This Credit Management Group Internet Web Site Terms and
Conditions of Use Agreement (the "Terms of
Use") is between the party clicking "accept" below
and/or using The Site ("you") and Credit Management Group
("we" or "us"), with a principal
place of business at 250 Ocoee Street, Cleveland,
TN 37311. You should carefully read the Terms of
Use before using The Site. By
using The Site you agree to be bound by the terms
and conditions of use set forth in the Terms of
Use. This is a legally binding agreement. If you
do not agree with the Terms of Use you should not
use The Site and must leave The Site.
1. We agree to provide you access to The Site
in accordance with the Terms of Use.
2. You agree to use The Site in a manner consistent
with the Terms of Use and all applicable rules
and regulations. You acknowledge that you have
read the Terms of Use and that you accept the terms
thereof. You agree to read these terms of use carefully
before using The Site. If you do not agree to the
Terms of Use, you may not access or otherwise use
The Site.
3. You accept that The Site is provided on an "as
is, as available" basis.
4. The materials included in The Site are for
general information purposes only and do not constitute
legal advice. They are not intended to be a substitute
for obtaining legal advice from our legal counsel.
ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE
SITE ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE
FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE
CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL
ADVICE OR A SUBSTITUTE THEREFOR. Credit Management Group
does not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information
displayed or distributed through The Site. You
acknowledge that any reliance upon any such materials,
opinion, advice, statement, memorandum, or information
shall be at your sole risk. Credit Management Group reserves
the right, in its sole discretion, to correct any
errors or omissions in any portion of The Site.
5. YOUR ACCESS TO AND USE OF THE SITE MAY BE TERMINATED
AT ANY TIME FOR ANY REASON OR FOR NO REASON BY
YOU OR BY US BY THE SENDING OF NOTICE TO THE OTHER
PARTY.
6. WE MAY, SUBJECT TO AND IN ACCORDANCE WITH OUR
PRIVACY POLICY FOR MARKETING PURPOSES COLLECT,
PROCESS AND TRANSMIT CERTAIN DATA OBTAINED FROM
AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING THE
SITE. BY AGREEING TO THESE TERMS YOU AGREE TO SUCH
DATA BEING SO USED AND FURTHER AGREE THAT IT MAY
BE TRANSMITTED TO OTHERS WHETHER OR NOT WITHIN
THE UNITED STATES IN ACCORDANCE WITH OUR PRIVACY
POLICY AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION
LEGISLATION. Information on how and what type of
data (if any) is held about you can be obtained
by clicking here to review our privacy policy or
by contacting us.
7. The Site is protected by copyright as a collective
work and/or compilation, pursuant to U.S. copyright
laws, international conventions, and other copyright
laws. You are authorized to download one copy of
the material displayed or performed on The Site
("Content") on one computer for your
personal, non-commercial use only but you may not
in so doing remove or amend any trademark, copyright
or other proprietary notice. All materials contained
on The Site are protected by copyright, and are
owned or controlled by Credit Management Group or the party
credited as the provider of the Content. You will
abide by any and all additional copyright notices,
information, or restrictions contained in any Content
on The Site. Permission is given to view the material
on these web pages and save that material only
for your personal reference. Copying or storing
of any Content for other than personal, noncommercial
use is expressly prohibited without the prior written
permission from Credit Management Group or the copyright
holder identified in the individual Content's copyright
notice.
8. Subject to the above, you may not modify, copy,
distribute, republish or upload any of the material
on The Site in any way unless you obtain the prior
written consent of Credit Management Group No intellectual
property or other rights shall be transferred to
you through your use of The Site. We are not able
to confirm that the materials contained on these
web pages are correct in every case. Credit Management Group
reserves the right to make changes to The Site,
including the availability of any feature, database,
Content, Web page materials, product information
and prices on The Site at any time without notice
or liability. Credit Management Group may also impose limits
on certain features and services or restrict your
access to parts or all of The Site without notice
or liability.
