Terms of Use
Last Updated: November 4, 2024
OVERVIEW
This website (“Site”) is operated by Giving Credit. Throughout the Site, the terms “we,” “us” and “our” refer to Giving Credit. Giving Credit offers access to and/or the use of this Site, including any information, tools, products, and services available from this Site (collectively, “Services”), to “you,” the user of this Site, conditioned upon your acknowledgement and acceptance of, and agreement to, all terms, conditions, policies and notices stated herein (collectively, “Terms of Service”). NOTE THAT THESE TERMS OF SERVICE CONTAIN MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT REQUIRE THE PARTIES TO RESOLVE ALL DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES RELATING TO THE OPERATION OR USE OF THE SITE OR SERVICES. BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH BELOW, YOU MAY NOT ACCESS OR USE THE WEBSITE.
By clicking “I agree” or by visiting or using our Site and/or using the Services, including through a third party, you thereby agree to be bound by the following Terms of Service, including those additional terms, conditions and policies referenced and/or available by hyperlink herein. These Terms of Service apply to all users of the Services, including, without limitation, users who are browsers, creditors, borrowers, and/or guarantors. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICE, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH BELOW, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE OUR SITE OR USE ANY SERVICES.
SECTION 1 – PERMITTED USE
THE SITE AND ITS SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER. ANY ACCESS TO OR USE OF THE SITE OR OUR SERVICES BY ANYONE UNDER 18 YEARS OF AGE IS EXPRESSLY PROHIBITED. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your or any other applicable jurisdiction. Specially Designated Nationals and other individuals and entities that have been placed on sanctions lists by the Office of Foreign Assets Control are categorically prohibited from the use of the Site or our Services. You may not transmit any worms or viruses or any other code of a destructive nature to us or through or using the Services.
A breach or violation of any of these Terms of Service may result in an immediate termination of your access to and use of the Site and any Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse to provide Service to anyone for any reason at any time.
You understand that the information and other content you provide to us on or through our Site or otherwise in connection with our provision of Services to you may involve (a) transmissions over various networks, and/or (b) changes to conform and adapt to technical requirements of connecting networks or devices. See our Privacy Policy for terms relating to your submission of personal information through our Site. Our Privacy Policy can be viewed at: https://www.about.givingcredit.org/privacy-policy
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of any Services, use of any Services, or access to any Services without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 3 – REWARDS PROGRAM
These Rewards Program Terms and Conditions (these “Program Terms”) are subject to, and made a part of the Terms of Service, and apply to your access to, and your participation in the Rewards Program.
Joining the Rewards Program
There are no membership fees associated with the Rewards Program. The Rewards Program is open only to individuals who are 18 years or older and are natural persons; no corporation, trust, partnership or other entity may participate in the Rewards Program.
Earning Points
The Rewards Program enables you to accumulate promotional points (“Points”) on all qualifying transactions through the Site, and to convert your Points into rewards redeemable for certain eligible items through our Rewards Center. You will accumulate points for each qualifying transaction as follows:
Points may take longer than 24 hours from the time of the last qualifying transaction to show up in your Account. We reserve the right, in our sole discretion, to limit the number of transactions per day for which Points may be awarded as well as the number of Points per day that a Rewards Program member may earn.
In order to accumulate Points, you must record each transaction activity in your Account on the Site. Points and rewards are promotional only. Points and rewards have no value, and may not be redeemed for cash. We reserve the right to add or delete products and services eligible for redemption or Point collection at any time, at our sole discretion, without notice.
Redeeming Points
Redemption of Point rewards are subject to availability. You may only redeem Point rewards on the redemption website operated by a third party vendor, which is made available through the Rewards Center. Giving Credit reserves the right to change or discontinue any redemption products and offerings, and to change the amount or kind of Point rewards necessary to be eligible for redemption at any time, with or without notice. Once Point rewards have been redeemed, they cannot be credited back to your Account.
If you have an Account and have properly recorded Points to your Account or converted your Points to rewards, there may be periods of time where your accumulated Points or Point rewards do not appear in your Account. Rest assured, such Points and rewards are still linked to your Account, and are available for conversion or redemption in accordance with these Program Terms once availability resumes.
