Terms and Conditions | MyCreditLift

www.MyCreditLift.com Terms and Conditions of Use

OWNERSHIP OF SITE; AGREEMENT TO TERMS AND CONDITIONS

These Terms and Conditions of Use ("Terms of Use" or “user agreement,” whether or not capitalized) apply to www.MyCreditLift.com, all related software owned, operated, licensed, and controlled by MyCreditLift, LLC, including its related, affiliated, or subsidiary companies (together, "MyCreditLift,” “MCL,” or “we,” etc.), and all associated websites, including but not limited to those websites associated with our clients and used by their Tenants for opting out of a Program (collectively, the "Site" or the “Sites”). It also provides information related to the Services provided by MCL. Capitalized terms used in this Paragraph are defined below.

The Site is the property of MCL and is provided to you expressly subject to these Terms of Use. Please read these Terms of Use carefully. These Terms of Use are intended to make you aware of the terms and conditions of your use of the Site. By using this Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE SITE OTHER THAN TO OPT OUT OF THE PROGRAM.

MCL reserves the right at its sole discretion to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MCL grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

These Terms of Use should be read in conjunction with the Privacy Policy that is also available on this website.

DATA FURNISHING; SERVICES; PROGRAMS; CONSENT

MCL serves as a furnisher of data to the Equifax, Experian, and/or Transunion, each of which is a Credit Reporting Agency (“CRA”; the formatting and reporting of data are the “Services,” which term may be used to refer to the use of the sites to opt out of a Program when specified herein). The data we furnish relates to the timely payment of monthly rent (“Rental Payments”) by individuals who are obligated under a lease (“Lease,” as further defined below) to pay such rent (each such individual, a “Tenant”). MCL reports such data for Tenants who are enrolled in a credit reporting program (a “Program”) offered by one of our clients and who have consented to such reporting. (The terms “consumers,” “users,” and “you,” whether or not capitalized, are used synonymously herein with the term “Tenant(s)”.) According to the terms of a Lease, each Tenant may withdraw consent to have data reported to a CRA at any time.

Further information regarding our Services can be found at www.mycreditlift.com. Further information regarding what Credit Report Agencies do with the information furnished to them can be found on the websites of Equifax, Experian, and Transunion, respectively.

INTELLECTUAL PROPERTY

This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by MCL, its affiliates or third parties and all right, title and interest therein shall remain the property of MCL, its affiliates and/or such third parties (collectively, the "Content"). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with MCL. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the internet, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of MCL.

SITE SECURITY

As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any MCL customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the MCL network or breach security or authentication measures without proper authorization; or (iv) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability and MCL has the right to suspend or terminate your account and refuse any and all current or future use of the Services.

Only authorized users may access or use the password protected and/or secured areas of the Site. If required, you will create account login information, including a password, when enrolling to use any services through this site. You are solely responsible for maintaining the confidentiality of the username and password you designate. You agree to immediately notify MCL of any disclosure or unauthorized use of your login information or any other breach of security. MCL is not liable for damages caused by your failure to comply with this section. MCL reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice or liability.

Failure to comply with the Fair Credit Reporting Act (“FCRA”) may result in state or federal enforcement actions, as well as private lawsuits. Any person who knowingly and willfully obtains a consumer credit report or score under false pretenses may face criminal prosecution. You agree to use the Site and any Services in strict compliance with the FCRA, with the Gramm-Leach Bliley Act (U.S.C. Title 15, Chapter 94, Section 6801 et seq.) and similar state statutes, if applicable.

REPORTING OF INFORMATION; DISPUTES; LIMITATIONS OF LIABILITY

Reporting

In providing the Services, MCL adheres to the Federal Credit Reporting Act and any other applicable federal and state regulations. Tenants who have consented to enrollment in a Program acknowledge that the timeliness of their Rental Payments will be reported to one or more of the CRAs.

To report Rental Payments for a Tenant, MCL will need to verify that the Tenant who has consented to enrollment in a Program is the listed lessee of a valid written rental lease agreement specifying an amount due monthly as rent (sometimes referred to as “base rent”) (“Lease”). MCL will also verify certain additional details (rent due dates, unit numbers, etc.). If MCL is unable to verify any and all necessary information for reporting, MCL will not be able to report a Tenant’s Rental Payments to any CRA. You understand and agree that when using the Services you will provide true, accurate, current and complete information about yourself and that you will maintain and update such information.

