Terms and Conditions
Last updated: December 23, 2025
If you are under the age of 18, STOP! You are not permitted to use the Services if you are under 18 years of age.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU MAY OWE TO US.
IMPORTANT NOTICES ABOUT DISPUTES AND CLAIMS:
SECTION 20 OF THIS AGREEMENT GOVERNS THE RESOLUTION OF DISPUTES AND CLAIMS BETWEEN YOU AND US. SECTION 20 REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES AND CLAIMS BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 20 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 20 CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE PROCESS STATED IN SECTION 20.3: ( 1 ) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND ( 2 ) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
The Terms and Conditions are a legal agreement (the "Agreement") between you ("you", "your", or "user") and Creditly Corp. dba Credit Genie ("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, (together with the Mobile App, the "Sites") as well as the products and services offered, operated or made available by Credit Genie through the Sites (collectively, the "Services"). The Sites 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 Sites 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 agreement between you and Credit Genie, and this Agreement governs your use of the Sites and the Services.
IMPORTANT NOTICES ABOUT CASH BOOST:
CASH BOOST IS NOT A LOAN OR CREDIT. CREDIT GENIE IS NOT LENDING YOU MONEY IN CONNECTION WITH ANY CASH BOOST. THERE IS NO OBLIGATION TO REPAY A CASH BOOST. PLEASE SEE SECTION 9.4 BELOW FOR MORE INFORMATION.
YOU CAN RECEIVE A CASH BOOST WITHOUT FEES OR CHARGES.
IF YOU ELECT TO CANCEL YOUR REPAYMENT OF A CASH BOOST, YOU MUST NOTIFY US AT LEAST THREE (3) FULL BUSINESS DAYS BEFORE THE SCHEDULED REPAYMENT DATE. TO CONTACT US TO CANCEL A REPAYMENT, USE THE FOLLOWING LINK: support.creditgenie.com.
FOR MORE INFORMATION ON HOW CASH BOOSTS, SEE SECTION 9 ("THE CASH BOOST SERVICE") BELOW.
1. ACCEPTANCE OF AGREEMENT
Please review this Agreement carefully before using the Sites or the Services. If you do not agree to these terms, you may not access or use the Sites or the Services. To use the Sites 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 Sites or the Services. Creating an account with false information is a violation of our terms, including registering accounts on behalf of others including persons under the age of eighteen (18), and will result in the termination of your access to the Sites and Services.
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, such as by posting the revised Agreement on its website, Creditgenie.com. We may provide you with advance notice, or provide you with notice by other means, at our sole discretion, but we will not be obligated to do so unless required by law.
You should check this Agreement on Creditgenie.com periodically for changes. All changes shall be effective upon posting unless otherwise specified in this Agreement. Your continued use of the Sites or the Services after any change to this Agreement constitutes your agreement to be bound by such changes. Credit Genie may terminate, suspend, change, or restrict access to all or any part of the Sites or the Services without notice or liability.
3. PRIVACY POLICY
For information about how we collect, use, share and otherwise process information about you, access our Privacy Policy at https://creditgenie.com/privacy-policy.
4. MINIMUM TECHNOLOGY REQUIREMENTS TO ACCESS THE MOBILE APP
To access and use the Mobile App and the Services available through the Mobile App, you must have a mobile device with internet access running a supported version of a major mobile operating system (such as iOS or Android). Refer to the information provided on the Google Play Store and Apple App Store homepages for our Mobile App for details on supported mobile devices and OS versions. 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 user account with us. This process will include the creation of a Login ID and password to access portions of our website, 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, email address, and mobile telephone number – as may be prompted by any registration forms available through the Sites, 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 Sites and Services. In order to use certain Services, Credit Genie may 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 may refuse to allow you to use the Sites and/or Services. Should any of your User Information change, you will update that information as soon as possible. To update certain User Information, you may go to the Profile section of the Mobile App, click on "Settings," and update your User Information accordingly. You may also request changes by submitting a help request through the following link: support.creditgenie.com.
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 must notify us as soon as possible by submitting a help request through the following link: support.creditgenie.com.
6. OVERVIEW OF SERVICES
Credit Genie offers a variety of services and features collectively referred to in this Agreement as the "Services." Not all Services are available in all states. These Services may include:
Money Manager Services – A suite of personal financial management services and features that can assist you in better understanding your finances, monitoring your bank accounts and better managing your debt. See Section 8 for additional terms and details.
CASH BOOST™ Service – Advances of funds based on your anticipated earned but unpaid income (each a "Cash Boost") to help you cover emergency expenses or other short-term needs. See Section 9 for additional terms and details. The CASH BOOST Service is not currently available to residents of Connecticut, Maryland, Nevada, Hawaii, or Washington, D.C.
