TERMS OF SERVICE

1. NO UNLAWFUL OR PROHIBITED USE:

You agree to not use the Site (which reference at all times herein includes its App) for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair the COMPANY Site or any of its services or interfere with any other party's use and enjoyment of the Site or use and enjoyment of third party's intellectual property rights. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the CREDITORX.COM Site, through any means. Except for the rights granted to You herein, all rights, title and interest in and to all intellectual property and/or proprietary rights, title and interest in or related to the Service(s), including patents, inventions, copyrights, trademarks, domain names, trade secrets or know-how (collectively,“Intellectual Property Rights”) shall belong to and remain exclusively with COMPANY.

2. AGE LIMITATION, PRIVACY AND POWER:

2.1  You Must Be Over 18: Use of this Site is limited to those over the age of 18 years of age or older. If you are under 18 then your parent or guardian must obtain the account for you, and they will be responsible for any of your actions. We do not solicit information from children or collect any such information of any sort.

2.2  Information we collect: When setting up an account or paying money COMPANY participants are required to give their full name, email address, and then billing information through secure third-party processors. Additional information is collected from third parties when they interact with our Site (see the associated specific terms) COMPANY collects personal information passively, by using cookies & IP addresses to track traffic analytics, to monitor visitors to our Site and to prevent fraud. This information is also used to improve the website. We also use third party utilities like google analytics on the Site. See our Privacy Policy for more details.

2.3  We do not rent, sell or share your personal information unless mandated by law. We may disclose generalized information garnered from all of our users in general.

2.4  1.1  If you are representing a COMPANY, you represent and affirm that you have the legal right to bind said COMPANY.

2.5  You have the right to edit your personal information at any time by logging into your account and or by deleting your account.

3. INTELLECTUAL PROPERTY RIGHTS:

3.1  Our Material: All material on this Site, other than the domain names listed by our clients, is owned by or licensed by  COMPANY. All of our material is protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent, trade secret and other applicable laws. You agree not to disassemble, decompile, reverse engineer or otherwise modify any of the material on this Site. You agree to not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any of the material without the express prior written consent of COMPANY. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable international, federal and state laws. You agree that your use of the Site and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of any transmissions through the Services for which you are responsible or which occur through the use of your password.

4. LINKS:

Links to third-party web sites from our Website are not necessarily under COMPANY’s control and we do not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites.

5. AVAILABILITY:

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

6. AMENDMENTS:

We may amend this document at any time by posting the changes to these Terms of Service without any notification to you unless they are material updates, in which case we will e-mail any of our customers to alert them. We also provide the date when last updated at the top of the Terms of Service. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Your continued use of the Site and service indicates your acceptance of the changes. You may not modify this Agreement without written permission from COMPANY.

7. TERMINATION:

COMPANY may in its sole discretion and for any reason, with or without notice, for cause or without cause, terminate your access to the Site and Services. You specifically accept this termination clause and waive any right to object to it in any dispute.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

In no event shall COMPANY be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the sites or services, with the delay or inability to use said site or related services, the provision of or failure to provide services, or for any information, software, products, services or otherwise arising out of the use of the Site whether based on contract, tort, negligence, gross negligence, strict liability, intentional acts or otherwise, even if COMPANY or any of its associates, suppliers, subcontractors or employees has been advised of the possibility of damages. We make no warranties of any sort. Further, our liquidated damages for any act if we are found to be liable for any act, shall be $50 USD including all costs and attorneys fees. You specifically agree that such an amount is reasonable. You may use this Site in accordance with these terms, but entirely at your own risk.  While we will strive to provide our services as advertised, we do not guarantee any amount of uptime or that the system will work as advertised.  If you lose income because you relied on our system then that is your loss, we take no responsibility for it and you agree that we are not responsible. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

9. NOTIFICATIONS:

You agree to notify us of any known or suspected wrongful acts or violations of this agreement and failure to do so shall be deemed a breach of this agreement.
If you wish to notify us of any matter the following contact information is provided below:

• Creditor X
• Address: 102 NW 2nd St #252 Boca Raton, Fl 33432
• Phone: 561-896-7551


• Legal: [email protected]
• Sales: [email protected]
• Technical Issues: [email protected]
• Billing: [email protected]

10. DISCLOSURES:

We reserve the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in our sole discretion.

11. THIRD PARTY CLAIMS, NOTIFICATIONS AND DISCLOSURES:

DISCLOSURES: As a matter of policy COMPANY will not provide any information about any clients without a valid court order issued from a United States court.  The reason behind this policy is to protect all parties involved. If you are a third party and believe any of the domain names on our Site violate your rights please notify us and we will investigate the matter.

12. SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.

13. ENTIRE AGREEMENT:

This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter.

14. YOUR PRIVATE INFORMATION:

Please see our separate Privacy Policy. We do not sell or rent any of your information. However, we may use it for our own marketing purposes. You agree that we may use your information to contact you and deliver information that, in some cases, is targeted to your perceived interests, such as banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting this Agreement, you expressly agree to receive this information.

You also agree that some of your information may be uploaded to our servers for purposes of processing or storage as part of our services. Before any data is uploaded to our server, we must obtain your explicit consent. This consent can be provided electronically through our website, app, or via written communication. Without your consent, we will not upload your data to our servers.

You can request that we not use your contact information for our own marketing purposes. Such a request must be made upon the initial setup of the account with Creditor X and must be submitted in writing to [email protected].

