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Terms and Conditions

Welcome to CreditLink ....... legal agreement (“Agreement”). Please read carefully the terms and conditions of use contained herein as it govern access and/or use of the platform or its mobile application including without limiting functionalities, materials, features, content and tools thereto (collectively “Platform”) . Furthermore, these terms and conditions of use contains Arbitration Clause that waives user’s rights to a court hearing or jury trial and a class action waiver meaning that you cannot participate in any class action lawsuit to enforce this Agreement.

This terms and conditions of use (“Terms of Service”) is between you (“You” or “User”) and CreditLink ....... (“CreditLink”, “We”, “Our”, “Us”, “Our” or “Website”). CreditLink services are being provided to Users expressly subject to this Agreement. EACH TIME YOU ACCESS OR USE (OR BY CLICKING TO ACCEPT WHEN THE OPTION IS MADE AVAILABLE TO YOU) THESE SERVICES PROVIDED BY THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE, PRIVACY POLICY OF THIS WEBSITE, AND RELATED APPLICABLE LAWS INCLUDING ANY OTHER TERMS EXPRESSLY INCORPORATED BY REFERENCE TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE OR ANY OF ITS PROVISIONS THEREOF, YOU SHOULD CEASE TO ACCESSING AND/OR USING THE PLATFORM AND UNINSTALL OUR MOBILE APP FORTHWITH.

Eligibility and User Obligation

CreditLink services is made available to users who are 18 years of age or older. The CreditLink Platform is not designed or intended for use by individual under the age of 13 (thirteen) years, and We do not intentionally, knowingly or willingly collect personal information of such individuals for any purpose. You represent that You have attained the required age and legal capacity to enter a binding agreement with CreditLink and will, at every material times, provide current, true, accurate, and complete information for which You have the authority, right(s), permission(s) to provide when submitting application via CreditLink Platform. Additionally, You represent and warrant that You are responsible for compliance with all laws and regulations related to the use of the Platform.

Modifications, License and Restrictions

CreditLink reserves the rights and may at its sole discretion at any time modify, add or completely change this Terms of Service (“Revised Agreement”), and will notify You of such changes by posting the Reversed Agreement on its Platform. All modifications will take effect upon posting and we will indicate on the Terms of Service the last revised date. Your continuous access and use of the Platform after posting the Reversed Agreement represents and constitute your consent to the modifications and are bound by the Agreement.

Subject to continued compliance with this Terms of Service, by accessing and using this Platform, You are conferred with non-exclusive, revocable, non-subliensable, non-transferable, and Personal license. For the purpose of the aforementioned license, you shall not while accessing or using this Platform directly or indirectly: (i) disassemble, decompile, reverse-engineer, or utilize any other methods to uncover any source code, algorithms, or trade secrets that are foundational to the Platform or any of its components; (ii) adapt, combine, create derivative works of or otherwise modify the Platform; (iii) encumber, sublicense, transfer, distribute, rent, lease, time-share or use the Platform in any service bureau arrangement or similar commercial purposes; (iv) employ the Platform to develop any service, software, or documentation that provides functionality substantially similar to that of the Platform; use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any third party’s authorized use of the Platform; (v) use or access the Platform for any fraudulent, deceptive, unlawful, malicious, or otherwise harmful or injurious purpose; (vi) engage in any “data mining,” “deep-link,” “page-scrape,” or utilize “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Platform; (vii) probe, scan, or test the vulnerability of the Platform or any systems or network infrastructure connected with the Platform, including, without limitation, by stress testing or penetration testing or (vii) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Platform.

