Welcome to Credible.com, the website and online service (“Site”) of Credible Labs Inc. and its subsidiary Credible Operations, Inc. (“Credible,” “Company”, “we,” “our” or “us”). These Terms of Service explain the terms by which you may use our online services, website, mobile applications, and software provided on or in connection with the service and also govern any and all communications with us via phone, email, text or otherwise (collectively the “Service”). By accessing or using the Service through any direct or indirect means, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement” or “Terms of Service”) and to the collection and use of your information as set forth in the Credible Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).

Please read this Agreement carefully. If you do not agree to them you must not use the Site or Service. By using this website, you are entering into a legal agreement to abide by the Terms of Service you see here, and you are agreeing that you have read and fully understand these Terms of Service. The following terms shall have the meanings listed below:

• Site: this website, excluding www.credible.com/insurance, which is subject to the Terms of Service displayed here.
   
• Credible, Company, we, our, us: Credible Labs Inc. and its subsidiary Credible Operations, Inc.
   
• You or your means the person(s) using the Site and/or the Services, and any person(s) on whose behalf such person(s) are acting as an agent with respect to the Site and/or Services
   
• Service: our online services, website, mobile applications, and software provided on or in connection with the service, and any and all communications with us via phone, email, text or otherwise, whether directed to You or any Provider or other third party on your behalf
   
• Agreement or Terms of Service: this document, together with Credible’s Privacy Policy
   
• Users: all visitors, users, and others who access or use the Service
   
• Providers: any and all third parties with which Credible provides opportunities for you to interact via the Service, such as companies offering financial services in their own name or on behalf of a third party, including banks, credit card issuers, lenders, loan brokers, credit repair companies, real estate companies, and insurance producers or agents.
   
• Account Information: any information relating to financial accounts you maintain that Credible collects from you or a third party in order to provide the Service to you
   
• Third-Party Accounts: financial or other accounts you maintain with companies other than Credible
   
• Login Details: usernames and passwords, or other methods of accessing you Credible account or other third party accounts

THIS AGREEMENT CONTAINS:

• A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SECTION 9);
   
• A CONSENT TO RECEIVE ALL LEGALLY REQUIRED COMMUNICATIONS AND DISCLOSURES FROM US ELECTRONICALLY (SECTION 4); AND
   
• A CONSENT TO RECEIVE AUTOMATED TELEPHONE CALLS AND SMS MESSAGES AND RECORDING OF CALLS (SECTION 3)

THE INSERTS TITLED “WHAT DOES THIS MEAN” ARE NOT PART OF THE CONTRACT, THEY ARE NOTES TO BETTER HELP YOU UNDERSTAND SOME OF THE LEGAL TERMS IN THE CONTRACT.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: BY USING THE SERVICES AND/OR THIS SITE AND/OR ACCEPTING THIS AGREEMENT, YOU AND WE ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN US THROUGH A DISPUTE RESOLUTION PROCEDURE DESCRIBED IN THE ARBITRATION SECTION 9 BELOW. YOU AND CREDIBLE WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW CAREFULLY THE ARBITRATION SECTION 9 BELOW TITLED “INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” BELOW FOR DETAILS REGARDING THIS DISPUTE RESOLUTION PROCEDURE (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

Credible is a marketplace that enables Users to compare various financial products from financial institutions such as credit card issuers, banks and lenders (“Provider(s)”). We are not a financial institution (i.e., we are not a bank, a lender, or credit card issuer).

1.1 Eligibility

You may use the Service only if you are a natural person (i.e., not a business or other corporate entity) and can form a binding contract with Credible. Any use or access to the Service by anyone under the age of majority in the state in which they reside is strictly prohibited and in violation of this Agreement. Persons under the age of majority who are 16 years of age or older seeking a student loan should talk to a parent or guardian who may be able to create an account and act as a cosigner.

1.2 Modifications to this Agreement

We may make changes to these Terms of Service from time to time. If we make changes, we will post the changed Terms of Service on the Site and will indicate at the top of this page the date the Terms of Service was last revised. The revised version will be effective at the time we post it. If the revised version includes a substantial change, we will provide you with 30 days’ prior notice by posting notice of the change on the Site. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.

1.3 Your Consent to Collect and Transmit Your Requests and Information

Your use of the Service and the features may require the collection and transmission of your personal information in order to provide you with the functionality of the Service. You authorize Credible to transmit your information to Providers in order to provide you with features such as personalized prequalified rates, quotes and offers from Providers. You understand and agree that in some cases the submission is in the form of an application of credit for a Provider’s products or services.

1.4 Your Accounts and Account Information from Third-parties Integrated with our Service
In order to provide a more efficient Service, Credible has partnered with third-party service providers to access information related to loans that you may currently have with financial institutions or providers (“Account Information” related to “Third-Party Accounts”). By entering your login details such as usernames and passwords “Login Details” for your Third-Party Accounts, our third-party service providers can access your Account Information and then provide it to Credible so that certain fields on certain forms within the Service can be populated without you having to manually enter that information (“Auto-Population”). By entering your Login Details, you consent to third party service providers accessing your Third-Party Accounts and Auto-Populating your information within the Service so that Credible can share the relevant information (i.e., loan details) with Providers. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of your Account Information as accessed by third party providers as part of the Service. You acknowledge and agree that we have no control over the provision of third party service provider’s services in relation to Auto-Population, and have no liability whatsoever for any actions or inactions on the part of those third-party service providers resulting in your inability to use the Service to access your accounts, obtain data, download information or otherwise access the Service.