Prohibited Conduct
In addition to the restrictions you agreed to in these Terms of Service, you agree that any fraud, attempted fraud, suspected fraud, or abuse of the Program or these Program Terms is expressly prohibited and engaging in any of these activities will be grounds for immediate termination and disqualification from the Program and may lead to the forfeiture of all earned Points.
Miscellaneous Rewards Program Terms
Giving Credit reserves the right to change or modify the Rewards Program and these Program Terms at any time and in our sole discretion. We specifically reserve the right to amend or alter the Rewards Program, any Rewards Program benefit or award/reward or these Rewards Program Terms with or without notice. If we cancel or make changes to the Rewards Program and/or these Rewards Program Terms, we may provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Rewards Program Terms. By continuing to access or participate in the Program, you confirm your acceptance of the revised Rewards Program Terms and all of the terms incorporated therein by reference. We encourage you to review these Rewards Program Terms frequently to ensure that you understand the terms and conditions that apply when you access or participate in the Program. If you do not agree to the revised Rewards Program Terms, you may not access or participate in the Rewards Program. If Giving Credit cancels the Rewards Program, it will provide at least sixty (60) days’ advance notice of the cancellation through a notification on the Site. You are responsible for checking the Site for updates about the Rewards Program.
If Giving Credit cancels the Rewards Program, all of your Points will automatically and immediately expire upon the effective date of cancellation. If any Points are cancelled for any reason, they become void without compensation. Giving Credit reserves the right, at its sole discretion, to cancel or suspend the Rewards Program without notice should a virus, bug or any other cause beyond the reasonable control of Giving Credit corrupt the security or proper administration of the Program.
Any fraudulent, deceptive, unauthorized, or otherwise unlawful participation in the Rewards Program or use of the Services, or your Account is strictly prohibited, and may result in immediate termination or disqualification from the Rewards Program and cancellation of your Account.
IF YOUR ACCOUNT IS CANCELLED, ANY REMAINING POINTS WILL EXPIRE.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally, there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions in descriptions, terms, offers, availability, or other matters. We are not responsible if information made available on this Site is not accurate, complete, or current. General information on this Site should not be relied upon or used as the sole basis for making decisions without consulting specific, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
We are not responsible for communications with third parties initiated on, conducted through, or facilitated by our Services. You should use appropriate caution in dealings with third parties regarding the Services. Do not assume that a party is trustworthy because of that party’s use of the Services. We reserve the right to remove individuals’ access to the Services for misrepresentations or other fraudulent behavior, but we have no obligation to do so. Additionally, you should be vigilant against individuals falsely claiming association with us or with parties that use the Services.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel transactions without prior notice if information on our Site or in the Services or on any related website is inaccurate. However, we undertake no obligation to update, amend, or clarify information on our Site or in any Service or on any related website. No specified update or refresh date applied on our Site or in the Services or on any related website should be understood to indicate that all information on our Site or in the Services or on any related website has been modified, updated, or determined to be accurate.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 – RISK OF SECURITY INCIDENT
We employ certain safeguards in order to protect the sensitive information that you provide to us, including financial account information. Similarly, we use various measures to protect funds that have been transferred to us in connection with the Service. However, we cannot guarantee the security of the information and funds in our possession against all potential cyberattacks or other criminal actors. BY USING THE SITE OR OUR SERVICES, YOU HEREBY ACKNOWLEDGE THE RISK OF MALICIOUS ACTS BY THIRD PARTIES, INCLUDING THE RISK OF THEFT OF INFORMATION OR FUNDS.
SECTION 6 – PROVISION OF SERVICES
We reserve the right to modify, suspend, discontinue, or change the terms governing any Service (or any part or content thereof) at any time without notice. We shall not be liable to you or to any third party for any modification, suspension, discontinuance, or change of terms governing any Service.
We reserve the right, but are not obligated, to limit access to our Site or the use of our Services as to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit a user’s ability to borrow through our Services.
We reserve the right to freeze, halt, or reverse fund transfers through or involving our Services so that we can conduct a review of the transaction if we suspect fraud, misuse of the Services, or other violation of these Terms of Service. We may, in connection with the review process, request additional information or documentation from you to confirm your identity or to verify that the transactions in question are legitimate.
