Terms of Use

SmartCredit

LAST UPDATED: December 1, 2025

These Terms of Use for SmartCredit are a legal agreement between you and ConsumerDirect, Inc., a Nevada corporation ("ConsumerDirect" or "we" or "us"). These Terms of Use govern your access to and use of the following websites and mobile applications ("Apps") which are all owned by ConsumerDirect: smartcredit.com and the SmartCredit App, thelendingscore.com, scoremaster.com and the ScoreMaster App, hogo.com and the Hogo App, and consumerdirect.com (all of the foregoing, together with any related online offerings and features, collectively, the "Products"), as well as your communications with us, and other interactions with us.

Some of our Products may from time to time be presented or offered to you through one of our third-party business partners and/or may include a third-party business partner's name or branding alongside our name and branding. Notwithstanding the foregoing, your contractual relationship with respect to the Products is solely with ConsumerDirect.

Each of our Products may be governed by an additional Service Agreement specific to that Products. Please carefully review these Terms of Use and the applicable Service Agreement for any Products of ours that you use or enroll in (the Terms of Use and any applicable Service Agreement(s), collectively, the "Terms"). By using or accessing any part of the Products, by clicking to accept or agree to the Terms when this option is made available to you, by downloading any App provided by us, and/or by registering for a User Account (defined below), you are digitally signing, accepting, and agreeing to be bound and abide by the Terms and our Privacy Policy, which constitute legally binding agreements between you and us and govern your use of the Products. By agreeing to the Terms, you represent and warrant that you have read, understand, and agree to the Terms and our Privacy Policy and that you are of legal age to form a binding contract with us.

IF YOU DO NOT AGREE TO THE TERMS, YOU MUST NOT USE OR ACCESS ANY PART OF THE PRODUCTS, AND YOU MUST DELETE ANY APPS FROM ALL OF YOUR DEVICES.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: THIS AGREEMENT HAS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. SEE SECTION 17 BELOW.

Changes to the Terms. We reserve the right to revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Products thereafter. When we do, we will post the revised or updated Terms to the Products, and we may also notify you by emailing you, by sending an in-App alert (when applicable), posting a notice on our website(s), or by any other means we reasonably determine to give you notice. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. Your continued use of the Products after any such amendment will constitute your agreement to the Terms as amended. However, any changes to the dispute resolution provisions set out in the Governing Law and Arbitration sections below will not apply to any disputes for which the parties have actual notice before the date we first give notice of any such change thereto.
Eligibility. The Products are intended solely for users who are 18 years of age or older who reside in the United States. If you are not located in the United States, or if you are under the age of 18, you are not permitted to use the Products. If you access the Products from outside the United States in violation of this policy, you are solely responsible for compliance with local laws.
Limited Product License. Subject to your compliance with the Terms, we grant you a limited, personal, revocable, non-exclusive, and nontransferable license to use and access the Products, including any Apps, for your personal, non-commercial use on a reasonable number of personal devices owned or otherwise controlled by you ("Devices") strictly in accordance with the Products' intended use. You are solely responsible for the internet connection and/or mobile or other charges that you may incur for accessing and/or using the Products on your Devices.
Reservation of Rights.
1. Generally. You acknowledge and agree that the Products are provided under license, and not sold, to you. You do not acquire any ownership interest in the Products under the Terms or otherwise, or any other rights thereto other than to use the Products in accordance with the license granted, and subject to all terms, conditions, and restrictions, under the Terms. We reserve all rights not expressly granted to you in the Terms. Except for the limited rights and licenses expressly granted under the Terms, nothing in herein grants, by implication, waiver, estoppel, or otherwise, to you or to any third party, any intellectual property rights or other right, title, or interest in or to the Products (including without limitation all source code, databases, functionality, software, algorithms, designs, audio, text, and graphics embodied therein, and all copyrights, trademarks, and other intellectual property rights therein or relating thereto) or to any of our trademarks, service marks, or logos.
