|
|
|||
|
|
DISCLAIMER AND TERMS OF USE AGREEMENTWe have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want. All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the Access Loan & Credit Data Web site means that you accept those changes. THANKS AGAIN FOR VISITING! Restrictions on Use of Our Online Materials All Online Materials on the Access Loan & Credit Data site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by Access Loan & Credit Data. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the Access Loan & Credit Data site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited. Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Access Loan & Credit Data or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use. Submitting Your Online Material and Mailed Letters to Us All remarks, suggestions, ideas, graphics, comments, or other information that you send to Access Loan & Credit Data through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated. That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Access Loan & Credit Data mission, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Limitation of Liability Access Loan & Credit Data WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION ON OUR SITE INTERRUPTION OF AVAILABILITY OF OUR SITE DEFECT ON OUR SITE DELAY IN OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE FAILURE PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.") WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE. Links to Other Site We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Access Loan & Credit Data-operated site or have moved to another site. Access Loan & Credit Data is not responsible for the content or practices of third party sites that may be linked to our site. When Access Loan & Credit Data provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Access Loan & Credit Data is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Access Loan & Credit Data site or endorsement, sponsorship or support of Access Loan & Credit Data, including its respective employees, agents or directors. Termination of This Agreement This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Access Loan & Credit Data Web site, along with all related documentation and all copies and installations. Access Loan & Credit Data may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Access Loan & Credit Data is entitled to terminate all or any part of any of its Web site without notice to you. Jurisdiction and Other Points to Consider If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Arizona, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Access Loan & Credit Data and/or its affiliates' intellectual property rights, Access Loan & Credit Data and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Access Loan & Credit Data, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Maricopa County. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Maricapa County, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Access Loan & Credit Data may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed. BY ORDERING, OR OTHERWISE NAVIGATING THROUGH THIS SITE, YOU EXPRESS YOUR UNDERSTANDING OF AND AGREEMENT WITH THE FOLLOWING INFORMATION. IF YOU DISAGREE WITH ANY OF THE CONDITIONS, DO NOT USE THIS SITE. WE RESERVE THE RIGHT TO CHANGE THESE CONDITIONS AT ANY TIME, SO PLEASE CHECK FOR CHANGES WHEN YOU USE THE SITE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THESE CONDITIONS MEANS THAT YOU ACCEPT THOSE CHANGES. IF YOU DO NOT UNDERSTAND THE MEANING OF ANY OF THESE STATEMENTS, PLEASE SEND AN EMAIL ASKING YOUR SPECIFIC QUESTION TO: Email Us IF THESE COMMENTS SOUND