CreditLink Account

To use CreditLink services, You will be required to create and register a CreditLink account through this Platform. Except otherwise explicitly agreed by CreditLink, a User shall register a single CreditLink account only. Account registration may necessitate access requirements such as a username and a password including other Credentials as CreditLink may from time to time at its discretion designate. Your access credentials are confidential and You shall not disclose them to any third party except with an explicit written consent of CreditLink which CreditLink may accept or reject at its sole discretion without any reason. In the event that You become aware or suspect an unauthorized use of your credentials, theft, or loss, You shall forthwith notify CreditLink. The Platform shall not be liable for any acts or omissions, failure, negligence or otherwise resulting to any loss or damage to treat you Login Credentials as confidential. By completing registration form and submitting required information via the Platform, You represent and warrant that the information is true, accurate, current, and complete. In addition, if there is any change(s) to the information You submitted for the account registration, You shall promptly update the registration information in order to maintain true, accurate, current, and complete information with CreditLink. During and after account registration, CreditLink reserves the right at its sole discretion to pend and discontinue registration, suspend or terminate registration on a reasonable suspicion of violation of any applicable law, this Terms of Service, or for providing and submitting untrue, inaccurate, incomplete and failure to update current information.

Links to Third-Party Site

CreditLink Platform contains certain links made available by third parties. These third-party providers links are for the purpose of user convenience and we do not have control over these links. BY USING THIS PLATFORM, CREDITLINK EXPLICITLY DISCLAIMS RESPONSIBILITY AND LIABILITY ARISING FROM ANY THIRD-PARTY PROVIDERS APPLICATIONS, PROGRAMS, MATERIALS, PRODUCTS, TOOLS, INCLUDING SERVICES OFFERED VIA THE PLATFORM. YOU ACKNOWLEDGE AND CONSENT THAT CREDITLINK SHALL NOT BE LIABLE FOR ANY RISK AND LOSS ARISING FROM YOUR ACCESS AND/OR DEALING WITH THE THIRD-PARTY PROVIDERS LINKS WHETHER MADE AVAILABLE BY THE PLATFORM OR OTHERWISE, AND ARE BOUND TO COMPLY WITH THEIR TERMS AND CONDITIONS.

Receiving Communications

By using CreditLink Platform and accepting our Terms of Service, You explicitly agree that the Platform may send You emails and other notifications including our third-party service providers as it relates to the services there offer our Platform users, and further consent that such communications are valid legal notices and complies with any requirement that such notices shall be in writing.

Reporting Services

CreditLink Services enables users to report their residential rent payments, utilities and subscriptions information (“Reporting Services”) through the Platform to National Consumer Reporting Agencies (“NCRA”) in particular Exprian, Equifax, and TransUnion (herein “Consumer Bureaus”).

You understand and acknowledge that consumer credit reporting services is subject and in accordance with the Fair Credit Reporting Act (“FCRA”) as amended, applicable laws, and guidelines made by and for the Consumer Bureaus. Also CreditLink has no control or influence on whether user data will be accepted, if accepted how it will be calculated and scored by the Consumer Bureaus, or will otherwise be used. Factors such as delinquency of payment owed by a user may impact user’s credit score negatively. You may visit each of the Consumer Bureaus website. In addition, We cannot guarantee the accuracy of the Bureaus’ data on your Credit Report. See hereunder disputing report information. Therefore CreditLink is not responsible and disclaim any liabilities, losses, damages, or adverse effect on your credit score or history.

The major rights of a consumer under the FCRA includes but not limited to right to be informed if your information on your file has been used; know what that is contained in your file, dispute incomplete or inaccurate information; ask for credit score; ask for damages from violators; limited access to your file, consent to providing your report to employer; not to report outdated negative information; correction or deletion of incomplete, inaccurate or unverified information; limit prescreened offer of credit and insurance; identity theft issue, entitlement of free disclosure every 12 months; and security freeze. See www.consumerfinance.gov/learnmore for more details, https://files.consumerfinance.gov/f/documents/bcfp_consumer-rights-summary_2018-09.pdf or write to Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.

A User may dispute information on their credit report (“Disputing Report Information”) provided by Consumer Bureaus for inaccurate information either directly to the Consumer Bureaus or to the Platform. The Consumer may contact Experian, Equifax or TransUnion via online.

In the event a User is of the view that the inaccurate information on their credit report is as a result of information we furnished to the Consumer Bureaus, You may notify CreditLink Support at …………… (enter the email contact address) and include the following information as part of dispute notice:

  • User’s name
  • Specific description of the dispute
  • The basis of disputed information
  • User’s address of contact
  • Any supporting documents which may include disputed report.

After the dispute notice, CreditLink will investigate the dispute and make determination. For details of the investigation and determination procedures including further clarification, contact our Customer Support.

