, Mobile Services). Although Credit9 does not charge you for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that Credit9 may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Credit9. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Credit9 intends to send to you are not sent to another person who acquires your former mobile telephone number.
  • FEEDBACK. Credit9 welcomes your feedback and suggestions about Credit9 products or services or with respect to how to improve the Website. But, by transmitting any feedback or suggestions and any related information, material, or other content (collectively, feedback) to Credit9, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Credit9. In addition, any feedback received by Credit9 will be deemed to include from you a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Credit9 to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary.
  • REPRESENTATIONS AND WARRANTIES. You represent and warrant to Credit9 that (i) you are at least the legal age of majority, (ii) you are authorized to enter into this Agreement, (iii) you will access and view the Website and the Materials for your personal, non-commercial use only; (iv) you will not use the Website or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of Credit9 or any third party; (v) any information or data provided to Credit9 by you will not violate any law or regulation or infringe the rights of Credit9 or any third party; (vi) all information that you provide to us in connection with the Website (e.g., name, e-mail address, and/or other information) is true and accurate; and (vii) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
  • WARRANTY DISCLAIMERS. THE WEBSITE AND MATERIALS ARE PROVIDED AS-IS. Credit9 DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITE, PROGRAMS, SERVICES OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. Credit9 ALSO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. THE WEBSITE, THE MATERIALS AND ANY ASSOCIATED INFORMATION ARE PROVIDED AS IS AND AS AVAILABLE, AND Credit9 HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
  • LIMITATION OF LIABILITY - UNDER NO CIRCUMSTANCES WILL AMERICOR, ITS EMPLOYEES, AGENTS, CONTRACTORS, OR OTHER RELATED PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY CLAIM, OR ANY OTHER CLAIM AVAILABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES AVAILABLE, RELATED TO OR ARISING IN ANY WAY WHATSOEVER OUT OF ACCESS TO, USAGE OF, OR RELIANCE ON ANY PRODUCTS, WEBSITES OR SERVICES PROVIDED BY AMERICOR, EVEN IF AMERICOR HAS BEEN ADVISED REGARDING THE POSSIBILITY OF SAID DAMAGES. YOUR USE OF THE PRODUCTS, WEBSITES AND SERVICES ARE AT YOUR OWN RISK. THE POTENTIAL CLAIMS AND MATTERS DISCLAIMED BY AMERICOR INCLUDE BUT ARE NOT LIMITED TO:

    • YOUR INABILITY TO USE OR ACCESS THE PRODUCTS, WEBSITES AND SERVICES, OR THE SERVICES OF ANY RELATED THIRD PARTIES;
    • ANY FAILURE OF PERFORMANCE OF THE PRODUCTS, WEBSITES AND SERVICES, INCLUDING BUT NOT LIMITED TO TECHNOLOGY ERRORS CAUSED BY THE PRODUCTS, WEBSITES AND SERVICES, AND TECHNOLOGY ERRORS AS A RESULT OF RELATED AND UNRELATED THIRD PARTIES, ANY DELAYS IN TRANSMISSION, ANY COMPUTER VIRUS OR OTHER SYSTEM FAILURE;
    • ANY FAILURE OF PERFORMANCE OF THE PRODUCTS, WEBSITES AND SERVICES CAUSED OR CONTRIBUTED TO AS A RESULT OF ANY MISTAKES, OMISSIONS, OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM THE USER, ANY DELAY, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, ALTERATION OF, OR USE OF RECORDS, PROGRAMS, FILES, THE PRODUCTS, WEBSITES, OR SERVICES WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TECHNOLOGY FAILURE, THEFT, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PRODUCTS, WEBSITES AND SERVICES
    • ANY COST ASSOCIATED WITH SUBSTITUTE GOODS OR SERVICES AS A RESULT OF ANY OF THE ABOVE DESCRIBED FAILURES;
    • ANY COMMUNICATIONS, TRANSMISSIONS, DATA, INFORMATION, OR MESSAGES OBTAINED THROUGH THE PRODUCTS, WEBSITES AND SERVICES;
    • ANY DELAY, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS, ALTERATION, OF, OR USE OF ANY RECORDS, PROGRAMS, FILES, OR OTHER INFORMATION OF YOUR DATA OR INFORMATION;
    • COMMUNICATIONS, STATEMENTS, BEHAVIOR, OR CONDUCT OF ANYONE USING THE PRODUCTS, WEBSITES OR SERVICES;
    • ANY ISSUES OR CLAIMS ARISING OUT OF ANY THIRD PARTY PRODUCTS, WEBSITES OR SERVICES, WHETHER OR NOT THEY ARE RELATED TO AMERICOR;
    • ANY ISSUES OR CLAIMS ARISING OUT OF OR RELATED TO IN ANY WAY THE PRODUCTS, SERVICES, OR WEBSITES.
    • ANY ISSUE OR CLAIM ARISING OUT OF OR RELATED TO THE PROCESSING OF PERSONAL DATA OR FROM ANY BREACH OF IT. YOU AGREE THAT YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE PRODUCTS, WEBSITES AND/OR SERVICES IS TO STOP USING THE PRODUCTS, WEBSITES AND SERVICES. IF YOU HAVE CREATED AN ACCOUNT, YOUR SOLE REMEDY IS TO CANCEL AND/OR TERMINATE THAT ACCOUNT.

