Terms and Conditions of Use
Effective Date: May 2, 2022
The following terms of service are terms of a legal agreement (the "Agreement") between you ("you", "your", or "user") and Creditly Corp. dba Credit Genie, its subsidiaries, affiliates, agents and assigns ("Credit Genie", "we", "us", or "our") which sets forth the terms and conditions for your use of Credit Genie's mobile application ("Mobile App") and Credit Genie's website, Creditgenie.com, as well as the products and services offered, operated or made available by Credit Genie through the Mobile App (collectively, the "Services"). The Mobile App, website, and Services are owned and operated by Credit Genie, and are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Mobile App, Creditgenie.com or the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Credit Genie, and this Agreement governs your use of the Mobile App, Creditgenie.com and the Services.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER.
PLEASE REFER TO SECTION 21 BELOW FOR MORE INFORMATION.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using the Mobile App, Creditgenie.com or the Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the Mobile App, Creditgenie.com or the Services. To use the Mobile App, Creditgenie.com or the Services and to accept the Agreement, you must 1) be a citizen or legal resident of the United States, 2) be at least 18 years old, 3) agree to only have one Credit Genie account, which must be in your real name; and 4) not be prohibited by law from using the Mobile App, Creditgenie.com or the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18 and will result in the termination of your access to Credit Genie.
2. MODIFICATION OF THIS AGREEMENT
Credit Genie reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on its website, Creditgenie.com. You should check this Agreement on Creditgenie.com periodically for changes. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of the Mobile App, Creditgenie.com or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Credit Genie may terminate, suspend, change, or restrict access to all or any part of the Mobile App, Creditgenie.com or the Services without notice or liability.
4. MINIMUM TECHNOLOGY REQUIREMENTS TO ACCESS SERVICES
To access and use the Mobile App and Services, you must have a mobile device with access to the Internet running either Apple iOS 10.3 or higher, or Android 4.1 or higher. You must also have a valid email address and sufficient storage space to install any required mobile application. Credit Genie's mobile applications are available on the Apple App Store (for Apple devices) and Google Play Store (for Android devices).
5. USER INFORMATION ACCURACY AND UPDATES
To access Credit Genie's Services, you must create a Mobile App user account with Credit Genie. This process will include creation of a Login ID and password to access the Mobile App and the Services. When you sign up for a user account, you agree to provide accurate, current and complete information — such as your name, mailing address, and email address – as may be prompted by any registration forms available through the Mobile App, in connection with the Services or as otherwise requested by Credit Genie for such information ("User Information"). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the Mobile App and Services. In order to use certain Services, Credit Genie may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Mobile App and/or Services. Should any of your User Information change, you agree that you will update this information as soon as possible. To update your User Information, you may go to the Profile section of the Credit Genie app, click on "Settings," and update your User Information accordingly.
Should you believe or have reason to believe that any of your User Information, including your Login ID and/or password, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible at email@example.com.
6. OVERVIEW OF SERVICES
Credit Genie offers a variety of services and features collectively referred to in this Agreement as the "Services." These Services include:
Personal Financial Management Services – A suite of services and features you can subscribe to that can assist you in better understanding your finances, avoiding overdrafts and better managing your debt. See Section 8 for terms and details.
Advance Service – Free advances of funds to help you cover emergency expenses or to help you avoid overdrafts on your bank account. See Section 9 for terms and details. Note: Credit Genie advances are not loans and do not have minimum or maximum repayment terms.
7. THIRD-PARTY AND CREDIT GENIE BANKING ACCOUNT INFORMATION
To use the Services, you may direct Credit Genie to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions ("Third-Party Account Information"). Credit Genie works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other Credit Genie products and services that may be of interest to you. By using the Services, you authorize Credit Genie to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the Mobile App. Credit Genie does not review the Third-Party Account Information for accuracy, legality or non-infringement, and Credit Genie is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
8. CREDIT GENIE'S PERSONAL FINANCIAL MANAGEMENT SERVICES
8.1 Overview of the Personal Financial Management Services
If you subscribe to the Personal Financial Management Services, you will have access to "Insights, "Alerts" and "Debt Relief". With Insights, we present you with information on your spending to help you better understand and monitor your finances. With "Alerts," we will monitor your linked bank account held at a depository institution (a "Linked Account") and let you know when the balance in your Linked Account falls below a certain threshold to help you avoid overdrafts, returned transactions and bank fees. With "Debt Relief," you can learn about and access offers from our partners that are designed to help you lower your monthly unsecured personal credit bills or pay them off more quickly. In all cases you will need to "opt in" to receive these partner offers, and Credit Genie may receive compensation from these partners for connecting you with them.