1.5 Credit Inquiries (“Pulling Your Credit”)

Your consent to a soft credit inquiry: When you create and maintain an Account or use the Service to request prequalified rates, you provide written instructions in accordance with the Fair Credit Reporting Act and other applicable law, for Credible, Providers, and our respective agents to request, receive, and retain a copy of your consumer credit report and score from consumer credit reporting agencies (i.e., Experian, TransUnion and/or Equifax), on a recurring basis for so long as you maintain an Account. You can opt out of ongoing credit inquiries or deactivate your Account by contacting customer service and requesting to opt out of ongoing credit inquiries or to terminate your account, after which we will cease performing credit inquiries. Customer service may be reached by calling 866-716-7881 or emailing [email protected]. For more information about your and our rights to deactivate your Credible account, please see the section titled Term and Termination below. This credit inquiry is considered a “soft credit inquiry” and it does not affect your credit score. Soft credit inquiries are shown only on copies of credit reports that are provided to you. Creditors and other users of credit reports cannot see soft inquiries.

How the credit report information is used: This credit report may be used for a variety of reasons which may include, but are not limited to the following: (i) verifying that the information you have provided is true and accurate, including the verification of your identity; (ii) assessing your credit history and credit score for the purpose of identifying products and/or services that you may be interested in or that you may prequalify for today and on an ongoing basis; (iii) matching you with specific Providers, other third parties, and ours or their respective products, services, offers and/or promotions now and on an ongoing basis; (iv) displaying your credit information to you; (v) monitoring for changes, including to report changes to your credit information to you, for targeted advertising to you and other consumers, and for data analysis described below; (vi) identifying products and services you may be interested in to advertise those products and services to you; (vii) building advertising models to advertise products and services to you and other consumers; (viii) setting the price Providers pay Credible for its services; and/or (ix) analyzing trends in how you and other consumers utilize credit products and services whether or not such products and services are offered by Credible; and/or (x) verifying whether you closed a loan with one of the Providers Credible, or any other lender works with, whether as a result of or separately from your use of the Service.

Your consent to a hard credit inquiry when submitting an application for credit: When you submit an application for credit to a Provider, or otherwise as described in your selected Provider’s Terms or credit pull agreement/consent, you provide written instructions in accordance with the Fair Credit Reporting Act and other applicable law, for Providers or their agents to conduct a "hard credit inquiry". Hard credit inquiries impact your credit score. Hard credit inquiries are required by all creditors when you apply for credit, and/or later in the loan underwriting process. You are applying for credit when (1) you submit an application with a credit card issuer for a credit card; (2) after you have received personalized, prequalified rates from a Provider for a mortgage loan, personal loan, student loan or student loan refinancing, you select a loan product and Provider, and submit your request with the Provider; and (3) other times when you choose to move forward with one or more Providers whether or not you were not presented with prequalified rates from the Provider(s).

1.6 Prequalified Rates
For personal loans, student loans, student loan refinancing, and home loans (mortgages), Credible may provide a platform that enables you to request personalized, prequalified rates from certain Providers. The following disclaimers relate to the prequalification process:

• Prequalified rates are potential options, not offers of credit: Credible’s prequalification process is intended to provide Users with preliminary information regarding potential options for a loan with one of our lender partners (also referred to as a “Provider”). Credible is not a lender and does not make credit decisions or employ its own credit criteria. A prequalification inquiry is not an application for credit. All credit decisions, including loan approval, if any, are determined by Providers, in their sole discretion. Credible makes no representations, warranties or guarantees about your eligibility for credit or for a particular loan.
• No guarantees: Credible and Providers do not have prequalified rate information for all circumstances and may be unable to provide a prequalified rate in response to every inquiry. Additionally, receiving a prequalified rate does not guarantee that your chosen Provider will extend you an offer of credit. There are some Providers on the Credible platform who do not participate in providing prequalified rates to Users; in these circumstances, you may be presented with the option to apply with these Providers directly.
• Displayed prequalified rates are indicative rates and are subject to change and/or withdrawal at any time: Rate information provided in response to a prequalification inquiry is not an offer of credit. The prequalified rates displayed are indicative rates and should be used for informational purposes only. Providers reserve the right to change or withdraw the prequalified rates at any time. Any rate(s) provided in response to a prequalification inquiry is/are based on the questions you answered and a soft credit inquiry (authorized by you) which are then applied to specific Provider standards. Such standards are determined at the sole discretion of the Provider(s) and may vary from one Provider to another. With respect to home loans, rates change on a frequent basis (i.e., sometimes more than once per day); The rate is not final until an application is submitted, you are approved for loan (if eligible) and the rate is locked, upon your request/approval.
• Post-prequalification process for obtaining an offer of credit from a Provider: Once you choose an option on your Credible Dashboard, if you are provided options, you will be prompted to complete your application with the Provider (including reading and consenting to their terms of use, their privacy policies, their relevant disclosures, the credit pull authorization and any other applicable documents). Additionally, when applying for a home loan, additional documents and verifications will be required. In all circumstances, a hard credit inquiry will then be conducted to further assess your creditworthiness according to the Provider’s criteria (as determined in their sole discretion). Then, actual loan terms, if any, that are available to you will be provided by the Provider on your Credible Dashboard. Providers may decide not to extend you credit if they determine that you do not meet the criteria used to select you for the prequalified rate or any other applicable criteria bearing on your creditworthiness or other non-credit based criteria. Providers reserve the right to approve or decline individual credit applications in their sole discretion;
• Rates are subject to change based on a number of factors which may include, but are not limited to: (i) changes in your personal credit circumstances; (ii) additional information you provide (or are unable to provide) to the Provider during the application process; and/or (iii) changes in APRs (e.g., there may be an increase in the rate index between the time you go through the prequalification process and the time you submit your application for the loan and/or your loan closes (or when you lock your rate with respect to a home loan). Or, if the loan option is a variable rate loan, then the interest rate index used to set the APR is subject to increases or decreases at any time).
• Errors in information displayed or provided to you: Neither Credible nor Providers assume responsibility for typographical or other errors or omissions in the information provided to you.
• Application for credit: You acknowledge that when your information is provided to Credible and/or submitted to Providers, your information may be submitted in the form of a Provider’s application for credit, the relevant disclosures and terms of which you will be provided with, have an opportunity to review, and must accept in order to proceed.