By using CreditLink Reporting Services to verify your residential rent payment, utilities, or subscriptions, You understand and acknowledge that You are giving us an explicit written instruction to furnish You and your payment information to the Consumer Bureaus in line with the provisions of the FCRA and related applicable laws. The Platform Reporting Services may allow You to use the method of our third-party processor to retrieve your third-party financial information, or to upload them (which is limited to residential rent payment lease information). At all material time You represent and warrant that all information You will submit to CreditLink Reporting Services are accurate, complete, true and current and that the Platform will not take any step otherwise to that effect.

In order to facilitate the Reporting Services, You are required to provide further identity information which includes social security number, date of birth, zip code, and address of your lease. Additionally, You may also be required to grant us access to your certain account information which you hold online with your third-party financial institution to enable our third-party service provider link You directly with your identified financial institution and process your payment information which You made via the said financial institution.

Our third-party service provider will process and submit your login information into your third-party financial institution site. For this purpose, You may be required to grant and authorize our third-party processor to store and use information You submitted to enable CreditLink Reporting Services. You also explicitly acknowledge and authorize CreditLink to access and use the bank account information as necessary to facilitate Reporting Services to the Consumer Bureaus.

Consumer Bureaus Report

In order to facilitate Our Reporting Services via this Platform by presenting your credit score and other related information to you, when You create CreditLink user account, You explicitly acknowledge that You are instructing Consumer Bureaus as well as other reporting agencies in writing and in compliance with the provisions of the FCRA including other related laws, to allow CreditLink to request and be furnished copies of your credit score, consumer report and other information concerning You.

You further acknowledge that for the period You maintain user account with CreditLink that your instruction subsist and permits Us to request and be furnished such information for presenting such details to You through our Platform, supplying authorized entities with de-identified and aggregated metrics, and performing research, analysis, and other related activities as are allowed by this Terms of Service including Privacy Policy. Information presented to You by us on the Consumer Bureaus' report is not a tax, financial, legal or professional advice.

CreditLink Mobile App Apple Store Users

The Terms and conditions contained in this clause are applicable to You solely if You have downloaded CreditLink mobile application from Apple App Store. You acknowledge that this Terms and Conditions is an agreement between CreditLink and You and that Apple Inc. (“Apple”) holds no responsibility for the App or its associated content. You acknowledged that the license granted under this Terms and Conditions relating to the App is a non-transferable license to You in order to use the App on any Apple devices that You own or control as permitted by this Terms and Conditions and the Usage Rules specified in the Apple Media Services Terms and Conditions. You also acknowledge that Apple has no obligation to provide any maintenance or support services related to the App and in the event that CreditLink mobile app fails to meet any applicable warranty standards, You may notify Apple, and Apple will refund the purchase price (if any) of the App to You, and subject to the fullest extent allowed by applicable law, Apple will have no further warranty obligations regarding the App. You further acknowledge that Apple is not liable for addressing any claims made by You or a third party concerning the App or your usage of the App, which includes but not limited to product liability claims, any assertion that the App does not comply with any relevant legal or regulatory standards, or claims arising under consumer protection, privacy, or similar legislation. You and CreditLink acknowledge that in the event of any third-party claim that the App or your possession and use of it infringes upon a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or resolution of such claims. You and CreditLink further acknowledge that Apple and its subsidiaries are considered third-party beneficiaries of this Terms and Conditions, and upon your acceptance of this Terms and Conditions, Apple will possess the right (and will be regarded as having accepted the right) to enforce this Terms and Conditions against You as a third party.

Third-party Service

Third party services may be accessed by a User of CreditLink Platform. In such case, CreditLink does not make any representations as to their products and/or services. You understand and acknowledge that this Terms of Service operates in addition to the third-party terms and conditions, and CreditLink Terms of Service do not alter, modify or supplement the third-party terms and conditions thereof.

Subscription Fees

Subject to cancellation, upon subscription to CreditLink services, You understand and acknowledge that your subscription fee, by default, will automatically renew and applicable fee will be charged to your payment method.