8.2 Enrollment and Cancellation
After you create a Mobile App user account, you will be prompted to identify and connect a Linked Account if you attempt to use or access any feature within the Mobile App that requires a Linked Account. By connecting a Linked Account, you agree to a $2.99 per month "bank connection fee".
You may choose to unlink your bank account from Credit Genie by contacting your bank or by visiting the Settings screen in the Credit Genie app and tapping on "Disconnect bank account". By unlinking your bank account, you will lose your ability to access the Personal Financial Management Services and will not be allowed to re-link your bank account for a period of 60 days.
8.3 Bank Connection Fee
The Personal Financial Management Services are subject to a $2.99 per month bank connection fee (the "Bank Connection Fee"). By connecting a bank account to Credit Genie, you authorize us to debit the Bank Connection Fee from your Linked Account 3 business days after you linked your bank account.
Credit Genie will attempt to avoid debiting your Linked Account for the Bank Connection Fee if we detect that you have insufficient funds in your Linked Account to cover the amount owed. Additionally, we will not debit your Linked Account if we are unable to view the current balance of your Linked Account prior to initiating the payment. Although we will attempt to avoid debiting your Linked Account if you do not have sufficient funds, Credit Genie makes no warranties that an overdraft will not occur or that your bank will not charge you fees. In addition, if we do not debit your Linked Account because you do not have sufficient funds, or if a payment is returned by your bank or is otherwise unsuccessful, Credit Genie reserves the right to terminate your access to the Personal Financial Management Services. Credit Genie also reserves the right to collect unpaid Bank Connection Fees from prior months along with the fee due for the current month.
Credit Genie will stop any recurring billing activity once you unlink your bank account. Upon unlinking your bank account, Credit Genie still reserves the right to collect any outstanding Bank Connection Fees.
9. THE ADVANCE SERVICE
9.1 Overview of the Advance Service
Credit Genie also offers advances based on your anticipated income (each, an "Advance") as part of its "Advance Service." If you have subscribed to the Personal Financial Management Services and we detect that your account balance in your Linked Account is below a certain threshold, we will alert you via SMS messages and invite you to request an Advance. Credit Genie is not responsible for, nor assumes any liability for errors or omissions in sending such alerts. You may also request an Advance at any time through the Mobile App. Eligible users requesting an Advance will then be offered the opportunity to receive a free Advance to their Linked Account. You may also log into the Mobile App and request an Advance at any time. In all cases, you must affirmatively choose to receive an Advance. The amount of each Advance you are eligible for is based on, among other things, whether you have established a direct deposit into your Linked Account and an analysis of your deposits and transaction history. The maximum Advance amount is generally $100. You may only receive one Advance at a time and you must repay any outstanding Advance before you will be eligible to receive another. We reserve the right to adjust Advance amounts and our eligibility criteria at any time.
As noted above, all Advances are free. You may, however, choose to make voluntary payments referred to as 'Tips' in appreciation of the Advance Service provided. In no way does a 'Tip' alter your eligibility to receive an Advance, your ability to access an Advance or the amount of any Advance you are eligible for. You will generally receive your requested Advance, if approved, within one to two business days depending on processing times.
9.2 Express Delivery Fee
When you request an Advance, you will be given the option to receive your Advance by either a standard Automated Clearing House ("ACH") transfer or through an Expedited Automated Clearing House ("ACH") transfer. Standard ACH transfers are free and will generally appear in your Linked Account between one (1) to three (3) business days. Expedited Automated Clearing House ("ACH") transfers are subject to an Express Delivery Fee and will usually be credited to your Linked Account within one (1) business day.
If you choose to receive your Advance through an Expedited Automated Clearing House ('ACH') transfer, the Express Delivery Fee will be payable at the time you repay the Advance.