1.7 Federal Aid
With respect to student loans and student loan refinancing, keep in mind that Federal loans come with many benefits and protections such as deferment, forbearance and loan forgiveness programs which will be lost when refinancing into a private loan option or obtaining private student loans. While some private lenders offer some of these same benefits as Federal Aid, not all do. Therefore, it is your responsibility to review the Provider’s disclosures carefully before taking out a private loan. For more information on Federal student loans visit studentaid.gov.

1.8 No Recommendations or Professional Advice

Nothing provided on the Site or through the Service should be construed or interpreted as professional advice or recommendations (i.e., we are not providing any financial, tax, or legal recommendations or advice or other professional advice). We are not liable to you for any advice provided to you by Providers or other third parties you may link to from our Site. We encourage you to consult a financial service provider, tax or legal professional to help you make any decisions associated with the use of the Service or the products and services provided by Providers.

1.9 Credible Accounts

When using our Service you may be required to establish an account (“Account”). You agree to the following requirements pertaining to the Account:

YOUR INFORMATION MUST BE ACCURATE AND CURRENT: You agree to provide true, accurate and complete information as prompted by the Service and all forms you access through the Service. You agree to update the information you provide through the Service in the event the information you provided changes in order to maintain its truthfulness, accuracy and completeness. Credible makes no warranties or guarantees about the information you provide to us that gets passed on to Providers; such information is your responsibility. In the event your information is not true, accurate or complete, it may impact what products, services, or content (e.g., rates, quotes, offers) are presented to you through the Service.

ONLY ONE ACCOUNT: You may not register for more than one Account without express written permission from Credible.

ACCOUNT SECURITY: You must keep your Account password secure. We encourage and may require you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify Credible immediately of any breach of security or unauthorized use of your Account. Credible will not be liable for any losses caused by any unauthorized use of your Account.

VERIFICATION OF IDENTITY (Patriot Act Information Disclosure): To help the government fight identity theft, the funding of terrorism and money laundering activities, Credible and Providers may obtain, verify and record information that identifies each person who opens an account with us or them. You may be required to provide your Social Security Number, address, telephone number, date of birth and other important information that will allow Credible, Providers and their respective agents to properly identify you. Credible, Providers and ours and their respective agents may also ask to see your driver’s license or other identifying documentation to further assist in verifying your identity.

We may, without prior notice, change the Service; stop providing the Service or features to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination that you violated any provision of this Agreement, or for no reason.
While we may terminate your use of the Service at any time, for any reason, the following are specific activities that are prohibited when using the Service:

ADVERTISING AND COMMERCIAL SOLICITATION: You will not advertise or solicit any User to buy or sell any products or services except as expressly permitted by the Services and this Agreement. Further, you will not use any information obtained from the Service in order to advertise to, solicit, or sell any products or services to any User without their prior explicit consent.

NO HARASSMENT: You will not harass, annoy, intimidate or threaten any User(s) or Credible employees or agents engaged in providing any portion of the Service to you.

NO IMPERSONATION: You will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.

TECHNOLOGICAL USE: You will not engage in:
 

• copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
• using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Credible servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
• transmitting spam, chain letters, or other unsolicited email;
• attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
• taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• uploading invalid data, viruses, worms, or other software agents through the Service;
• collecting or harvesting any personally identifiable information, including account names, from the Service;
• interfering with the proper working of the Service;
• accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
• use data provided by us for any competing uses or purposes;
• frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages; or
• bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

3.1 Consent to receive telephone calls, SMS messages and other messages
You acknowledge that by voluntarily providing your telephone number(s) to Credible, you authorize us and our Providers (which includes, for the purposes of this Section 3 and of Section 4, our and our Providers agents and representatives) to call and/or send text messages, even if your telephone number is registered on any state or federal Do Not Call list, in order to provide you with information regarding your Account, application, loan, closing, any product or services inquires, any transaction with us and with our Providers. You expressly authorize us and our Providers to make such contacts using any telephone numbers you have supplied or will supply to us or our Providers in connection with your Account. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you and you agree that we will have no liability in connection with third parties accessing your telephone.

You acknowledge that alerts sent via SMS may not be delivered if your carrier does not support short code communications, if your mobile phone is not in range of a transmission site, or if network capacity is not available or insufficient at a particular time. Additionally, you acknowledge that factors beyond the control of your wireless carrier may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. You understand that your wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

3.2 Opt-out or Unsubscribe
At any time, you may withdraw your consent to receive calls or SMS messages from Credible. You may revoke your consent by providing us with written notice; (ii) in that written notice, you must include your full name, mailing address, email address used to contact you, and the specific phone number(s) for which you are revoking consent; and (iii) send this written notice to Credible Operations, Inc., 6945 Northpark Boulevard, Suite L, DPT# 6037, Charlotte, NC 28216-0079.

