Welcome to the Credit Manager Inc Invoice Management Services division, an online service designed and offered by Credit Manager Inc and its affiliates (“Credit Manager Inc”) especially for small businesses around the globe. These Terms of Use are intended to explain our obligations as a service provider and your obligations as a user and subscriber. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.
If you use this website, you are agreeing to be bound by these Terms of Use without any modification or qualification. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth in these Terms of Use, or if you breach any of the Terms of Use contained herein, your permission to use Credit Manager Inc or access any of Credit Manager Inc ’s Services (defined below) immediately lapses and you must destroy any materials downloaded or printed from the Credit Manager Inc website.
This website – HTTPS://CREDITMANAGER.IO (the “Site”) is being made available to you free-of-charge. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “CREDITMANAGER.IO,” “we,” “us,” and “our” refer to CREDITMANAGER.IO together with its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit.
Credit Manager Inc reserves the right to modify or change these Terms of Use at any time without giving prior notice. We shall, however, notify you of significant changes by posting an announcement on the Site. Your use of Credit Manager Inc is subject to the most current Invoice Management Service Terms of Use posted on the Site at such time. The most current version can be reviewed by clicking “Terms of Use” hyperlink at the bottom of our Site pages.
As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
Definitions
The following terms shall have the following meaning throughout the Terms of Use.
- “Agreement” or “this agreement” refers to these Terms of Use.
- “Applicable law” refers to the laws currently in force in the Los Angeles, California, U.S.A. which shall govern this agreement.
- “Site” refers to this website, all related webpages, and all related websites operated by affiliates or divisions of Credit Manager Inc, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
- “Service” and “Services” refer to the online financial services and other small business–related services and Support offered through Credit Manager Inc from time to time.
- “Subscriber” refers to any person who maintains an account with us and utilizes our Services.
- “Support” refers to technical support and assistance provided to users by Credit Manager Inc.
- “Credit Manager Inc” refers to the Site and all mobile applications and other applications which provide access to the Services offered by Credit Manager Inc Financial and its affiliates from time to time.
- “Credit Manager Inc Parties” includes Credit Manager Inc, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
- “Credit Manager Inc Agency Owners” means the persons and entities who have voluntarily registered with Credit Manager Inc to be listed on the Site as members of the Credit Manager Inc Network in order to offer, credit repair counseling services to credit repair customers.
- “Credit Manager Inc Network” means the online community of Credit Manager Inc agencies listed on the Site from time to time.
Exclusivity.
You understand that the Invoice Management Service is exclusively available to agency owners managed by Credit Manager, Inc. Any registration by any company, individual or entity outside of the Credit Manager, Inc. agency network will be denied access.
Cancellation Policy
You may cancel at any time without penalty by submitting a form from the member’s area titled, “Cancel Invoice Management Service.” Cancellation requests must be verified and confirmed by a manager over the telephone. A cancellation request is not valid until it is confirmed.
Refund Policy
There are no refunds on a monthly plan once a Terminal ID has been issued to you. A refund will be issued for annual plans based on unused dates from the time of cancellation request is received. Please allow up to 10 business days to process.
Termination of Service.
Credit Manager Inc may terminate this agreement and your use of Credit Manager Inc services at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way. Subscribers may use Credit Manager Inc on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. You may also terminate this agreement by following the “Close your Credit Manager Inc Account” instructions found on your Account page.
Upon such termination, you must immediately cease using Credit Manager Inc indefinitely. We may, at our discretion, block your access to Credit Manager Inc website. Account termination for any violations described in this agreement will void any available refund for annual plans.
Copyright
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part.
If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), or your legal rights under any other copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Intellectual Property Infringement
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates.
If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site;
Your name, address, telephone number, and e-mail address; - A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
- The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows: By Mail: Copyright Agent c/o Credit Manager 5900 Balcones Drive # 27712, Austin, TX 78731 By Phone: 888-986-9879 By E-Mail: info@creditmanager.io
Site Access
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
Your Account
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts, and remove or edit content submitted by you in the “My Account” area of the Site.