7. BANK ACCOUNT INFORMATION AND BANKING CONNECTION
7.1 Third-Party Bank Account Information
To use the Services, you must 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. 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 maintaining any passwords and usernames you provide to us so we can securely retrieve this Third-Party Account Information, and for keeping those passwords and usernames up to date through the Sites. Credit Genie does not review the Third-Party Account Information nor is it responsible for the Third-Party Account Information’s accuracy, legality, or non-infringement. Credit Genie is not responsible for your Third-Party Account Information or for products and services offered by or on third-party sites. You acknowledge and accept 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.
7.2 Enrollment and Establishing a Bank Connection
Many features of the Services require providing Credit Genie with access to your banking information using one or more third-party data aggregation services and designating a bank account ("Linked Account") and/or a debit card ("Linked Debit Card") you would like Credit Genie to monitor, to send you funds or process payments in connection with the CASH BOOST™ Service, and debit the recurring "Bank Connection Fee" for maintaining your bank connection.
If you elect to use a feature within the Sites that requires a Linked Account, you will be prompted to complete the bank account connection process and identify the bank account you would like to use as your Linked Account. You may also be given the option to designate a debit card to serve as a Linked Debit Card. By connecting a Linked Account, you agree to a recurring "Bank Connection Fee" indicated at the time you connected a Linked Account. Please refer to Section 7.3 for more information.
7.3 Bank Connection Fee
There is a recurring fee ("Bank Connection Fee") to maintain a connection to your Linked Account and banking information. By connecting a Linked Account to Credit Genie, you authorize Credit Genie to debit the Bank Connection Fee from your Linked Account, or a Linked Debit Card. You may be offered a trial period before Bank Connection Fees are assessed. The details and terms of any such trial period will be disclosed to you through the Sites when you establish a Linked Account and/or Linked Debit Card. Credit Genie will attempt to delay debiting your Linked Account or Linked Debit Card for the Bank Connection Fee if we detect that you have insufficient funds in your Linked Account to cover the amount owed. Although we will attempt to avoid debiting your Linked Account or Linked Debit Card 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. See Sections 7.4 and 7.5 for more information on the payment of Bank Connection Fees and cancelling your bank connection.
7.5 Cancelling Your Bank Connection
UNINSTALLING OR DELETING THE MOBILE APP FROM YOUR MOBILE DEVICE WILL NOT CANCEL YOUR BANK CONNECTION OR STOP THE BANK CONNECTION FEE. YOU MUST CANCEL YOUR BANK CONNECTION BY ONE OF THE METHODS DESCRIBED BELOW.
You may choose to cancel your bank connection and disconnect your Linked Account from Credit Genie by visiting the "Profile" or "Settings" screen in the Mobile App and tapping on "Disconnect bank account." You may also disconnect your Linked Account and stop the Bank Connection Fee by submitting a request at the following link: support.creditgenie.com.
Your connection will also automatically be cancelled if Credit Genie deletes or disables your user account or if we receive notice from our third-party service provider used to connect your Linked Account that your connection has been terminated. You will no longer be charged any Bank Connection Fees after your bank connection is cancelled.
Cancelling your bank connection and disconnecting your Linked Account can take up to 24 hours to process after you make the request through the Mobile App or after we are notified by the third-party data aggregation service used to connect your Linked Account that you have terminated the connection. However, you must revoke authorization at least three ( 3 ) full business days before the next scheduled debit date to avoid being charged the Bank Connection Fee again.
8. MONEY MANAGER SERVICES
8.1 Overview of the Money Manager Services
The Money Manager Services are a suite of personal financial management services and offers that include:
1. Insights and Budgets. We present you with information on your spending, cashflow and budgeting to help you understand and monitor your finances better.
2. Alerts. We monitor your Linked Account and notify you when your balance falls below a threshold you have set to help you avoid bank fees.
3. Offers. We display third-party products and services that may be relevant to you. Credit Genie may receive compensation from these third parties if you accept an offer.
9. THE CASH BOOST™ SERVICE
9.1 Overview of the CASH BOOST™ Service
Credit Genie offers Cash Boosts based on your anticipated earned but unpaid income as part of its "CASH BOOST™ Service." The CASH BOOST™ Service is not currently available to residents of Connecticut, Maryland, Nevada, Hawaii, or Washington, D.C.