    YOU AGREE THAT IN NO EVENT WILL AMERICOR’S TOTAL LIABILITY EXCEED THE LIMITS DESCRIBED IN THIS SECTION FOR ANY LOSSES, CLAIMS, SECURITY BREACH, SECURITY INTRUSION, OR CAUSES OF ACTION OF ANY KIND.

    YOU AGREE TO WAIVE ANY AND ALL KNOWN AND UNKNOWN CLAIMS, AND YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS, CLAIMS, OR CAUSES OF ACTION REGARDING CLAIMS THAT ARE UNKNOWN, UNSUSPECTED, OR NOT IN EXISTENCE AT THIS TIME, AND IN ACCORDANCE WITH SUCH WAIVER, YOU WAIVE THE REMEDIES WHICH MAY BE AVAILABLE TO YOU UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR,” AND ANY CORRESPONDING AND/OR SIMILAR RIGHTS PROVIDED IN OTHER JURISDICTIONS.

    IF ANY PARTICULAR LIMITATION OF LIABILITY LISTED ABOVE IS NOT PERMITTED IN YOUR JURISDICTION, THESE DISCLAIMERS MAY NOT APPLY TO YOU. FURTHER, IF ANY OF THE ABOVE DISCLAIMERS IS FOUND TO NOT BE VALID IN ANY JURISDICTION, THE VALIDITY OF THE OTHER DISCLAIMERS IS NOT AFFECTED. IF ANY OF THE ABOVE DISCLAIMERS ARE FOUND TO BE INVALID, AMERICOR’S TOTAL LIABILITY WILL NOT EXCEED THAT ALLOWABLE BY APPLICABLE LAW.

    TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT AMERICOR’S LIABILITY TO YOU IN CONNECTION WITH ANY LEGAL CLAIM YOU MAY HAVE AGAINST IT IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT IS LIMITED AS DESCRIBED IN THIS SECTION, EXCEPT TO THE EXTENT THESE LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT AMERICOR HAS SET ITS FEES IN RELIANCE ON YOUR AGREEMENT TO THESE LIMITATIONS OF LIABILITY. AMERICOR IS NOT RESPONSIBLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. THE MAXIMUM LIABILITY OF AMERICOR TO YOU IN CONNECTION WITH THE SERVICES AND THIS AGREEMENT FOR OTHER TYPES OF DAMAGES IS A REFUND OF FEES PAID BY YOU FOR THE SERVICES YOU SELECTED. YOU AGREE THAT THIS LIMITATION APPLIES TO ANY CLAIM YOU MIGHT HAVE AGAINST AMERICOR UNDER ANY THEORY – CONTRACT, TORT, COMMERCIAL CODE, STRICT LIABILITY OR OTHERWISE, EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  • DISPUTES - The following dispute resolution process applies to disputes which may arise between you and AMERICOR. Each party to this Agreement (you and AMERICOR) agree that any dispute related to the Services or this Agreement shall be submitted to binding arbitration in Orange County, California. The arbitration shall be conducted by one arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration will be conducted in person unless each of us agrees to a telephonic or written submissions procedure. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement, or to enforce or vacate an arbitration award. You waive any right to a trial by jury, and agree that disputes will be resolved through arbitration. No claim subject to this provision may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant. Each party agrees not to bring a claim related to the Services or this Agreement more than six months after the time that the claim accrued. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
  • TECHNOLOGICAL RISKS – ANY TIME THERE IS USE OF TECHNOLOGY FOR DATA AND INFORMATIONAL PURPOSES YOU UNDERSTAND THAT ASSOCIATED THEREIN INHERENTLY IS A RISK OF SECURITY AND/OR DATA BREACH. WHILE AMERICOR REASSURES YOU THAT ALL POSSIBLE PRECAUTIONS TO PROTECT YOUR PERSONAL DATA ARE TAKEN AMERICOR CANNOT GUARANTEE THAT DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. AMERICOR CAN NOT GUARANTEE THE SECURITY OF THE PORTAL OR THE SERVICES OR THE PREVENTION FROM LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR ACCOUNT INFORMATION OR DATA. CONSEQUENTLY, AMERICOR CANNOT GUARANTEE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US AND YOU DO SO AT YOUR OWN RISK. ONCE WE RECEIVE YOUR INFORMATION, WE MAKE EFFORTS TO ENSURE SECURITY ON OUR SYSTEMS. WE USE PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS TO PROTECT PERSONAL INFORMATION ABOUT YOU. IF YOU BECOME AWARE THAT DATA STORED ON AMERICOR SERVERS MAY HAVE BEEN ACCESSED, DISCLOSED, OR ACQUIRED WITHOUT PROPER AUTHORIZATION AND CONTRARY TO THE TERMS OF THIS AGREEMENT AND/OR CONTRARY TO AMERICOR’S PRIVACY POLICIES , YOU AGREE TO IMMEDIATELY ALERT AMERICOR OF ANY DATA BREACH WITHIN A MAXIMUM OF TWO BUSINESS DAYS, AND SHALL IMMEDIATELY TAKE SUCH ACTIONS AS MAY BE NECESSARY TO ENABLE AMERICOR TO FULLY UNDERSTAND THE NATURE AND SCOPE OF THE DATA BREACH AND ELIMINATE THE DATA BREACH, INCLUDING BY DELETING ANY INFORMATION NOT RELATED TO YOUR CONFIDENTIAL AND FINANCIAL SITUATION THAT MAY HAVE BEEN STORED ON YOUR COMPUTER OR MOBILE DEVICE. ANY PARTY WHOSE DATA HAS BEEN BREACHED AGREES AND CONSENTS TO LIMITING ANY AND ALL LIABILITY OF CLAIMS AS DESCRIBED HEREIN INCLUDING THAT YOUR LIABILITY SHALL BE LIMITED TO CREDIT MONITORING SERVICE IN ADDITION TO THOSE OTHER RIGHTS AGREED TO HEREIN. IF AMERICOR LEARNS OF A SECURITY OR DATA BREACH AMERICOR MAY ATTEMPT TO NOTIFY YOU ELECTRONICALLY SO THAT YOU CAN TAKE APPROPRIATE PROTECTIVE STEPS. BY USING THIS WEBSITE, OR BY PROVIDING PERSONAL INFORMATION TO US, YOU AGREE THAT WE CAN COMMUNICATE WITH YOU ELECTRONICALLY REGARDING SECURITY, PRIVACY, AND ADMINISTRATIVE ISSUES RELATING TO YOUR USE OF THIS WEBSITE. WE MAY POST A NOTICE ON THIS WEBSITE IF A SECURITY BREACH OCCURS. IF THIS HAPPENS, YOU WILL NEED A WEB BROWSER ENABLING YOU TO VIEW THIS WEBSITE. WE MAY ALSO SEND AN EMAIL TO YOU AT THE EMAIL ADDRESS YOU HAVE PROVIDED TO US IN THESE CIRCUMSTANCES. DEPENDING ON WHERE YOU LIVE, YOU MAY HAVE A LEGAL RIGHT TO RECEIVE NOTICE OF A SECURITY BREACH IN WRITING. TO RECEIVE FREE WRITTEN NOTICE OF A SECURITY BREACH (OR TO WITHDRAW YOUR CONSENT FROM RECEIVING ELECTRONIC NOTICE) YOU SHOULD NOTIFY US AT [email protected]
  • NOTICE Credit9 may provide you with notices by e-mail, regular mail or postings on any of our public facing websites. Notice shall be deemed given twenty-four hours after we send you an email, unless Credit9 is notified that the e-mail address we used is deemed to be invalid. Alternatively, Credit9 may provide you legal notice by mail to a valid postal address, if provided by you through any of our websites. In such case, notice will be deemed given three (3) calendar days after the date of mailing. You may write to us to provide notices in writing at the following address: Credit9 Address City, State ZIP
  • ENFORCEMENT. Credit9 wishes to maintain the Website as a helpful resource for all of its users. As it relates to Credit9, you therefore have no reasonable expectation of privacy while using the Website because Credit9 reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Credit9 for use of or with the Website. Moreover, you also acknowledge that any breach, threatened or actual, of this Agreement by you may cause irreparable injury to Credit9 and/or its licensors, such injury would not be quantifiable in monetary damages, and Credit9 and/or its licensors would not have an adequate remedy at law. You therefore agree that Credit9 and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Credit9 or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Credit9 to enforce any provision of this Agreement.
  • PRIVACY. We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Website.
  • TERMINATION. Credit9 also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to terminate this Agreement with you (including any registered account) in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that Credit9 shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. Credit9 shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of this Agreement in accordance with this section. You may also terminate at any time by ceasing to use the Website. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from Credit9 and any right to use the Website shall immediately cease upon termination of this Agreement. The provisions concerning feedback, Credit9 ownership rights, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this Agreement for any reason.
  • MISCELLANEOUS. The relationship between you and Credit9 is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Credit9 prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, Credit9 may assign this Agreement in whole or in part. Moreover, Credit9 may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. Failure by Credit9 to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of that or any subsequent default or failure of performance. In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects theentire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for convenience only and have no legal or contractual effect. This Agreement and Credit9 Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Credit9 with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Credit9 with respect to the Website. Please note that Credit9 reserves the right to change the terms and conditions of this Agreement and by which the Website is extended to you by providing you in writing or electronically a copy of such revised terms (or notice thereof). Credit9 also has the exclusive right to provide updates, upgrades, and/or changes to any aspect of the Website at any time. Your continued use of the Website following any such change to such Website will be deemed acceptance of any change to this Agreement or the Website.