2. Trademarks. The following terms and all related names, logos, product and service names, designs, and slogans, and any other trademarks used on the Products now or in the future are trademarks of ConsumerDirect or its affiliates or licensors: CONSUMERDIRECT, SMARTCREDIT, SMARTCREDIT.COM, SMARTCREDIT REPORT, SCORETRACKER, SCOREBUILDER, SCOREMASTER, SCOREBOOST, MYLONA, PRIVACYMASTER, THE LENDING SCORE, MAX AI, BETWEEN TWO SCORES, PRIVACY FOR FREE, THE PEOPLE FIRST FINANCIAL PLATFORM, DEFEND YOUR PRIVACY, and HOGO. You must not use such marks without the prior written permission of ConsumerDirect. All other names, logos, product and service names, designs, and slogans on the Products are the trademarks of their respective owners.
3. Feedback. If you provide us with any feedback, ideas, suggestions, recommendations, or other similar communications or materials regarding any Products or our business (collectively, "Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You will and hereby do assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
License Restrictions. You shall not:
1. copy the Products, except as expressly permitted by the license granted in Section 3 (Limited Product License);
2. access the Products through any automated or non-human means;
3. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Products;
4. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Products or any part thereof;
5. use any data mining tool, robots, or similar data gathering or extraction tools in connection with the Products or otherwise harvest, collect, or store information about users or use such information for any purpose inconsistent with the purpose of the Products or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications;
6. use manual or automated software, devices, scripts, robots, other means or processes to access, "scrape," "crawl" or "spider" any content or services contained in the Products;
7. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Products, including any copy thereof;
8. circumvent, disable, or otherwise interfere with any security-related features of the Products;
9. frame of or link to the Products without our authorization;
10. rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Products, or any features or functionality of the Products, to any third party for any reason, including by making the Products available on a network where they are capable of being accessed by more than one device at any time;
11. engage in any conduct that restricts, inhibits, or otherwise interferes with the ability of any other person to use or enjoy the Products;
12. use the Products to transmit or distribute material that may be harmful to or interfere with the Products or any third party's networks, systems, services, or websites (such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment);
13. use the Products on behalf of any third party without their consent or knowledge;
14. use the Products or take any action in a way that places an unreasonable or disproportionately large load on our infrastructure;
15. access, via automated or manual means or processes, the Products for purposes of monitoring its availability, performance or functionality or for any competitive purpose including without limitation benchmarking or competitive analysis;
16. use the Products in violation of any applicable laws or regulations, including without limitation any export controls and sanctions;
17. use the Products in violation of our or any third party's intellectual property or other proprietary or legal rights;
18. use the Products to send any unauthorized advertising or promotional material;
19. use the Products in violation of the Terms; or
20. interfere with or disrupt the Products, including but not limited to any servers or networks connected thereto.
If you become aware of any actual or threatened activity prohibited by this Section, you shall immediately: (a) take all reasonable and lawful measures within your control that are necessary to stop the activity or threatened activity and to mitigate its effects; and (b) notify us of any such actual or threatened activity.
User Accounts; Termination; Security.
1. While you may access certain of our websites or download some of our Apps without registering, you must register and create an account (a "User Account") to otherwise use certain of our Products or features thereof. You agree to provide accurate, current, and complete information at all times and to update such information as necessary. You are solely responsible for keeping your User Account secure and confidential, and you will be solely responsible for all activities that occur under or in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account or any other breach of the security of your User Account. By creating a User Account, you are agreeing and opting in to receive communications from us via email, SMS, phone call, the Products, or any other means of communication. You may opt out of such communications as provided in our Privacy Policy.