Links
Disclaimers and Limitations of Liability
The Site is provided on an “AS IS,” “as available” basis. Neither Credit Manager, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither CreditManager.io, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. Further, CreditManager.io makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. CreditManager.io specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by CreditManager.io shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall CreditManager.io or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to CreditManager.io records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of CreditManager.io has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
Online Conduct
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you (e.g., through an author chat, online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Site. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of CreditManager.io, its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of CreditManager.io or any third party. Notwithstanding the foregoing, neither CreditManager.io nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither CreditManager.io, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
Your Consent for Notices We Send You
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in the electronic form to the e-mail address you specified when you created an account through the Site or with any subdivisions of the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Applicable Law
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Texas, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and CreditManager.io and/or its Associates.
Prices and Availability of Products
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Sales Order Confirmation or a Shipping Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently canceled due to the unavailability of the product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received a Sales Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third-party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
Notice to Site Users on Collection of Tax and User Waiver of Damages Owing to Error in Calculation of Tax
Because of the new economic Nexus policies adopted by the Supreme Court, we are required to collect sales tax in the following states: FL, GA, CO, PA, OK, IL, IN, LA, MD, MI, MN, NC, NJ, SC, WI, WA, and UT. However, many states require that their residents file a sales or use tax return for items purchased on this Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In some states, we collect and remit sales tax.
Risk of Loss
All items purchased from CreditManager.io are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
These Terms and Conditions were last revised and made effective as of May 28,2020.
General
Credit Manager Inc grants you a non-exclusive, non-transferable limited license to use Credit Manager Inc Merchant Services and related resources in accordance with these Terms of Use. You agree not to infringe on our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.
You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
- Electronic Delivery
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to:- agreements and policies, such as this Agreement and our Privacy Policy, including updates thereto;
- annual disclosures;
- transaction receipts or confirmations;
- communication in relation to delinquent accounts (which may also be by phone, and may be made by Credit Manager Inc or by anyone on its behalf, including a third party collection agent);
- account statements and history; and
- federal and state tax statements.
We will provide these Communications to you by emailing them to you at the primary email address listed in your Account registration, by emailing you a link or instructions how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature.
By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.
- How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us through Customer Support or as outlined in our Privacy Policy. If you withdraw your consent to receive Communications electronically, Credit Manager Inc Financial may deny your registration for an Account, restrict or close your Account, or charge you additional fees for paper copies. - Collaboration
You may provide access to certain apps to authorized users (called Guest Collaborators). An authorized user is someone designated by you via the Guest Collaborator functionality available in Credit Manager Inc. Such authorized users may have access to your account information and perform various tasks as instructed by you which include but are not limited to creating invoices, categorizing transactions, and any other lawful tasks that you may prescribe. If you administer your Credit Manager Inc account on behalf of a business or corporation, you represent and warrant that you have the right to provide access to your Guest Collaborators.Credit Manager Inc may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. Credit Manager Inc may also limit the geographic locations or jurisdictions where certain Services may be available.Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of Credit Manager Inc or the Services whatsoever is to discontinue using Credit Manager Inc and the Services.You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using Credit Manager Inc or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines. You authorize us and our service providers and their vendors and subcontractors to monitor your website and your use of the Services. You represent and warrant that you have obtained all required consents and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of Credit Manager Inc and the Services. Credit Manager Inc accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using Credit Manager Inc or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
- Other Information You Provide Us
While using the Services, we may also collect information from you about someone else. If you provide us with personal information about someone else, you are obligated to ensure that you are authorized to disclose that information to us, and that we, without further action, may collect, use, and disclose that information for the purposes described in this policy.Credit Manager Inc may require you to assist with any requests by the individual to access or update their information, and you agree to do so.
Conditions of Usage.
You agree to use Credit Manager Inc and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.
If you register an account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and from time to time in connection with your use of Credit Manager Inc. Your registration for any of Credit Manager Inc constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a username and password. You are responsible for keeping your user name, password, account details, and all information required in connection with your use of Credit Manager Inc (e.g. employee information if you use Credit Manager Inc Payroll) confidential and up to date. If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business’s principals to open the account and that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us we may be required to provide access to the Credit Manager Inc account. You agree to hold harmless and release the Credit Manager Inc Parties from any liability if we do so.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the Credit Manager Inc Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Credit Manager Inc Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
We are responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by Us on Your behalf. “Cardholder Data” is defined as being the cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. Credit Manager Inc has developed strict security features to protect Cardholder Data, and as such it is required that this data only be used in anticipated ways and stored in appropriate places.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN CREDIT MANAGER INC, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where Credit Manager Inc explicitly requests such data be entered into such fields). YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM PROCESSING PAYMENTS FOR ANY SERVICES OTHER THAN CREDIT REPAIR, CREDIT COUNSELING, AND/OR CREDIT REPAIR COURSES YOUR REGISTERED ACCOUNT WAS INTENDED FOR.