SECTION 7 – ACCOUNTS AND PASSWORDS
Our Site uses SMS messaging for authentication. If you create a user account on our Site (an “Account”), you are solely responsible for protecting your Account against individuals who have or may obtain access to your SMS messages. You agree that you shall be liable for any unauthorized use in the event that an unauthorized user gains access to an authenticated area of the Site or the Services as a result of your acts or omissions.
By creating an Account, you consent to receive electronic communications from Giving Credit (e.g., via email or by posting notices on the Site). These communications may include notices about promotions, your Account (e.g., payment authorizations, password changes, security concerns and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
SECTION 8 – ACCURACY OF ACCOUNT INFORMATION
We reserve the right to deny you access to our Services. By using the Services, you represent and warrant that you are an individual end-user or business and that you have identified yourself accurately in your use of the Services. We reserve the right to limit or prohibit users that, in our sole judgment, appear to be acting fraudulently, maliciously, on behalf of undisclosed third parties, or otherwise not in accordance with these Terms of Service.
You agree to provide current, complete, and accurate Account and other information on our Site. You agree to promptly update your Account and other information when necessary to ensure that the information remains current, complete, and accurate.
SECTION 9 – THIRD-PARTY WEBSITES, PRODUCTS, AND SERVICES
Certain portions of our Site or Service may include materials from third parties. Links on this Site may direct you to third-party websites that are not owned, operated, affiliated with, monitored, or controlled by us, including for example any third party website that is made available for users to redeem Points. All such materials and links are provided solely as a convenience for you. We are not responsible for the content, materials, or information on such third-party websites, and we do not make any representation, warranty, or condition as to, and we will not have any liability or responsibility for, any third-party websites, products, or services. If you decide to access any third-party website linked to or from our Site, you do so entirely at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, products, services, resources, content, or any transactions made in connection with or through any third-party websites. Please review carefully any applicable third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party websites, products, or services should be directed to the applicable third party.
SECTION 10 – COPYRIGHT INFRINGEMENT NOTICES
If you believe in good faith that materials appearing on this Site infringe your copyright (or that of a third party on behalf of whom you are authorized to act), you (or your agent) may send us a notice at ashley@givingcredit.org, requesting that the material be removed, or access to it blocked. Please include the following information in any such notice: (a) your name, address, telephone number, and email address; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is requested to be removed or access to which is requested to be disabled, and information reasonably sufficient to locate the material; (c) statement that you, the complaining party, have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, feedback on a Service) or, without a request from us, you otherwise send creative ideas, suggestions, proposals, plans, product, reviews, materials, comments, or ideas (collectively, “ user content”), you agree that we have your permission and consent to, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any user content that you send to us. We are and shall be under no obligation (a) to maintain any user content in confidence, (b) to pay compensation for any user content, or (c) to respond to any user content. You further agree that we have your permission and consent to, but have no obligation to, use, disclose, and display your name, image, likeness, and other indicia of personal identity in association with your user content, and you hereby waive your rights of publicity in connection therewith.
We may, but have no obligation to, monitor, edit, or remove user content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, misleading, inaccurate, or otherwise objectionable or in violation of any party’s intellectual property rights or these Terms of Service.
You agree and hereby represent and warrant that any user content you send to us will not violate any right of any third party, including any copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your user content will be truthful and accurate and will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Site, the Service, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin or veracity of any user content. You are solely responsible for any user content you provide and its accuracy. We take no responsibility and assume no liability for any user content created or sent to us by you or any third party.
SECTION 12 – PRIVACY POLICY
Our Privacy Policy can be viewed at: https://www.about.givingcredit.org/privacy-policy. By using our Site, you hereby represent, warrant, and confirm that you have read, understood, and agreed to our Privacy Policy (the terms of which are incorporated herein by reference) and agree that the terms of such Privacy Policy are reasonable and satisfactory to you. We may change our Privacy Policy from time to time, and if we do, we’ll post any changes on that page. By continuing to use our Site after those changes are in effect, you thereby agree to the revised policy. If the changes are significant, we may provide more prominent notice or get your consent on the new policy. If you are not a resident of the United States, you hereby acknowledge and agree that the personal information you submit to the Site may be transferred to the United States and processed by Giving Credit in order to provide this Site and its Services to you or for such other purposes as set forth in the Privacy Policy.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from accessing or using the Site or its content or any of our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, federal, provincial, state, or local rules, regulations, laws, mandates, decrees, orders, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or otherwise; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code, including any such code that will or may be used in any way that could affect the functionality or operation of our Site, the Services, or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Site, the Services, or any related website, other websites, or the Internet. We reserve the right to terminate your access to or use of our Site, any Service, or any related website for engaging in any of the foregoing prohibited activities.