Errors; Disputes

In the event either MCL or a CRA identifies an error in a report submitted by MCL, the error will be corrected.
In the event a user believes there is an error in any report submitted by MCL or any in any CRA Product that is related to the reporting of Rental Payment, the user may initiate a dispute by reporting it directly to a CRA or to MCL by emailing disputes@mycreditlift.com.
MCL complies with all legal requirements for handling any dispute reported to us by a CRA or a user.

MCL is Not a Credit Repair Organization

MCL and its affiliates are not credit repair organizations and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating, nor does MCL charge consumers a fee for advice on how to change, modify or improve their credit file or score. You acknowledge and agree that you are not seeking to purchase, use or access the Services in order to do so.

MCL is Not Responsible for CRA Use of Data or Consequences of Terminated, Inconsistent, Resumed, or Third Party Reporting.

Not Responsible for CRA Use of Data. MCL is not responsible for, and has no control over, how a CRA may collect, manage, store, use, modify, report, or disseminate the information that MCL reports to a CRA. MCL is not responsible for, and has no control over, any credit report, credit history, credit score, or other product or service a CRA creates, provides, or disseminates (each, a “CRA Product”), including with respect to how a CRA Product is affect by information that MCL reports to a CRA. You waive and agree to hold MCL harmless against – to the maximum extent permitted by either the FCRA or any other applicable law – any claim, demand, suit, liability, or cause of action arising from (i) how a CRA collect, manage, store, use, modify, report, or disseminate information MCL reports to a CRA and (ii) any CRA Product. For information regarding how each CRA collects, manages, stores, uses, modifies, reports, or disseminates information, please go to their respective websites (links to which are provided at the beginning of these Terms of Use) or other sources of information they provide. Once the information is transmitted from MCL to a Credit Bureau, such Credit Bureau will obtain an ownership interest in that data.

Not Responsible for Consequences of Terminated, Inconsistent, Resumed, or Third Party Reporting. Once a payment, such as Rental Payment, has been reported to a CRA, the cessation of the reporting of further Rental Payments, or the inconsistent reporting of any particular payment, or the resumption of reporting of Rental Payments, may have a negative impact on a CRA Product. Withdrawing your consent to reporting by MCL (see Withdrawal of Consent; Opting Out, below) does not affect, limit, or prohibit reporting by your Landlord or any other third party in their sole discretion. You waive, and agree to hold MCL harmless against – to the maximum extent permitted by either the FCRA or any other applicable law – any claim, demand, suit, liability, or cause of action arising from the cessation of the reporting of Rental Payments after reporting has begun, the inconsistent reporting of any particular payment, the resumption of reporting of Rental Payments, and/or reporting by your Landlord or any other third party.

WITHDRAWAL OF CONSENT; OPTING OUT OF PROGRAM

Tenants are permitted to withdraw their consent to having Rental Payments reported at any time by following the instructions found on this Site and/or in the addendum related to the Program found in their Lease. Withdrawal of consent will result in opting out of the Program. In the event consent is withdrawn during the first month of your lease, MCL will endeavor to ensure that no Rental Payments will be reported, but in the event consent is withdrawn close to the end of the first month of your lease, MCL cannot guarantee that the opt out from the Program will be processed before the first rental payment is made. At any time consent is withdrawn, MCL will endeavor to cease reporting before the next reporting cycle, but in the event consent is withdrawn close to the end of a payment period, MCL cannot guarantee that the opt out from the Program will be processed before the next reporting cycle. You are advised to submit your withdrawal of consent as early as possible to ensure reporting ceases in a timely manner. Regardless of when such withdrawals are submitted, in the event reporting occurs after the withdrawal is submitted, your landlord and not MyCreditLift will determine whether or not you will be billed for the Program during such period.