EXCESSIVELY LEGAL, I'M SORRY. BUT TO ABIDE BY THE LAW, WE GOTTA SAY SOME OF THIS STUFF. AS FANTASTIC AS WE FEEL THE SERVICE IS, AS TERRIFIC AS THE FEEDBACK IS, AS EXCITED AS I AM YOU'RE WANTING OUR HELP, EVEN SO, THERE ARE A TRUCKFUL OF LEGAL DISCLAIMERS WE HAVE TO MAKE. ANY AND ALL CLAIMS OR REPRESENTATIONS MADE IN THIS LETTER ARE TO BE CONSIDERED EXCEPTIONAL RESULTS BY TALENTED INDIVIDUALS WHO ACTUALLY USE THE INFORMATION, NOT THE AVERAGE RESULT OF ANYONE WHO ORDERS. THIS APPLIES ESPECIALLY TO THOSE WHO ORDER BUT DO NOT READ ANY EMAILS WE SEND, APPLY IT OR FOLLOW DIRECTIONS ONLY PARTLY. FOR EXAMPLE, BECAUSE SOMEONE I KNOW GETS A FIFTEEN THOUSAND DOLLAR LOAN DOES NOT MEAN THAT EVERYONE WHO ORDERS WILL GET A FIFTEEN THOUSAND DOLLAR LOAN. NOR THAT THE AVERAGE PERSON WILL. IT MEANS THAT IT'S POSSIBLE. OUR INFORMATION DOES NOT GUARANTEE NOR EVEN IMPLY THAT YOU WILL DUPLICATE OUR RESULTS. SINCE WE DON'T KNOW YOU, YOUR BUSINESS, YOUR CREDIT OR YOUR INCOME, WE CAN NOT GUARANTEE ANY TYPE OF RESULTS, EXCEPT THAT IF THE PROGRAM DOES NOT PERFORM TO YOUR SATISFACTION, WE WILL MAKE AN UNCONDITIONAL REFUND OF YOUR FEE TO US UPON NOTIFICATION. I THINK THAT IS VERY FAIR. ACCESS LOAN & CREDIT DATA PROVIDES LOAN AND CREDIT DATA AND DOES NOT MAKE OR GRANT LOANS. WE DO BELIEVE THAT WE HAVE THE BEST PROGRAM AVAILABLE FOR PEOPLE WITH CREDIT PROBLEMS AND THAT WE DO NOT KNOW OF A BETTER PROGRAM OUT THERE AND THE LICENSED SOFTWARE SOLUTIONS ARE UNIQUE AND NOT AVAILABLE FOR FREE ANYWHERE. OUR TEAM CONSISTS OF EXPERTS AND INDIVIDUALS THAT HAVE AN UNDERSTANDING ABOUT FINANCIAL MATTERS, AND OUR ADVISEMENT CREW INCLUDES FORMER CREDIT BUREAU EMPLOYEES, CURRENT SOFTWARE DEVELOPERS, FINANCIAL COMPANY EMPLOYEES, EXECUTIVES OF LARGE CORPORATIONS, MONEY WHOLESALERS, FINANCIAL ADVISORS AND ENTREPRENEURS THAT TYPICALLY FACE DIFFICULTIES IN OBTAINING LOANS BUT HAVE FOUND WAYS TO *FIT* WITHIN OUR CURRENT LENDING SYSTEM. EVEN WITH ALL THESE EXPERTS ON HAND, WE DO NOT IN ANY WAY IMPLY THAT THE AVERAGE PERSON WHO READS AND APPLIES THIS WILL AUTOMATICALLY GET A LOAN. WE ARE IN NO WAY GIVING FINANCIAL, ACCOUNTING OR LEGAL ADVICE, AND IF PROFESSIONAL ADVICE IS NEEDED, YOU SHOULD SEEK THE SERVICES OF A COMPETENT PROFESSIONAL. IN THE CASES WHERE DOLLAR AMOUNTS OR RESULTS MENTIONED ARE MADE BY FRIENDS OR PEOPLE I KNOW, I HAVE NOT VALIDATED THOSE FIGURES NOR DO I HAVE A WAY OF DOING SO SINCE THESE ARE USUALLY NOT PUBLIC. HOWEVER, BASED ON WHAT WE HAVE PERSONALLY OBSERVED WE HAVE EVERY REASON TO BELIEVE THE INFORMATION OR FIGURES ARE REASONABLY ACCURATE. BECAUSE I QUOTE A STATISTIC DOES NOT NECESSARILY MEAN I HAVE VALIDATED THAT PARTICULAR PIECE OF INFORMATION IN MY BUSINESS OR IN THE BUSINESSES OF MY CUSTOMERS. HAVING SAID THAT, THESE STATISTICS ARE COMMONLY HELD AS TRUE BY THE PEERS I ASSOCIATE WITH IN THIS BUSINESS. The author and publisher of this Program and the accompanying materials have used their best efforts in preparing this Program. The author and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this Program. The information contained in this Program is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this Program, you are taking full responsibility for your actions. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL BORROW ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.” ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL. The author and publisher disclaim any warranties (express or implied), merchantability, or fitness for any particular purpose. The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided “as is”, and without warranties. As always, the advice of a competent legal, tax, accounting or other professional should be sought. The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this Program. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose. TESTIMONIALS: THE TESTIMONIALS IN OUR MARKETING REPRESENT THE UNIQUE EXPERIENCES OF TALENTED INDIVIDUALS USING THIS OR SIMILAR METHODS AND DO NOT INDICATE YOU WILL OR EVEN CAN ACCOMPLISH A SIMILAR RESULT. AS FOR GETTING A LOAN IN 5-21 DAYS, THIS IS THE AMOUNT OF TIME IT HAS TAKEN ME AND A FEW OF MY FRIENDS. I CAN'T IMAGINE IT TAKING LONGER THAN THAT IF YOU FOLLOW THE INSTRUCTIONS IN THE EMAIL. BUT THAT DOESN'T MEAN IN ANY WAY THAT IT WON'T. AGAIN, WE DON'T KNOW THE AVERAGE PERSON WHO ORDERS SO WE DON'T KNOW WHAT THEY'RE CAPABLE OF ACCOMPLISHING. WE DO NOT IN ANY WAY MAKE ANY CLAIMS ABOUT THE AMOUNT OF TIME IT WILL TAKE SOMEONE TO IMPLEMENT AS A WHOLE. PEOPLE VARY ENORMOUSLY IN THE RATE AT WHICH THEY LEARN AND WORK. UNIQUENESS OF THIS SERVICE: THIS IS TO BE TAKEN IN THE CONTEXT THAT WHILE OTHERS MAY TEACH SIMILAR IDEAS OR STEPS, MY FORMULA FOLLOWS A UNIQUE SEQUENCE THAT WAS DEVELOPED BY ACCESS LOAN & CREDIT DATA IN CONJUNCTION WITH OTHER COMPANIES. YOU DO NOT NEED TO PAY A FEE TO GET TO THIS WEBSITE YOU ARE NOW READING. YOU FREELY AND OF YOUR OWN WILL, RISK ANY AND ALL CAPITAL YOU MAY CHOOSE TO SPEND IMPLEMENTING THE FORMULA AND CONCEPTS. YOU WILL DO SO WITH SKILL AND COMMON SENSE AND YOU CERTIFY THAT YOU ARE INTERESTED IN OBTAINING A LOAN AND ARE NOT JUST WASTING YOUR TIME AND OURS. YOU WILL NOT HOLD ACCESS LOAN & CREDIT DATA NOR ANY OF ITS EMPLOYEES OR SUBCONTRACTORS LIABLE OR ACCOUNTABLE IN ANY WAY FOR ANY FAILURE OF THE SERVICE TO LIVE UP TO YOUR EXPECTATIONS. ACCESS LOAN & CREDIT DATA IS HELD HARMLESS IN REGARDS TO ANY LOAN TRANSACTION, INCLUDING, BUT NOT LIMITED TO, INTEREST RATES CHARGED, SECURED OR UNSECURED STATUS, ANY DELAYS IN APPROVAL OR REJECTION, ANY AMOUNT RECEIVED, IF ANY. IN SHORT, LET ME SUM UP THIS WAY: YOU'RE AN ADULT AND I'M AN ADULT. I'M SHARING INFORMATION BASED ON MY EXPERIENCES, THOSE OF MY FRIENDS AND THAT WHICH I'VE LEARNED. YOU'LL USE YOUR OWN BRAINPOWER TO IMPLEMENT THESE METHODS AT YOUR OWN RISK. WE DO NOT REPRESENT THAT ANY OF THE CLAIMS MADE IN THIS LETTER ARE INDICATIVE OF WHAT THE AVERAGE PERSON WILL BE ABLE TO DO, ASSUMING THEY FOLLOW THE ADVICE AND INSTRUCTIONS, NOR DO WE REPRESENT THAT ENOUGH INFORMATION IS CONTAINED IN THIS PRODUCT TO ALLOW THE AVERAGE PERSON TO GET A LOAN. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT IT’S TERMS OR OTHERWISE ORDERING OUR PROGRAM. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, THERE WILL BE NO DOWNLOAD AND YOU WILL NOT BE CHARGED. License Grant: "You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means ALCD Access, Loan & Credit Data™. We hereby grant you a nonexclusive license to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer-for example, a hard disk, CD-ROM or other storage device. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer. Title: We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation"). Archival or Backup Copies You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above. Things You May Not Do: The Program/Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may not: Copy the Documentation, Copy the Software except to make archival or backup copies as provided above, Modify or adapt the Software or merge it into another program, Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software, Place the Software onto a server so that it is accessible via a public network such as the Internet, or Sublicense, rent, lease or lend any portion of the Software or Documentation. Transfers: You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer. Limited