Alternatively, to stop marketing text messages, simply reply “STOP” to any marketing text message that we send you or you may text “STOP” to 86579 (short code). You acknowledge and agree to accept a final text message confirming your opt-out. Opting out may prevent you from receiving messages regarding your account, loan, application, closing, products, services, updates, or improvements. Please allow up to thirty (30) days to process any opt-out request.

For all questions about the services provided by this short code, you can send an email to [email protected] or call at 866-716-7881. If you have any questions regarding privacy, please read our privacy policy at https://www.credible.com/privacy.

To stop receiving calls, SMS messages and/or telemarketing calls from our Providers, you must follow their procedures on their respective websites.

3.3 Sharing your phone number with Providers
You understand and agree that we may share your telephone number with Providers and/or their respective agents who may require further information prior to providing a response to your submission of information through the Service or to contact you regarding a product or service.

3.4 The phone numbers you provide
You represent and warrant that you are the owner and/or primary user of any phone number you provide to us. Should any of your telephone numbers change, you agree to notify us before the change goes into effect by email and/or updating your account profile. You agree to indemnify, defend and hold us and our Providers harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.

3.5 Charges from your telephone provider
You understand that your cellular or mobile telephone provider may charge you fees for calls that we or our Providers make or texts that we or our Providers send to you according to the type of plan you carry, and you agree that we will have no responsibility or liability whatsoever for such fees.

3.6 Call Recording and Monitoring
Calls to and from Credible and its Providers (or third parties acting on behalf of Credible or its Providers) may be recorded or monitored for quality assurance, customer service, training and/or risk management purposes. You agree to such monitoring and recording.

Electronic Communications Delivery Policy (E-SIGN Policy)

4.1 Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we or our Providers provide in connection with your use of the Service. Communications include, but are not limited to:

• Agreements and Policies (e.g., the Credible Terms of Service and Privacy Policy), including updates to these agreements or policies;
• Federal and State tax statements we or our Providers are required to make available to you, if applicable; and
• Loan Product or other Product-related Disclosures such as Application Disclosures.
   

We will provide these Communications to you by posting them on the Credible.com website and/or by emailing them to you at the email address listed in your Credible profile.

4.2 Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:

• a computer with an Internet connection;
• a current web browser that includes 128-bit encryption (e.g. Internet Explorer 11 or newer, Safari 9.0.3 or newer, Firefox v. 56 or newer, Chrome V. 60 or newer) with cookies enabled;
• Adobe Acrobat Reader 11 or newer to open documents in .pdf format;
• a valid email address (your primary email address on file with Credible); and
• sufficient storage space to save past Communications or an installed printer to print them.

By using the Service you are giving your consent to, and you are confirming that you have access to the necessary hardware and software and are able to receive, open, and print or download a copy of any Communications for your records. You further confirm and represent that the email address you have provided is a valid email address at which you are able to receive correspondence, including attached documents, and that this is your correct email address. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

4.3 Additional Mobile Technology Requirements
If you are accessing the Service and the Communications electronically via a mobile device (such as a smartphone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. These applications can be found for most mobile devices in the device's respective 'app store'. If you do not have these capabilities on your mobile device, please access the Service through a device that provides these capabilities.

4.4 How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by writing to us at "Attn: Electronic Communications Delivery Policy, 6945 Northpark Boulevard, Suite L, DPT # 6037, Charlotte, NC 28216-0079, or by email at [email protected]. If you fail to provide your consent or if you withdraw your consent to receive Communications electronically, Credible and its Providers reserve the right, within our or their discretion and at our or their election, to either deny your use of the Service or restrict, close or deactivate your Account, or charge you additional fees for paper copies.
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your physical address in your Credible profile. If you request paper copies, you understand and agree that Credible may charge you a Records Request Fee of up to $5 for each Communication.

4.5 Updating your contact information
It is your responsibility to keep your email address up to date so that Credible can communicate with you electronically. You understand and agree that if Credible sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Credible will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Credible to your email address book so that you will be able to receive the Communications we send to you.

You can update your email address or street address at any time by logging into the Credible website, going to the drop-down menu at the top right hand corner of your screen while on the Credible.com website and selecting “Account Settings”. If your email address becomes invalid such that electronic Communications sent to you by Credible are returned, Credible may deem your Account to be inactive, and you will not be able to transact any activity using your Account until we receive a valid, working email address from you.

4.6 Authorization to Email Sensitive Information; Responsibility for Security of Your Email Account
You expressly authorize Credible to send any information, documents, or records relating to your use of the Service to you at the email address in your Credible account profile. You represent and warrant that you are the owner and/or primary user of any email address you provide to us, and that only you, and your designated representative(s) whom you authorize to view any information, documents, or records Credible sends to you, including your sensitive financial information, have access to your email account. You represent and warrant that you have implemented appropriate security safeguards to protect any sensitive information delivered to your email address included in your Credible account profile, including, but not limited to, use of a strong password, multifactor authentication, and other safeguards you deem reasonable for the protection of your personal information. Should any of your email address(es) change, you agree to notify us before the change goes into effect by updating your account profile, or by email to [email protected] (which may require further verification to make changes to your account). You agree to indemnify, defend and hold us and our Providers harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from delivery of information, documents, or records to your email address, failure to update your contact information (including your email address), your voluntary provision of an email address that is not your own and solely your own and any access to your personal information arising therefrom, and/or your violation of any federal, state, or local law, regulation, or ordinance.

