Terms and Conditions | MyCreditLift

www.MyCreditLift.com Terms and Conditions of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use ("Terms of Use") apply to the website and related software owned, operated, licensed, and controlled by MyCreditLift, LLC, including its related, affiliated, or subsidiary companies (together, "MCL") located at www.MyCreditLift.com, and all associated MCL sites linked to this website (collectively, the "Site"). The Site provides Terms of Use for clients of MyCreditLift and tenants thereof (“tenants” or “users,” whether or not capitalized) enrolled in a Credit Reporting Program (“Program”) for which MyCreditLift serves as a furnisher of data (the “MyCreditLift Services” or the “Services”). 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 MCL 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.

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 Service.

Only authorized users may access or use the password protected and/or secured areas of the Site. You will create account login information, including a password, when enrolling to use the Services. You are solely responsible for maintaining the confidentiality of the username and password you designate during the registration process and for the activities occurring under your account login information. 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.

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 understand and agree to use the Services in strict compliance with the Gramm-Leach Bliley Act (U.S.C. Title 15, Chapter 94, Section 6801 et seq.) and similar state statutes, if applicable.

Reminders, Pre-Recorded Calls & Text Messages

On occasion, our customer service representatives, our affiliates and/or an automated telephone dialing system may call you to respond to your inquiry, provide reminder messages about your account and other important information regarding our or an affiliates’ products and services. In the event of the use of the automatic telephone dialing system, these messages are played automatically when the telephone is answered, whether answered by you or someone else. You give us, our affiliates and third party lender’s your consent to call any telephone number you have given to us, as well as any numbers we acquire that we can reasonably associate with your account, and to leave messages, whether pre-recorded or otherwise. If you are in default of your obligations to us, you authorize us to call you at any numbers you have provided us or we have obtained for you, to leave a message with a person or voice mail service stating our name and phone number, to text you, to write you at home and to acquire location information about you from references or employers on your application. You agree that we will not be liable to you for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us (or our affiliates) or that we (or our affiliates) place to you.

Reporting

In providing the MyCreditLift Services, MCL adheres to all FCRA any other applicable federal and state regulations when reporting payment or failure to make payments to the Credit Bureaus (as later defined). Users of the MyCreditLift Services acknowledge that their performance under their Lease (as later defined) may be reported to one or more of Equifax, TransUnion, and Experian (individually a “Credit Bureau”, together the “Credit Bureaus”), whether their performance is positive or negative. Users specifically acknowledge and agree that we may disclose any default under their rental payments, along with any other relevant information, to the Credit Bureaus. We will report payments or failure to make payments under your Lease to the Credit Bureaus, which in part is designed to assist parties in establishing a credit history and/or a credit score. Subject to FCRA and any other applicable federal or state laws, rules or regulations, the following restrictions apply to all users who have their payments or failure to make payments reported to a Credit Bureau:

Once payments or failure to make payments have been reported to a Credit Bureau, the reporting of those payments cannot be modified, amended or canceled unless a valid dispute is submitted by the user.
To be eligible for reporting to a Credit Bureau, MCL will need to verify the existence of a valid written rental lease agreement, including verifying that the user is listed as a lessee (“Lease”). Additionally, MCL requires verification of certain lease details with the landlord, i.e. the lease payment amounts due and due dates. If MCL is unable to verify any and all necessary information for reporting, MCL will not be able to report the user’s payments or failure to make payments to any Credit Bureau.
Notwithstanding the above, any party may dispute any entry on a credit report provided by MCL to a Credit Bureau in accordance with the FCRA.
MCL is not responsible for how a Credit Bureau may manage or use the information provided to them by MCL and you agree to hold MCL harmless against any such claims (all subject to the FCRA). For information regarding how each Credit Bureau collect, store, manage, use, modify, disseminate and distribute such information, please go to their respective websites 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 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. Please note that accurate adverse information on your credit report cannot be changed.
Potential Effect of Inconsistent or Termination of Credit Reporting. Once payment by a user for a particular bill or account has been reported to a Credit Bureau, the cessation of the reporting such bill or account (or the inconsistent reporting of such payments) to such Credit Bureau may negatively impact a user’s credit history, including the subsequent reporting of such bill or account following a period of no reporting on such bill or account, which may occur for a variety of reasons, including cessation of use of the MCL services. MCL shall not be liable for any claims, charges, demands, damages or adverse impacts on a user’s credit score or credit history if a user ceases using the Services or has inconsistent reporting.

Opt Outs; Continued Reporting

In the event you are permitted, by the terms of your Program, to opt out of the Program more than 30 days after the first day of your lease, you acknowledge that your landlord may continue reporting your payments or failure to make payments for the months remaining in your lease to us, in which event such information will be furnished to one or more Credit Bureaus. In that event, your landlord and not MyCreditLift will determine whether or not you will be billed for the Program during such period.

Identity Authentication

MCL obtains, verifies and sometimes stores personal information of its users. You authorize MCL, directly or through third parties, to make any inquires we consider necessary to verify your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or a financial account and verifying your information against third party databases or through other sources. If we cannot verify your information to the extent we deem necessary, we may not be able to allow you to use the Services. 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.

User Representations

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.

Termination/Access Restriction

MCL reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice or liability.

Privacy

The Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure.

Disclaimers

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.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the foregoing limitations may not apply to you.

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, the Content, the Services, 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.

Linking

This Site may contain 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.

General

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in the state and federal courts in Orange County, California in all disputes arising out of or relating to the use of the www.MyCreditLift.com website. 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 www.MyCreditLift.com website 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 www.MyCreditLift.com website. 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 www.MyCreditLift.com website 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 www.MyCreditLift.com website and your use thereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MCL with respect to the www.MyCreditLift.com website. 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 regulations.

Provide Accurate Information

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.

Limitations of Services

When using the Services, 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. Any information displayed or provided as part of the Services is for informational purposes only, may not be up to date, and should not be relied upon purposes. 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.

Acceptance of User Agreement and Changes

Your use of the Services constitutes your acceptance of this User agreement. This User agreement is subject to change from time to time. It is your responsibility to check this User agreement periodically for changes. Your continued use will indicate your acceptance of the revised User agreement. The licenses, user obligations, and authorizations described herein are ongoing.

Aggregated Data

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.

Ownership

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.

User Conduct

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.

Indemnification

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.

Disclaimer

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.

DISCLAIMER OF WARRANTIES

YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) 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.

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.

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.

Other Terms

You may not assign this User agreement. 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.