SECTION 14 – COPYRIGHT NOTICE
You acknowledge and agree that, as between you and Giving Credit, all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material, and compilations (collectively, “Content”) are and shall remain intellectual property and copyrighted works of Giving Credit. Further, you hereby agree that any and all third-party Content appearing on this Site are and shall remain the property of the respective owner(s) thereof. Except as expressly provided otherwise in these Terms of Service, nothing may be construed to confer to you any license to or ownership right in any Content or other materials published or otherwise made available through the Site or the Services, whether by estoppel, implication or otherwise. All rights not granted to you in these Terms of Service are expressly reserved by us.
Reproductions or storage of Content retrieved from this Site, in all forms, media, and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
SECTION 15 – TRADEMARK NOTICE
As between you and Giving Credit, any and all other trademarks, logos, trade names, and other indicia of origin appearing on our Site or our Services (“Trademarks”) and all goodwill associated therewith are and shall remain intellectual property owned by Giving Credit. Further, you hereby agree that any and all third-party Trademarks appearing on our Site or our Services and all goodwill associated therewith are and shall remain the property of their respective owners. Except as expressly provided otherwise in these Terms of Service, nothing may be construed to confer to you any license to or ownership right in any Trademark, whether by estoppel, implication, or otherwise. All rights not granted to you in these Terms of Service are expressly reserved by us.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SITE OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND ANY SERVICES DELIVERED TO YOU THROUGH OUR SITE OR SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US HEREIN) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY GUARANTY, REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE OR NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE ANY SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL ANY SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
IN NO EVENT SHALL THE GIVING CREDIT PARTIES BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR SITE OR ANY SERVICE OR ANY FAILURE TO PROVIDE SERVICES TO YOU, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SITE, THE SERVICES, OR ANY PRODUCT ON OUR SITE OR PROCURED USING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SITE OR THE SERVICES OR ANY CONTENT (OR PRODUCT OR SAMPLE THEREOF) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE OR THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU ARISING FROM OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE SITE (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU (IF ANY) TO GIVING CREDIT IN CONNECTION WITH THE SERVICES THAT RELATE TO SUCH CLAIM.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, OR THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms of Service, for any failure or delay by us in fulfilling or performing any obligation with respect to the Services when and to the extent such failure or delay is caused by or results from the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or action; (e) pandemics or epidemics; (f) vendor or supplier failures, nonperformance, or delays; (g) embargoes or blockades in effect on or after the date of this Agreement; (h) national or regional emergency; (i) strikes, labor stoppages, or slowdowns or other labor or industrial disturbances; (j) materials shortages; or (k) other events beyond our reasonable control.
TO THE EXTENT ANY STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 17 - RELEASE
To the fullest extent permitted by applicable law, you release the Giving Credit Parties from responsibility, liability, claims, demands, and/or damages of every kind and nature, in any way arising out of or related to the operation, or your use, of the website or any Content that in any way arise out of or related to the acts or omissions of third parties (“Third Party Disputes”). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE ARISING OUT OF THESE TERMS OF SERVICE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU ALSO WAIVE ANY RIGHTS YOU MAY HAVE WITH RESPECT TO THIRD PARTY DISPUTES UNDER ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Covered Parties (as defined above) from any claim, demand, action, loss, liability, cost, or expense, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site, your breach of these Terms of Service or the documents they incorporate by reference, your violation of any law, or the rights (including, without limitation, intellectual property rights) of any other person, or your breach of any duty owed by you to any other person. If using the Site on behalf of a third party, you and such third party agree to defend, indemnify, and hold harmless the Covered Parties as described above on behalf of yourself and such third party.