2. We may suspend, terminate, modify, or delete your User Account and/or any subscription you have purchased, or your access to the Products, at any time and for any reason, with or without notice to you. Without limiting the generality of the foregoing, we may suspend your access to all or any portion of the Products or your User Account if: (i) you breach any term of the Terms, (ii) you fail to timely pay, or you chargeback, any fees you agreed to pay for the Products, or (iii) your User Account has not been used for 90 days or more; (iv) we reasonably determine that (A) there is a threat or attack on the Products or any of our systems or property; (B) your use of the Products is frivolous or inappropriate or disrupts or poses a security risk to the Products or our business or to any other customer or vendor of ours; (C) you are using the Products for fraudulent or illegal activities; (D) our provision of the Products to you is prohibited by applicable law; or (v) any vendor of ours has suspended or terminated our access to or use of any third-party services or products required to enable you to access the Products. We will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of any suspension, termination, modification, or deletion of your User Account and/or any subscription you have purchased, or your access to the Products. If we terminate or delete your User Account, you may not register or create a new User Account under your name or any other name without our prior written consent.
3. You understand that if you or we terminate or delete your User Account, you will lose access to any data associated with your User Account. You may not be able to recover or access such data, even if you repurchase a subscription.
4. All provisions of the Terms which by their nature should survive any termination or deletion of your User Account shall survive, including, without limitation, provisions relating to intellectual property, disclaimers of warranty, limitations of liability, indemnification, governing law, arbitration, and miscellaneous.
5. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY USER ACCOUNT THAT YOU CREATE IN CONNECTION WITH THE PRODUCTS.
6. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account is personal to you and agree not to provide any other person with access to the Products or portions of it using your username, password, or other security information. If you nonetheless share your credentials with others, whether intentionally or not, you do so at your own risk, and you will be solely responsible for and shall indemnify ConsumerDirect against all activities that occur in connection with your User Account, whether or not authorized by you. We disclaim all liability arising from any unauthorized access, use, loss, or disclosure resulting from your failure to maintain the confidentiality of your credentials. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your User Account at the end of each session. You should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information.
7. We have the right to suspend or disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including without limitation if, in our opinion, you have violated any provision of the Terms or for security reasons (e.g. if we believe your account may have been compromised). We may also from time to time reset, or require you to reset, your password or other credentials, or otherwise verify your identity, with or without prior notice, in our sole discretion, including without limitation in the ordinary course of security management or breach prevention.
Transactions and Fees. Details regarding transactions and fees are available in the applicable Service Agreement for any Product(s) in which you are enrolled.
Collection and Use of Your Personal Information. You acknowledge that when you use or access the Products, we may use automatic means (including, for example, cookies, pixels, and web beacons) to collect personal information about you, your Devices, and your use of the Products. You also may be required to provide certain information about yourself as a condition to using the Products or certain of its features or functionality, and the Products may provide you with opportunities to share information about yourself with us and with third parties. Any information you provide directly to us is completely voluntary; however, your failure to provide certain personal information may hinder or otherwise restrict your ability to use the Products and all of its features. You agree that all information you provide to us will be correct, current, and complete. All information we collect through or in connection with the Products is subject to our Privacy Policy.
Updates; Availability and Features of the Products; Security; Language and Translation.
1. We may from time to time in our sole discretion develop and provide updates to the Products, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality of the Products. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Products. If the Products are available via an App, then based on your Device settings, when your Device is connected to the internet either: (i) the App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. Without limiting our broad discretion to make changes to the Products, we expressly reserve the right, in our sole discretion, to make any changes to the Products that we deem necessary or desirable to: (a) maintain or enhance: (i) the quality or delivery of the Products or services to our end users; (ii) the competitive strength of or market for our Products or services; or (iii) the Products' cost efficiency or performance; or (b) to comply with applicable law, industry practices, and contractual obligations.
2. You agree promptly to download and install all Updates, and you acknowledge and agree that the Products or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Products and subject to the Terms.
3. We reserve the right to change, suspend, remove, or disable access to the Products or any features or functionality thereof, at any time with or without notice. Without limiting the generality of the foregoing, we may suspend or stop providing the Products altogether.
4. We will have no liability for any Update, or for any change, suspension, removal, unavailability, or disabling of access to the Products or any features or functionality thereof, or for any suspension or cessation of the Products.
5. There may be times when the Products or a part thereof is unavailable, whether for technical reasons, scheduled or unscheduled maintenance, or because we have decided to restrict user access, and we shall have no liability for any such unavailability.