9.3 Advance Repayment
Each Advance, including any optional tips and/or Express Delivery Fees, ("Total Advance Amount") is repayable in one installment. There is no mandatory minimum or maximum repayment time frame. We will assign you a repayment date based on our estimation of when you will receive your next deposit into your Linked Account ("Repayment Date"). We will disclose the Total Advance Amount and Repayment Date to you before you accept an Advance. You can reach out firstname.lastname@example.org if you need assistance with your repayment date.
By accepting an Advance, you authorize us to debit your Linked Account according to the following terms:
- - We will debit your Linked Account for the Total Advance Amount on the Repayment Date through an ACH transfer, at our discretion. If (i) your repayment transaction is declined or returned by your bank, (ii) we do not process your repayment because we have determined you do not have sufficient funds in your Linked Account, or (iii) we are otherwise unable to process your repayment on the Repayment Date, we will reattempt your repayment up to two (2) additional times within forty five (45) days of your Repayment Date.
- - If all attempts to process your repayment transaction for the Total Advance Amount are unsuccessful, we will reduce the Total Advance Amount to assist you and initiate a debit from your Linked Account for the reduced amount. This reduced amount will be debited forty nine (49) calendar days from your original Repayment Date through an ACH transfer, at our discretion. The reduced amount will be determined as follows:
- - If you have an active bank account connection with Credit Genie at the time we initiate the debit, the reduced amount will be the amount of your available balance in your Linked Account as reported to us by your bank. If your available balance is less than $25, we will not initiate the debit.
- - If you do not have an active bank account connection with Credit Genie at the time we initiate the debit, the reduced amount will be $35.
Your payment of the reduced amount will fully clear the outstanding balance of your Advance and you will continue to be eligible to request future Advances. However, payment of a reduced amount may affect the size and/or frequency of future Advances you are eligible for.
Credit Genie warrants that it has no legal or contractual claim against you based on a failure to repay an Advance. With respect to a failure to repay an Advance, Credit Genie warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. However, Credit Genie will not provide you further Advances while any amount remains unpaid under the Advance Service.
Credit Genie does not waive any rights regarding fraudulent or illegal activity, and Credit Genie will pursue instances of fraud. Although Credit Genie is helping users avoid overdraft fees, Credit Genie is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your Linked Account. Credit Genie monitors your balance and will attempt to avoid debiting your account if you have do not have sufficient funds, but Credit Genie makes no warranties that an overdraft will not occur or that your bank will not charge you fees.
Tips, Express Delivery Fees, and the Bank Connection Fee are non-refundable.
11. CREDIT AND DEBIT AUTHORIZATION
By enrolling in the Personal Financial Management Services and connecting a bank account to Credit Genie, you authorize us to electronically debit a $2.99 Bank Connection Fee from your Linked Account on a monthly basis. The monthly billing date will be 3 business days after you initially connect a bank account to Credit Genie. The Bank Connection Fee will be debited from your Linked Account on your monthly billing date until you disconnect your bank account. You will select your Linked Account at the time you connect your bank account to Credit Genie through the Mobile App.
As applicable, you also authorize Credit Genie to electronically debit and credit your Linked Account to correct erroneous debits and credits. You acknowledge that, as applicable, the electronic authorizations contained in this Section represent your written authorizations for automated clearinghouse ("ACH") and debit card transactions as provided herein and will remain in full force and effect until you notify Credit Genie that you wish to revoke an authorization by emailing email@example.com.
You must notify Credit Genie at least three (3) business days before the scheduled debit date in order to cancel an authorization. When you email, please include the name and telephone number associated with your Mobile App user account. Failure to provide correct and complete information may make it impossible for Credit Genie to stop withdrawal of the preauthorized transaction. You agree to indemnify and hold Credit Genie harmless from and against any loss incurred as a result of its withdrawal of an ACH or debit card transaction from your Linked Account if any of the information relied upon in your request to revoke authorization is incorrect or incomplete. If you have followed the instructions in this section to notify Credit Genie of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Credit Genie will be liable for your losses or damages directly caused by our failure to stop the transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so. You warrant and represent to Credit Genie that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. In no event will our liability to you exceed the amount of the debit transaction and any bank fees you incur as a direct result of the debit transaction. If you have a joint Linked Account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into this Agreement independently. You agree to indemnify and hold Credit Genie harmless from any claims by any other owner of the Linked Account.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
12. CONSENT TO ELECTRONIC COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY
12.1 Communications to Be Provided in Electronic Form
By choosing to use the Mobile App or the Services, you will receive from time-to-time disclosures, notices, documents, and any other communications about our Services, the Mobile App, or Credit Genie from Credit Genie ("Communications"). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.