You understand and agree that our ability to provide Cash Boost relies on your consent for Credit Genie to collect and use Third-Party Account Information, as defined above in Section 7.1. You understand and agree that Credit Genie uses this Third-Party Account Information to determine your eligibility for Cash Boost and to operate, provide, administer, develop and improve the Cash Boost service.
You may request a Cash Boost at any time through the Sites. Eligible users requesting a Cash Boost will be offered the opportunity to receive a Cash Boost to their Linked Account or Linked Debit Card. In all cases, you must affirmatively choose to receive a Cash Boost. The amount of each Cash Boost you are eligible for at any given time 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. We reserve the right to adjust Cash Boost amounts and our eligibility criteria at any time.
You may only receive one Cash Boost at a time, and you must repay any outstanding Cash Boost before you will be eligible to receive another. See Section 9.4 "No Recourse for Failure to Pay" for more information.
You may request to obtain Cash Boosts without paying a Bank Connection Fee through the following link: support.creditgenie.com. For your request to be processed, you will need to have a Credit Genie account with a Linked Account already established. When submitting the request, select "bank fee" as the "topic" and provide the following description: "I would like to access the Cash Boost service without paying a bank connection fee." As part of the request, you will also need to provide the email and phone number that matches your Credit Genie account. We will typically process your request within three (3) business days. Once your request has been successfully processed, Credit Genie will inform you whether the Bank Connection Fee will be waived for a Cash Boost.
9.2 Cash Boost Delivery and Fees
When you request a Cash Boost, you will be given the choice to receive your funds by either a standard Automated Clearing House transfer ("Standard ACH") or through an expedited Automated Clearing House ("Expedited ACH") transfer to your Linked Account, or through a transfer using your Linked Debit Card ("Debit Card Transfer"). Standard ACH transfers are offered without any additional charges and will generally appear in your Linked Account between one (1) to three (3) business days. Expedited ACH transfers are subject to an “Express Delivery Fee” and will generally appear in your Linked Account within one (1) business day. Debit Card Transfers are subject to an “Instant Delivery Fee” and will generally appear in the bank account associated with your Linked Debit Card within thirty (30) minutes. Note that for all transfer methods, we do not control when funds will be made available to you after we have processed a transfer; your bank and any applicable payment networks used to process the transfer determine when the funds will be made available to you for withdrawal.
IF YOU CHOOSE TO RECEIVE YOUR CASH BOOST THROUGH AN EXPEDITED ACH TRANSFER OR THROUGH A DEBIT CARD TRANSFER, THE APPLICABLE FEE WILL BE PAYABLE AT THE TIME YOU REPAY THE CASH BOOST.
9.3 Cash Boost Repayment
Each Cash Boost and any associated Express Delivery Fee or Instant Delivery Fee (collectively, "Total Cash Boost Amount") are repayable at the same time. 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 Cash Boost Amount and Repayment Date to you before you accept a Cash Boost. If you need assistance with your Repayment Date, you may go to the “Advances” tab or “Cash Boost” tab in the Mobile App, or you can submit a help request through the following link: support.creditgenie.com. By accepting a Cash Boost, you authorize us to debit your Linked Account or Linked Debit Card according to the following terms:
- We will debit your Linked Account or Linked Debit Card on the Repayment Date, for the Total Cash Boost Amount, unless we determine you do not have sufficient funds available in your Linked Account as reported to us by the third-party data aggregation service used to connect your Linked Account.
- If (i) we do not process your repayment because we have determined you do not have sufficient funds in your Linked Account, (ii) your repayment transaction utilizing a Linked Debit Card is declined, or (iii) we are otherwise unable to process your repayment on the Repayment Date, we will instead attempt to debit amounts from your Linked Account or Linked Debit Card until the Total Cash Boost Amount has been repaid. We will disclose the amount and when such debits will be processed and obtain your consent to such debits through the Sites before you accept the Cash Boost.
- Each of the debit transactions described above will be authorized by you, and processed by us, as separate, one-time debit transactions.
9.4 No Recourse for Failure to Repay
In all cases, Credit Genie warrants that it has no legal or contractual claim against you based on a failure to repay a Cash Boost or any associated transfer fees, and you may revoke your authorization for us to debit your Linked Account or Linked Debit Card at any time. Please follow the process described in Section 7.4 to cancel your authorization. With respect to a failure to repay a Cash Boost, 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 reserves the right to not provide you with further Cash Boosts while any amount remains unpaid under the Cash Boost Service, or to terminate or suspend your access to some or all of the Services.
Credit Genie does not waive any rights regarding fraudulent or illegal activity, and Credit Genie will pursue instances of fraud. 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 attempts to monitor your balance and will attempt to avoid debiting your account if you 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.