6. Nothing in the Terms shall be construed to obligate us to maintain or support the Products or to supply any corrections, updates, or releases in connection therewith.
7. We may make portions of our websites, Products, Apps, emails, documents, or in-Product screens available in languages other than English using machine translation or third-party translation tools or otherwise. Any such translations are offered solely for your convenience so you can better understand our Products and related materials. However, some translations may not always capture the full meaning or nuance of the original English text. Some elements â such as images, videos, or dynamic content â may remain untranslated or only partially translated. The English-language version is the official and controlling version of our Products and related content. If you have questions or concerns about any translated content, please refer to the English version or contact us at (877) 372-3895 for clarification.
Terms Specific to Apps.
1. If you access any of our Products through an App, such App is available for downloading via websites or software offering applications using either a device running the Android operating system (an "Android Device") or an Apple, Inc.-branded device running iOS (an "Apple Device"). You are responsible for providing at your own cost all devices and Internet access necessary for you to use any App. The availability of the App and your use of the App is also subject to the terms of use and policies of the third-party platform from which you downloaded it (e.g., Apple App Store, Google Play Store). In the event of a conflict between such terms and the Terms, the Terms shall govern to the extent permitted by law.
2. Terms Specific to Use on Android Devices. For the avoidance of doubt, the Terms set forth additional terms and conditions of an end user license agreement between you and the Provider (us), as referenced in the Google Play Terms of Service. Your use of the Google Play Store is subject in all respects to the Google Play Terms of Service.
3. Terms Specific to Use on Apple Devices. If you access or use the App on an Apple Device, the following additional terms shall apply:
  1. The Terms are an agreement between you and ConsumerDirect only, and not with Apple, Inc. ("Apple"), and ConsumerDirect is solely responsible for the App and the content thereof.
  2. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
  3. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. Furthermore, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ConsumerDirect's sole responsibility, as set forth in these terms and conditions.
  4. ConsumerDirect, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  5. If any third party claims that the App or your possession and use of the App infringes that third party's intellectual property rights, ConsumerDirect, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  6. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  7. Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms, and, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary hereof.
  8. Your license to and use of the App are subject in all respects to Apple's Usage Rules set forth in the Apple Media Services Terms and Conditions, and your use of the Apple App Store is subject in all respects to the Apple Media Services Terms and Conditions. For the avoidance of doubt, the Terms constitute a Custom EULA under the foregoing terms.
  9. You acknowledge that the App and your information contained therein may be accessed and used by other accounts associated with your Apple account via Apple's Family Sharing functionality.
Third-Party Materials. The Products may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. We do not endorse or make any warranty with respect to the content or accuracy of any Third-Party Materials or of the business practices of any third parties. You should carefully review the privacy statements and other conditions of use on any Third-Party Materials that you visit.
Mobile Message Service Terms and Conditions.
1. By providing us with your phone number, you consent and agree to receive recurring automated transactional, promotional, and personalized marketing text messages (e.g., SMS and MMS) from us. This includes text messages that may be sent using an automatic telephone dialing system to the mobile telephone number you provide when you enrolled, or any other number that you designate. Message and data rates may apply. Messages you receive may display our name or a recognized abbreviation of our name as the sender. We may use dedicated or shared short codes.
2. Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time. We also reserve the right to change the shortcode or phone number from which messages are sent.
3. Not all mobile devices may be supported, and our messages may not be deliverable in all areas. Neither we, our service providers, nor the mobile carriers are liable for any delayed or undelivered messages.
4. Text the keyword STOP to our shortcode or phone number to cancel. After texting STOP, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that neither we nor our service providers will have any liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs.
5. If you are experiencing any problems, text the keyword HELP for help or call customer service at (877) 372-3895.
6. To resubscribe to SMS and MMS messages, text JOIN to our shortcode or phone number.
7. Please refer to our Privacy Policy for more information about our collection and use of your personal information.
Disclaimer of Warranties.