12.2 Communications in Writing
By accepting to this Agreement, you agree that electronic Communications shall be considered "in writing" and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
12.3 Minimum Requirements
You understand that, in order to view and/or retain copies of the electronic Communications, you will need either: A computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); or A mobile device that meets the requirements described in section 4. You will also need a valid email address, sufficient storage space to save Communications or the capability to print the communications from the device on which you view them.
12.4 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by contacting us at firstname.lastname@example.org. If you withdraw your consent, we will close your Mobile App user account and, if applicable, end your subscription to the Personal Financial Management Services. The legal validity and enforceability of prior Communications delivered in electronic form will not be affected by your withdrawal of consent. You also agree to pay any amount owed to Credit Genie such as any outstanding Bank Connection Fees even if you withdraw your consent and we close or limit access to the Mobile App and/or the Services.
12.5 Updating Records
As noted above, you can update your User Information in the Mobile App or by emailing us at email@example.com.
13. SMS MESSAGING AND TELEPHONE CALLS
You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or Mobile App. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Credit Genie and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails or other means. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
14. LIMITATIONS OF USE
You agree to use the Mobile App, Creditgenie.com and Services only for lawful purposes. You are prohibited from any use of the Services or Mobile App that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Mobile App or Services, including but not limited to unauthorized entry into Credit Genie's systems, misuse of passwords, or misuse of any information posted on the Mobile App, Creditgenie.com or through the Services is strictly prohibited. Credit Genie makes no claims concerning whether use of the Mobile App, Creditgenie.com or Services is appropriate outside of the United States. If you access the Mobile App, Creditgenie.com or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher the Mobile App, Creditgenie.com or the Services or software making up the Mobile App, Creditgenie.com and Services, 2) navigate or search the Mobile App, Creditgenie.com or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than Credit Genie's provided interface to access the Mobile App, Creditgenie.com or the Services, 4) use the Mobile App, Creditgenie.com or the Services in a way that could impair, overburden, damage, or disable any portion of the Mobile App, Creditgenie.com or Services, or 5) mirror any material contained on the Mobile App, Creditgenie.com or the Services.
Credit Genie reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Credit Genie also reserves the right to take action to protect Credit Genie, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the Mobile App, Creditgenie.com or the Services, 3) suspending or terminating your ability to use the Mobile App, Creditgenie.com or the Services on an ongoing basis, 4) taking legal action against you (note, as described in Section 9.3 Credit Genie will not take action against you for failure to repay an Advance), 5) holding you liable for the amount of Credit Genie's damages caused by your violation of this Agreement.
15. INTELLECTUAL PROPERTY RIGHTS
The Mobile App, Creditgenie.com and the Services are owned and operated by Credit Genie. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the "Credit Genie Materials") are owned exclusively by Credit Genie or the licensors or suppliers of Credit Genie and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this Creditgenie.com, Mobile App or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Credit Genie Materials displayed on the Mobile App, Creditgenie.com or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of Credit Genie Materials found on the Mobile App, Creditgenie.com or the Services unless in accordance with written authorization by us. Credit Genie prohibits use of any of the Credit Genie Materials as part of a link to or from the Mobile App, Creditgenie.com or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Credit Genie Materials, or whether any mark or logo is a Credit Genie Material, should be referred to Credit Genie. All rights related to the Credit Genie Materials are hereby reserved. You agree that the Credit Genie Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Credit Genie. You acknowledge that the Credit Genie Materials are and shall remain the property of Credit Genie. You may not modify, participate in the sale or transfer of, or create derivative works based on any Credit Genie Materials, in whole or in part.
Credit Genie may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Mobile App, Creditgenie.com or the Services at any time, with or without cause, in Credit Genie's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Mobile App, Creditgenie.com or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Mobile App, Creditgenie.com or the Services. Credit Genie further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Mobile App, Creditgenie.com or Services at any time with or without notice.
17. DISCLAIMER OF WARRANTIES
THE MOBILE APP, CREDITGENIE.COM AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CREDIT GENIE AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE "CREDIT GENIE PARTIES") EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE MOBILE APP, CREDITGENIE.COM OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP, CREDITGENIE.COM OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." THE CREDIT GENIE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE MOBILE APP, CREDITGENIE.COM, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE CREDIT GENIE PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE MOBILE APP, CREDITGENIE.COM OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusion may not apply to you.