As a user of CreditLink services You agree:

  • that certain services of CreditLink requires recurring renewal subscription fees,
  • to pay when due all subscription fees for using the Platform including any and all applicable taxes via a valid payment method,
  • that You will contact your financial service provider in the event of any change to your payment method and/or that You do not want your payment method to be automatically updated and charged subscription fees,
  • to update your billing information on the CreditLink when there is any change in your payment method on the Platform,
  • that we reserve the right at our sole discretion to cancel or suspend your CreditLink account, to reject your subscription fee renewal on decline of your payment method or for any reason.
  • that at our sole discretion and at any time, we may adjust our subscription fees for any certain services we provide and we will notify You via email of such adjustment and takes effect on subsequent subscription fee renewal. If You do not accept the subscription fee adjustment, You may opt out and cancel your subscription prior to subscription fee renewal date.

Upgrade and Cancellation

You may upgrade your subscription plan at anytime during your subscription period. However, You will not be entitled to any refund as your purchase is a digital product and deemed as used.

By notice to CreditLink customer support, You may request to cancel your subscription. Upon the cancellation of your subscription, You are not entitled to any refund of subscription fee and CreditLink is not under any obligation to so do for unused period. We may decide at our sole discretion and determination to provide refund on cause such as our operational failure and related issues. Further note, we reserve the right at our sole discretion to terminate this Terms of Service without any reason and notice to You, or suspend or cancel and terminate your CreditLink account without any liability to You.

Warranties Disclaimer

CREDITLINK SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE (OR ANY ONE ASSOCIATED WITH CREDITLINK) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF CREDITLINK SERVICE OR THE PLATFORM IS, INCLUDING BUT NOT LIMITED, DEVOID OF RISK, OPERATIONAL ERROR FREE OR ON AN UNINTERRUPTED BASIS, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREDITLINK HEREIN DISCLAIM ANY AND ALL WARRANTIES, IMPLIED OR EXPRESS, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. YOU FURTHER ACKNOWLEDGE THAT CREDITLINK MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND AS TO THE QUALITY, ACCURACY, LEGALITY, RELIABILITY, EFFECTIVENESS, CONTENT, INFORMATION TIMELINESS OF SERVICE MADE AVAILABLE IN CONNECTION THERETO OR ANY RESULT THEREOF. YOU ACCEPT THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE RESULT OF ACCESS AND USE OF THE PLATFORM AND THAT YOUR ACCESS AND USE OF THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK SUCH THAT CREDITLINK SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREOF UNDER ANY CAUSE OF ACTION OR LAW NOW KNOWN OR HEREAFTER ESTABLISHED.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREDITLINK, ITS ASSOCIATES AND/OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS, OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, SUSPENSION AND/OR TERMINATION OF YOUR CREDITLINK ACCOUNT, EVEN IF SUCH DAMAGES WERE REASONABLY FORSEEABLE OR IF CREDITLINK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OR DAMAGES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR IN ANY FORM) IN EXCESS OF, OR GREATER OF $100 OR THE AMOUNT OF YOUR CREDITLINK SUBSCRIPTION FEE IN THE PAST TWELVE (12) MONTHS THEREOF. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY HEREIN PROVIDED.

You acknowledge that all disputes, claims, or controversies of any nature (collectively a “Dispute”) that arise from or relate in any manner to (i)your access to or utilization of CreditLink services (without limiting any and all Services offered by CreditLink now or in the future), (ii) the CreditLink platform, (iii) any communications You receive. CERTAIN APPLICABLE LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT OF SUCH APPLICABLE LAW, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW

Dispute Resolution and Arbitration

Please read this provisions carefully and acknowledge that it restricts your rights in the event of any dispute between You and CreditLink. You acknowledge that You have the option to reject this provision as outlined herein.