YOU ARE PROHIBITED FROM USING ONE TERMINAL ID AND PAYMENT GATEWAY UNIQUE TO ONE CREDIT REPAIR COMPANY MANAGED BY CREDIT MANAGER, INC TO PROCESS PAYMENTS FOR A DIFFERENT COMPANY NAME, EVEN IF THE ADDITIONAL COMPANY IS MANAGED BY CREDIT MANAGER, INC. EVERY CREDIT REPAIR COMPANY REQUIRE ITS OWN UNIQUE TERMINAL ID AND PAYMENT GATEWAY.
Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. For clarity, it is not permissible to store cardholder data in fields with labels such as ‘memo’ or ‘note’. Similarly, excluding payment forms, you must never enter CVV2 data into any fields in Credit Manager Inc. You assume all responsibility for any cardholder data entered into Credit Manager Inc in violation of this Agreement.
Online Access to Financial Institutions and Other Services.
Certain online services (including access to online banking, online payments, online invoicing, digitization, storage of receipts, certain payroll related services, Credit Manager Inc and other online services related to the use of the Site) are provided by financial institutions and other third party service providers and not by us. You agree to hold harmless and release the Credit Manager Inc Parties from any liability relating to your use of such online services. Your access to and conditions of use of such services may be limited in accordance with the terms of use published by such third party provider. You represent and warrant that you have the right to provide us with usernames, passwords, personal information and other access credentials which we may require to access any third party services or accounts in connection with the Services.
Credit Manager Inc does not provide professional accounting services. If you use Credit Manager Inc services, you agree that you do so at your own risk. Unless expressly stated to the contrary, Credit Manager Inc does not pre-qualify, review, or endorse Credit Manager Inc and we provide no representation or warranty as to the background, reputation, character, qualifications, skills, insurance, work product, services, advice, recommendations or quality of Credit Manager Inc. If you use a Credit Manager Inc service, you acknowledge that you are doing so at your own risk and hereby agree to release and hold Credit Manager Inc harmless from any or Claims arising from your use of Credit Manager Inc, as further set out in the section below. Credit Manager Inc does not purport to provide you with any financial or accounting advice and you agree to release and hold Credit Manager Inc harmless for and from any Claims (as defined below) arising from your use of a Credit Manager Inc to provide you with technical support in relation to Credit Manager Inc, as further set out in the section below.
Copyrights, Trademarks and Intellectual Property.
Credit Manager Inc and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using Credit Manager Inc and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within Credit Manager Inc constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using Credit Manager Inc by a user or otherwise provided for accessing Credit Manager Inc on the user’s behalf shall at all material times remain the property of the user. The user hereby grants to Credit Manager Inc a worldwide, perpetual, royalty free, nonexclusive right and license to use all content provided by the user in connection with Credit Manager Inc and the Services for uses related to the delivery of the Services.
Materials on and relating to Credit Manager Inc, including the content of Credit Manager Inc and any software downloaded from Credit Manager Inc, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, Credit Manager Inc reserves all rights in and to such materials. The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of Credit Manager Inc or any content therefrom without Credit Manager Inc’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to Credit Manager Inc.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a subscriber using the Services. Your use of screenshots is subject to the following:
- no screenshot may be used from any beta version of Credit Manager Inc unless it has been commercially released to the public;
- the use is for illustrative purposes;
- the use may not imply any endorsement or affiliation by or with Credit Manager Inc;
- the screenshot does not contain any commentary which may appear to have been attributable to us;
- the screenshot does not contain any third party content; and
- the use does not infringe on any of these Terms of Use.
Prohibited Use.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user shall use any means to restrict or prevent another user from accessing or enjoying Credit Manager Inc.