CONDITIONS, LIMITATIONS, DISCLAIMERS, LIMITS OF LIABILITY, AND INDEMNITIES FOR USE OF THIS SITE

Conditions and limitations

This Site contains links to sites maintained by third parties. MCL is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information.
To use the Site, you agree that you are providing the following representations to MCL: (1) that you are over the age of 18; (2) that all information provided by you to MCL is truthful, accurate and complete; (3) that you understand that upon enrollment you are providing ‘written instructions’ in accordance with the FCRA for MCL to obtain information from your personal credit profile or other information from a consumer reporting agency; and (4) you understand that you are authorizing MCL to retain a copy of your personal credit information in its records along with other information that you are submitting upon enrollment, or within the Site at any time to use that information to provide the Services and third party offers from time to time.
When using the Sites, you may incur technical or other difficulties. Neither we nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur as a result of technical or other difficulties. Any information displayed or provided on the Sites is for informational purposes only, may not be up to date, and should not be relied upon. We and our service providers reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice.

No Warranty

MCL DOES NOT WARRANT THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MCL CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MCL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MCL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT BECAUSE MCL OBTAINS DATA FROM THIRD PARTIES THAT THE INFORMATION MAY, OR MAY NOT BE, COMPLETELY THOROUGH AND ACCURATE. YOU SHALL NOT RELY UPON MCL FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED IN USING THE SERVICES.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, NEITHER MCL, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF MCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, MCL'S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE OR SERVICES.

Indemnity

By using the Site, you agree to defend, indemnify, and hold harmless MCL from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that MCL may become obligated to pay arising or resulting from your use of this Site or your breach of these Terms of Use. MCL reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Some laws (such as the Fair Credit Reporting Act) and some jurisdictions do not allow the exclusion of certain warranties, certain limitations on liability, and/or certain indemnities. Accordingly, some of the foregoing limitations may not apply to you.

CONDITIONS, LIMITATIONS, DISCLAIMERS, LIMITS OF LIABILITY, AND INDEMNITIES FOR PARTICIPATION IN A PROGRAM

_________________________________________________________________________

Your consent to enrollment in a Program constitutes your consent to the Services, including those Services that MCL provides through a Site.

Conditions

You agree not to use the Services or the content or information delivered through the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for MyCreditLift or its service provider or cause MyCreditLift to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Services in such a manner as to gain unauthorized entry or access to computer systems.
You agree that MyCreditLift and its service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.
Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
To use the Services, you agree that you are providing the following representations to MCL: (1) that you are over the age of 18; (2) that all information provided by you to MCL is truthful, accurate and complete; (3) that you understand that upon enrollment you are providing ‘written instructions’ in accordance with the FCRA for MCL to obtain information from your personal credit profile or other information from a consumer reporting agency; and (4) you understand that you are authorizing MCL to retain a copy of your personal credit information in its records along with other information that you are submitting upon enrollment, or within the Site at any time to use that information to provide the Services and third party offers from time to time.

No Warranty; Disclaimer

YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYCREDITLIFT OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

The Services are not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither MyCreditLifts nor its third party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. MyCreditLift and its third party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, MyCreditLift and its third party providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. MyCreditLift and its third party providers do not warrant that the Services comply with the requirements of FINRA or those of any other organization anywhere in the world.

Limitation of Liability

YOU AGREE THAT MYCREDITLIFT AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.

Indemnity

You agree to defend, indemnify and hold harmless MyCreditLift, its third party service providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

APPLICABLE LAW

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in the state and federal courts in the State of Delaware in all disputes arising out of or relating to the use of the Services. You agree that all claims or causes of action shall be brought within one (1) year of the time the claim or cause of action arose or be forever barred. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MCL as a result of these Terms of Use or use of the Sites. MCL’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of MCL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by MCL with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and MCL with respect to the use of the Sites, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MCL with respect to the Sites. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Site and its Content are directed to persons residing in the United States. You may not use or export or re-export any portion of this Site or its Content in violation of any applicable laws or regulations, including without limitation United States export laws and

EXPORT RESTRICTIONS

You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.

NO ASSIGNMENT

You may not assign these Terms of Use. A determination that any provision of this User agreement is unenforceable or invalid shall not render any other provision of this User agreement unenforceable or invalid.