Credible is excited to provide you a transparent marketplace that allows you an opportunity to compare financial products so that you can make the right decisions to meet your specific needs. As part of that transparency, we encourage all users to provide their constructive feedback about their experiences with Credible and Providers. Your experiences, the good, as well as the bad, will provide other users with insightful information so that they can make better financial decisions. But keep in mind that any time you use the Site or Services, you agree to our Terms of Service and our Privacy Policy, including these terms related to content provided by you. Please make sure to always be respectful of others, comply with the law and our terms of service and policies.

Before posting or providing any content, please review these requirements carefully:

5.1 You grant us a license to the content you post
You own and are solely responsible for any content including testimonials, images, text, audio or other materials that you submit (“User Content”). By submitting User Content, you grant Us or our sub-licensee or assignees a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future (“Use”).

You grant Us or our sub-licensee or assignees the right to use your name or image in association with your User Content, if we so choose.

Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against Us, our sub-licensees or assignees.

5.2 Your representations and warranties about the User Content
You represent and warrant that the User Content you provide (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third-party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system.

5.3 You agree that you will not do any of the following:

• You agree that you will not post any private information about yourself or others (e.g., telephone numbers, addresses, email addresses, account numbers, etc.)
• You agree not to post any false, deceptive or misleading information
• You agree not to post any content that encourages “gaming” or “churning” of another party’s products or services
• You agree that you will not post SPAM (i.e., advertising, commercial materials or content, solicitations or promotional materials)
• You agree that you will not post anything disrespectful, illegal or in violation of our Terms of Service and policies (e.g., unlawful, harmful, abusive, racially or ethnically offensive, discriminatory, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable)
• You agree that you will not create a risk of loss or damage to any person or property
   

5.4 Your obligations if you violate (or someone accuses you of violating) their rights with respect to the content you provide.
You will indemnify and hold Credible harmless for any and all claims resulting from your User Content.

5.5 Monitoring, editing or removing your User Content
Credible has the right but not the obligation to monitor, edit or remove the User Content you provide, for any reason, or no reason. Any User Content you provide is non-confidential and Credible will not be liable for its use or disclosure.

5.6 No compensation for your ideas, content, suggestions, submissions etc.
If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to Credible, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that Credible may have something similar to the Ideas under consideration or in development.

5.7 Responses to your User Content
The comments or responses that Credible posts under its official account are not provided, reviewed or endorsed by any Provider unless specifically stated otherwise in the response. Please keep in mind that the Provider has no obligation to monitor any of the comments, questions or reviews posted (yours or ours), and is therefore not responsible to ensure that your posts and/or questions are answered.

5.8 Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Credible Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Credible and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Credible Content. Use of the Credible Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Use of any Credible Content as part of a link to or from any site is prohibited unless establishment of such link is approved in advance by Credible in writing.

You will not use the Services, this Site, or Credible Content available on or through the Services - inclusive of text, photographs, images, audio/video clips, “look and feel,” metadata, or compilations of the Services, this Site, and/or Credible Content for the development of any software program, including, but not limited to, training or otherwise developing a machine learning or artificial intelligence system or algorithm.

5.9 DMCA Notice
Since we respect artist and content owner rights, it is Credible’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Credible’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Site (e.g., a URL);
• Information reasonably sufficient to permit Credible to contact you, such as your address, telephone number, and, email address;
• A statement that you 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 law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice
Credible Labs Inc.
Address: DPT # 6037
6945 Northpark Boulevard, Suite L
Charlotte, NC 28216-0079
Email: [email protected]
 

Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that this procedure is exclusively for notifying Credible and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Credible’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

We care about the privacy and security of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed, as contemplated by our Privacy Policy.

You agree that you will be personally liable for your use of the Service. You agree to defend, indemnify and hold harmless Company and its subsidiaries, officers, directors, agents and employees, Providers (and their officers, directors, agents and employees), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password or other security code. Company reserves the right but not the obligation, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; OR (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. YOU UNDERSTAND AND AGREE THAT NOTHING RELATED TO THE SERVICE CONSTITUTES INVESTMENT, LEGAL AND/OR OTHER PROFESSIONAL ADVICE.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CREDIBLE, ITS PARENT, SUBSIDIARIES, OR PROVIDERS OR THEIR RESPECTIVE AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE OR $100, WHICHEVER IS GREATER. FOR CLARIFICATION, THIS AGREEMENT DOES NOT LIMIT CREDIBLE’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW WOULD PROHIBIT SUCH A LIMITATION.

CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

The following in no way limits the preceding disclaimers of guarantees or warranties and limitation of liabilities, but shall serve as examples of what is disclaimed/limited:

8.1 ASSUMPTION OF RISK:
YOU ASSUME ALL RISK AND ANY AND ALL DAMAGES ASSOCIATED WITH YOUR USE OF THE SERVICE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICE.

8.2 SERVICE AVAILABILITY:
COMPANY DOES NOT GUARANTEE THE CONTINUOUS OPERATION OR ACCESS TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY; (V) THAT THE SITE OR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (VI) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

8.3 NO GUARANTEE OF ACCURACY OR RELIABILITY:
COMPANY DOES NOT GUARANTEE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY ERRORS, MISTAKES OR OTHER INACCURACIES IN THE INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO CONFIRM THE ACCURACY OF THE INFORMATION DISPLAYED ON THE SITE OR PROVIDED THROUGH THE SERVICE DIRECTLY WITH THE PROVIDERS.

8.4 INFORMATIONAL PURPOSES ONLY; NO RECOMMENDATIONS OR ADVICE:
THE CONTENT, INFORMATION AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALL FINANCIAL DECISIONS MADE BY YOU ARE YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A FINANCIAL ADVISER WHO UNDERSTANDS AND KNOWS YOUR SPECIFIC FINANCIAL CIRCUMSTANCES BEFORE MAKING ANY FINANCIAL DECISIONS. NOTHING ON THE SITE SHOULD BE INTERPRETED AS A FINANCIAL RECOMMENDATION FOR YOU.