1. THE PRODUCTS ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CONSUMERDIRECT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, CONSUMERDIRECT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, DEVICES, OPERATING SYSTEMS, NETWORKS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ACCURATE OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO YOU VIA THE PRODUCTS, INCLUDING (WITHOUT LIMITATION) ANY CREDIT DATA, CREDIT SCORING, CREDIT SCORING & SAVING CALCULATOR, THE INFORMATION IN OUR CREDIT SEARCH ENGINE OR ANY ACTIONS OR ALERTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESPONSE THAT YOU WILL RECEIVE, IF ANY, FROM CREDITORS OR OTHERS TO THE ACTIONS YOU TAKE. ADDITIONALLY, WE ARE NOT RESPONSIBLE FOR DETERMINING IF THE ACTIONS YOU REQUEST ARE APPROPRIATE OR REASONABLE. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ALL ACTIONS TAKEN BY YOU IN CONNECTION WITH USE OF THE PRODUCTS. YOU UNDERSTAND THAT OUR PRODUCTS ARE NOT ENGAGED IN RENDERING LEGAL, CREDIT COUNSELING, OR OTHER PROFESSIONAL SERVICES. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, YOU SHOULD SEEK THE SERVICES OF AN APPROPRIATE PROFESSIONAL
2. YOU SPECIFICALLY AGREE THAT NEITHER WE, OUR SERVICE PROVIDERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, UPDATES, OR CREDIT SCORES. NEITHER WE, OUR SERVICE PROVIDERS, NOR ANY OF OUR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE PRODUCTS. WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY OUR NEGLIGENCE IN PREPARING OR PROCESSING YOUR ACTIONS OR OTHERWISE PROVIDING ANY PRODUCTS HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY LOSS, DAMAGE OR INJURY CAUSED BY (I) TRANSMISSION OF INCORRECT OR INCOMPLETE DATA; (II) ERRORS IN INFORMATION IN THE SMARTCREDIT REPORT, CREDITOR SEARCH ENGINE, OR OTHER INFORMATION PROVIDED VIA THE PRODUCTS; (III) THE ACTIONS OF ANY THIRD PARTIES, INCLUDING (WITHOUT LIMITATION) THE LOSS OR REJECTION OF YOUR ACTIONS, (IV) A CHANGE IN YOUR CREDIT SCORE, CREDIT CAPACITY OR CREDITWORTHINESS BASED ON ACTIONS TAKEN, (V) REJECTIONS OF ACTIONS DUE TO ANY THIRD PARTY'S REFUSAL TO ACCEPT A DOCUMENT EXECUTED PURSUANT TO A POWER OF ATTORNEY; (VI) ACTIONS OF THIRD PARTY SERVICE PROVIDERS USED TO PREPARE, TRANSMIT AND/OR PROCESS ACTIONS OR DOCUMENTS FOR US; OR (VII) ANY INAPPROPRIATE ACTIONS REQUESTED BY YOU.
3. NEITHER WE, OUR SERVICE PROVIDERS, NOR ANY OF OUR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE.
4. WE ARE NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE PRODUCTS, THE INFORMATION PROVIDED VIA THE PRODUCTS, OR THE ACTIONS TAKEN BY YOU. THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES. YOU AGREE TO ASSUME THE RISK FOR: (I) ALL LIABILITIES DISCLAIMED BY US CONTAINED HEREIN; AND (II) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE LIMITED REMEDY PROVIDED UNDER THIS AGREEMENT. THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY PROVIDED HEREUNDER IS TO ALLOCATE THE RISKS AS PROVIDED ABOVE.
5. YOU HEREBY AGREE THAT NONE OF CONSUMERDIRECT OR ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES SHALL BE RESPONSIBLE FOR ANY AND ALL LIABILITY, LOSS AND COSTS INCURRED BY YOU IN CONNECTION WITH ANY ACCESS TO YOUR INFORMATION RESULTING FROM THE USE OF YOUR USER ID AND PASSWORD OR YOUR FAILURE TO ADEQUATELY PROTECT YOUR IDENTITY OR USER ID AND PASSWORD.