10. REFUNDS FOR ERRORS
If we attempt to debit your Linked Account or Linked Debit Card for an incorrect amount or on the incorrect date, please notify us at support.creditgenie.com. We will reimburse you for overdraft fees or nonsufficient funds fees that were solely caused by our error.
11. CONSENT TO ELECTRONIC COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY
11.1 Communications to Be Provided in Electronic Form
By choosing to use the Sites or the Services, you will receive, from time to time, disclosures, notices, documents, and any other communications about our Services, the Sites, or Credit Genie from Credit Genie ("Communications"). 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 at our sole discretion.
11.2 Communications in Writing
By accepting 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 with Communications in paper format, although we reserve the right to do so at any time.
11.3 Requesting Paper Copies
We may be required by law to give you the option to obtain a copy of certain electronic Communications in paper form upon request. For any such Communication, you may obtain a paper copy by submitting a request at support.creditgenie.com. There is no fee for requesting paper copies.
11.4 Minimum Requirements for Receiving Electronic Communications
You understand that, in order to view and/or retain copies of electronic Communications, you will need access to a device with an active internet connection and a supported web browser or mobile application. This may include a desktop or laptop computer, tablet, or smartphone. You will also need a valid email address, sufficient storage space to save Communications, or the ability to print the communications from the device on which you view them.
11.5 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by submitting a help request through the following link: support.creditgenie.com. If you withdraw your consent, we will close your Credit Genie user account and terminate your access to the 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 Sites and/or the Services.
12. SMS MESSAGING AND TELEPHONE CALLS
You consent to receive SMS messages (including text messages), and telephone calls (including pre-recorded and artificial voice and auto-dialed) 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 the Sites. 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, emails, or other means. Message frequency varies. 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.
13. LIMITATIONS OF USE
You agree to use the Sites and Services only for lawful purposes. You are prohibited from any use of the Services or Sites 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 Sites or Services, including unauthorized entry into Credit Genie's systems, misuse of passwords, or misuse of any information posted on the Sites or through the Services, is strictly prohibited. Credit Genie makes no claims concerning whether the use of the Sites or Services is appropriate outside of the United States. If you access the Sites 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 Sites, the Services or software making up the Sites or Services, 2) navigate or search the Sites 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 Sites or the Services, 4) use the Sites or the Services in a way that could impair, overburden, damage, or disable any portion of the Sites or Services, or 5) mirror any material contained on the Sites or the Services.
Credit Genie reserves the right to take various actions against you if we believe you have violated this Agreement or any 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 may take actions including: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the Sites or the Services, 3) suspending or terminating your ability to use the Sites 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 a Cash Boost), 5) holding you liable for the amount of Credit Genie's damages caused by your violation of this Agreement.
14. INTELLECTUAL PROPERTY RIGHTS
The Sites 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, trade dress, 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") and names, trade names, trademarks, and service marks (collectively, the “Credit Genie Marks”) are owned exclusively by Credit Genie or the licensors or suppliers of Credit Genie and may be 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 the Sites 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 or Credit Genie Marks displayed on the Sites or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify, or reproduce any Credit Genie Materials found on the Sites or the Services unless in accordance with written authorization by us. Credit Genie prohibits the use of any of the Credit Genie Materials as part of a link to or from the Sites or the Services unless the 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 Mark, should be referred to Credit Genie. All rights related to the Credit Genie Materials and Credit Genie Marks 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 electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Credit Genie. You acknowledge that the Credit Genie Materials and Credit Genie Marks 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.
15. TERMINATION
Credit Genie may terminate this Agreement or suspend or terminate your access to and use of the Sites and/or any or all of the Services, in each case, at any time, for any reason, and without providing a warning or prior notice. The following provisions of this Agreement shall survive termination of your use or access to the Sites 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 Sites or the Services. Credit Genie further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Sites or Services at any time with or without notice.
16. DISCLAIMER OF WARRANTIES
THE SITES 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 SITES OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES 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 SITES 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 SITES 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 that the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability of a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
17. NO LEGAL TAX OR FINANCIAL ADVICE; ACCURACY OF INFORMATION; ALERTS
CREDIT GENIE DOES NOT, AND IS NOT INTEND TO, PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE SITES OR THE MONEY MANAGER SERVICES OR ANY OTHER SERVICE. 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 DECISIONS.