SECTION 19 – FORCE MAJEURE
We shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms of Service, for any failure or delay by us in fulfilling or performing any obligation when and to the extent such failure or delay is caused by or results from the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or action; (e) pandemics or epidemics; (f) vendor or supplier failures, nonperformance, or delays; (g) embargoes or blockades in effect on or after the date of this Agreement; (h) national or regional emergency; (i) strikes, labor stoppages, or slowdowns or other labor or industrial disturbances; (j) materials shortages; or (k) other events beyond our reasonable control.
SECTION 20 – THIRD PARTIES
If you use this Site to submit Requests for or on behalf of a third party, then you represent and warrant that you are authorized by such third party to submit Requests or otherwise use the Site on its behalf. You agree that you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges, and performance obligations. In addition, you must inform such third party of all Terms of Service applicable to all Services, including all rules and restrictions applicable thereto.
SECTION 21 – TERMINATION
These Terms of Service are effective unless and until terminated by us at any time.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate your use of or access to our Site or Services (or any part thereof), and no termination of such access or these Terms of Service shall relieve you of any obligation or liability that shall have accrued prior to such termination.
SECTION 22 – ENTIRE AGREEMENT
No failure or delay by us in exercising or enforcing any right or provision of these Terms of Service shall constitute a waiver of such right or provision or prevent us from further exercising or enforcing any such right or provision in the future.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Site and the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 23 – GOVERNING LAW; VENUE
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to the conflicts of law principles thereof. Any litigation arising out of or connected in any way with these Terms of Service which s not subject to arbitration shall take place on an individual basis exclusively in the U.S. District Court for the District of Massachusetts except to the extent that court lacks subject matter jurisdiction, in which case any such actions or proceedings shall occur exclusively in Middlesex County, Massachusetts. you submit to the personal jurisdiction of those courts in connection with any such actions or proceedings, and agree not to claim that litigation in those courts is inconvenient or seek to transfer venue to any other court.
SECTION 24 – BINDING ARBITRATION
YOU AND THE GIVING CREDIT PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM THAT MAY ARISE BETWEEN YOU AND THE GIVING CREDIT PARTIES RELATING IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES (A "CONTROVERSY") SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, EXCEPT WHERE THERE IS A CONFLICT OR INCONSISTENCY BETWEEN AAA’S RULES AND PROCEDURES AND THESE TERMS OF SERVICE, IN WHICH CASE, THESE TERMS OF SERVICE WILL GOVERN. This arbitration agreement applies to any Controversy in connection with the Site or Services or involving the performance, construction, or breach of these Terms of Service.
At least thirty (30) days prior to commencing any arbitration hereunder, you are required to give written notice of the facts and circumstances of your claim(s) to the Giving Credit Parties at 51 Pleasant Street #278 Malden, MA 02148. The Giving Credit Parties may, but are under no obligation to, engage in privileged settlement negotiations with you during this 30-day period. To be valid, your notice of dispute must include: (1) your name; (2) an email address and telephone number at which you may be reached during business hours; (3) a description of the nature and basis of your claims or dispute (including, where applicable, specific dates); (4) an explanation of the specific relief sought; (5) your physical or electronic signature; and (6) if you have retained an attorney, your signed statement authorizing the Giving Credit Parties to disclose your confidential account records to your attorney if necessary in resolving your claim. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
Each party will bear its own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).Claims shall be heard by a single arbitrator. Where the amount of an alleged claim totals less than $250,000, the arbitration will be based on the submission of documents and shall be decided without a hearing, unless the parties agree otherwise in writing.
Federal and state statutes of limitation, repose, and/or other rules, laws, or regulations impose time limits for bringing claims in federal and state court actions and proceedings. The parties agree that all federal or state statutes of limitation, repose, and/or other rules, laws, or regulations imposing time limits that would apply in federal or state court, apply to any Controversy, and such time limits are hereby incorporated by reference. Therefore, to the extent that a Controversy arises and would be barred by a statute of limitation, repose or other time limit, if brought in a federal or state court action or proceeding, the parties agree that such Controversy shall be barred in an arbitration proceeding, and that such defense may be asserted on a dispositive motion prior to any discovery.