No user shall be permitted to upload material into Credit Manager Inc that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use Credit Manager Inc and the Services in a manner which could block access to, impair, damage or otherwise disable Credit Manager Inc or any of our servers. You may not attempt to gain unauthorized access to Credit Manager Inc or to any other user’s accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Credit Manager Inc in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on Credit Manager Inc, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize Credit Manager Inc under false pretenses.
Limitation of Liability.
THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE CREDIT MANAGER INC PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A “CLAIM”) WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF CREDIT MANAGER INC AND ITS SERVICES AND ANY RELATED APPLICATIONS INCLUDING THE PRO NETWORK AND THIRD PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO CREDIT MANAGER INC; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF CREDIT MANAGER INC AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.
FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, CREDIT MANAGER INC AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.
EXCEPT IN THE MANNER PROVIDED FOR IN THESE TERMS OF USE, CREDIT MANAGER INC, ITS LICENSEES, AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS, DISCLAIM, AND EXPRESSLY DO NOT PROVIDE ANY DIRECT OR INDIRECT, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR MERCHANTABILITY OR MERCHANTABLE QUALITY; OR THAT CREDIT MANAGER INC, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY WILL: (I) BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR INTENDED USE; (II) MEET THE USERS’ REQUIREMENTS AND EXPECTATIONS; (III) BE UNINTERRUPTED, FLAWLESS, TIMELY, ACCURATE, RELIABLE, SECURE OR ERROR FREE, OR; (IV) BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CREDIT MANAGER INC AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOU AGREE TO USE CREDIT MANAGER INC, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO CREDIT MANAGER INC AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF CREDIT MANAGER INC AND SERVICES FOR YOUR INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING CREDIT MANAGER INC AND THE SERVICES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 IN CONNECTION WITH ANY RELEASE PROVIDED BY YOU IN THESE TERMS OF USE, INCLUDING THE FOREGOING, WHICH SECTION STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Ownership and Disclosure of Information.
You own all of your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and Credit Manager Inc. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
- for the purposes of fraud prevention and law enforcement;
- to comply with any legal, governmental or regulatory requirement;
- to our lawyers in connection with any legal proceedings; and
- to comply with a court order.
If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. Credit Manager Inc Financial’s Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.
Third Party Links, APIs and Content.
You may when using our Site and Services be directed to websites maintained by other third party service providers.
Some of the functionality of the Services and Credit Manager Inc interoperate with, and are highly dependent upon, application programming interfaces (APIs) from third parties, such as Google and Facebook. If at any point such third party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using Credit Manager Inc and the Services. In addition, if you authorize us to do so, we may grant third parties access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services.
You acknowledge that such sites and services are completely independent of Credit Manager Inc and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites. In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third party services. You acknowledge that any use of the products and services offered by such third party services providers (e.g. for the purposes of payment processing, direct deposit services, payroll tax return preparation, filing and government remittances) will be at your sole risk. You acknowledge that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to your use of Credit Manager Inc. The availability of such third party services in connection with Credit Manager Inc does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third party provider or its products or services.
Authorization to Export Data.
The subscriber and the user acknowledge that we may retain a copy of his/her/its transactional information gathered through the use of Credit Manager Inc and other information uploaded on the subscriber’s account. We may in certain circumstances export user information outside the city of Corpus Christy and outside of the United States of America. We shall not share personal information with anyone except in the manner provided in our Privacy Policy.
Force Majeure.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labor disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
Severance.
All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Use should be determined to be unenforceable the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law and Dispute Resolution.
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Los Angeles, California and the laws of the United States of America applicable therein as applied to agreements entered into and to be performed entirely within Los Angeles, California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Los Angeles, California. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of Los Angeles, California.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
Registration Information.
You and your users are responsible for maintaining the confidentiality and security of usernames, passwords and other access credentials which allow the use of Credit Manager Inc and access to the Services. You understand and agree that you are liable for unauthorized use of your account.
Consumer Issues.
Unless you subscribe only to our Credit Manager Inc Personal application, in which case this section does not apply to you, you acknowledge and agree that you will only use Credit Manager Inc and the Services for business purposes and not for personal, family or household purposes.
No Waiver.
No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.