6. CONSUMERDIRECT IS NOT RESPONSIBLE FOR ANY OVERDRAFT/OVER-THE-LIMIT CHARGES OR BANK FEES TRIGGERED BY OUR PRODUCTS FEES BEING PROCESSED OR BILLED.
7. ANY TRANSLATIONS OF OUR PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, OUR WEBSITES, APPS, EMAILS, DOCUMENTS, IN-PRODUCT SCREENS, OR ANY RELATED MATERIALS) IN ANY LANGUAGE OTHER THAN ENGLISH ARE PROVIDED "AS IS" FOR YOUR CONVENIENCE. SUCH TRANSLATIONS MAY CONTAIN ERRORS OR OMISSIONS, AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY TRANSLATION, WHETHER PRODUCED BY US, BY MACHINE TRANSLATION, OR BY ANY THIRD-PARTY TRANSLATION TOOL. IN THE EVENT OF ANY DISCREPANCY OR CONFLICT BETWEEN A TRANSLATED VERSION AND THE ORIGINAL ENGLISH VERSION, THE ENGLISH VERSION SHALL GOVERN FOR ALL PURPOSES, INCLUDING INTERPRETATION, COMPLIANCE, AND ENFORCEMENT.
8. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONSUMERDIRECT OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS OR BUSINESS PARTNERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE ANY PRODUCTS FOR:
1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
2. DIRECT DAMAGES IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS, INCLUDING ANY MEMBERSHIP FEES AND IN-PRODUCT PURCHASES, DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
3. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CONSUMERDIRECT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ANY CLAIMS BASED ON THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS, SERVICE PROVIDERS, DATA SOURCES, OR BUSINESS PARTNERS.
4. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend, and hold harmless ConsumerDirect and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to: (a) your breach of the Terms; (b) your use or misuse of the Products; (c) your violation of applicable law or the rights of any third party; or (d) any information, data, or content submitted by you or on your behalf through the Products. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any indemnifiable matter, at your sole cost and expense, and you agree to cooperate with our defense of such claims at your sole cost and expense. This indemnity applies to any third-party claim, demand, or suit, including those made by other users, service providers, licensors, or regulators.
Governing Law. All matters relating to the Products, the Terms, or you relationship with us, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) and the Federal Arbitration Act.
ARBITRATION.
1. MOST CONSUMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CONSUMER'S SATISFACTION BY CALLING CUSTOMER SERVICE AT (877) 372-3895. If we are unable to resolve your complaint informally, you and ConsumerDirect hereby agree that any dispute arising out of or related to these Terms of Use, our Privacy Policy, and applicable Service Agreement, any of our websites, Products, or Apps, or the relationship between you and us (all of the foregoing, collectively, "Arbitrable Matters"), will be exclusively resolved through final and binding arbitration or small claims court instead of in courts of general jurisdiction, to the fullest extent permitted by law. DO NOT ENROLL IN OR OTHERWISE USE ANY OF OUR PRODUCTS IN ANY WAY IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT SET FORTH IN THIS SECTION 17 (the "Arbitration Agreement"). For purposes of this Arbitration Agreement, references to ConsumerDirect shall include, as applicable, ConsumerDirect and our affiliates, subsidiaries, service providers, and Business Partners, and our and their respective agents, employees, predecessors in interest, successors, and assigns.
2. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU AGREE THAT, BY ENTERING INTO THE TERMS OF USE AND AGREEING TO THIS ARBITRATION AGREEMENT, YOU AND CONSUMERDIRECT ARE EACH FOREVER WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
3. YOU AGREE AND UNDERSTAND THAT ANY DISPUTE OR CLAIM YOU MAY HAVE AGAINST US MUST BE RESOLVED EITHER THROUGH BINDING ARBITRATION OR, WHERE PERMITTED, IN SMALL CLAIMS COURT AS PROVIDED IN SECTION 17.4. YOU FURTHER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM FOR ALL DISPUTES AND CLAIMS BETWEEN US THAT ARE NOT ELIGIBLE FOR RESOLUTION IN SMALL CLAIMS COURT. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. IT INCLUDES, BUT IS NOT LIMITED TO:
  1. claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  2. claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
  3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class;
  4. claims that may arise after the termination of the Terms of Use; and
  5. disputes over the interpretation, applicability, enforceability, or formation of the Terms of Use, including this Arbitration Agreement, and any applicable Service Agreement.