18. NO LEGAL TAX OR FINANCIAL ADVICE; ALERTS
CREDIT GENIE DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOBILE APP, CREDITGENIE.COM OR THE SERVICES. CREDIT GENIE IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. CREDIT GENIE ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. CREDIT GENIE WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. CREDIT GENIE DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, CREDIT GENIE IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND CREDIT GENIE IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. CREDIT GENIE IS NOT LIABLE FOR ANY THIRD-PARTY RELIANCE ON ALERTS.
19. LIMITATION OF LIABILITY
THE CREDIT GENIE PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE MOBILE APP, CREDITGENIE.COM OR THE SERVICES, THE CREDIT GENIE MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE MOBILE APP, CREDITGENIE.COM OR THE SERVICES, EVEN IF CREDIT GENIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CREDIT GENIE PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE MOBILE APP, CREDITGENIE.COM OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE MOBILE APP, CREDITGENIE.COM OR THE SERVICES. IN NO EVENT WILL THE CREDIT GENIE PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOBILE APP, AVE.COM OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Credit Genie Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys' fees arising out of or relating to (i) your access to, use of or alleged use of the Mobile App, Creditgenie.com or the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own 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. You shall cooperate as fully as reasonably required in the defense of any such claim. Credit Genie reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Credit Genie.
21. DISPUTE RESOLUTION BY BINDING ARBITRATION
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 21.3 BELOW.
21.1 Election to Arbitrate.
You and Credit Genie agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 21 (the "Arbitration Provision"), unless you opt out as provided in Section 21.3 below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 21.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possibleinterpretation that is enforceable.
21.2 Applicability of the Federal Arbitration Act; Arbitrator's Powers.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
21.3 Opt-Out of Arbitration Provision.
You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to firstname.lastname@example.org, within 60 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
21.4 Informal Dispute Resolution.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to email@example.com at any time.
21.5 Arbitration Procedures.
The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
21.6 Arbitration Fees.
If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.
21.8 No Class Actions.
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Except for claims seeking public injunctive relief and unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 21.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 21.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
21.9 Survival and Severability of Arbitration Provision.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 21.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 21.8 are finally adjudicated pursuant to the last sentence of Section 21.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
21.10 Judicial Forum for Claims.
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Credit Genie agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and Credit Genie consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
21.11 WAIVER OF RIGHT TO LITIGATE.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
22. GOVERNING LAW AND VENUE
Except for Section 24 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of California, without regard to conflict-of-law rules.
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement's remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You agree that if Credit Genie does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Credit Genie has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
25. Mobile App Availability
We shall have the right, in our sole discretion and with reasonable notice, to establish or change limits concerning use of the App features, temporarily or permanently, including but not limited to the number of times and the maximum duration for which you may access the Mobile App in a given period of time. We reserve the right to make any such changes effective immediately to maintain the stability or security of the system or to comply with any laws or regulations. You may reject changes by discontinuing use of the Mobile App features to which such changes relate. Your continued use of the Mobile App will constitute your acceptance of and agreement with such changes. Maintenance upon the Mobile App may be performed from time-to-time resulting in interrupted service, delays or errors in the App features. Attempts to provide prior notice of scheduled maintenance will be made, but Credit Genie cannot guarantee that such notice will be provided.
26. Links to other websites and services
The Mobile App and our website may contain links to outside services and resources, the availability and content of which Credit Genie does not control or monitor. We are not responsible for examining or evaluating, and we cannot guarantee and expressly do not warrant the offerings of these businesses or individuals or the content of their web sites. Except where an endorsement or relationship is expressly disclosed, links to and from such sites do not constitute a Credit Genie endorsement, and Credit Genie does not represent or imply that there is any business relationship between Credit Genie and the other entities. Credit Genie does not assume any responsibility or liability for the actions, products, and content of these and any other third-parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
27. CONTACTING US
If you have questions regarding the Agreement or the practices of Credit Genie, please contact us by e-mail at firstname.lastname@example.org or by regular mail at Creditly Corp. 625 W Ridge Pike, Suite D105 Conshohocken, PA 19428
28. GENERAL PROVISIONS