INFORMATION PROVIDED TO YOU THROUGH THE SERVICES, INCLUDING ALERTS, IS BASED ON DATA OBTAINED THROUGH THIRD-PARTY DATA AGGREGATION SERVICES. CREDIT GENIE WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION AND TIMELY ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT CREDIT GENIE DOES NOT CONTROL THE ACCURACY OF DATA PROVIDED BY THIRD PARTIES AND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. CREDIT GENIE DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF INFORMATION OBTAINED FROM THIRD PARTIES OR ALERTS. CREDIT GENIE IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF INFORMATION PROVIDED BY THIRD PARTIES OR ALERTS, AND CREDIT GENIE IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON SUCH INFORMATION OR ALERTS. CREDIT GENIE IS NOT LIABLE FOR ANY THIRD-PARTY RELIANCE ON SUCH INFORMATION OR ALERTS.
18. 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 SITES OR THE SERVICES, THE CREDIT GENIE MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITES 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 SITES 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 SITES 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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES AND SERVICES.
19. INDEMNIFICATION
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 Sites 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, in our sole discretion, to assume the exclusive defense and control of any matter 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. You agree not to settle any matter without the prior written consent of Credit Genie.
20. DISPUTE RESOLUTION BY BINDING ARBITRATION
READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT AND REJECT THIS PROVISION AS PROVIDED IN SECTION 20.3 BELOW.
20.1 Election to Arbitrate.
Except as otherwise stated below, 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 20 (the "Arbitration Provision") unless you opt out as provided in Section 20.3 below. "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, the Services, the Sites, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in Section 20.7 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 a contract; tort (intentional or otherwise); constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, crossclaims, third-party claims, or otherwise. Claims include matters involving your minor children or legal ward and any else you authorized to use your Credit Genie account, and you are responsible for their use. You or we may assert any Claim or seek any related relief in a small claims court if the Claim qualifies for and remains in a small claims court and only proceeds on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
20.2 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"), including, without limitation, the procedures governing a Mass Filing in Section 20.13. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. 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.
20.3 Right to Opt Out of Arbitration Provision.
You have the right to opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to legal@creditgenie.com, within 30 days of the date of your electronic acceptance of the terms of this Agreement (or otherwise first becoming subject to this Arbitration Provision). 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 email address and be signed by you. No other methods can be used to opt out of this Arbitration Provision. To the fullest extent permitted by law, any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt-out notices from any third-party purporting to act on your behalf will have no effect on your or our rights. If you opt out of this Arbitration Provision, all other parts of this Agreement will continue to apply to you.
20.4 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 prompt, low-cost, and mutually beneficial resolution. You and we agree to participate in good faith informal efforts to resolve Claims before starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution").
To initiate Informal Dispute Resolution, a party must give notice in writing to the other party ("Notice"). You must send your Notice to us by email to legal@creditgenie.com. Credit Genie will send the Notice, including a description of the Claim, to your email address or regular address on file. The Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim; (iii) any relevant facts giving rise to the nature and basis of the claim; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; and (v) a personally signed statement from the claimant (and not solely by their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only one party's claim.
It is your responsibility to ensure that your email and mailing address are correct and remain up to date. You agree to promptly notify us if, at any time during the Informal Dispute Resolution process, you become represented by counsel.
After receipt of a compliant Notice, the parties shall engage in a good-faith effort to resolve the claim for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice, the recipient may, consistent with the good-faith effort to resolve the claim, request an individualized video settlement conference to be held during the 60-day period (but can be held after the 60-day period if the parties agree) and both parties will personally attend (with counsel for both parties, if represented, invited to attend the video settlement conference). If a party is unable to participate in the settlement conference by video, that party may attend telephonically upon showing of good cause warranting telephonic participation (e.g., inability to afford equipment or insufficient Wi-Fi due to indigent circumstances). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the Notice is received (or a longer time if agreed to by the parties), you or we may commence an applicable arbitration proceeding, small-claims court proceeding, or court action, as permitted by these Terms.
Compliance with this Informal Dispute Resolution process, including the settlement conference, is a condition precedent to initiating an applicable arbitration, small-claims court proceeding, or court action. Any applicable limitations period (including statute of limitations) and any filing-fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution. All Informal Dispute Resolution procedures are essential so that you and Credit Genie have a meaningful opportunity to resolve claims informally. If any aspect of these requirements has not been met, the filing or prosecution of an arbitration may be enjoined. In addition, unless prohibited by law, the arbitration service provider may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Informal Dispute Resolution process. If the arbitration is already pending, it shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Informal Dispute Resolution process.
Notwithstanding any provision of this Agreement to the contrary, either party may seek injunctive or other equitable relief from a court of competent jurisdiction if such relief is necessary to prevent irreparable harm. For the avoidance of doubt, the court’s authority under this provision is strictly limited to granting temporary relief as may be necessary to support the arbitration, small-claims, or other judicial process, and the court shall not have authority to adjudicate the underlying merits of the dispute.