"Cookies" are small data files transferred by a website to your computer's hard drive. Credit9 or its service providers send cookies when you surf our site or sites where Credit9 ads appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the cookies used on our site, sites that are "powered by" another company on Credit9's behalf, or sites where our ads appear may give us access to information about your browsing preferences, which we may use to personalize and enhance your experience. Cookies are typically classified as either "session" cookies or "persistent" cookies. • Session cookies do not stay on your computer after you close your browser.

  • Persistent cookies remain on your computer until you delete them or they expire. Generally speaking, web browsers automatically accept cookies by default. That being said, you can typically prevent cookies or selectively accept cookies by adjusting the preferences in your browser. If cookies are not accepted, there may be some features of our site that will not be available and some Websites may not display properly. In most instances, however, a customer may refuse a cookie and still be able to navigate our website without issue. A web browser is usually set to accept cookies automatically but can be changed to decline them. Information on how to adjust cookie preferences (e.g., preventing your browser from accepting new cookies, etc.) are located in the help and support section of your browser. In most cases, a visitor may refuse a cookie and still fully navigate our Website. Like many companies, we use cookies and other tracking technologies on our online services (referred to together from this point forward as “Cookies”, unless otherwise stated) including HTTP cookies, flash cookies, HTML5 and Flash local storage, web beacons/GIFs, embedded scripts, and e-tags/cache browsers. We may use Cookies for a variety of purposes and to enhance your online experience, for example, by remembering your log-in status and viewing preferences from a previous use of an online service, for when you later return to that online service. Credit9 does not store passwords or any other information about a visitor in a cookie that would identify them, locate them, and determine their preferences or their financial activity. Aggregated customer information may help Credit9 assess the performance of its website and develop strategies to maximize utility. This information may be provided to other companies, including but not limited to third party advertisers. This information does NOT include any personal details that can be used to identify individuals. The cookies that Credit9 uses on its Website
  • Security Cookies – Session cookies used to support security measures within the site. • Yield Manager – This is a tracking pixel that records traffic coming from 3rd party sources.
  • LivePerson – A tracking pixel used to track web session for customer service web chat.
  • Credit9 – Contains a session cookie recognizing applicant to process loan application through completion
  • Iovation – Contains a cookie to identify applicants electronic device
  • DoubleClick – This is a tracking pixel that records traffic coming from 3rd party sources
  • H Online – Contains a cookie to identify applicants electronic device
  • Google Analytics – Web analytics tracking
  • Google Adwords – Conversion tracking How long does Credit9 keep personal information?
  • Credit9 will maintain the information that is necessary to enable Credit9 to provide the requested service and only for as long as it takes Credit9 to provide any such requested service.
  • Credit9 may still need to keep personal details of customers to ensure that systems reflect your preferences even if a customer has chosen to opt out of allowing Credit9 to use that customer's personal details for marketing purposes.
  • Credit9 may keep records of any transactions a customer enters into on the Credit9 Website for a minimum of six years from the end of Credit9's relationship with the customer.
  • Credit9 may keep other information about a customer only to the extent necessary to comply with applicable laws and to further legitimate business needs.
  • Third Party Websites. We use third party advertising and media companies to serve ads on our behalf across the Internet and to help manage and optimize our Internet business and communications. Through the use of Cookies, such third party companies may collect anonymous information about your visits to our site and your interaction with our ads and content. For instance, they may keep track of how many of our ads you have seen on other web sites before visiting our web site. This information is used to understand your browsing behavior and interests so that we can identify your needs and provide service that is tailored to you. Browser Signals. We do not currently take actions to respond to “Do Not Track” signals from your browser because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.