9. To the extent that any portions of The Site
(such as "chat rooms" or "bulletin
boards") provide users an opportunity to post
and exchange information, ideas or opinions ("Postings"),
BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW
POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB
SITE, and Postings do not necessarily reflect our
views. To the fullest extent permitted by applicable
laws, we exclude all responsibility and liability
for the Postings or for any losses or expenses
resulting from their use and/or appearance on The
Site.
10. You represent, warrant and covenant that:
(a) you shall not upload, post or transmit to or
distribute or otherwise publish through The Site
any materials which (i) restrict or inhibit any
other user from using and enjoying The Site, (ii)
are unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane,
sexually explicit or indecent, (iii) constitute
or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise
violate law, (iv) violate, plagiarize or infringe
the rights of third parties including, without
limitation, copyright, trademark, patent, rights
of privacy or publicity or any other proprietary
right, (v) contain a virus or other harmful component,
(vi) contain any information, software or other
material of a commercial nature, (vii) contain
advertising of any kind, or (viii) constitute or
contain false or misleading indications of origin
or statements of fact; and (b) that you are at
least eighteen (18) years old.
11. We reserve the right to monitor all Postings
or other materials posted on The Site and to remove
any which we consider in our absolute discretion
to be offensive or otherwise in breach of these
Terms of Use. We do not and cannot review all materials
posted to The Site by users, and we are not responsible
for any such materials posted by users. However,
we reserve the right at all times to disclose any
information as necessary to satisfy any law, regulation
or government request, or to edit, refuse to post
or to remove any information or materials, in whole
or in part, that in the sole discretion of Credit Management Group
are objectionable or in violation of these Terms
of Use.
12. You hereby represent and warrant that you
have all necessary rights in and to all Postings
you provide and all material they contain and that
such Postings shall not infringe any proprietary
or other rights of third parties. By posting messages,
uploading files, inputting data or engaging in
any other form of communication (individually or
collectively "Communications") to The
Site, you hereby grant to Credit Management Group, subject
to our privacy policy, a perpetual, worldwide,
irrevocable, unrestricted, non-exclusive, royalty
free license to use, copy, license, sublicense,
adapt, distribute, display, publicly perform, reproduce,
transmit, modify, edit and otherwise exploit such
Communications, in all media now known or hereafter
developed. You hereby waive all rights to any claim
against Credit Management Group for any alleged or actual
infringements of any proprietary rights, rights
of privacy and publicity, moral rights, and rights
of attribution in connection with such Communications.
13. You acknowledge that transmissions to and
from The Site are not confidential and your Communications
may be read or intercepted by others. Any unprotected
e-mail communication over the Internet is subject
to possible interception or loss, is not confidential
and is also subject to possible alteration. We
are not responsible for and will not be liable
to you or any third party for damages in connection
with an e-mail sent by you to us or an e-mail sent
by us to you, or anyone you designate, at your
request. Violators of this section who use our
services for any illegal purpose including but
not limited to repeated unwanted emails or "Spam," may
be prosecuted to the full extent of the law." You
acknowledge that by submitting Communications to
Credit Management Group, no confidential, fiduciary, contractually
implied or other relationship is created between
you and Credit Management Group other than pursuant to these
Terms of Use and any subsequent written agreement
entered into with Credit Management Group.
14. THE SITE, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE
ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS
IS, AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE
BY LAW. Credit Management Group AND ITS SUBSIDIARIES AND
AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES
OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE
OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES
OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY
BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY
LINKED SITE. FURTHER, Credit Management Group AND ITS SUBSIDIARIES
AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Credit Management Group DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT
CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. Credit Management Group
AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE
LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED
THEREIN. FURTHER, IN NO EVENT WILL Credit Management Group
BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE
OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED
IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF
OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS,
DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND
EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS
OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS
OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY,
CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY
KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS THE
SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU
ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH
PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING
AS YOU CONSIDER NECESSARY.