8.5 NO WARRANTIES REGARDING PROVIDERS OR OTHER THIRD PARTIES:
WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY PROVIDER OR OTHER THIRD-PARTY, INCLUDING THOSE THAT ARE HYPERLINKED TO OR FROM OUR SITE OR SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ASSOCIATED WITH PROVIDERS’ OR OTHER THIRD-PARTIES’ SITES, INFORMATIONAL MATERIALS, PRODUCTS OR SERVICES INCLUDING BUT NOT LIMITED TO OFFERS, PREQUALIFIED RATES, OR QUOTES. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT, CREDIBLE’S PRIVACY POLICY AND OTHER COMPANY TERMS AND POLICIES DO NOT APPLY TO YOUR USE OF PROVIDERS’ OR OTHER THIRD-PARTIES’ WEBSITES. COMPANY IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND A PROVIDER OR OTHER THIRD-PARTY. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ALL TRANSACTIONS RELATED TO THE PRODUCTS OR SERVICES FROM OR WITH ANY PROVIDER OR OTHER THIRD PARTY, INCLUDING BUT NOT LIMITED TO, PAYMENT TERMS, PURCHASE TERMS, RATES, QUOTES, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY ARE AGREED TO SOLELY BETWEEN YOU AND PROVIDER OR OTHER THIRD-PARTY WHETHER OR NOT SUCH TRANSACTION WAS COMMENCED ON OUR SITE OR USING OUR SERVICE AND YOU EXPRESSLY RELIEVE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY PROVIDER OR THIRD-PARTY SITES, PRODUCTS OR SERVICES. COMPANY DOES NOT ENDORSE ANY PARTICULAR PROVIDER OR OTHER THIRD-PARTY.

8.6 WE ASSUME NO LIABILITY FOR THE RELATIONSHIP AND INTERACTIONS BETWEEN YOU AND A PROVIDER OR OTHER THIRD PARTY:
WE DO NOT GUARANTEE THAT ANY PROVIDER WILL APPROVE YOUR REQUEST FOR CREDIT, PROVIDE YOU AN OFFER OF CREDIT OR OTHERWISE PROVIDE YOU THEIR PRODUCT OR SERVICE. IF THE PROVIDER DOES OFFER YOU A PRODUCT OR SERVICE, OR APPROVES YOUR REQUEST, WE DO NOT GUARANTEE THAT THE TERMS, RATES OR OFFER, IF ANY, ARE THE BEST TERMS OR LOWEST TERMS AVAILABLE IN THE MARKET OR FROM THAT PROVIDER. WE ARE NOT A PARTY TO THE DEALING, CONTRACTING, OR FULFILLMENT OF ANY OF PROVIDER’S PRODUCT OR SERVICES. WE ARE UNDER NO OBLIGATION TO VERIFY OR MONITOR, AND DO NOT GUARANTEE, ANY INFORMATION GIVEN TO US BY USERS, OR DISPLAYED TO YOU ON OUR SITE FROM PROVIDERS OR OTHER THIRD PARTIES. ANY CORRESPONDENCE YOU HAVE WITH PROVIDERS, AS WELL AS PROVIDER’S TERMS OF USE, POLICIES, DISCLOSURES, PRODUCTS, SERVICES OR OTHERWISE ARE SOLELY BETWEEN YOU AND THE PROVIDER AND WE ASSUME NO LIABILITY, OBLIGATION OR RESPONSIBILITY WITH RESPECT THERETO. WE DO NOT ACCEPT ANY OFFER ON YOUR BEHALF. ACCEPTING OFFERS IS SOLELY YOUR RESPONSIBILITY.

You and Credible agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Credible that relates in any way to or arises out of this or previous versions of the Agreement, your use of or access to the Service, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

So that Credible can maintain the ability to offer you and other users the Service, you and we agree to the following mechanisms for resolving any Dispute between us:

1. Dispute. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Credible, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and Credible that arise from or in any way relate to or concern any Credible Content, the Site or services provided by Credible including but not limited to the Services (as defined above), this Section 9, any other aspect of this Agreement or any prior versions of this Agreement (including their applicability and their conformance to applicable law), and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Section 9 are that: (i) each of you and Credible retains the right to sue in small claims court; (ii) each of you and Credible may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights; and (iii) each of you and Credible may bring suit in court to determine the enforceability of Sub-Section 9.b. and/or Sub-Section 9.k.
2. Mandatory Informal Dispute Resolution Process. You and Credible agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, if either you or Credible wants to bring or resolve a Dispute, you or Credible must follow the mandatory informal dispute resolution process as a precondition to the ability to file an arbitration demand or lawsuit:
   1. Notice. You or Credible must first send to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Service to which the Notice relates, and the relief requested, including damages, if any, and a detailed calculation for them. Your Notice also must contain your email address and (if different) the email address associated with your Credible account (if you have an account with Credible). Our Notice must also be sent to your email address associated with your Credible account (if you have an account with Credible), and you consent to receive any such Notice as part of these dispute resolution terms. You and we must include in any Notice to each other a personally signed statement (from you or us—not from your or our counsel) verifying the accuracy of the contents of the Notice, and if you are represented by counsel, your signed statement authorizing Credible to disclose your Credible account details to your attorney while seeking to resolve your claim. We each must individualize our Notice, meaning it can concern only our Dispute and no other person’s Dispute. You must send your Notice to Credible by email to [email protected] or by mail to: Arbitration Notice of Dispute, Credible Operations, Inc., 6945 Northpark Boulevard, Suite L, DPT # 6037, Charlotte, NC 28216-0079. In the case of a Dispute initiated by you or us, it is the sender’s responsibility to prove that the sender provided the notice in the manner that is required in this paragraph.
   2. Good Faith Effort to Informally Resolve Dispute. After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and Credible agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference and both parties will personally attend (with counsel, if represented). You and Credible agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If you and Credible do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or Credible may commence a proceeding as noted below.
3. Arbitration Agreement. If you and we do not resolve the Dispute within 60 days of the submission of the Notice in accordance with the Informal Dispute Resolution Procedures, Credible, including its Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute between you and Credible, regarding any aspect of your relationship with Credible, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court, subject to the exceptions noted in Sub-Section 9.g. below. Thus, subject to those exceptions, you and Credible agree to give up the right to sue in court, including that you and Credible agree to waive their right to a jury trial.
4. Controlling Law Regarding Arbitration Process and Agreement to Arbitrate. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the provisions in Section 9 related to the arbitration process. The agreements in Section 9 shall survive termination of the Agreement. Any original action to compel arbitration under Section 4 of the FAA (or analogous state law) must be brought in a state or federal court located in Durham, North Carolina, unless mandated by law to be filed in another state or federal court. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of the parties’ agreement to arbitrate, then that issue shall be determined by the laws of the State of North Carolina. Any arbitration between you and Credible will be administered by the American Arbitration Association (“AAA”) pursuant to their then-applicable rules, including their mass arbitration supplementary rules and mass arbitration fee schedule, as applicable, as modified by Section 9. AAA’s rules and fee schedules can be found at www.adr.org . Except in the event of a Mass Filing as described in Sub-Section 9.k. below, the arbitration shall be conducted by a single, neutral arbitrator. If you and Credible cannot agree on an arbitrator, the arbitrator will be appointed pursuant to the AAA’s rules.
5. Alternative Arbitration Provider. If AAA is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of Section 9, including those described in Sub-Section 9.k., the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Section 9, including, as applicable, Sub-Section 9.k. Section 9 will govern to the extent it conflicts with the arbitration provider’s rules. For arbitrations before the AAA, the AAA’s Consumer Arbitration Rules and Optional Rules For Emergency Measures of Protection shall apply.
6. Filing Fee and Costs. The initiating party must pay all filing fees for the arbitration. Your and Credible’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.
7. Waiver of Fees and Costs. You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, the state court of your residence, or the state court where the arbitration is brought, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Credible will pay the filing fees for you.
8. Enforceability of Certain Provisions of Section 9. Notwithstanding Sub-Section 9.c. through Sub-Section 9.g., a claim regarding enforceability of any portion of Sub-Section 9.b. and/or Sub-Section 9.k. must be brought in federal or state court. Courts shall have the exclusive authority to determine: (i) the enforceability of any or all of the procedures set forth in Sub-Section 9.b. and/or Sub-Section 9.k.; and (ii) if any or all the procedures set forth in Sub-Section 9.b. and/or Sub-Section 9.k. are unenforceable, whether that or those procedures are severable from the remaining provisions of Section 9 and the consequences of said severance. If the court determines that Sub-Section 9.b. is enforceable, it will also decide whether the party seeking to arbitrate the Dispute complied with the process in Sub-Section 9.b.
9. You and Credible also agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Credible, including in arbitration and in state or federal court. Therefore:
   