20.5 Arbitration Procedures, Rules, and Forum.
If a Claim is not resolved within sixty (60) calendar days of submitting the Notice, a demand for arbitration can be made in accordance with this Arbitration Provision, unless we and you mutually agree in writing to extend or shorten that 60–day period. You and we agree that the arbitrator shall dismiss any arbitration demand filed prior to the end of that period.
The party initiating arbitration shall do so with the National Arbitration and Mediation ("NAM"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of NAM (the "NAM Rules"), including, as applicable, NAM's Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, except to the extent any rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning NAM or would like to obtain a copy of the NAM arbitration rules, you may call 1(800) 358-2550 or visit the NAM's website at: www.namadr.com. In the case of a conflict between the rules and policies of NAM 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 NAM apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to. If NAM is unavailable or unwilling to arbitrate the dispute, then the arbitration will be administered by the American Arbitration Association ("AAA") and governed by the applicable AAA rules and policies ("AAA Rules"),.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Demand"), consistent with the NAM Rules (or AAA Rules, as applicable). Any Demand you send to Credit Genie must be sent by email to legal@creditgenie.com. Credit Genie will provide the Demand to your email or mailing address on file.
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel's name, telephone number, mailing address, and email address. Counsel must also sign the Demand. By signing the Demand, you and/or your counsel certifies to us, to the best of you or your counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): ( 1 ) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; ( 2 ) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and ( 3 ) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Subject to the NAM Rules (or AAA Rules, as applicable), the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. You and Credit Genie agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential, to the fullest extent permitted by law, and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and Credit Genie agree that at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post–offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
20.6 Costs and Fees.
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Claim or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)) or as expressly provided in this Section or in Section 20.13.
To the extent, following a presentation on the merits, on its own motion or a party's, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with you or your counsel's certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.
If you or Credit Genie need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall be entitled to recover from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration.
20.7 WAIVER OF CLASS AND OTHER NON-INDIVIDUALIZED RELIEF FOR ARBITRATION.
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND 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) ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. EACH PARTY WAIVES ITS RIGHTS TO HAVE ANY CLAIM BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
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.
The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
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 20.7, 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 20.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.
Notwithstanding the foregoing, if a claim is asserted that includes a request for public injunctive relief (meaning injunctive relief that is primarily for the benefit of the general public and not solely for the benefit of the individual party) and the applicable law prohibits an agreement to waive the right to seek public injunctive relief, the parties agree that all issues other than the request for public injunctive relief shall be resolved in arbitration first (unless the claim is not subject to arbitration or is properly brought in small-claims court). Following the issuance of a final award on the arbitrable claims, any request for public injunctive relief shall be decided by a court of competent jurisdiction, to the extent required by applicable law. The court shall be bound by the findings of fact and conclusions of law made by the arbitrator to the fullest extent permitted by law.
Similarly, if, after all appeals have been exhausted, any of the prohibitions on (i) non-individualized declaratory or injunctive relief and (ii) class, collective, consolidated, or representative claims are found to be unenforceable with respect to a particular claim or request for relief, then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction after all other claims and requests for relief are arbitrated. The court shall be bound by the arbitrator's findings of fact and conclusions of law to the fullest extent permitted by law.
Nothing in this Section 20.7 affects the terms and conditions related to a Mass Filing under Section 20.12.
If a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section 20.7 are invalid or unenforceable as to a particular Claim or request for relief (such as a request for public injunctive relief), that particular Claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Philadelphia, Pennsylvania, except as otherwise required by applicable law, in which case it may be litigated in a court of competent jurisdiction.
20.8 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 20.7 and Section 20.12 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 a 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.
However, if an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 20.7 are finally adjudicated pursuant to the last sentence of Section 20.7 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.
Moreover, if the Mass Filing provisions under Section 20.12 of this Arbitration Provision are found under applicable law to be invalid or unenforceable, then the entire Arbitration Provision shall be void, and the parties agree that all Claims shall be heard in the state or federal courts located in Philadelphia, Pennsylvania to the maximum extent permitted by applicable law, except as otherwise required by applicable law, in which case it may be litigated in a court of competent jurisdiction.
20.9 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 located in Philadelphia, Pennsylvania (or, if required by applicable law, brought in a court of competent jurisdiction). Both you and Credit Genie consent to the venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
20.10 WAIVER OF RIGHT TO LITIGATE AND JURY TRIAL.
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 UNDER ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR CONSTITUTIONAL, STATUTORY, AND ANY OTHER RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW.