  • You agree that in the case of any dispute with CreditLink, You will first reach out to CreditLink and make a sincere and sustained effort to resolve the issue prior to engaging in arbitration as specified in this section. You may contact us via email ………………... (email and mail address)
  • You and CreditLink acknowledge that all disputes, claims, or controversies of any nature (collectively a “Dispute”) that arise from or relate in any manner to (i)your access to or utilization of CreditLink services (without limiting any and all Services offered by CreditLink now or in the future), (ii) the CreditLink platform, (iii) any communications You receive from CreditLink, (iv) the Terms of Service (both previous versions and amendments), or (v) CreditLink policies (including and not limited to the Privacy Policy), shall be resolved solely through binding arbitration conducted in accordance with the Federal Arbitration Act (“FAA”), and not in a court of law. However, You and CreditLink may file claims in small claims court if such claims are eligible and remain in small claims court, or pursue equitable relief in court for violations or misuse of intellectual property rights. This Arbitration Agreement will survive the termination of Your relationship with CreditLink and will continue to govern any disputes that arise thereafter. This Arbitration Agreement also relates to disputes that emerge or involve future interactions.
  • To the maximum extent allowed by applicable law, both You and CreditLink agree that any dispute resolution process will take place solely on an individual basis and not in a class, consolidated, or representative action. If, for any reason, a claim is pursued in court instead of arbitration, both You and CreditLink waive any entitlement to a jury trial. Consequently, proceedings to resolve or litigate a dispute in any forum will be conducted only on an individual basis.
  • You and CreditLink agree that this Agreement represents a transaction that involves interstate commerce; thus, regardless of any other provisions herein relating to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. The arbitration will be managed by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) that are in effect at that time, unless modified by this section of the Arbitration Agreement. The arbitration will take place before a neutral single arbitrator, whose decision will be final and binding. These rules are available on the AAA website at www.adr.org.
  • Prior to initiating an arbitration proceeding, You must first provide Us with a written notice of dispute (“Notice”) that includes your name, address, and contact information, the details of the dispute, and the relief sought. You must send your Notice to…………….. You and CreditLink agree to wait thirty (30) days prior to commencing proceeding a period within which the parties will in good faith take steps to resolve the dispute, and unless it fails either party may commence arbitration proceeding.
  • You understand and agree that in arbitration, there is neither a judge nor a jury, and the review of an arbitration award by a court is restricted. Nevertheless, an arbitrator is authorized to grant damages and relief on an individual basis equivalent to what a court could provide including injunctive and declaratory relief or statutory damages, and must adhere to this Terms of Service as a court would.
  • Every aspect of the arbitration, including but not limited to the proceedings, communications, documents exchanged or produced during the arbitration, and the arbitrator’s decision or award, shall remain strictly confidential and shall not be disclosed to any third party, except as mandated by law, necessary to enforce the arbitration award, or as mutually agreed in writing by all parties.
  • The arbitration proceeding will be conducted, at the discretion of the party requesting relief, via telephone, online, or exclusively based on written submissions. If You initiate arbitration, your arbitration fees will be restricted to the filing fee outlined in the AAA’s Consumer Arbitration Rules. Unless the arbitrator determines that the arbitration was frivolous or initiated for an improper purpose, CreditLink will cover all other AAA and arbitrator’s fees and expenses.
  • Under no circumstances shall any claim, action, or proceeding initiated by You or CreditLink be filed more than one (1) year following the occurrence of the cause of action as it will be deemed barred.
  • Any judgment resulting from the award issued by the arbitrator may be entered in any court that has the appropriate jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods will not apply.
  • You have the option to opt out of this Arbitration Provisions solely by sending a written notice ("Opt-Out Notice") to CreditLink at ………………………….. (physical address) within thirty (30) days from the date You electronically accepted this Agreement. The Opt-Out Notice must explicitly indicate your rejection of arbitration, reference this Agreement by date, include your full legal name, current address, and must be signed by hand. For the notice to be valid, it must comply with the aforesaid requirement.