Warranty: We warrant that for a period of 90 days after delivery of this copy of the Software to you: The media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and The Software will perform in substantial accordance with the Documentation. To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Limited Remedy: Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either: Return the price you paid, or Repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Term and Termination: This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession. Confidentiality: The Program/Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS. Disputes: This license agreement shall be governed by, construed and enforced in accordance with the laws of the Arizona, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate ALCD Access, Loan & Credit Data™ and/or its affiliates' intellectual property rights, ALCD Access, Loan & Credit Data™ and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Maricopa County. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Maricopa County, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. General Provisions: This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software. This license agreement may be modified only by a writing signed by you and us. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. ALL PICTURES ARE PROFESSIONAL MODELS OF PHOTOS DESIGNED FOR ONLINE USE, AND, AS FAR AS WE KNOW, ARE NOT USERS OF THIS SERVICE. This Program is © copyrighted by ALCD Access, Loan & Credit Data. No part of this may be copied, or changed in any format, sold, or used in any way other than what is outlined within this Program under any circumstances. YOU AGREE THAT, IN INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT HAS BEEN DRAFTED BY US, AND YOU SHALL NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE OR ANY SIMILAR THEORY. Agreement Not To Bring, Join Or Participate In Class Actions: To the extent permitted by law, you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us, our employees, officers, directors, servicers and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs we incur in seeking such relief. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring, join, or participate in class actions is an independent agreement and shall survive the use of the program. By cilcking "I Agree" you certify that any information you provide is true, complete and correct. By ordering you also agree to the Agreement to Arbitrate All Disputes and the Agreement Not To Bring, Join Or Participate in Class Actions. (This purchase will be deemed incomplete and will not be processed by us unless digitally signed by you.) IF YOU HAVE ANY CREDIT PROBLEMS, WE STRONGLY RECOMMEND THAT YOU GET A COPY OF YOUR CREDIT REPORT. YOU CAN DO SO FOR A MINIMAL FEE, OR IF YOU HAVE BEEN TURNED DOWN FOR A LOAN RECENTLY, YOU MAY GET A FREE COPY FROM THE CREDIT BUREAU THAT REPORTED THE INFORMATION USED IN DETERMINING YOUR STATUS. THE FOLLOWING ARE THE NAMES AND ADDRESSES OF THE THREE MAJOR CREDIT BUREAUS: TRANS UNION, PO BOX 2000, CHESTER, PA, 19022, 1-800-888-4213 TO REQUEST A COPY OF YOUR CREDIT REPORT. EXPERIAN, PO BOX 2104, ALLEN, TX, 75013-2104, 1-888-397-3742. EQUIFAX, PO BOX 105873, ATLANTA, GA, 30348, 1-888-532-0179. STUDY YOUR CREDIT REPORT CAREFULLY AND IF YOU FIND ERRORS, YOU HAVE A RIGHT TO HAVE THOSE CHANGED OR CORRECTED. IT IS POSSIBLE FOR INDIVIDUALS WITH CREDIT PROBLEMS TO OBTAIN VARIOUS TYPES OF FINANCING DEPENDING ON THE LENDER'S CRITERIA AND OTHER GUIDELINES. WE DO NOT STORE ANY CREDIT CARD INFORMATION, AND ALL CUSTOMER DATA IS KEPT CONFIDENTIAL. THIS OFFER VOID WHERE PROHIBITED BY LAW.
|
||