20.11 Selection of The Arbitrator; Authority of The Arbitrator.
The arbitrator will be either a retired judge or an attorney licensed to practice law with experience in the law underlying the dispute and will be selected by the parties from the roster of consumer dispute arbitrators maintained by NAM (or AAA, as applicable). If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM (or AAA, as applicable) will appoint the arbitrator in accordance with NAM Rules (or AAA Rules, as applicable), provided that if the Mass Filing process under Section 20.12 is triggered, NAM (or AAA, as applicable), without soliciting input or feedback from any party, will appoint the arbitrator for each arbitration.
The arbitrator shall 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, subject to Section 20.7.
20.12 Mass Filing.
If, at any time, 25 or more claimants (including you or Credit Genie) submit compliant Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, then you and we agree that the additional procedures set forth below shall apply.
The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their claim might be delayed but that reasonable efforts will be made to minimize any such delays. Any applicable limitations period (including statutes of limitation) and any filing-fee deadlines shall be tolled beginning when the compliant Notice was sent, so long as the Notice complies with the requirements in this Section, until a claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted-out-of arbitration.
Stage One. Counsel for the parties shall each select 10 claims per side (20 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. The outcomes and rulings of these Stage One arbitrations shall have no precedential or binding effect on any remaining claims. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.
Stage Two. After the Stage One arbitrations are completed (or sooner if the parties agree in writing), the remaining parties must engage in a single global mediation of all remaining claims, with the mediator’s fee paid by Credit Genie. The parties must agree on a mediator within 30 days after the conclusion of the last Stage One arbitration. If the parties cannot agree on a mediator within 30 days, the arbitration service provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
Stage Three. If the Stage Two mediation does not resolve all remaining claims, the arbitration requirement in this Section will no longer apply to any party with a claim for which a timely and compliant Notice was submitted and who completed the Informal Dispute Resolution process. Any such party with an unresolved claim must pursue that claim in court, not in arbitration. These parties may bring their claims in court either individually or as part of a joint or consolidated action. However, to the fullest extent permitted by applicable law, any joint or consolidated court action may include only those claimants in Mass Filings who submitted a timely and compliant Notice and completed the Informal Dispute Resolution process.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction otherwise consistent with this Agreement.
You and Credit Genie agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere claims between us. You and Credit Genie acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
20.13 Statute of Limitations.
Any Claim must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, all applicable statutes of limitation will apply in an arbitration proceeding in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
20.14 Class Action Waiver
Notwithstanding the arbitration requirements and subject to the Mass Filing procedures in Section 20.12, You and Credit Genie agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Credit Genie may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Credit Genie may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or Credit Genie may participate in a class settlement. To the fullest extent permitted by law, you and Credit Genie waive any right to a jury trial.
21. GOVERNING LAW AND VENUE
Subject to Section 20.2, this Agreement and all Claims are governed by the laws of the State of Delaware without regard to conflict-of-law rules. Any Claim that is not subject to arbitration will be resolved exclusively in the state or federal courts located in New Castle County, Delaware. You and Credit Genie waive any objection to venue in any such courts.
22. SEVERABILITY
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, then, except as stated in Section 20.8, only such provision shall be of no force and effect and shall be severed from this Agreement, and this Agreement's remaining provisions shall be enforced to the fullest extent possible and shall remain in full force and effect.
23. WAIVER
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.
24. MOBILE APP AND WEBSITE AVAILABILITY
We shall have the right, at our sole discretion and with reasonable notice, to establish or change limits concerning the use of Site features, temporarily or permanently, including the number of times and the maximum duration for which you may access the Sites 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 the use of the Site features to which such changes relate. Your continued use of any Site will constitute your acceptance of and agreement with such changes. Maintenance of the Sites may be performed from time to time, resulting in interrupted service, delays, or errors in the Site features. Attempts to provide prior notice of scheduled maintenance will be made, but Credit Genie cannot guarantee that such notice will be provided.
25. LINKS TO OTHER WEBSITES AND SERVICES
The Sites 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 websites. 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 to it, should be directed to the particular outside service or resource.
26. FEEDBACK
You may provide suggestions, comments or ideas related to Credit Genie or the Services and report to us issues or problems you encounter related to the Service (collectively, "Feedback"). You grant to us a non-exclusive, transferable, sublicensable, royalty–free, worldwide, perpetual licenses to use all Feedback, including to develop or improve products or services in our sole discretion. We will exclusively own all works or improvements based on any Feedback, and you understand that we may treat Feedback as nonconfidential.