Any award in an arbitration shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Except to the extent required by law to be permitted, the arbitrator will have no authority to award punitive, consequential, special or other damages that are not directly compensatory in nature, regardless of the cause or foreseeability thereof. The arbitrator will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys’ fees if a particular applicable law so provides. Notwithstanding anything to the contrary in these Terms of Service, nothing herein shall be read to prohibit the Giving Credit Parties from seeking injunctive relief against you in a court with appropriate jurisdiction in connection with your use of the Site or Services or any violation of these Terms of Service.
You understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under state and federal law. This arbitration provision will be enforced and interpreted exclusively in accordance with applicable federal laws of the United States, including the Federal Arbitration Act.
If 25 or more individuals submit notices or attempt to initiate arbitrations with the Giving Credit Parties raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated (“Mass Claims”), you and the Giving Credit Parties agree that if the claims are not resolved and proceed to arbitration, they shall proceed in staged bellwether proceedings. You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for the Giving Credit Parties shall each select ten cases (per side) to be filed in and proceed in arbitration in a bellwether proceeding to be resolved individually. Each case shall be assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration, and AAA shall not accept or administer arbitrations commenced in violation of these procedures. If the parties are unable to resolve the remaining cases after the conclusion of the first stage bellwether proceeding, each side may select another ten cases (per side) to be filed in and proceed in arbitration in a second bellwether proceeding to be resolved individually. Each case shall be assigned to a separate arbitrator. This process shall continue until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these mass arbitration procedures apply to a claimant’s notice, any statute of limitations applicable to the claims set forth in that notice will be tolled from the time the first cases are selected for a bellwether proceeding until the claimant’s notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations.
Except as may be required by law, neither the parties nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
You agree to the following additional provisions regardless of your place of residence at the time a Controversy arises:
You agree that any arbitration hearing will be held in Boston, Massachusetts unless otherwise agreed by you and the Giving Credit Parties in a signed writing;
All arbitrations will be held in the English language, unless otherwise agreed to by the parties; and
You agree that this agreement to arbitrate shall be binding on you, your heirs, administrators, representatives, executors, successors and assigns.
SECTION 25 – WAIVER OF RIGHT TO PURSUE CLASS ACTION CLAIMS
YOU AND THE GIVING CREDIT PARTIES AGREE THAT EACH MAY BRING CLAIMS OR OTHERWISE RESOLVE ANY CONTROVERSIES AGAINST THE OTHER PARTY ONLY ON AN INDIVIDUAL BASIS, AND WAIVE ANY RIGHT TO PURSUE ANY CLAIMS AS A PLAINTIFF OF CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. FURTHER, YOU AND THE GIVING CREDIT PARTIES AGREE THAT ANY CONTROVERSY WILL NOT BE BROUGHT AS A CLASS, COORDINATED OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF YOU OR ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
SECTION 26 – WAIVER OF JURY TRIAL
YOU AND THE GIVING CREDIT PARTIES WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTIONS OR PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THESE TERMS OF SERVICE.
SECTION 27 – EQUITABLE RELIEF; EXCLUSIONS FROM ARBITRATION
You agree that a breach of these Terms of Service will cause irreparable injury to Giving Credit for which monetary damages would not be an adequate remedy and Giving Credit shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages. No provision of these Terms of Service requiring the resolution of any claims, disputes, or controversies by arbitration will preclude us from seeking interim or provisional relief, including a temporary restraining order, preliminary injunction, or other interim equitable relief concerning any such claim, dispute, or controversy, if necessary (in our sole determination) to protect our interests. With respect to any such claim, dispute, or controversy described in this Section, we may pursue whatever rights and remedies may be available to us under law or equity, including through litigation in a court of competent jurisdiction, provided that any such claims, disputes, or controversies referred by us to litigation will be subject to the exclusive jurisdiction and venue of the state or federal courts located in the state or federal court of competent jurisdiction located in Boston, Massachusetts, and you hereby consent to the personal jurisdiction thereof with respect to such claims, disputes or controversies.
SECTION 28 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, then such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion of such provision shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity or enforceability of any other remaining provisions of these Terms of Service, which shall remain in full force and effect.
SECTION 29 – CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Site or any Service following the posting of any updates and/or changes to these Terms of Service constitutes your acceptance of those updates and changes. You can review the most current version of the Terms of Service at any time at this page.
SECTION 30 – CONTACT INFORMATION
Questions about these Terms of Service should be sent