15. LEGAL DISPUTES: BINDING ARBITRATION/CLASS ACTION WAIVER AND CHOICE OF LAW

This arbitration provision is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. The subject Terms shall be governed by the laws of the State of Florida, without regard to any conflict of laws provisions. In the event of any controversy, claim, or dispute between the parties and anyone else named as a defendant or respondent in such claim arising out of or relating to this Agreement, the parties agree to first attempt to resolve all issues with the assistance of a certified mediator, with each party bearing their own costs and agreeing to mediate via live video call for at least 30 minutes, including the attendance of a COMPANY representative. In the event there is no resolution through mediation, the parties agree to resolve such outstanding dispute solely through the use of binding arbitration, administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures. Any such arbitration shall take place within Palm Beach County, Florida or such location as the parties may agree, and be conducted by a mutually-agreed-upon arbitrator. The arbitrator shall be neutral, independent, and shall comply with all applicable codes of ethics. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of these Terms and of this arbitration requirement. The award rendered by the arbitrator shall be final, binding on all parties, but subject to further proceedings governing arbitration awards in accordance with the Federal Arbitration Act.  Judgment on the award made by the arbitrator may be entered into any court having jurisdiction over the parties. The parties further agree that either party may bring claims against the other only in his/ her or its individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding unless COMPANY specifically requests that multiple separate claims be arbitrated and defended as consolidated proceedings. The parties shall share the cost of arbitration (not including attorneys' fees) equally. In the event that a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party shall be entitled to costs of suit, including reasonable attorneys' fees for having to compel Arbitration or defend or enforce the award. This section, the arbitration requirement and class action waiver, shall survive termination.

Binding arbitration means that the parties give up the right to a trial by a jury and their rights to have a dispute resolved in a court of law.  It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can be appealed, that discovery may be severely limited by the arbitrator, and that certain remedies such as statutory injunctions and fee shifting which may be available in a court of law may not be available.  In addition, the parties also give up the right to bring any claims on a consolidated or class basis in the arbitration unless COMPANY specifically requests that multiple arbitrations be consolidated.

16. NO THIRD-PARTY BENEFICIARIES

These Terms of Service are made solely for the benefit of User and the Program Parties and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of these Terms of Service.

17. PROHIBITION OF ASSIGNMENT:

User may not assign any of its rights or delegate any of its duties under these Terms of Service without our prior written consent. Despite such consent, no assignment shall release the assignor of any of its obligations or alter any of its primary obligations to be performed under these Terms of Service.

18. SUCCESSORS AND ASSIGNS:

Except as otherwise expressly provided in these Terms of Service, these Terms of Service shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties to these Terms of Service.

19. FORCE MAJEURE:

If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused.

20. WAIVER:

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Service shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by COMPANY in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

21. SEVERABILITY:

If a court or an arbitrator of competent jurisdiction holds any provision of these Terms of Service to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, without invalidating the remaining provisions of these Terms of Service or affecting the validity or enforceability of such provision in any other jurisdiction.

22. SERVICES DISCLAIMER:

YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE SERVICE(S), WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE. THE SERVICE(S), INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

NEITHER COMPANY, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, CONTRACTORS, LICENSORS, LICENSEES, SUPDLIERS, VENDORS, ADVERTISERS AND AGENTS ARE RESPONSIBLE FOR ANY CONTENT OR MATERIAL PROVIDED BY THIRD PARTIES EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH USER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE SUCCESS AT REDIRECTING CREDITOR CALLS,  (B) THAT THE SITE WILL BE UP FOR ANY GIVEN AMOUNT OF TIME. TO THE MAXIMUM EXTENT PERMITTED BY APDLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEGLIGENCE, GROSS NEGLIGENCE IN TORT OR UNDER ANY OTHER THEORY OR THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF COMPANYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED FIFTY DOLLARS ($50.00), WHICH THE PARTIES ACCEPT AS LIQUIDATED DAMAGES.

23. INDEMNIFICATION:

You shall indemnify, defend, and hold us harmless from and against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by us ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from User's breach of any term or provision of these Terms of Service. You will indemnify and hold us harmless against any claim brought by a third party against us, Our respective employees, officers, directors and agents arising from Your acts or omissions in connection with these Terms.

24. ATTORNEY’S FEES:

If COMPANY prevails in any action, suit, or proceeding arising from or based upon these Terms of Service, COMPANY shall be entitled to recover from User reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.

25. HEADINGS:

The headings in these Terms of Service are included for convenience only and shall neither affect the construction or interpretation of any provision in these Terms of Service nor affect any of the rights or obligations of the parties these Terms of Service.

26. CONFIDENTIALITY OBLIGATIONS:

Each of the Parties will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of the Parties protects its own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of the Parties may use the other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms and shall disclose such Confidential Information solely to those of its respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this clause shall supersede any non-disclosure agreement by and between the Parties entered prior to these Terms that would purport to address the confidentiality of Customer Content and such agreement shall have no further force or effect with respect to Customer Content.

27. SURVIVAL:

All clauses which, by their nature are intended to survive, including without limitation Clauses  (Intellectual Property Rights),  (Disclaimer of Warranties and Limitation of Liability), (Notifications), (Waiver), (Your Private Information), (Arbitration/Class Action Waiver/Choice of Law),  (Services Disclaimer), (Indemnification), and (Attorneys Fees) shall survive any termination of our agreement with you regarding the use of the Service(s). Termination shall not limit either Party’s liability for obligations accrued as of or prior to such termination or for any breach of these Terms of Service.

28. NOTICES AND CONSENT TO ELECTRONIC COMMUNICATIONS:

All notices from us may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or to the contact mailing address provided by You while subscribing to the Service(s); or (ii) electronic mail to the e-mail address provided to Your Account. Our address for a notice is found in Notices above. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.