27. CONTACTING US
If you have questions regarding the Agreement or the practices of Credit Genie, please contact us by submitting a help request through the following link: support.creditgenie.com or by regular mail at Creditly Corp. 3411 Silverside Rd, Ste 104 Baynard Building, Wilmington, DE 19810.
28. STATE-SPECIFIC DISCLOSURES
Notice to Utah residents: You are entering into this Earned Wage Access agreement under Utah law. Please familiarize yourself with all disclosures here: Utah Code 13-78-103.
You may report complaints related to an earned wage access service provider to the Division of Consumer Protection, by calling 1(800) 721-7233 or online at https://dcp.utah.gov.
Notice to South Carolina residents: You are entering into this Earned Wage Access agreement under South Carolina law. Additional information from the South Carolina Department of Consumer Affairs may be found here: https://consumer.sc.gov or you may contact the department directly at 803-734-4200.
You may report complaints about earned wage access service providers to the South Carolina Department of Consumer Affairs here: https://applications.sc.gov or by calling 803-734-4200.
29. GENERAL PROVISIONS
This Agreement is the entire understanding and agreement between you and Credit Genie. This Agreement supersedes any previous Terms of Use agreement or other agreement to which you and Credit Genie may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempt without that consent will be null and void. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The words “includes” or “including” are not intended to be exclusive and shall be interpreted to mean “including, but not limited to.”
30. BETA PRODUCT TESTING TERMS
From time to time, we may make available to you certain Services before they have been officially released to all users in order to test them and obtain your feedback ("Beta Services"). You will be informed whether a Service is a Beta Service through the Sites at the time you enroll or otherwise use the Beta Service. When you enroll in or otherwise use a Beta Service, you agree that this Section 30 will govern your use of the Beta Service, along with all other sections of this Agreement unless modified by this Section 30 and any other terms or agreements we provide to you. In the event of a conflict between this Section 30 and any other agreement governing a Beta Service, the other agreement will control only to the extent necessary to resolve the conflict.
30.1 Term of Beta Product Testing
With respect to each Beta Service, the term of this Section 30 will begin from the date you first enroll in the Beta Service or otherwise use the Beta Service and will continue until the earlier of (1) the date we specify at our sole discretion in connection with the Beta Service; (2) the date we make the Beta Service available to the general public (after which the remainder of this Agreement will continue to apply); or (3) the date we discontinue the Beta Service.
Your participation in a Beta Service does not entitle you to ongoing or future access to the Beta Service when it is made available to the general public.
30.2 Beta Service Limitations and Errors
Because the Beta Service is still in testing, it is likely to contain errors, defects or inaccuracies, and certain features may be limited, delayed, incomplete or temporarily unavailable. In addition to any other disclaimers and limitations of liability, you agree that all Beta Services are provided "AS IS" and "AS AVAILABLE." You understand and agree that we may change, withdraw, terminate your access to, testing of or use of, or discontinue a Beta Service or any portion of a Beta Service at any time and in our sole discretion with or without notice except as required by applicable law.
30.3 Confidentiality
Any and all information we disclose to you or that we provide you with access to that is related to a Beta Service, as well as your use of the Beta Service, your participation in a test of a Beta Service and any Feedback you provide to us on the Beta Service, except to the extent we make it public, is considered confidential information ("Confidential Information"). You agree that you (1) will not use any Confidential Information other than as necessary to use or test the Beta Service; (2) will maintain Confidential Information in strict confidence and will use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (3) will not share any Confidential Information with any person or entity other than Credit Genie except as authorized by us in writing or as necessary to exercise a specific statutory right (such as a right to dispute a transaction in connection with a financial product or service) you may have with respect to the Beta Service.
You will not make any public announcements related to any Beta Service without our prior written approval, which we may grant or withhold in our sole discretion. This Confidentiality provision shall survive the termination of this Section 30.
31. AI Services
As part of the Services, Credit Genie may make available artificial intelligence– powered features and tools (“AI Services”) including features that allow you to generate responses and other content based on the prompts you supply. Ask Genie is part of the AI Services. Because the AI Services rely on emerging technology and the prompts and other inputs you provide, responses and other content generated by the AI Services may be inaccurate, offensive, and not represent Credit Genie’s views. The AI Services are not registered financial advisors under any federal or state law, and any financial information provided by the AI Services is for general informational and educational purposes only and is not professional advice. You must evaluate responses and other content generated by the AI Services for accuracy and appropriateness. You may not attempt to use the AI Services as a companion chatbot or attempt to bypass any protective measures or safety mitigations in the AI Services.