Terms of Service

• 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).

• 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.

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

• 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.

Electronic Communications Delivery Policy (E-SIGN Policy)

• 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.

• 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.

• 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

• 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.

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.

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.