  • No arbitration shall proceed on a class, representative, or collective basis (including as a private attorney general on behalf of others), even if the claims that are the subject of the arbitration had previously been asserted (or could have been claimed) in a court as class representative, or in collective actions in a court. Unless all parties to the arbitration provide written consent, no party 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 all parties to the arbitration provide written consent, an award in arbitration shall determine the rights and obligations of the named parties only, and solely with respect to the claims in arbitration. It shall not (a) determine the rights, obligations, or interests of anyone other than a named party, nor 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 possess the power or authority to waive, modify, or fail to enforce this section regarding 'no class actions', and any attempt to do so, whether by rule, policy, arbitration decision, or otherwise, shall be deemed invalid and unenforceable.
  • The parties acknowledge their entitlement to pursue claims through litigation in a court before a judge or jury; however, this right will be forfeited if any party opts for arbitration in accordance with this arbitration provision. Parties herein knowingly and voluntarily waive their rights to litigate such claims in a court before a judge or jury upon the election of arbitration by any party.
  • The arbitrator shall possess exclusive authority to resolve any dispute, which includes, but is not limited to, disputes that arise from or relate to the interpretation or application of the Arbitration Agreement, encompassing the enforceability, revocability, scope, or validity of the Arbitration Agreement or any section thereof. The arbitration proceedings will not be merged with any other matters or combined with any other cases or parties, except as explicitly stated in the subsection titled "Batch Arbitration." The arbitrator shall provide a written award and a statement of decision that outlines the essential findings and conclusions that form the basis of the award, including the calculation of any damages awarded. The arbitrator's award is final and binding on both You and CreditLink. This implies that, among other things, both You and CreditLink agree that an arbitral award shall not have a preclusive effect in any other proceedings involving different parties. Judgment on the arbitration award may be entered in any court that has jurisdiction. In any award of damages, the arbitrator shall adhere to the Liabilities and Indemnification Section and the Limitation of Liability provision of this Agreement.
  • Each party shall be responsible for their own attorneys’ fees and costs incurred during arbitration unless the arbitrator determines that either the substance of the Dispute or the relief sought in the Request was frivolous or was initiated for an improper purpose (as assessed by the standards outlined in Federal Rule of Civil Procedure 11(b)). If You or CreditLink need to invoke the authority of a court with competent jurisdiction to enforce arbitration, the party that secures an order compelling arbitration in that action shall be entitled to recover from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in obtaining such an order. The prevailing party in any court action concerning whether either party has fulfilled any condition precedent to arbitration, including the Informal Process mentioned above, is entitled to reclaim their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.
  • In the case of mass arbitrations, defined as 25 or more similar arbitration demands submitted against the same party or related parties by individual claimants represented by either the same law firm or law firms working in coordination, the ……………………….. Mass Arbitration Procedures and Guidelines (ref will be applicable. During these proceedings, the parties acknowledge that, despite any other stipulations in these Terms and Conditions, the Process Administrator and the arbitrators are empowered to execute the procedures detailed in the …………… which includes the ability to consolidate individual arbitration demands into a single coordinated proceeding. All provisions in this section that do not conflict with the ………….. Rules will remain in effect. Should this particular provision be deemed unenforceable, the arbitration agreement will be rendered null and void, and the parties will resolve the Dispute in accordance with the relevant legal provisions of these Terms and Conditions, necessitating that the claim be separated from the arbitration and pursued in the State or Federal Courts situated in the City and State of ……….(name of the state). Nevertheless, it is important to clarify that the Class Action Waiver and Representative-Type Action Waiver will continue to be effective and binding on the parties.