4. Notwithstanding anything to the contrary in this Arbitration Agreement, either party may bring an individual action in small claims court, to the extent such claim is brought in a California small claims court of competent jurisdiction.
5. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf.
6. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator administered by the American Arbitration Association ("AAA") in accordance with their rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes.
7. A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above.
8. You understand and agree that before you take a dispute to arbitration under this Arbitration Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Information about the arbitration process and the AAA's arbitration rules and its fees are available from the AAA at http://www.adr.org.
9. The cost of any arbitration proceeding shall be split between you and us. However, at your request, we will promptly reimburse you for your portion of the payment of your arbitration filing fee. The filing fee currently is $225 for consumer claims initiated by an individual but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request.
10. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures (additional charges may apply for these procedures).
11. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim.
12. Notwithstanding any provision in the Terms of Use or this Arbitration Agreement to the contrary, the prevailing party in any arbitration or litigation involving any dispute arising out of or related to any Arbitrable Matter, as determined by the arbitrator or by a court of competent jurisdiction, shall be entitled to recover his, her, or its reasonable attorneys' fees and costs and expenses incurred in connection with such arbitration or litigation.
13. ANY ARBITRATION UNDER THIS ARBITRATION AGREEMENT WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You agree that the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or any part of this Section 17.13 is invalid, unenforceable, unconscionable, or void may be determined only by a court and not by the arbitrator. Notwithstanding any provision in this Arbitration Agreement to the contrary, if any part of this Section 17.13 is deemed invalid, unenforceable, unconscionable, or void, then the entirety of this Arbitration Agreement shall be null and void and neither party shall be entitled to arbitration hereunder.
14. The parties to this Arbitration Agreement acknowledge that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law.
15. Any disputes or claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act ("FCRA") and/or the FCRA's state law equivalent(s), are not subject to or governed by this Arbitration Agreement.
16. Notwithstanding any provision in the Terms of Use or this Arbitration Agreement to the contrary, the prevailing party in any arbitration or litigation involving any dispute arising out of or related to any Arbitrable Matter, as determined by the arbitrator or by a court of competent jurisdiction, shall be entitled to recover his, her, or its reasonable attorneys' fees and costs and expenses incurred in connection with such arbitration or litigation.
17. This Arbitration Agreement shall survive any termination of the Terms of Use.
18. Notwithstanding anything to the contrary in this Arbitration Agreement, if AAA is unavailable or declines to administer an arbitration regarding any Arbitrable Matter consistent with its Consumer Arbitration Rules, the parties will select another nationally recognized arbitration provider that will administer the arbitration of the Arbitrable Matter under comparable consumer rules. If the parties cannot agree, either party may petition a court of competent jurisdiction to appoint an arbitrator under 9 U.S.C. § 5 to conduct the arbitration.
Limitation of Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PRODUCTS OR THE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF NOT, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THIS LIMITATION DOES NOT APPLY TO ANY CLAIM WITH A LEGALLY MANDATED LONGER STATUTE OF LIMITATIONS THAT CANNOT BE SHORTENED BY CONTRACT.
Miscellaneous.
1. Waiver. No waiver by us of any term of the Terms shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of ours to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
2. Severability. If any provision of the Terms is held by an arbitrator or by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
3. Entire Agreement. The Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Products.
4. Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
5. Relationship of the Parties. Nothing in the Terms is intended to or shall be construed as creating any agency, partnership, joint venture, employment, or any other form of legal association between you and us.
6. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder must be in writing and addressed to us at [email protected] or to you at your primary email address with which your User Account is associated.
Your Comments and Concerns. All feedback, comments, requests for technical support, and other communications relating to the Products should be directed here.