   YOU AND CREDIBLE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF.
10. You understand there is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow the dispute resolution process described in Section 9. Subject to Sub-Section 9.h, the arbitrator has exclusive authority to resolve all issues relating to the parties’ Dispute. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.
11. Related Cases and Mass Filings. If your Notice involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if Credible asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity, you and we agree that these claims will be related (“Related Cases”), and this shall be called a “Mass Filing.” The following procedures will apply to a Mass Filing:
    1. Acknowledgment of Related Cases procedure. If you or Credible, or your or our counsel, files a demand for arbitration that has Related Cases, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Sub-Section 9.k. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the proceedings described in this Sub-Section 9.k.
    2. Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor Credible will be required to pay any such filing fees. You and Credible also agree that neither you nor we shall be deemed to be in breach of Section 9 for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
    3. Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the unresolved Disputes may then be administered by the arbitration provider pursuant to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the Bellwether Arbitration and Global Mediation process.
    4. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Credible agree that in the event the Bellwether Arbitration and Global Mediation processes described above do not resolve the Disputes, the arbitration provider will (1) administer the remaining arbitration demands in batches of 50 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). The final award will provide for individual merit decisions for each separate claimant within the single batch arbitration award. If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply. AAA’s mass arbitration fee schedule is available on its website at www.adr.org/rules . For mass arbitrations before any other arbitration provider, if applicable, you and Credible agree that its mass arbitration fee schedule shall apply, as necessary.
    5. Opting Out. If your claim is not resolved as part of the Bellwether Arbitration and Global Mediation process outlined above, the parties shall also have the opportunity to opt out of arbitration and bring the pending Dispute to the state or federal courts located in Durham, North Carolina, unless mandated by law to be filed in another state or federal court. The parties have 30 days of the failed Global Mediation process to opt out. This shall not provide an opportunity for either party to opt out of arbitration for other claims. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Credible Operations, Inc., Attention Arbitration Opt-Out, 6945 Northpark Boulevard, Suite L, DPT # 6037, Charlotte, NC 28216-0079, via USPS Priority Mail or hand delivery, by email to [email protected] , or by notice to the attorney representing Credible in the arbitration proceeding. This written notice must be signed by you, even if it is also signed by your attorney. The written notice cannot be signed by an agent or other representative of yours in lieu of your signature. It must include a statement that you wish to opt out of arbitration within 30 days after the conclusion of the Global Mediation process. Credible may exercise its equivalent opt-out right by sending written notice to you or your attorney, agent, or representative if you are represented.
    6. Enforcement of Subsection. A Court of competent jurisdiction shall have the power to enforce Sub-Section 9.k., including by injunctive, declaratory, or other relief.
12. Live Testimony. You must appear to testify at any arbitration hearing personally, virtually, or in another manner authorized by law or the arbitration provider. You agree that if you fail to appear in one of these forms to testify, you consent to have the arbitrator order that the case be closed immediately.
13. Discovery and Information Exchange. Regardless of how the arbitration proceeds, each of you and Credible shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the arbitration provider’s rules.
14. Attorney’s Fees and Fee Shifting. Each of you and Credible may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit(s) the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s).
15. Restrictions on Forms of Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by this Agreement. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief except those allowed under the law and this Agreement, including Section 8’s Limitation of Liability provisions. The arbitrator also may not order you or Credible to pay any monies to or take any actions with respect to persons other than you or Credible, respectively, unless you or Credible explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order, as applicable. Further, unless you and Credible expressly agree, or subject to the provisions of Sub-Section 9.k. above, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
16. Confidentiality. You and Credible agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, you and Credible agree that an order confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
17. Severability of Portions of Section 9. With the exception of Sub-Section 9.i. and Sub-Section 9.k. (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class and the Mass Filing procedure), if any part of Section 9 is deemed invalid, unenforceable, or illegal, then the balance of Section 9 shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, either or both Sub-Section 9.i. or/and Sub-Section 9.k. is found invalid, unenforceable or illegal, then the remainder of Section 9 and this paragraph shall be null and void, but the rest of this Agreement, including the provisions governing in which court actions against Credible must be pursued and the choice of governing law will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
18. Court Proceedings. If a court issues a decision precluding or refusing to compel arbitration of any Dispute, the Dispute must be brought in the state or federal courts located in Durham, North Carolina, unless otherwise mandated by law to be filed in another state or federal court. For Disputes deemed not to be subject to arbitration, neither you nor Credible shall be precluded from participating in a class-wide settlement of those claims if brought by another Credible user or third party.

10.1 Governing Law
This Agreement will be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law provisions.

Except with respect to Disputes to be resolved through the process in accordance with Section 9 contained above, you and Credible agree to submit to the exclusive jurisdiction of the federal or state courts located in Durham, North Carolina, unless otherwise mandated by law, to resolve any Dispute arising out of the Agreement or the Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION YOU OR WE MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

10.2 Term and Termination
This Agreement is effective until Credible or you deactivates your Account and you discontinue all use of the Service. Any section of the Agreement that, by its nature, is intended to survive termination of the Agreement or your use or access to the Service will survive such termination. Nothing in this section shall alter Credible’s or your rights or responsibilities relating to any act or occurrence during the time period when this Agreement was in force.

You can deactivate your Account by contacting customer service and requesting that your account be deleted. Customer service may be reached by calling 866-716-7881 or emailing [email protected].

Credible reserves the right to deactivate your account at its discretion, for any reason, with or without notice to you.

When Credible, acting at your request or on its own initiative, deactivates your account, you will cease to have access to the information contained in your account, and terminate your agreement to these Terms of Service effective as of the date Credible terminates your account. Termination of your account does not affect our or your rights and responsibilities under this Agreement or applicable law relating to any events occurring prior to the date of termination, including any rights and responsibilities Credible may have to retain and use information relating to your use of the Service.

10.3 Monitoring of Our Services and Disclosure for Administrative and Legal Reasons:
We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Policy) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce the Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our users, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Service or the services of our Providers or other third-parties.

10.4 Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Credible without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

10.5 Entire Agreement.
This Agreement, together with the Privacy Policy and any other policies linked to in this Agreement, constitute the entire and exclusive understanding and agreement between you and Credible regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. Credible may offer promotions from time to time. While promotions are subject to these Terms of Service and the Privacy Policy, there may be additional terms and conditions governing those promotions.

10.6 Severability.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall be given effect to the greatest extent possible and shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

10.7 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Credible’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

10.8 Headings.
Headings are for reference purposes only and do not limit the scope or extent of such Section.

10.9 Survival.
The following Sections survive any termination of this Agreement: Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

10.10 No Agency or Joint Venture.
Neither this Agreement nor the use of the Service shall be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Credible, except and solely to the extent expressly stated herein.

10.11 Provider and Other Third-Party Terms.
The Service may contain links to third-party and Provider websites, advertisers, services, or special offers that are not owned or controlled by Credible. Credible does not assume any responsibility for any third-party sites, information, materials, products, or services.

In some instances, Providers require that Credible’s Users agree to be bound by some additional Terms of Service that are specific to particular products or services (“Provider Terms”). In the event of any conflict between the Provider Terms and Credible’s Terms of Service related to the Service, Credible’s Terms of Service govern and control.

When you link to Provider or other third-party sites you do so at your own risk and you should be aware that our terms and policies do not govern, except to the extent expressly provided for herein. You should always review the third-party’s applic
able terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

10.12 Contact.
Please contact us at [email protected] with any questions regarding this Agreement.

Notice to California Residents: Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Copy/Save Agreement: You agree to print or save a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.