Notwithstanding any clause in this Agreement that may suggest otherwise, we understand and acknowledge that should CreditLink implement any significant alterations to this Arbitration Agreement in the future, it will inform You by either posting the changes on the Platform or supplying You with a copy via your account email. Your ongoing access and use of the CreditLink Platform and/or services, after the changes to this Arbitration Agreement have been posted, signifies your acceptance of those changes thereto.

Governing Law

CreditLink Terms of Service, the Platform, and the use of CreditLink services including any dispute arising therefrom or related thereof is governed by the laws of State of…………(insert the state) excluding its conflict of laws principles. Subject to this Terms of Service arbitration provisions, any lawsuit, claim or other legal action initiated between You and CreditLink under this Terms of Service shall be exclusively resolved in the Federal or State court of competent jurisdiction located in the State of ……………(insert the state), and You hereby explicitly consent to such jurisdiction for the ultimate resolution of the matter.

Independent Contractor

Under this Terms of Service, the relationship between You and CreditLink is that of independent contractor, and nothing contained herein or in your utilization of the Platform shall be construed as establishing any partnership, employment, joint venture, or agency relationship.

Security and Compliance

You understand that we reserve and retains the rights to observe, monitor, and record your activities on the Platform without prior notice or consent from You. Also the provision of the Platform is governed by applicable laws and legal procedures, and nothing in this document shall limit or diminish CreditLink’s capacity to adhere to requests or requirements from governmental bodies, courts, and law enforcement agencies with respect to your utilization of the Platform or the information supplied to or collected by the Platform in relation to such usage.

Export Control

You affirm and guarantee that You are not located in a country that is under a U.S. government embargo or sanction; or included on any U.S. government list of prohibited or restricted entities. You herein consent that You will adhere to all relevant sanctions and export control regulations, and that You bear full responsibility for ensuring that the Platform is accessed and/or utilized solely in compliance with all relevant sanctions and export control regulations.

Severability and Waiver

If any provision of this Terms of Use is found to be invalid or unenforceable by a court order or applicable law, that specific provision will be considered modified or removed from this Terms of Service to the fullest extent necessary as required by such court order or applicable law, while the remaining provisions of this Terms of Service will remain in full effect to the greatest extent allowed by applicable law.

In addition, lack of insistence or failure of CreditLink on the strict performance of any aspect of this Terms of Service shall not be interpreted as a waiver of any future default or failure of performance on your part. Any waiver by CreditLink of any right under this Terms of Service shall not be interpreted as a waiver of any other right or provision, nor shall it be seen as a waiver of the same right or provision at any other time.

Injunctive Relief

You and CreditLink agree that any violation of this Terms of Service which could be either threatened or actual, would inflict irreparable harm on CreditLink that cannot be easily measured in monetary terms, thereby leaving CreditLink without a sufficient legal remedy. Consequently, You agree that CreditLink is entitled, in addition to other available remedies, to pursue and obtain an injunction or other suitable equitable relief from a court of competent jurisdiction to prevent any such breach of your obligation(s) without the requirement of posting a bond or other form of security.

Information and Content

Information and content provided on the CreditLink Platform are not, and cannot replace, professional advice. Without limiting, the information and content may include graphics, statistics, reports, methodologies, practices, or illustrations. In addition, nothing on the Platform should be interpreted or construed as professional advice concerning financial, tax, or legal and other related issues. You consent that You bear full responsibility for your decisions, actions, and outcomes thereof, and You further acknowledge that CreditLink shall not in any manner whatsoever be held responsible for any decisions You make based on the information or content made available on the Platform by CreditLink or third-party providers.

Intellectual Property

The materials contained in the CreditLink Platform which includes but not limited to text, images, logos, graphics that are part of the Platform are protected under the United States and applicable intellectual property, copyright and trademark laws. Any proprietary content or software which are included in the Platform are owned by CreditLink or its third-party licensors, and all rights therein except for personal but non-commercial use are completely restricted without the express written permission granted by CreditLink.

Feedback, testimonials, or suggestions for improvements (“Feedback”) You provide to CreditLink or as You may voluntarily communicate with the Platform at any time, You represent and warrant that You grant CreditLink irrevocable, perpetual, fully transferable, free royalty worldwide rights at its sole discretion without any limitation, to use, make, sell or offer for sale, modify, reproduce, adapt, exploit or otherwise such Feedback. In addition, this license to Feedback shall remain in effect even after the termination or expiration of this CreditLink Terms of Service.

Indemnification

You consent to indemnify, defend, and hold CreditLink harmless along with its officers, directors, employees, agents, successors, and assigns from any losses, liabilities, damages, and expenses (including reasonable attorney's fees) that are related to or arise from your breach of this Terms of Service, applicable laws, or any third party proprietary or personal rights. Additionally, CreditLink retains the right, at its own expense, to take over the exclusive defense and control of any issue that would otherwise be subject to indemnification by You, in which case You will fully assist CreditLink in presenting any available defenses. You further agree that this provision survives this Terms of Service including account termination.

Copyright Notice

CreditLink respects copyright. As owner or agent of copyright owner, if you believes any content on the CreditLink Platform violates your intellectual property rights, you can send us a written notice. The written notice must include substantially the following as required by the Digital Millennium Copyright Act (17 U.S.C. § 512)

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.