15. You hereby agree to indemnify, defend and
hold Credit Management Group, and all its officers, directors,
owners, agents, employees, information providers,
affiliates, licensors and licensees (collectively,
the "Indemnified Parties") harmless from
and against any and all liability and costs incurred
by the Indemnified Parties in connection with any
claim arising out of any breach by you of these
Terms of Use or the foregoing representations,
warranties and covenants, including, without limitation,
attorneys' fees and costs. You shall cooperate
as fully as reasonably required in the defense
of any claim. Credit Management Group reserves the right,
at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to
indemnification by you and you shall not in any
event settle any matter without the written consent
of Credit Management Group.
16. Where we provide hypertext links from or to
third party sites we do so for convenience and
information purposes only. We do not review, endorse,
approve or control, and are not responsible for
any sites linked from or to the Website, the content
of those sites, the third parties named therein,
or their products, resources or services. Linking
to any other site is at your sole risk and we will
not be responsible or liable for any damages in
connection with linking, and we accept no liability
nor make any endorsement or approval of the same.
17. These Terms of Use contain the entire understanding
between us with respect of The Site and no representation,
statement, inducement oral or written, not contained
herein shall cgi-bind either of us. Credit Management Group
reserves the right, at its sole discretion, to
change, modify, add or remove any portion of these
Terms of Use, in whole or in part, at any time.
Notification of changes in these Terms of Use will
be posted on The Site.
18. Should any part of the Terms of Use be declared
invalid or unenforceable by a court of competent
jurisdiction, this shall not affect the validity
of any remaining portion and such remaining portion
shall remain in full force and effect as if the
invalid portion of the Terms of Use had been eliminated.
19. The Site, any information provided from it
and the Terms of Use are given and made in the
state of Florida, United States of America. THIS
TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS
PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR
ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED
TO THIS TERMS OF USE AGREEMENT SHALL BE AN APPROPRIATE
STATE OR FEDERAL COURT LOCATED IN
THE STATE OF TENNESSEE.
20. Pursuant to Federal law we are providing the
following separate written statement for your review
and to acknowledge receipt thereof, which, pursuant
to the requirements of Federal law, will also be
delivered with any contract for credit report repair
services entered into with Credit Management Group:
Disclosure Statement Required Pursuant to Federal
Law
Consumer Credit File Rights Under State And Federal
Law
You have a right to dispute inaccurate information
in your credit report by contacting the credit
bureau directly. However, neither you nor any "credit
repair" company or credit repair organization
has the right to have accurate, current, and verifiable
information removed from your credit report. The
credit bureau must remove accurate, negative information
from your report only if it is over 7 years old.
Bankruptcy information can be reported for 10 years.
You have a right to obtain a copy of your credit
report from a credit bureau. You may be charged
a reasonable fee. There is no fee, however, if
you have been turned down for credit, employment,
insurance, or a rental dwelling because of information
in your credit report within the preceding 60 days.
The credit bureau must provide someone to help
you interpret the information in your credit file.
You are entitled to receive a free copy of your
credit report if you are unemployed and intend
to apply for employment in the next 60 days, if
you are a recipient of public welfare assistance,
or if you have reason to believe that there is
inaccurate information in your credit report due
to fraud.
You have a right to sue a credit repair organization
that violates the Credit Repair Organization Act.
This law prohibits deceptive practices by credit
repair organizations.
You have the right to cancel your contract with
any credit repair organization for any reason within
3 business days from the date you signed it.
Credit bureaus are required to follow reasonable
procedures to ensure that the information they
report is accurate. However, mistakes may occur.
You may, on your own, notify a credit bureau in
writing that you dispute the accuracy of information
in your credit file. The credit bureau must then
reinvestigate and modify or remove inaccurate or
incomplete information. The credit bureau may not
charge any fee for this service. Any pertinent
information and copies of all documents you have
concerning an error should be given to the credit
bureau.
If the credit bureau's reinvestigation does not
resolve the dispute to your satisfaction, you may
send a brief statement to the credit bureau, to
be kept in your file, explaining why you think
the record is inaccurate. The credit bureau must
include a summary of your statement about disputed
information with any report it issues about you.
The Federal Trade Commission regulates credit
bureaus and credit repair organizations. For more
information contact:
The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580
WPB_DS-25834-1
